Item - 2022.TE31.20

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the Zoning By-law Amendment appeal for the lands at 471-479 Queen Street East for the reasons set out in the report (January 31, 2022) from the Director, Community Planning, Toronto and East York District, and to continue discussions with the owner in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request that the issuance of any final order be withheld until such time as the City Solicitor advises that:

a. the draft Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has entered into, and registered on title to the lands, an agreement with the City pursuant to section 37 of the Planning Act, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing community benefits and other matters in support of the development; and

d. the owner withdraw its appeal of Official Plan Amendment 525, being the King-Parliament Secondary Plan, and the associated Zoning By-law 393-2021, as they relate to the subject lands.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement the above recommendations.

On November 19, 2020, a Zoning By-law Amendment application was submitted to permit a 15-storey (54.8 metres tall including mechanical penthouse) mixed-use building with ground floor retail uses and 143 residential dwelling units at 471-479 Queen Street East. The application was deemed complete on May 5, 2021.

On November 5, 2021, the applicant appealed the application to the Ontario Land Tribunal (the "OLT") due to Council not making a decision within the time frame under the Planning Act.

This report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing to oppose the application in its current form and to continue discussions with the applicant to resolve outstanding issues.