Item - 2023.TE1.7

The Toronto East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in support of the Zoning By-law Amendment appeal for the lands at 759-763 Queen Street East and to continue discussions with the Applicant to resolve any outstanding issues, including with the Site Plan Control application.

2. In the event that the Ontario Land Tribunal allows the appeal of the Zoning By-law Amendment application in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Owner has provided a revised Functional Servicing and Stormwater Management Report in respect of the development of the subject lands is to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has made satisfactory arrangements with the City to secure, pay for, and construct all works and improvements to existing City infrastructure to provide servicing capacity to support the development of the subject lands, as recommended in the accepted Functional Servicing and Stormwater Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the Owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review, General Manager, Parks, Forestry and Recreation and the City Solicitor prior to the Ontario Land Tribunal's Order.

e. the Owner has made arrangements satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning, that the design preserves the heritage character of the Ralph Thornton Centre (765 Queen Street East) including visual and physical impacts.

f. the Owner has submitted a construction management plan that includes a strategy to ensure demolition has no negative impacts on the heritage character of the Ralph Thornton Centre, include property damage, dust and physical impacts.

3. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

In 2014, Zoning By-law Amendment and Site Plan Control applications were submitted to permit a six storey mixed-use building containing 29 dwelling units. On May 5, 2021, City Planning received an updated proposal from a new landowner, increasing the proposal to seven storeys in height. 28 dwelling units are now proposed.

On August 5, 2022, the applicant appealed the Zoning By-law Amendment application and referred the Site Plan Control application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the time frame prescribed in the Planning Act.

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