Item - 2023.TE2.11

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 current application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 296-300 King Street East and 56-60 Berkeley Street 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 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 Official Plan and Zoning By-law Amendment are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;

c. in the event that improvements or upgrades and/or new infrastructure are required to support the development, the owner shall enter into agreement(s) for the construction of any such improvements to such services, as required, at no cost to the City and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has resolved matters related to the Pompadour Lane widening, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner has submitted a revised Heritage Impact Assessment that includes a conservation strategy for the on-site heritage resource, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. the owner has entered into a Heritage Easement Agreement with the City for the property at 298-300 King Street East, to the satisfaction of the Chief Planner and Executive Director, City Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor; and

g. the owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant, that is substantially in accordance with the conservation strategy set out in the revised Heritage Impact Assessment, to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

On November 9, 2021, an Official Plan and Zoning By-law Amendment application was submitted to permit a 34-storey mixed-use building with 1,188 square metres of commercial uses and 364 residential units.

On September 26, 2022, the applicant appealed the Official Plan and Zoning By-law Amendment 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 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.