Item - 2023.TE2.12

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 Zoning By-law Amendment and Site Plan Control appeal for the lands at 225 - 229 Queen Street East and 120 - 134 Sherbourne Street, and to continue discussions with the applicant 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 instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order(s) on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

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

b. the owner has resubmitted the Functional Servicing and Stormwater Management Report and Hydrogeological Report, which includes 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. the owner has addressed all outstanding issues outlined in the Urban Forestry memo dated March 17, 2022 as they relate to tree planting, soil volume, utility conflicts, tree protection, and Toronto Green Standards, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

d. the owner has addressed the loss of residential dwelling rooms in accordance with Official Plan Policy 3.2.1.11, and entered into one or more agreements to secure the replacement of the gross floor area found to comprise the residential dwelling rooms, and provided tenant relocation and assistance, as appropriate, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

e. the owner has submitted a Revised Heritage Impact Assessment that includes a conservation strategy for the properties at 229 Queen Street East and 120-122 Sherbourne Street, to the satisfaction of the Senior Manager, Heritage Planning;

f. the owner has entered into a Heritage Easement Agreement with the City for the properties at 229 Queen Street East and 120-122 Sherbourne Street, to the satisfaction of the Senior Manager, Heritage 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 required by Part 2.e. above, to the satisfaction of the Senior Manager, Heritage Planning.

3. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its Order(s) on the Site Plan Control application until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the City has issued Notice of Approval Conditions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

b. the owner has completed all required road widenings and conveyances to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

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

On November 16, 2021, Zoning By-law Amendment and Site Plan Control applications were submitted to permit a 31-storey mixed-use building with ground floor retail uses and 340 residential dwelling units at 225-229 Queen Street East and 120-134 Sherbourne Street.

On July 14, 2022, the applicant appealed the Zoning By-law Amendment and Site Plan Control applications to the Ontario Land Tribunal (the "OLT") due to City 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.