Item - 2023.TE2.13

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 appeal for the lands at 130-134 Parliament Street and 529 Richmond Street East, 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 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 are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has resolved matters related to roadway widenings, lane widenings and conveyances, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. 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;

d. 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;

e. the owner has provided a tenant relocation and assistance plan in accordance with Official Plan Policy 3.2.1.12, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

f. the owner has resolved matters related to the assessment of archaeological resources, including additional archaeological assessment, preservation or commemoration as appropriate, to the satisfaction of the Senior Manager, Heritage 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, a Zoning By-law Amendment application was submitted to permit a 44-storey mixed-use building with ground floor retail uses and 327 residential dwelling units. The application was deemed complete on May 9, 2022.

On September 27, 2022, the applicant appealed the 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.