Item - 2023.TE2.14

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 appeal for an application to amend the applicable Zoning By-law for the lands at 399-405 Yonge Street and to continue discussions with the applicant and the owner of 20 Gerrard Street East (Covenant House) 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 proposed Zoning By-law Amendments(s) are in a content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner maintain a minimum 3 metre setback between the building, including all below grade and above grade structures, to all existing Toronto Transit Commission infrastructure; and

c. the owner has at its sole expense:

i. submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Report (the "Engineering Reports") 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, in consultation with the General Manager, Toronto Water;

ii. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determine that improvements or upgrades and/or new infrastructure are required to support the development; and

iii. submitted a revised Heritage Impact Assessment that includes a detailed conservation strategy for the properties at 401, 403 and 405 Yonge Street, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

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

On June 14, 2022, a Zoning By-law Amendment application was submitted to permit a 75-storey mixed use building with 191.84 square metres of commercial space and 828 residential units.

On November 21, 2022, the applicant appealed the Zoning By-law 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.