Item - 2023.TE2.15

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 applications regarding the Official Plan and Zoning By-law Amendment appeal, the Site Plan Control Application appeal and the Subdivision Application appeal for the lands at 619-637 Yonge Street and 1-9 Isabella 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 appeals 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 Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the applicant has withdrawn its appeal of Official Plan Amendment 183 and its party status in the Historic Yonge Heritage Conservation District Appeal;

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 determination of whether holding provisions are required in the Zoning By-law Amendment; and

d. the owner has, at its sole expense, submitted a revised Heritage Impact Assessment that includes a detailed conservation strategy for the property at 625 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 November 10, 2021, Official Plan and Zoning By-law Amendment and Draft Plan of Subdivision applications were submitted to permit a 57-storey mixed-use building containing 606 dwelling units and 3,500 square metres of non-residential gross floor area. On April 11, 2022, a Site Plan Control application was also submitted.

On September 23, 2022, the applicant appealed all of these applications to the Ontario Land Tribunal (OLT) due to Council not making a decision within the time frame in the Planning Act.

This report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing to oppose the applications in their current form and to continue discussions with the applicant to resolve outstanding issues.