Item - 2023.TE2.16

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 Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision application appeals for the lands at 18 Portland Street and 1-9 Niagara 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, in addition to any direction to the City Solicitor from the Chief Planner and Executive Director, City Planning on the Draft Plan of Subdivision appeal, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold any Order on the proposed appeals until such time as the City Solicitor advises that:

a.  the proposed Official Plan Amendment(s) are in a content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and

b.  the proposed Zoning By-law Amendment(s) are in a content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

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, 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 determined that improvements or upgrades and/or new infrastructure are required to support the development;

iii.  submitted a revised Transportation Impact Study, including streetscape and curb extension provisions, acceptable to, and to the satisfaction of, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and that such matters arising from such study, be secured if required;

iv. submitted a revised Heritage Impact Assessment that includes a detailed conservation strategy for the property at 18 Portland Street, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

v. submitted a detailed Conservation Plan, prepared by a qualified heritage consultant, that is substantially in accordance with the conservation strategy set out in the accepted revised Heritage Impact Assessment required by Part 2.c.iv. above, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and

vi. submitted a revised Arborist Report, Landscape Plan (with a public utility plan underlay in an updated soil volume plan) and Tree Protection Plan acceptable and satisfactory to the General Manager, Parks, Forestry and Recreation.

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

On November 5, 2021, Zoning By-law Amendment and Draft Plan of Subdivision applications were submitted seeking approvals for a 23-storey mixed-use building with retail space on the ground floor, office space on the ground, second and third-storeys and 182 residential condominium units above.

On March 10, 2022, the Applicant appealed the Zoning By-law Amendment and Draft Plan of Subdivision applications to the Ontario Land Tribunal ("OLT") as a result of City Council not making a decision on the application within the timeframe legislated by the Planning Act. City Council has delegated decisions on Draft Plan of Subdivision to the Chief Planner, including matters under appeal, and therefore directions on the Draft Plan of Subdivision are not required from City Council pursuant to Chapter 415-18.1 of the Toronto Municipal Code.

On May 25, 2022, an Official Plan Amendment application was submitted out of an abundance of caution as the proposal does not conform with the Council adopted, but under appeal King-Spadina Secondary Plan Update (Official Plan Amendment 486). The Applicant appealed the application to the OLT on October 21, 2022 as a result of City Council not making a decision on the application within the timeframe legislated by the Planning Act.

As submitted, the application is not supportable. It represents an overdevelopment of the site, which is reflected in its built form and massing, as well as shadow impacts, among other concerns. This report recommends that the City Solicitor, with 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.