Item - 2023.TE2.5

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 appeals for the lands at 45 The Esplanade 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 Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

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

3.  City Council authorize the City Solicitor and appropriate staff to work with the applicant in an effort to maximize the amount of gross floor area dedicated to hotel use within the proposal.

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

On December 29, 2021, Official Plan and Zoning By-law Amendment applications were submitted to permit a 36- and 35-storey mixed-use development containing 682 units, 8,042 square metres of hotel use, and 585 square metres of retail at-grade.

The applicant appealed the applications 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 and appropriate City staff attend the OLT hearing to oppose the applications in their current form and continue discussions with the applicant to resolve outstanding issues.