Item - 2023.TE2.6

The Toronto and East York Community Council recommends:

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 1-11 Bloor Street West and 768-784 Yonge 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 appeal in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order be withheld until such time as the City Solicitor advises that:

a. 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; and

b. community benefits and other matters in support of the development are secured through an amendment to the existing Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

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

On December 18, 2020, a Zoning By-law Amendment application was submitted to increase the maximum permitted building height with an additional 9-storeys, totalling 94-storeys (338.3 metres, including mechanical).

On September 22, 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 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.