Item - 2023.TE4.18

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 as well as the appeal on the Draft Plan of Subdivision for the lands at 2721 Danforth Avenue and to continue discussions with the applicant in an attempt to resolve outstanding matters.

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;

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;

c. the final form and content of the draft Plan of Subdivision is to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services; and

d. the plans and studies be revised to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, the General Manager, Solid Waste Management Services, and the Director, Urban Forestry.

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

On November 7, 2021, an Official Plan and Zoning By-law Amendment application was submitted to permit the construction of a mixed use building containing two towers at 35- and 55-storeys. Additionally, a Draft Plan of Subdivision application was submitted to divide the land into four blocks.

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.