Item - 2023.TE5.12

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Zoning By-law Amendment appeal for the lands at 353-355 Adelaide Street West, 46 Charlotte Street and 16 Oxley Street and to continue discussions with the applicant in an attempt to resolve the issues outlined in the report (May 3, 2023) from the Acting Director, Community Planning, Toronto and East York District.

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 on the Zoning By-law Amendment be withheld until such time as the City Solicitor advises that:

a. the proposed Zoning By-law Amendment is in a context and form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; and

b. the owner has, at its sole expense:

i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("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 provision of financial securities for any upgrades or required improvements to the existing 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 and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii. implemented the accepted Engineering Reports and any required changes have been made to the proposed amending By-laws to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new or upgrades to existing municipal servicing infrastructure, as may be required;

iv. submitted a revised Pedestrian Level Wind Study, acceptable and satisfactory to the Director, Community Planning, Toronto and East York District; and

v. submitted a revised Heritage Impact Assessment that includes a detailed conservation strategy for the property at 353-355 Adelaide Street West, 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 June 29, 2020, a Zoning By-law Amendment application was submitted to permit a 50-storey (165 metres, including mechanical penthouse) mixed-use building at 353-355 Adelaide Street West and 46 Charlotte Street, and a 12-storey extension fronting 16 Oxley Street. The proposal included 293 residential units and 7,540 square metres of retail and office space. A 6-storey heritage building located at 355-359 Adelaide Street West was proposed to be incorporated into the development. Additional materials to make the application complete were submitted on October 6, 2020.

A Site Plan Control application was submitted on August 19, 2021.

In July 2022, a new owner purchased the subject property from the previous applicant. Subsequently, on October 27, 2022, the new owner appealed the Zoning By-law and   Site Plan applications to the Ontario Land Tribunal ("OLT") as a result of City Council not making a decision within the timeframe legislated by the Planning Act.

Further, in February 2023, the new owner submitted updated materials revising the Zoning Amendment application, increasing the proposed height of the building to 58 storeys (187 metres, including mechanical), revising the Oxley Street portion of the building to 6 storeys, increasing the number of residential units to 503 units and decreasing the amount of retail and office space to 2,802 square metres. The heritage building continues to be incorporated into the proposed development. The revised proposal is the subject of the appeal before the OLT and this report.

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