Item - 2023.TE6.27

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 application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 200 University Avenue 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 and draft Zoning By-law are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has addressed outstanding issues in relation to site servicing and has submitted revised Functional Servicing, Stormwater Management and Hydrogeological Reports providing confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and entered into and registered a financially secured agreement satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services to construct, provide, make operational, and warrant any necessary upgrades to existing services and facilities or new services and facilities;

c. the owner has addressed outstanding issues in relation to the requirements of Transportation Services and Solid Waste Management as set out in the memo from Development Engineering to City Planning dated October 4, 2022, to the satisfaction of Transportation Services and Solid Waste Management Services;

d. the owner has addressed outstanding issues in relation to requirements of Transportation Planning with respect to a PATH connection within the development, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the owner has addressed outstanding issues in relation to the Toronto Transit Commission's Line 1 Yonge-University Subway, as set out in the Toronto Transit Commission memorandum dated August 4, 2022, to the satisfaction of the Toronto Transit Commission;

f. the owner has confirmed that no portion of the building and no temporary construction equipment or maintenance equipment for the building will extend into the Flight Obstacle Limitation Surface for St. Michael's Hospital, as set out in By-law 1432-2017, to the satisfaction of the Chief Planner and Executive Director, City Planning;

g. the owner has submitted a detailed Conservation Plan prepared by a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Planning;

h. the owner and the City have entered into a Heritage Easement Agreement for the property at 200 University Avenue, to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor; and

i. the owner agrees, as a condition of site plan approval, that the owner prepare and thereafter implement a Heritage Lighting Plan, a Signage Plan and an Interpretation Plan, and that the owner provide a letter of credit to secure all work included in the approved Conservation Plan, approved Interpretation Plan and approved Lighting Plan, including a provision for upwards indexing, all to the satisfaction of the Senior Manager, Heritage Planning.

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

On June 23, 2022 an Official Plan and Zoning By-law Amendment application was submitted seeking permission for a mixed-use development that includes the retention of the existing 16-storey heritage building on the site, with a 35-storey addition above for a total of 51 storeys.  On September 8, 2022 a Site Plan Control application was also submitted.

On December 13, 2022 the applicant appealed these applications to the Ontario Land Tribunal ("OLT") due to Council's failure to make a decision within the time frames prescribed by 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 in an attempt to resolve outstanding issues.