Item - 2023.TE6.28

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 Zoning By-law Amendment appeal for the lands at 49-51 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 Orders 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;

b. the owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law amendment; and

c. the owner has submitted a revised Heritage Impact Assessment that includes a conservation strategy for the on-site heritage resources, to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

On November 8, 2021, a Zoning By-law Amendment application was submitted to permit a 60-storey mixed-use building with 1,757 square metres of non-residential gross floor area on the first five storeys and 256 dwelling units above at 49-51 Yonge Street.

On April 17, 2023, the applicant appealed the application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the time frame in the Planning Act.

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