Item - 2023.TE7.11

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 for the lands at 307 Lake Shore Boulevard East 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, and approves the Official Plan Amendment and Zoning By-law Amendment, 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, inclusive of any appropriate holding (H) provisions;

c. 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 General Manager, Parks, Forestry and Recreation;

d. the Owner has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and/or road improvements are required to the infrastructure to support the development, according to the accepted Engineering Reports and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services;

e. the appropriate environmental reports and architectural plans have been peer reviewed to ensure that appropriate noise and vibration mitigation measures are implemented and reflected in the final form of the amending Official Plan policies and Zoning By-law Amendment, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

f. the Owner has provided a revised Pedestrian Level Wind Study with recommendations implemented as part of the amending Official Plan policies and Zoning By-law Amendment and the City has advised that any building envelope changes to address the findings of the wind study have been made, to the satisfaction of the Chief Planner and Executive Director, City Planning and any mitigation measures secured in a development agreement, 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 April 29, 2022 an Official Plan and Zoning By-law Amendment application was submitted to permit the construction of a 49-storey mixed use tower containing 430 residential units. A Site Plan Control application was submitted on the same date to address detailed site design and organization.

On April 24, 2023, the applicant appealed the applications to the Ontario Land Tribunal 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 Ontario Land Tribunal hearing to oppose the applications in their current form and continue discussions with the applicant in an attempt to resolve outstanding issues.