Item - 2023.TE7.15

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 175-185 King Street East 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 Zoning By-laws are 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, and traffic capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law amendment;

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

d. the owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with a conservation strategy set out in an acceptable Heritage Impact Assessment, both of which are 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 August 18, 2022, a Zoning By-law Amendment application for 179-185 King Street East was submitted to permit a 33-storey mixed-use building with 7,600 square metres of non-residential gross floor area and 190 dwelling units above. Portions of the facades of the existing designated heritage buildings were proposed to be integrated into the development.

On March 24, 2023, the applicant appealed the application to the Ontario Land Tribunal due to Council not making a decision within the time frame in the Planning Act. Following the appeal, the applicant acquired 175 King Street East and submitted a revised Zoning By-law Amendment application on August 14, 2023. The revised application for 175-185 King Street East is for a 35-storey mixed-use building with 500 square metres of non-residential gross floor area and 394 dwelling units above.

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