Item - 2023.TE9.23

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 Official Plan and Zoning By-law Amendment application appeal for the lands at 219-221 Roxton Road 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 the Ontario Land Tribunal to withhold any Order on the proposed appeals until such time as the City Solicitor advises that:

a. the proposed Official Plan Amendment is in a content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

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

c. the applicant 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

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 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.

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

On April 22, 2022, an Official Plan and Zoning By-law Amendment application was submitted seeking approval to re-designate 219 Roxton Road from Neighbourhoods to Mixed Use Areas and for a 6-storey mixed-use building with retail space on the ground floor and 17 residential units above.

On March 6, 2023, the applicant revised the proposal to a 12-storey mixed-use building with retail space on the ground floor and 33 residential units above.

On June 1, 2023, the applicant appealed the Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the statutorily prescribed time frame in the Planning Act.

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