Item - 2023.TE9.24

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 141 Roehampton Avenue.

2. City Council direct the City Solicitor and appropriate City staff to continue discussions with the applicant in an attempt to resolve outstanding issues.

3. 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-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. 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

c. the applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review.

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

On June 28, 2022, a Zoning By-law Amendment application was submitted to permit a 152.0-metre (48-storey excluding mechanical penthouse) residential building containing 614 dwelling units.

On May 12, 2023, the applicant submitted updated materials revising the Zoning By-law Amendment application, increasing the proposed height of the building to 179.6 metres (58-storeys excluding mechanical penthouse), the proposed number of residential dwelling units to 809 units, and revising the built form and massing of the base building and tower.

On May 24, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the time frame in the Planning Act.

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