Item - 2023.TE9.27

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 and Site Plan appeal for the lands at 685 Lake Shore Boulevard East and to continue discussions with the applicant 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-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has addressed outstanding issues in relation to site servicing and has submitted revised Functional Servicing, Stormwater Management and Hydrogeological Reports providing confirmation of water, sanitary and stormwater capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and entered into and registered a financially secured agreement satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services to construct, provide, make operational, and warrant any necessary upgrades to existing services and facilities or new services and facilities;

c. the final draft Zoning By-law includes appropriate holding provisions addressing matters related to flood protection, compatibility, transportation infrastructure, servicing, solid waste management, affordable housing and matters relevant to precinct planning to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

d. necessary studies, including those related to pedestrian level wind impacts, sun and shadow, and noise and air quality compatibility have been completed and their recommendations addressed 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.

4. In the event the Ontario Land Tribunal allows the appeals in whole or in part, City Council request the applicant, in consultation with the Ward Councillor, to commit to the following measures in addition to the implementation of the standard City of Toronto Construction Management Plan, to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services, including but not be limited to the following:

a. establish a Construction Liaison Committee made up of local residents and businesses including a representative of the local Residents Associations, to the satisfaction of the local Councillor; the Committee is to meet bi-weekly at the beginning of construction; and notes from the meetings are to be shared with the members and the Councillor’s office in a timely way following each meeting;
 

b. sweep the construction site daily and nightly, or more frequently as needed to be cleared of any construction debris and made safe;
 

c. pressure wash the construction site and adjacent sidewalks, laneways and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe;
 

d. ensure that the existing sidewalks and all pedestrian walkways have proper lighting to ensure safety and visibility at all times of the day and night;
 

e. consult and communicate all construction, parking and road occupancy impacts with local businesses and residents in advance of any physical road modifications;
 

f. install appropriate signage and converging mirrors where necessary to ensure that pedestrians’, cyclists’ and motorists’ safety is considered at all times;
 

g. post a 24 hours a day/7 day contact number for the site superintendent on the construction hoarding;
 

h. create a publicly accessible website with regular construction updates and post the website address on the subject site; and
 

i. include a minimum of 75 percent of advertisement surface area on the construction hoarding to be allocated to artwork at their sole cost, in collaboration with the Steps Initiative and to the satisfaction of the Ward Councillor.
 

5. In the event the Ontario Land Tribunal allows the appeals in whole or in part, City Council request the General Manager, Transportation Services to examine and report to the Toronto and East York Community Council after the Zoning By-law Amendment have come into full force and effect, regarding the realignment of the applicable Permit Parking Area and the exclusion of 685 Lakeshore and associated addresses, from the permit parking area.

On September 2, 2022 the City received applications for Zoning By-law Amendment and Site Plan Control to permit a mixed-use development in the Port Land’s McCleary District. This application proposed two 35-storey residential towers connected by a 4-storey commercial base building. A resubmission of the application was received on June 22, 2023, revising the height of the residential towers to 38 and 43-storeys respectively. The revised application contains 899 condo dwelling units and two levels of underground parking.

On July 10, 2023 the applicant appealed these applications to the Ontario Land Tribunal ("OLT") due to Council's failure to make a decision within the time frame prescribed by the Planning Act. A Case Management Conference has been scheduled for November 17, 2023.

This report recommends that the City Solicitor and appropriate City staff attend the OLT hearing to oppose the application in its current form and continue discussions with the applicant in an attempt to resolve outstanding issues and to ensure coordination with ongoing precinct planning for the McCleary District.