Item - 2024.TE10.13

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 15-17 Elm Street 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 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 Amendment are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

b. the owner has at its sole cost and expense:

i. submitted a revised Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports"), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development; and

iii. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new infrastructure or upgrades to existing municipal servicing infrastructure as may be required.

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

On September 13, 2022, a Zoning By-law Amendment application was submitted to permit a 30-storey (99 metres, including mechanical penthouse) mixed-use building. On April 19, 2023, a revised proposal for the 30-storey mixed-use building was submitted, containing 216 dwelling units and 303 square metres of non-residential gross floor area. The existing heritage building at 15 Elm Street is proposed to be demolished.

On September 25, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal due to Council not making a decision within the time frame in the Planning Act. The applicant has also appealed the heritage designation of 15 Elm Street to the Ontario Land Tribunal.

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