Item - 2024.TE11.11

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 to oppose the current Zoning By-law Amendment Application appeal for the lands at 1437-1455 Queen Street West, and to continue discussions with the applicant to 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 appeal until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the applicant has satisfied all requests for further information identified in the Engineering and Construction Services memo to City Planning dated July 28, 2023, including but not limited to, a revised Functional Servicing Report to demonstrate the site can be adequately serviced 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 whether holding provisions are required in the Zoning By-law Amendment;

c. 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;

d. any necessary studies, including those related to pedestrian level wind impacts, sun shadow, noise and vibration, have been completed, and their recommendations addressed to the satisfaction of the Chief Planner and Executive Director, City Planning; and

e. a soil volume plan and tree planting plan has been accepted by the Supervisor, Urban Forestry, Tree Protection and Plan Review.

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

A Zoning By-law Amendment application was submitted on May 19, 2023 seeking approval for a 12-storey mixed-use building comprised of 1 level of underground parking, retail uses on the ground level, and 249 residential units located on the upper floors at 1437-1455 Queen Street West.

On November 27, 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 statutory time frame prescribed in the Planning Act.

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