Item - 2024.TE11.12

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 proposal, specifically regarding the Zoning By-law Amendment application appeal for the lands at 2681 Danforth Avenue 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 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 Official Plan Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. 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;

c. the plans and studies be revised to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, the General Manager, Solid Waste Management Services, and the Supervisor, Urban Forestry; and

d. a Draft Plan of Subdivision application is submitted to secure, among other matters, the conveyance of land for and construction of new public roads and parkland.

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

On January 4, 2023 the City received applications to amend the Official Plan and Zoning to permit a 44 and 33 storey tower development including a 8-9 storey podium with a total gross floor area of 79,854 square metres and 905 residential units; 11,066 square metres of non-residential space dedicated for Canadian Tire retail operations; and an onsite park dedication of approximately 958 square metres on the south portion of the site.  Road conveyances will be required to facilitate a new north-south public street.

The applicant appealed the applications to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the time frame prescribed in the Planning Act.

This report recommends that the City Solicitor and appropriate City staff attend the OLT hearing to oppose the proposal in its current form and continue discussions with the applicant to resolve outstanding issues. This application is one of a number of applications in the immediate area which have been appealed; the review of these applications has been coordinated to implement the policy framework.