Item - 2024.TE12.10

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for a Zoning By-law Amendment (Application 23 216060 STE 10 OZ) in its current form for the lands municipally known as 70-86 Lynn Williams Street.

2. In the event the applications are appealed to the Ontario Land Tribunal, City Council, pursuant to subsection 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Zoning By-law Amendment application, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have filed an appeal to this decision of City Council’s intention to rely on subsection 34(11.0.0.1) of the Planning Act and the City Clerk shall provide notice to all prescribed persons or public bodies under subsection 34(11.0.0.2) of the Planning Act. 

4. City Council direct the City Clerk, should an appeal be filed, to notify the Ontario Land Tribunal of City Council’s intention pursuant to subsection 34(11.0.0.1) of the Planning Act, and that the Ontario Land Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials seventy-five (75) days after the last day for filing a notice of appeal for these matters.

5. Should the Zoning By-law Amendment applications be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, Community Planning, Toronto and East York District, to bring forward an Approval Report to the July 10, 2024 Toronto and East York Community Council meeting for a statutory public meeting as required under the Planning Act.

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

This application proposes to amend the Zoning By-law to permit a 43-storey mixed-use building containing 588 rental dwelling units at 70-86 Lynn Williams Street.

The application in its current form is not supportable. It does not meet Official Plan policies in terms of public realm and built form. Moreover, the proposal does not appropriately respond to existing heritage resources and fails to meet servicing requirements.

This report recommends refusal of the application to amend the Zoning By-law because the outstanding issues could not be resolved within the legislated timeline for decision of 90 days. If City Council does not make a decision within the legislated timeline, the City may be subject to a request to refund all or part of the application fees. The report also recommends that staff work with the applicant to use mediation to resolve the outstanding issues.