Item - 2024.TE12.12

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 to oppose the appeal of the Zoning By-law Amendment in its current form for the lands at 467-479 Wellington Street West and 33 Draper Street and City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant in an attempt to resolve outstanding matters.

2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its final Order 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 Chief Planner and Executive Director, City Planning and the City Solicitor; 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 or addendums ("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, 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 July 20, 2022, a Zoning By-law Amendment application was submitted seeking permission for a 23-storey mixed-use building containing 225 dwelling units at 467-479 Wellington Street West and 33 Draper Street. The applicant appealed the application 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 application in its current form and continue discussions with the applicant to resolve outstanding issues.