Item - 2024.TE12.13

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 Official Plan and Zoning By-law Amendment appeal for the lands at 595 Bay Street and 306 Yonge 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 Official Plan Amendment and 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:

1. submitted a revised Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary Form, and Hydrological Review Summary Form ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

2. 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

3. 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 November 8, 2021, an Official Plan and Zoning By-law Amendment application was submitted to permit a 34-storey (113.9 metres, including mechanical penthouse) mixed-use building containing 317 dwelling units and 2,998 square metres of non-residential gross floor area. The 4 to 8-storey building at the northeast corner of the existing Atrium on Bay retail and office building would be demolished to accommodate the proposed development. The remainder of the Atrium on Bay, including the existing office towers, would be retained.

The applicant submitted an Official Plan Amendment application which proposes to create a Site and Area Specific Policy that would permit the new 34-storey building without replacement of the demolished office gross floor area. The Zoning By-law Amendment application proposes to amend Zoning By-law 438-86, as amended by Site-specific Zoning By-law 1725-2013, to permit the proposed development. The application also proposes to bring the site into Zoning By-law 569-2013.

The site is located within the eastern flight path for The Hospital for Sick Children heliport. The proposed building height exceeds the height that would be permitted by the flight path regulations for this site.

On January 12, 2024, the applicant appealed the Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the time frame 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.