Item - 2024.TE14.12

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 appeals of the Official Plan Amendment and Zoning By-law Amendment applications in their current forms for the lands at 321-355 Symington Avenue and 350 Campbell Avenue and City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant team in attempt to resolve the outstanding matters.

2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its final Orders 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 Chief Planner and Executive Director, City Planning and the City Solicitor;

b. 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

c. 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, 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;

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;

iv. the owner has submitted a revised Environmental Noise and Vibration Assessment, such report to be peer reviewed by a third-party consultant on behalf of the City and at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; the Report shall determine the appropriate Area Class per Section B9 of NPC-300; and

v. necessary studies, including those related to pedestrian level wind impacts, sun shadow, rail safety and compatibility have been completed and their recommendations addressed to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

On January 13, 2023, a Zoning By-law Amendment application was received seeking permission for two towers being 36 and 39 storeys in height on a 6 storey shared podium, containing 817 dwelling units and 680 square metres of ground floor retail. On February 27, 2023, an Official Plan Amendment application was received for 350 Campbell Avenue to redesignate the lands from Core Employment Areas to Mixed Use Areas. 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 applications in their current form and continue discussions with the applicant to resolve outstanding issues.