Item - 2024.TE15.17

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 Zoning By-law Amendment appeal respecting the lands municipally known as 505 University 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 Zoning By-law Amendment appeal in whole or in part, City Council direct the City Solicitor to request that the issuance of any final order be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-law Amendment 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 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;

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 and the General Manager, Toronto Water, 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 August 31, 2022, a Zoning By-law Amendment application was submitted to permit a 64-storey mixed-use building with 25,700 square metres of non-residential gross floor area and 704 dwelling units. The designated heritage building at 505 University Avenue would be demolished, with some of its materials re-used in the construction of a new base building.

On October 25, 2023, the applicant appealed the 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.

On February 23, 2024, an Official Plan Amendment application (File number 24 118172 STE 11 OZ) was submitted to enable to development to not replace the existing non-residential gross floor area as required by the Downtown Plan. The Zoning By-law Amendment application was not updated or revised to remove the proposed non-residential gross floor area for office uses.

This report recommends that the City Solicitor and appropriate City staff attend the OLT hearing to oppose the Zoning By-law Amendment application in its current form and continue discussions with the applicant to resolve outstanding issues.