Item - 2024.TE16.9

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 Zoning By-law Amendment appeal for the lands at 86-108 Lombard Street and 103 Richmond Street East 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 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 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 at their sole cost and expense has:

i. submitted a revised Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("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 provided financial securities in respect of 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, according to the Engineering Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law 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 municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;

iv. submitted an updated Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services; and

v. relevant conditions as may be set out in an approved heritage permit application under the Ontario Heritage Act, that is approved before or concurrent with any order of the Ontario Land Tribunal withholding approval of the Zoning By-law Amendment.

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

On August 26, 2022, a Zoning By-law Amendment application was submitted to permit a 59-storey (216 metres, including mechanical penthouse) mixed-use building containing 480 dwelling units, 4,321 square metres of office space, and 616 square metres of retail space. The former City Morgue building at 86 Lombard Street is designated under Part IV of the Ontario Heritage Act and is proposed to be relocated to the eastern portion of the site. A mid-block connection between Richmond Street East and Lombard Street and a public open space are proposed.

On March 26, 2024, 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.

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.