Item - 2025.TE20.11

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 appeals for the lands at 40-62 Spadina Avenue and 378 Wellington Street West 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 appeals 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 is to the satisfaction of the Executive Director, Development Review and the City Solicitor;

b. the final form and content of the draft Zoning By-law Amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor;

c. the applicant has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law amendment;

d. the applicant has addressed all outstanding issues raised by Development Engineering as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

f. the applicant has provided a detailed Conservation Plan, prepared by a qualified heritage consultant, for 40-46 Spadina Avenue to the satisfaction of the Senior Manager, Heritage Planning, City Planning;

g. the applicant has submitted an Archeological Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning; and

h. the conveyance to the Owner by the City, a portion of the public lane abutting 58-62 Spadina Avenue, known as Part 3, Plan 66R-22924, to be part of the development site, to the satisfaction of the General Manager, Transportation Services, the Director, Real Estate Services and the City Solicitor.

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

On August 10, 2022, an Official Plan and Zoning By-law Amendment application was submitted seeking permission for a 28-storey (93 metres, including mechanical penthouse) mixed-use building with retail at-grade along Spadina Avenue.  The proposal included retail at grade, two levels of office, and 521 residentail units above. The façade of the existing four-storey factory building was proposed to be retained and incorporated into the new development.

On May 15, 2024, the Applicant submitted a revised proposal for a 30-storey (99 metres, including mechanical penthouse) mixed-use building with retail at-grade, no office component, and 550 residentail units above.

On July 9, 2024, the Applicant appealed to the Ontario Land Tribunal ("OLT") due to Council not making a decision on the application within the timeframe prescribed by 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 to continue discussions with the applicant in an attempt to resolve outstanding issues.