Item - 2021.TE26.15

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 (formerly Local Planning Appeal Tribunal) in opposition to the current Application regarding the Zoning By-law Amendment appeal for the lands at 133-141 Queen Street East and 128 Richmond Street East.

2. In the event that the Ontario Land Tribunal (formerly Local Planning Appeal 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 Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

 
b. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application as set out in their memo dated December 11, 2019 or as may be updated in response to further submissions filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 
c. the owner has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the reports will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required;

 
d. the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

 
e. the parties have had an opportunity to negotiate community benefits and other matters in support of the development to be secured in an agreement pursuant to section 37 of the Planning Act, and such Agreement has been registered on title to the lands satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning; and

 
f. the owner has withdrawn its appeal of Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy, and the associated Zoning By-laws 1106-2016 and 1107-2016, as relates to the subject lands.

 
3. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address the issues outlined in the report (June 4, 2021) from the Director, Community Planning, Toronto and East York District.

4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement the recommendations above.

On October 3, 2019, a complete application to amend the Zoning By-law was submitted to permit a 39-storey mixed-use building at 133-141 Queen Street East and 128 Richmond Street East.

On December 31, 2020, the applicant appealed the application to the Local Planning Appeal Tribunal ("LPAT") due to Council not making a decision within the 90-day time frame in the Planning Act.

The proposed development is not consistent with or conform with a number of policies of the Provincial Policy Statement (2020) and the Growth Plan for the Greater Golden Horseshoe (2020). The proposal does not conform to the City's Official Plan, in particular the Mixed Use Areas, Public Realm, and Built Form policies, as well as the Downtown Plan and OPA 352. Further, the proposed development does not adequately address the City's Tall Building Design Guidelines, or meet the intent of those guidelines.

This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the LPAT hearing and oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.