Item - 2022.TE31.21

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 Official Plan Amendment and Zoning By-law Amendment appeals for the lands at 294-298 Sherbourne Street and to continue discussions with the owner 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 Order(s) be withheld until such time as the City Solicitor advises that:

a. the proposed Official Plan and Zoning By-law Amendments are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. The Ontario Land Tribunal has been advised by the City Solicitor that the Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and Groundwater Report has been completed to the satisfaction of the Executive Director Engineering and Construction Services;

c. The owner has entered into the appropriate agreement(s) with the City for the design, construction and financial securities for any improvements to the municipal infrastructure, in connection with a Functional Servicing Report as accepted by the City's Executive Director Engineering and Construction Services should such Director determine that improvements to such infrastructure are required, to support the development, all to the satisfaction of the Executive Director of Engineering and Construction Services; and

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

On July 2, 2021, Official Plan and Zoning By-law Amendment application were submitted to permit a 10-storey residential building within a protected Neighbourhoods land use designation and within a designated Heritage Conservation District at 294-298 Sherbourne Street. The Official Plan and Zoning By-law Amendment application were deemed complete on September 13, 2021.

On January 14, 2022, the applicant appealed the applications to the Ontario Land Tribunal (OLT) due to Council not making a decision within the 120-day time frame under the Planning Act.

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