544 and 550 Queen Street East - Request for Directions Report

On April 26, 27 and 28, 2017, City Council adopted the recommendations of Community Planning staff to refuse the Original Application. The Applicant appealed City Council's decision to the Ontario Land Tribunal (the "OLT"). The appeal was assigned Case No. PL170622 and is now filed as OLT-22-03289. On June 8, 2022, the Applicant submitted a with prejudice settlement offer to the City, set out in Appendix "A" to this Report (the "Revised Proposal"). The Revised Proposal expands the proposed development site to include the property at 544 and 550 Queen Street East (the "Site"). It also requests placing a holding provision in the zoning by-law that requires the Site to have been designated pursuant to Section 33 of the Ontario Heritage Act ("OHA"). The owner must also apply for alterations to the heritage property and to enter into a Heritage Easement Agreement as a condition for lifting the holding provision on the zoning for the lands. Council accepted the offer at its meeting dated June 15 and 16, 2022. On August 9, 2022, the OLT issued a decision and order approving the Revised Proposal's zoning by-law amendment portions subject to issuance of a final order. The Tribunal issued an order effective August 11, 2022 amending the zoning by-law in accordance with the Revised Proposal. The purpose of this report is to request further instructions regarding related to the heritage aspects of the development.

City Council direct that all other information contained in Confidential Attachment 1 to the report (September 7, 2022) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.