40-62 Spadina Avenue and 378 Wellington Street West - Official Plan and Zoning By-law Amendment Application - Appeal Report

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.

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; and 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 Division; g. the applicant has entered into and registered on title to the lands a Heritage Easement Agreement for 40-46 Spadina Avenue pursuant to Section 37 of the Ontario Heritage Act acceptable and satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; h. the applicant has submitted an Archeological Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning; and i. 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, 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.