Item - 2020.TE13.5

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor, together with appropriate staff, to attend the Local Planning Appeal Tribunal (the "LPAT") hearing to oppose the appeal respecting the Zoning By-law Amendment application (File No. 19 186473 STE 19 OZ) as proposed at 9-25 Dawes Road.

2. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (January 20, 2020) from the Director, Community Planning, Toronto and East York District and to report back to City Council, as necessary.

3. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

- The final form of the Zoning By-law Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

 
- The approval is to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Solid Waste Services, and the General Manager, Transpiration Services; and

 
- Community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

On December 4, 2019, the applicant appealed to the Local Planning Appeal Tribunal (the "LPAT") citing Council's failure to make a decision on the Zoning By-law Amendment Application within the timeframe prescribed by the Planning Act. The first prehearing conference has not yet been scheduled.

This application proposes to amend the Zoning By-law for the property at 9-25 Dawes Road to permit two towers atop a shared base building which comprises residential, retail and community space. The North Tower would be 24 storeys, and the South Tower would be 30 storeys. Together, a total of 684 units are proposed with a total gross floor area of 46,498 square metres.

This report recommends that the City Solicitor together with Planning Staff and other appropriate Staff be directed to oppose the appeal at the Local Planning Appeal Tribunal. The proposal requires further revisions to the site organization, the massing and scale of the towers, and to the public realm before the application can be considered to represent good planning. In its current form, the proposal is inconsistent with the Provincial Policy Statement (2014), does not conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019), and does not conform to the Official Plan. The proposal also does not conform to the Council-adopted Official Plan Amendment 478.