Item - 2021.EY25.6

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate City staff, to attend the Ontario Land Tribunal (OLT) in opposition to the current Application regarding the Official Plan Amendment appeal for 18 - 20 Earlington Avenue and the Zoning By-law Amendment appeal for 18 - 26 Earlington Avenue and 4161 - 4169 Dundas Street West, and to continue discussions with the applicant in an attempt to resolve the outstanding issues described in the report (June 4, 2021) from the Acting Director, Community Planning, Etobicoke York District.

2. In the event that the Ontario Land Tribunal (OLT) 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 Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. The owner has submitted a revised Functional Servicing Report to determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. The owner has provided a revised Traffic Impact Study and a Transportation Demand Management Plan, which addresses parking and loading requirements, satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning;

d. The owner has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report and Traffic Impact Study/Transportation Demand Management Plan accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

e. The owner has provided parking spaces and accessible parking spaces, as well as drive aisles widths, in accordance with the supply and dimensional requirements of City-wide Zoning By-law 569-2013 to the satisfaction of the General Manager of Transportation Services;

f. The owner has provided a revised Pedestrian Level Wind Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning.

g. The owner has provided a revised Arborist Report, Tree Inventory and Preservation Plan and addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment applications, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

h. The owner has satisfied the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding signage;

i. The owner has provided information regarding the current number and type of rental units on the land and, if required, has addressed all rental replacement requirements in accordance with the Official Plan and City standards to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

j. The owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, a road widening along the frontage of the property on Dundas Street West to achieve a 2.1 metre wide sidewalk entirely within the City Right-of-Way, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor; and

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

4. The City Solicitor and appropriate staff be authorized to continue discussions with the applicant to address the issues outlined in this report and to report back to City Council if a potential resolution has been achieved.

On February 26, 2020, an Official Plan and Zoning By-law Amendment application was submitted to permit a 10-storey residential building and four townhouse units at 18 - 26 Earlington Avenue and 4161 - 4169 Dundas Street West.

On November 9, 2020, the applicant appealed the application to the Ontario Land Tribunal ("OLT") (formerly Local Planning Appeal Tribunal) citing City Council's failure to make a decision on the applications within the prescribed timeframe of the Planning Act.  A Case Management Conference ("CMC") is scheduled for June 9, 2021.

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