Item - 2021.EY28.2

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal hearing to oppose the appeal respecting the Zoning By-law Amendment application (File Number 20 226957 WET 07 OZ), as proposed for the lands at 41-75 Four Winds Drive, and to continue discussions with the applicant in an attempt to resolve outstanding issues and report back on outcomes of such discussions as appropriate.

2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises the Ontario Land Tribunal that:

a. The final form and content of the amending Zoning By-laws are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. The owner has provided a revised Functional Servicing Report, a revised Stormwater Management Report, and a revised Geotechnical Report, such reports to be reviewed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. The owner has provided a revised Transportation Impact Study, such report to be reviewed to the satisfaction of the General Manager, Transportation Services;

d. The owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the amending Zoning By-laws and/or secured as a legal convenience in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. The owner has provided a revised Land Use Compatibility Study, such report to be peer reviewed by a third party consultant on behalf of the City and at the owners expense, with recommendations to be implemented as part of the amending Zoning By-laws and/or secured as a legal convenience in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. The owner has provided additional information related to the underground garage with off-site access from 455 Sentinel Road to the satisfaction of the Chief Planner and Executive Director, City Planning;

g. 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, Stormwater Management Report, Geotechnical Report and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; and

h. The owner has provided a revised Tree Preservation Plan and a revised Landscape Concept Plan to the satisfaction of the General Manager of Parks, Forestry and Recreation.

3. In the event the Ontario Land Tribunal allows the appeal in whole or in part, and the implementing amending Zoning By-laws are enacted prior to the earlier of September 18, 2022 or the day the City passes a community benefits charge by-law, City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act, securing appropriate services, facilities and other community benefits as may be required by the Chief Planner and Executive Director, City Planning.

4. In the event the Ontario Land Tribunal allows the appeal in whole or in part and the implementing amending Zoning By-laws are enacted after the earlier of September 18, 2022 or the day the City passes a community benefits charge by-law, City Council authorize the City Solicitor to secure Community benefits and other matters in support of the development in a development 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.

5. In the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to enter into an agreement to secure the following as matters required to support the development:

a. The owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time; and

b. The owner shall satisfy the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues.

6. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the foregoing.

On December 9, 2020, an application was submitted to amend the former City of North York Zoning By-law 7625 and city-wide Zoning By-law 569-2013 for lands at 41-75 Four Winds Drive. The application proposes to permit three buildings of 9, 11 and 32 storeys consisting of 560 residential units and 1,422 square metres of commercial gross floor area, with a total gross floor area of 43,745 square metres and a Floor Space Index of 4.1 times the area of the lot. Vehicular parking is proposed at grade and within a one and four-level underground parking garage consisting of 350 spaces.            

The proposal does not conform to the built form policies of the Official Plan, and the emerging policies of the Council adopted Keele Finch Secondary Plan. As such, the proposal is not consistent with the PPS (2020) and does not conform with the Growth Plan.

On May 26, 2021, the Zoning By-law amendment application was appealed to the Ontario Land Tribunal ("OLT") by the applicant pursuant to Section 24(11) of the Planning Act citing City Council's failure to make a decision on the applications within 90 days after the application was deemed complete.

This report recommends that City Council direct the City Solicitor, together with appropriate City staff, to oppose the current proposal at the OLT and to continue discussions with the applicant to resolve outstanding issues.