Item - 2021.TE23.27

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor to attend the Local Planning Appeal Tribunal (the "LPAT") hearing with appropriate City Staff in opposition of the Zoning By-law Amendment application (File No. 19 124138 STE 19 OZ) proposed for 10-30 Dawes Road.

2. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the outstanding issues set out in this report.

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 that the Local Planning Appeal Tribunal withhold issuance of any final Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a. the form and content of the Zoning By-law Amendment has been finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner has submitted required reports and secured necessary conditions to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, General Manager, Solid Waste Services and General Manager, Transportation Services;

c. the owner has submitted a revised Functional Servicing Report, including confirmation of water flow, sanitary and storm water capacity, Storm Water Management Report and Hydro-geological Report (the “Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

d. the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending By-law or any such required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services;

e. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;

f. the owner has submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services;

g. the owner has secured off-site parkland dedication to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

h. 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.

This application proposes to amend the Zoning By-law for the property at 10-30 Dawes Road (the "Site") to permit two towers atop a shared base building comprising  residential, retail, office and day care uses (the "Application"). The north tall building would be 24 storeys, and the south tall building would be 41 storeys. Together, a total of 616 units are proposed with a total gross floor area of 47,469 square metres.

On November 6, 2020, the Applicant appealed the Application to the Local Planning Appeal Tribunal (the "LPAT") due to Council's failure to make a decision on the Application within the timeframe prescribed by the Planning Act. A case management conference ("CMC") has been scheduled for March 19, 2021.

This report recommends that the City Solicitor, with appropriate City Staff, attend the LPAT to oppose the Application. The proposal is not consistent with the Provincial Policy Statement, 2020, does not conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and does not conform to the City's Official Plan.