Item - 2022.EY32.3

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 for the Zoning By-law Amendment appeal for 4174 Dundas Street West in opposition to the application in its current form, 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 authorize the City Solicitor to request that the issuance of any final Order be withheld until such time as the City Solicitor advises that:

a. An Official Plan Amendment is submitted, the final form and content of which is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

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

c. The proposed Zoning By-law Amendments includes the existing holding ("H") conditions identified in Section 4(i) of Zoning By-law 717-2006, as amended, on the site, including revisions as required, with the hold symbol not to be lifted until City Council is satisfied as to the availability of all road improvements, infrastructure, servicing and school capacity, to accommodate the proposed development;

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

e. The owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services;

f. 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 and Geotechnical Reports  and accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the Traffic Impact Study accepted by the General Manager, Transportation Services;

g. The owner has provided loading spaces, parking spaces and accessible parking spaces, as well as drive aisle widths and turning radii, 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;

h. The owner has provided a revised Arborist Report, Tree Inventory and Preservation Plan, Landscape Plan, and 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;

i. The owner has addressed all outstanding issues raised by Urban Forestry, Ravine and Natural Feature Protection as they relate to the Zoning By-law Amendment application, to the satisfaction of the Manager, Ravine and Natural Feature Protection;

j. The owner has satisfied the requirements of the Toronto and Region Conservation Authority regarding requested revisions to reports;

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

l. The owner revises the draft Zoning By-law Amendments to rezone the lands located below the long-term stable top-of bank and the buffer zone lands located within 10 metres of the top-of-bank as Open Space-Natural Zone, and revises plans to show a three metre building setback to the future Open Space-Natural zoned lands, to the satisfaction of Toronto and Region Conservation Area and the Chief Planner and Executive Director, City Planning.

3. Prior to Site Plan Approval, the owner prepare all documents and convey a 0.4-metre road widening along the frontage of the property on Dundas Street West, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor.

4. Prior to the issuance of the first above-grade building permit, the owner convey all lands below the proposed top of bank and a 10-metre buffer adjoining the top of bank to the Toronto and Region Conservation Area, to the satisfaction of the Toronto and Region Conservation Area, the Chief Planner and Executive Director, City Planning and the City Solicitor.

5. Staff schedule a Community Information Meeting for the application located at 4174 Dundas Street West together with the Ward Councillor and with the participation of the applicant.

6. 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.

7. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On August 31, 2021, a Zoning By-law Amendment application was submitted by Dunpar Homes to permit a 15-storey (50.5 metres, excluding mechanical penthouse) residential building at 4174 Dundas Street West. A total of 117 units are proposed with a gross floor area of 13,193 square metres and a density of 6.41 times the area of the lot.

On December 23, 2021, the applicant appealed the application to the Ontario Land Tribunal (OLT) due to City Council not making a decision on the application within the prescribed timeframe of the Planning Act. A Case Management Conference (CMC) has not been scheduled as of the date of this report.

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