Item - 2022.EY33.14

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 Official Plan Amendment and Zoning By-law Amendment application (File 21 211444 WET 07 OZ) as proposed for the lands at 15, 19, 21 and 23 Toryork Drive in the current form.

2. City Council direct the City Solicitor to seek instruction from the Chief Planner and Executive Director, City Planning pursuant to Chapter 415-18.1 of the Toronto Municipal Code, as amended, for the purpose of attendance at the Ontario Land Tribunal with respect to the proposed Draft Plan of Subdivision (File 21 211446 WET 07 SB) for the lands at 15, 19, 21 and 23 Toryork Drive and appropriate conditions of subdivision approval, including conditions relating to site servicing and dedication of public streets.

3. City Council authorize City staff to continue discussions with the applicant to negotiate an appropriate development proposal for the lands at 15, 19, 21 and 23 Toryork Drive which addresses the issues set out in this report and direct the City Solicitor to report back to City Council with any settlement proposal arising from the discussions.

4. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council direct that the full on-site parkland dedication pursuant to Section 42 of the Planning Act be required and is conveyed and constructed to base park condition at no cost to the City, all to the satisfaction of the General Manager, Parks, Forestry and Recreation.

5. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the development charge credit shall be in an amount that is the lesser of the cost to the owner for designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks, and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

6. 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 Official Plan Amendment 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 Amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

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

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

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

f. The owner has provided a revised Land Use Compatibility Study, Noise Impact Study, and Vibration Study, such reports to be peer reviewed by a third party consultant on behalf of the City and at the owner's expense, with recommendations to be implemented as part of the amending Zoning By-laws and/or secured in a development agreement, 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, Hydrological Report, Geotechnical Report and Transportation Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

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; and

i. Where applicable community benefits and other matters in support of the development are to be secured in a Section 37 Agreement executed by the owner registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including the following:

1. 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 from time to time, to the satisfaction of the Chief Planner and Executive Director, City Planning; the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, and consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan control application for the development; and

2. The owner shall satisfy applicable signage requirements of the Toronto District School Board and the Toronto Catholic District School Board and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation.

7. In the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its Order approving the Draft Plan of Subdivision until the City and the owner present the Ontario Land Tribunal with Draft Plan of Subdivision Conditions to address the technical requirements of the development including among others, the construction of streets and services, tree protection, tree planting and grading as determined by the Chief Planner and Executive Director, City Planning.

On September 12, 2021, an application was submitted to amend the Emery Village Secondary Plan, the former City of North York Zoning By-law 7623 and city-wide Zoning By-law 569-2013 for the lands located at 15, 19, 21 and 23 Toryork Drive. The application proposes to permit one residential building with a height of 29 storeys, and three mixed-use buildings with heights of 27, 36 and 38 storeys. The proposal would result in a total gross floor area of 97,000 square metres consisting of 1,177 residential units and 870 square metres of non-residential gross floor area. The proposal would also result in an on-site parkland dedication of 1,630 square metres and a privately owned publicly-accessible space of 613 square metres.

In addition to the Official Plan and Zoning By-law amendment application, a Draft Plan of Subdivision application was submitted to create four blocks and to establish a public street to implement the proposal.

The proposed development does not conform to the built form policies of the Emery Village Secondary Plan. As such, it is not consistent with the Provincial Policy Statement (2020) and does not conform with the Growth Plan for the Greater Golden Horseshoe (2020).

On March 16, 2022, the combined Official Plan and Zoning By-law amendment application and the Draft Plan of Subdivision application were appealed to the Ontario Land Tribunal (OLT) by the applicant pursuant to Sections 22(7), 34(11) and 51(34) of the Planning Act, citing City Council's failure to make a decision within the prescribed timelines after the applications were deemed complete.

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