Item - 2023.EY2.4

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan Amendment and Zoning By-law Amendment appeals for the lands at 11, 13, 15, 17, 19, 21 and 23 Hollis Street and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

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

c. The owner has submitted revised drawings illustrating the conveyance of lands required for the cul-de-sac satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning;

d. The submitted Noise and Vibration Feasibility Study, has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. The submitted revised Rail Safety Assessment, has been peer reviewed by a third-party retained by the City at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. The owner has submitted additional information requested and has addressed all outstanding issues raised by Metrolinx as they relate to the Official Plan and Zoning By-law Amendments application, to the satisfaction of Metrolinx;

g. The owner has submitted a revised Transportation Impact Study including a revised Parking Justification, provision of all regular and accessible parking spaces and provision of the Type 'G' loading space in accordance with the supply and dimensional requirements of Zoning By-law 569-2013 to the satisfaction of the General Manager, Transportation Services;

h. The owner has submitted a revised Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this 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 of Engineering and Construction Services;

i. The owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendments application, to the satisfaction of the General Manager of Parks, Forestry and Recreation.

3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study, City Council direct the City Solicitor and appropriate City staff to request that a Holding provision (H) be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Transportation Services.

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

On October 13, 2021, an Official Plan and Zoning By-law Amendments application were submitted to permit a residential development at 15, 17, 19, 21 and 23 Hollis Street. On May 18, 2022, revised Official Plan and Zoning By-law Amendments application was submitted which expanded the site to include 11 and 13 Hollis Street and altered the proposal to a 45-storey residential building containing 596 dwelling units. The application includes the reconfiguration of the terminus of Hollis Street into a new cul-de-sac.

On August 18, 2022, the applicant appealed the Official Plan and Zoning By-law Amendments to the Ontario Land Tribunal (OLT) citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act. A Case Management Conference was held on November 23, 2022 (OLT Case No. OLT-22-004314). A five-day hearing has been scheduled to start on June 5, 2023.

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