Item - 2023.EY2.6

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 Zoning By-law Amendment appeal for the lands at 351, 353, 355, 357, 359, 361, 363, and 365 Royal York Road 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 Zoning By-law Amendments are to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning;

b. The owner has resolved all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;

c. The owner has provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the acceptable Functional Servicing Report and Stormwater Management Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development;

d. The owner has 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 General Manager, Parks, Forestry and Recreation;

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

f. The submitted Noise Feasibility Assessment and Compatibility/Mitigation Study has been peer reviewed by a qualified third-party consultant retained by the City at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

On August 11, 2021, a Zoning By-law Amendment application was submitted to permit the development of an 11-storey residential building (the 11th storey contains only a small indoor amenity area at mechanical penthouse level), 39.6 metres in height including mechanical penthouse, with 282 dwelling units at 351, 353, 355, 357, 359, 361, 363, and 365 Royal York Road. The existing eight detached dwellings and associated garages were proposed to be demolished. The proposal included 206 vehicle parking spaces in two levels of underground parking and 288 bicycle parking spaces. The total proposed gross floor area is 20,525 square metres, resulting in a floor space index of 5.32 times the area of the lot.

On June 9, 2022, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the prescribed time frames set out in the Planning Act.

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