Item - 2023.EY2.7

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor and external experts to be retained at the direction of the City Solicitor, and appropriate City staff, to attend the Ontario Land Tribunal in opposition to the Official Plan and Zoning By-law Amendments application in their current form for the lands at 2157 Lake Shore Boulevard West 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 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, Engineering and Construction Services; and

c.The owner has entered into and registered in priority against title to the lands, to the satisfaction of the City Solicitor, an agreement pursuant to Section 37 of the Planning Act as it read the day before the More Homes, More Choice Act, 2019 came into force which secures facilities, services or matters to be provided with the development, to the satisfaction of the Chief Planning and Executive Director, City Planning.  

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 February 8, 2020, an Official Plan and Zoning By-law Amendments application was submitted to permit the development of a 13-storey hotel building with 154 suites and a ground floor restaurant at 2157 Lake Shore Boulevard West. The proposed hotel would be 41.9 metres in height (excluding mechanical penthouse) and includes 36 vehicle parking spaces on site. The total proposed gross floor area is approximately 7,632 square metres and the density is 9.69 times the area of the lot.

On August 19, 2022, the applicant appealed the Official Plan and Zoning By-law Amendments 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. The first Case Management Conference (CMC) was conducted on November 10, 2022. A second CMC is scheduled for March 7, 2023.

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.