Item - 2023.EY3.4

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 applications regarding the Official Plan Amendment and Zoning By-law Amendment appeals for the lands at 4195, 4219 and 4221 Dundas Street West and 556, 558, 560, 562 and 564 Prince Edward Drive North, 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 appeals, 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 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 owner has submitted requested information and makes required revisions to the satisfaction of the Manager of Technical Review, Toronto Transit Commission;

f. The owner has submitted a revised Transportation Impact Study including all requested revisions to the satisfaction of the General Manager, Transportation Services;

g. The owner has submitted a revised Functional Servicing Report to determine the stormwater 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;

h. The owner makes satisfactory arrangements with Engineering and Construction Services and enters into the appropriate agreement with the City 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 this development, according to the Functional Servicing Report accepted by 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; and

j. The owner has retained a consultant archaeologist, licensed by the Ministry of Citizenship and Multiculturalism, under the provisions of the Ontario Heritage Act (R.S.O 1990 as amended), to carry out a Stage 2 archaeological resource assessment of the property and follow through on recommendations to mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found (i.e., Stage 3-4) to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

k. The owner has addressed all outstanding issues regarding the on-site parkland dedication location and configuration raised by Parks Development, 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 of 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 March 17, 2016, a Zoning By-law Amendment application was submitted for a residential development at 4195 Dundas Street West to permit an eight-storey mixed-use building containing 166 dwelling units and 7,215 square metres of commercial floor space on the first two levels of the proposed building.

On May 16, 2022, a revised Zoning By-law Amendment application was submitted, which expanded the site to include 4219 and 4221 Dundas Street West and 556, 558, 560, 562 and 564 Prince Edward Drive North. The revised Zoning By-law Amendment application altered the proposal to a mixed-use building containing three 18-storey towers (61.4 metres excluding mechanical penthouse of approximately 4.8 metres) connected by eight-storey base buildings, a 10-storey (34.75 metres excluding mechanical penthouse) mid-rise residential building, and 14 townhouse units within three townhouse blocks. A total of 699 residential units with a gross floor area of 72,619 square metres and 677 parking spaces are proposed.

In addition to the resubmission of the rezoning application, an Official Plan Amendment application was submitted on May 19, 2022, to redesignate part of the site from Neighbourhoods to Mixed Use Areas.

On May 13, 2022, the applicant appealed the Zoning By-law Amendment 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 October 3, 2022 (OLT Case No. OLT-22-003838 and OLT-22-004571). The next Case Management Conference is scheduled for February 21, 2023.

On September 26, 2022, the applicant appealed the Official Plan Amendment to the OLT citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act.

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

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.