Item - 2023.EY4.1

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate staff to attend the Ontario Land Tribunal in opposition to the Zoning By-law Amendment application in its current form for the lands at 1736-1746 Weston 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 a final Order until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

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

b.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;

c. The Noise and Vibration Report has been peer reviewed at the cost of the applicant and the report has been revised to the satisfaction of the Chief Planner and Director, City Planning;

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

e. The form and content of Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

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 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 of 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 7, 2022, a Zoning By-law Amendment application was submitted to permit a 25-storey mixed-use development containing 253 dwelling units and 472 square metres of non-residential floor area.

On November 24, 2022, the applicant appealed the application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the prescribed time frame set out in the Planning Act. A Case Management Conference has been scheduled for March 31, 2023.  

On February 8, 2023, the applicant provided a With Prejudice resubmission of the application to permit a 40-storey mixed-use development containing 446 residential units and 444 square metres of non-residential floor area.

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