Item - 2023.EY7.6

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 Zoning By-law Amendment application appeal for 159 and 161-181 Mulock Avenue and 6 Lloyd Avenue, 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 issuance of any final Order(s) be withheld until such time as the City Solicitor advises that:

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

b. The owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required;

c. The owner has submitted a revised Hydrological Review Report, Servicing Report Groundwater Summary Form and Hydrological Review Summary Form to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

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

e. The owner has submitted revised drawings illustrating the conveyance of lands required by the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning;

f. The owner has submitted revised Noise and Vibration Feasibility Study and a Rail Safety Study, to be peer reviewed by consultants retained by the City at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

g. The owner shall, at the owner's own expense, initiate the Metrolinx Deviation Process with Metrolinx and Metrolinx's Technical Advisor AECOM, and the owner has submitted requested information and makes required revisions noted in correspondence, dated July 17, 2023, from Metrolinx, to the satisfaction of the Manager, Technical Review, Metrolinx;

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

i. 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, Engineering and Construction Services and Traffic Impact Study accepted by the General Manager, Transportation Services;

j. The owner has addressed all outstanding issues raised by Urban Forestry noted in correspondence, dated July 6, 2023, including the need for an updated Arborist Report and Landscape Plan, to the satisfaction of the General Manager of Parks, Forestry and Recreation; and

k. The owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Chief Planner 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 the Holding Provision be included in the final form of the site-specific Zoning By-law Amendment, and the Holding Provision 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.

On July 14, 2021, City Council conditionally approved a Zoning By-law Amendment to permit two residential buildings with heights of 15 and 17 storeys, containing 535 dwelling units, one office building with a height of eight storeys and an 868 square metre public park at 159 and 161-181 Mulock Avenue and 6 Lloyd Avenue.

On November 4, 2022, the applicant appealed the Zoning By-law Amendment application 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.  Two Case Management Conferences were held on February 16, 2023 and June 1, 2023 (OLT Case No. OLT-22-004660). The OLT hearing date has not been scheduled.

On May 19, 2023, the City received a With Prejudice revised proposal for two residential buildings with heights of 44 and 31 storeys containing 1102 dwelling units, one office building with a height of eight storeys and an 842 square metre public park on the southwest portion of the site.

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