Item - 2023.EY7.8
Tracking Status
- City Council adopted this item on October 11, 2023 without amendments and without debate.
- This item was considered by the Etobicoke York Community Council on September 18, 2023 and adopted without amendment. It will be considered by City Council on October 11, 2023.
EY7.8 - 4195 and 4221 Dundas Street West and 556, 558, 560, 562 and 564 Prince Edward Drive North - Official Plan Amendment and Zoning By-law Amendment Applications - Appeal Report
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 3 - Etobicoke - Lakeshore
City Council Decision
City Council on October 11 and 12, 2023, adopted the following:
1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal to oppose the current applications regarding the Official Plan Amendment and Zoning By-law Amendment applications appeals for 4195 and 4221 Dundas Street West and 556, 558, 560, 562 and 564 Prince Edward Drive North, and to continue discussions with the applicant 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;
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 information to provide adequate room to operate the accessible ramp and ensure that there is adequate space for a full-size bus shelter on Dundas Street West at Prince Edward Drive North is located on the frontage of the site and makes required revisions to the satisfaction of the Manager, Technical Review, Toronto Transit Commission;
f. the Owner has submitted a revised Transportation Impact Study including Transportation Demand Management and all requested revisions to the study to the satisfaction of the General Manager, Transportation Services;
g. the Owner has submitted a revised Hydrological Review Report, Hydrological Review Summary Form, Servicing Report Groundwater Summary Form and Foundation Drainage Summary Form including all requested revisions to these studies to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
h. 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, Engineering and Construction 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 municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report and Traffic Impact Study accepted Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Transportation Services;
j. the Owner has addressed all the outstanding issues related to tree protection, injury and removals, tree planting and Toronto Green Standard raised by Urban Forestry, Tree Protection and Plan Review, to the satisfaction of the General Manager, Parks, Forestry and Recreation;
k. the Owner has provided an on-site parkland dedication in a size, location and configuration that is to the satisfaction of the General Manager, Parks, Forestry and Recreation;
l. 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 (Stage 3-4) to the satisfaction of the Chief Planner and Executive Director, City Planning; and
m. the Owner has satisfied the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding signage and warning clauses related to enrollment capacity.
3. Should it be determined that upgrades are required to 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, and the holding provision not to be lifted until such a 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 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.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2023/ey/bgrd/backgroundfile-238896.pdf
Communications (Community Council)
(September 8, 2023) E-mail from Adam Rodgers (EY.New)
EY7.8 - 4195 and 4221 Dundas Street West and 556, 558, 560, 562 and 564 Prince Edward Drive North - Official Plan Amendment and Zoning By-law Amendment Applications - Appeal Report
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 3 - Etobicoke - Lakeshore
Community Council Recommendations
The Etobicoke York Community Council recommends that:
1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal to oppose the current applications regarding the Official Plan Amendment and Zoning By-law Amendment applications appeals for 4195 and 4221 Dundas Street West and 556, 558, 560, 562 and 564 Prince Edward Drive North, and to continue discussions with the applicant 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;
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 information to provide adequate
room to operate the accessible ramp and ensure that there is adequate space for a full-size bus shelter on Dundas Street West at Prince Edward Drive North is located on the frontage of the site and makes required revisions to the satisfaction of the Manager, Technical Review, Toronto Transit Commission;
f. The owner has submitted a revised Transportation Impact Study including Transportation Demand Management (TDM) and all requested revisions to the study to the satisfaction of the General Manager, Transportation Services;
g. The owner has submitted a revised Hydrological Review Report, Hydrological Review Summary Form, Servicing Report Groundwater Summary Form and Foundation Drainage Summary Form including all requested revisions to these studies to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
h. 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, Engineering and Construction 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 municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report and Traffic Impact Study accepted Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Transportation Services;
j. The owner has addressed all the outstanding issues related to tree protection, injury and removals, tree planting and Toronto Green Standard raised by Urban Forestry, Tree Protection and Plan Review, to the satisfaction of the General Manager, Parks, Forestry and Recreation;
k. The owner has provided an on-site parkland dedication in a size, location and configuration that is to the satisfaction of the General Manager, Parks, Forestry and Recreation;
l. 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 (Stage 3-4) to the satisfaction of the Chief Planner and Executive Director, City Planning; and
m. The owner has satisfied the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding signage and warning clauses related to enrollment capacity.
3. Should it be determined that upgrades are required to 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, and the holding provision not to be lifted until such a 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 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.
Origin
Summary
On April 21, 2023, revised With Prejudice architectural drawings, which excluded a City-owned Emergency Medical Services building at 4219 Dundas Street West, were submitted by the applicant. The revised drawings altered the proposal to include mixed-use buildings containing two 14-storey towers on a six-storey base building, two nine-storey mid-rise residential buildings, and 19 townhouse units within three townhouse blocks. A total of 660 residential units are proposed.
The rezoning component of the applications was appealed to the Ontario Land Tribunal (OLT) on May 13, 2022, and the Official Plan Amendment component of the applications was appealed to the OLT on September 26, 2022. Both appeals cited City Council's failure to make a decision on the applications within the time period prescribed under the Planning Act. Case Management Conferences were held on October 3, 2022 and April 21, 2023 (OLT Case No. OLT-22-003838 and OLT-22-004571). The next Case Management Conference is scheduled for October 24, 2023.
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.
Background Information
https://www.toronto.ca/legdocs/mmis/2023/ey/bgrd/backgroundfile-238896.pdf
Communications
(September 8, 2023) E-mail from Adam Rodgers (EY.New)
Speakers
Adam Rodgers