Item - 2023.EY9.8

The Etobicoke York Community Council recommends that:

1. City Council refuse the applications for an Official Plan Amendment and Zoning By-law Amendment (Application No. 23 174322 WET 05 OZ) in their current form, for the lands municipally known as 5-15 Denarda Street.

2. In the event the applications are appealed to the Ontario Land Tribunal, City Council, pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Official Plan Amendment and Zoning By-law Amendment applications, to the satisfaction of the Chief Planner and Executive Director, City Planning and City Solicitor.

3. City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have filed an appeal to this decision of City Council’s intention to rely on subsections 22(8.1) and 34(11.0.0.1) of the Planning Act and the City Clerk shall provide notice to all prescribed persons or public bodies under subsections 22(8.2) and 34(11.0.0.2) of the Planning Act. 

4. City Council direct the City Clerk, should an appeal be filed, to notify the Ontario Land Tribunal of City Council’s intention pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, and that the Ontario Land Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials 75 days after the last day for filing a notice of appeal for these matters.

5. Should the Official Plan Amendment and Zoning By-law Amendment applications be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, Community Planning, Etobicoke York to bring forward a Decision Report - Approval to the Etobicoke York Community Council for a statutory public meeting as required under the Planning Act.

6. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

This report reviews and recommends refusal of the application to amend the Official Plan and Zoning By-law to permit a 44-storey building containing 509 dwelling units at 5-15 Denarda Street. The proposal does not have appropriate and supportable zoning standards, including the proposed tall building height, setbacks, tower stepbacks and resulting separation distances from neighbouring properties for the planned context of the block and the Mount Dennis area.

The proposed development is not consistent with the Provincial Policy Statement (2020), does not conform to the City's Official Plan, does not have appropriate regard for the Mount Dennis Secondary Plan, and does not meet the intent of the Tall Building Design Guidelines.