Item - 2023.NY1.2

North 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 Application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 3300 Dufferin Street 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 issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Official Plan Amendment and Zoning By-law Amendment are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has submitted revised architectural and landscape plans to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the owner has submitted revised sun/shadow and wind studies to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the owner has addressed all outstanding issues related to the Official Plan and Zoning By-law Amendment application within the Engineering and Construction Services memorandum dated March 10, 2022, or as may be updated, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and other issues in comments from City staff in other divisions, and external commenting agencies, to the satisfaction of the City and external commenting agencies;

e. the owner has submitted an updated Urban Transportation Considerations Report to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning;

f. the owner has submitted a revised Travel Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, and that such matters be secured if required;

g. the owner has provided a revised Functional Servicing and Stormwater Management Report to determine the storm water 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, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

h. the owner has provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the acceptable Functional Servicing Report and Stormwater Management Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development. In requiring any off site municipal infrastructure upgrades, the owner is to make satisfactory arrangements with Engineering and Construction Services for Work on the City's Right-of-Way;

i. the owner has confirmed from the City Solicitor that the implementation of the Functional Servicing Report and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services, does not require changes to the proposed amending Official Plan and Zoning By-law, or any such required changes have been made to the proposed amending Official Plan and Zoning By-law, to the satisfaction of the Chief Planner and Executive Director, City Planning;

j. the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10; and

k. the owner has addressed any issues resulting from the City's peer review of the Compatibility and Mitigation Studies (air quality, dust, odour, noise) prepared in support of the application by SLR Consulting (Canada) Ltd, dated December 1, 2021, to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. In the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges by-law, as may be amended from time to time.

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

On January 21, 2022, an Official Plan and Zoning By-law Amendment application was submitted to permit a 28-storey (91.36 metres, excluding mechanical penthouse) mixed-use building with 351 residential dwelling units and retail uses at grade (971 square metres), and 228 parking spaces in three underground levels. Also proposed are 416.9 square metres of Privately-Owned, Publicly Accessible Space at the northeast corner of the site, and 327.48 square metres of on-site parkland dedication on the southern portion of the site.

On July 28, 2022, the Applicant appealed the application to the Ontario Land Tribunal due to Council not making a decision within the 120-day time frame in the Planning Act.

This report recommends that the City Solicitor and appropriate City staff attend the Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.  The matters identified in this report will be further addressed as part of the Ontario Land Tribunal process and/or through revisions proposed by the applicant.