Item - 2023.NY2.3

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 Applications regarding the Official Plan and Zoning By-law Amendment, and Draft Plan of Subdivision appeal for the lands at 2402 - 2418 Dufferin Street and 4 - 10 Ramsden 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 appeals 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, and sun / shadow and wind studies to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the owner has addressed all outstanding issues related to the Official Plan Amendment application, Zoning By-law Amendment application, and Draft Plan of Subdivision application within the Engineering and Construction Services memorandum February 16, 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, including comments resulting from any future peer reviews to studies, to the satisfaction of the City and external commenting agencies;

d. the owner has submitted an updated Transportation Impact Study to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning;

e. the owner has submitted a revised Transportation 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;

f. 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;

g. 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;

h. the owner has provided a revised draft Plan of Subdivision to the satisfaction of the Chief Planner and the Executive Director, City Planning; and,

i. the Conditions of Draft Plan Approval respecting the proposed Plan of Subdivision are in a form acceptable to the Chief Planner and Executive Director, City Planning, prepared in consultation with the City Solicitor and appropriate Divisions.

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

On November 10, 2021, Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications were submitted to permit a 24-storey (76 metres high) mixed-use building and a 9-storey residential building (30 metres high) at 2402-2418 Dufferin Street and 4-10 Ramsden Road. Also proposed are a northerly extension to the existing municipal laneway within the site, and an on-site parkland dedication of 509.66 square metres at the southwest corner of the site. Site Plan Control and Rental Housing Demolition applications were submitted on November 10, 2021.

On August 2, 2022, the Applicant appealed the Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications to the Ontario Land Tribunal due to Council not making a decision within the prescribed time frames in the Planning Act.

This report recommends that the City Solicitor with the appropriate City staff attend the Ontario Land Tribunal hearing to oppose the applications in its current form and to continue discussions with the Applicant to resolve outstanding issues.