Item - 2023.NY4.5

North York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal ("OLT") in opposition to the current Application regarding the Zoning By-law Amendment appeal for the lands at 2451 Dufferin Street and to continue discussions with the Applicant in an attempt to resolve outstanding issues.

2. In the event that the OLT 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 final form and content of the draft Zoning By-law are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; 

b. the owner has satisfactorily addressed the matters in the Engineering and Construction Services Memorandum dated February 23, 2022, and the Transportation Services Memorandum dated February 25, 2022, and any outstanding issues arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application to the satisfaction of the General Manager, Transportation Services, and Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has submitted a Functional Servicing 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, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has made satisfactory arrangements with Engineering and Construction Services and entered 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;

e. 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;

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, where it has been 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 submitted architectural and landscape plans, revised sun / shadow and wind studies reflecting the proposal as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. the owner has, at its sole cost and expense facilitated the City undertaking a peer review of the submitted Noise and Vibration Assessment, and secured any recommended mitigation measures in the amending by-law, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

i. the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

j. the owner has submitted a methane gas investigation report and associated certified letter regarding the investigation of subsurface methane gas acceptable to, and to the satisfaction of the General Manager, Solid Waste Management Services;

k. the owner has addressed all outstanding issues raised by Urban Forestry and Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

l. the owner has submitted an updated complete Toronto Green Standards (TGS) Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning;

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

On December 31, 2021, a Zoning By-law Amendment application was submitted to permit a 20-storey mixed use building (65.3 metres, including 5.5 metre mechanical penthouse) containing 462 dwelling units and 706 square metres of commercial space on the ground floor. It was deemed complete on January 31, 2022.

On November 14, 2022, the Applicant appealed the application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 90-day time frame in the Planning Act. The first OLT Case Management Conference occurred on February 22, 2023. The appellant provided notice of the Case Management Conference in accordance with the OLT's directions. A second Case Management Conference has been scheduled for May 31, 2023.

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