Item - 2024.EY10.3

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 application regarding the Zoning By-law Amendment appeal for 251-285 The West Mall Road, 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 issuance of any final Order(s) be withheld until such time as the City Solicitor advises that:

a. The form and content of the Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. The owner has addressed all outstanding issues identified within the Engineering and Construction Services correspondence, dated September 21, 2022, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. The owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required;

d. The owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the Zoning By-law and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. The owner has submitted a Noise and Vibration Study, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. The owner has submitted a revised Transportation Impact Study including all requested revisions to the satisfaction of the General Manager, Transportation Services;

g. The owner has addressed and accommodated the required road widening and turn basin, noted in correspondence, dated December 8, 2023, to the satisfaction of the General Manager of Transportation Services;

h. The owner has provided an on-site parkland dedication in a size, location and configuration with appropriate setbacks that is to the satisfaction of the General Manager, Parks, Forestry and Recreation;

i. The owner has addressed all outstanding issues raised by Urban Forestry noted in correspondence, dated September 22, 2022, including the need for an updated Arborist Report, Landscape Plan, Planting Plan and Soil Volume Plan, to the satisfaction of the General Manager of Parks, Forestry and Recreation;

j. The owner has submitted a revised Illumination Plan, as noted in correspondence, dated September 20, 2023, to the satisfaction of the Manager, Ministry of Transportation and Chief Planner and Executive Director, City Planning;

k. The owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Chief Planner and Executive Director, City Planning;

l. The owner has submitted and updated Energy Strategy Report to the satisfaction of the Executive Director, Environment and Climate; and

m. City Council has approved the Rental Housing Demolition Application (Application No. 22 195513 WET 02 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 and, should City Council authorize the demolition, that the applicant has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act securing the replacement of the existing rental dwelling units, including unit mix, size and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. Should it be determined that upgrades are required to the 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 the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and General Manager, Transportation Services.

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

On July 22, 2022, a Zoning By-law Amendment application was received for a proposed residential development including three 13-storey buildings at 251-285 The West Mall Road. The proposal would have a total gross floor area of approximately 47,432 square metres and consist of 610 residential apartment units (including 66 rental replacement units). A Rental Housing Demolition Application was also submitted to demolish the existing 66 rental units.

On August 1, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act. A Case Management Conference was held on November 9, 2023 (OLT Case No. OLT-23-000792). The Ontario Land Tribunal hearing date has not been scheduled.

This report recommends that Council direct the City Solicitor, together with appropriate City staff, to attend the Ontario Land Tribunal hearing to oppose the proposal in its current form and continue discussions with the applicant to resolve outstanding issues.