Item - 2024.EY12.3

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 appeal for 1 York Gate Boulevard, and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. In the event 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 Order(s) be withheld until such time as the City Solicitor advises that:

a. The final 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 provided a revised Functional Servicing and Stormwater Management Report to determine the stormwater runoff, sanitary flow, and water supply demand resulting from the proposed 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 of Engineering and Construction Services;

c. The owner has provided a revised Transportation Impact Study including a Transportation Demand Management Plan, to the satisfaction of the General Manager, Transportation Services;

d. The owner has made arrangements with the City and has entered into the appropriate agreement(s) 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 revised Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services, and Transportation Impact Study accepted by the General Manager, Transportation Services;

e. The owner has submitted a revised Hydrological Assessment Report and Hydrological Review Summary Form, Servicing Report Groundwater Summary Form, and Foundation Drainage Summary Form to determine the quality and quantity of groundwater that may be required to be discharged to the City sewage works as a result to of a proposed development and comply with Foundation Drainage Policy and guidelines to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and the General Manager, Toronto Water;

f. The owner has provided a revised Pedestrian Level Wind Study including a Wind Tunnel Study, to the satisfaction of the Chief Planner and Executive Director, City Planning;

g. The owner has provided a revised Sun/Shadow Study, to the satisfaction of the Chief Planner and Executive Director, City Planning; and,

h. The submitted Compatibility/Mitigation Studies, including the Air Quality Study, dated February 11, 2022, prepared by RWDI AIR Inc., and the Noise Impact Study, dated February 10, 2022, prepared by LEA, have been peer reviewed by a third-party consultant retained by the City at the owner's expense, and the owner agrees to implement any necessary control measures and recommendations identified by the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

On February 23, 2022, an application was submitted to amend the city-wide Zoning By-law (569-2013) and former North York Zoning By-law 7625 for the northwest portion of the lands municipally known as 1 York Gate Boulevard (Yorkgate Mall). The application proposes to construct a 22-storey residential rental building with a gross floor area of 17,930 square metres and 294 dwelling units. A total of 147 vehicular surface parking spaces are proposed along with 57 bicycle parking spaces on the ground floor of the building.

On March 29, 2022, a Site Plan Control application was submitted for the proposed development.

On September 22, 2023, the applicant appealed the Zoning By-law Amendment and Site Plan Control applications to the Ontario Land Tribunal (OLT) citing City Council's failure to make a decision on the applications within the time period prescribed under the Planning Act. A Case Management Conference (CMC) was held on January 22, 2024. City staff require direction from City Council in advance of the next Case Management Conference scheduled for May 6, 2024. An Ontario Land Tribunal hearing has not been scheduled at this time.

This report recommends that Council direct the City Solicitor, together with appropriate City staff, to attend the Case Management Conference and any future Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the applicant in an attempt to resolve outstanding issues.