Item - 2024.EY12.4

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate City staff, to attend the Ontario Land Tribunal in opposition to the subject Zoning By-law Amendment in its current form for the lands at for 33-51 Walsh Avenue and 2717-2745 Weston Road.

2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address outstanding issues including but not limited to those outlined in this report.

3. If the Ontario Land Tribunal allows the subject appeals, in whole or part, City Council instruct the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

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

b. The owner has addressed all outstanding issues identified within the Engineering and Construction Services Part I – Re-zoning Application correspondence, dated November 22, 2023, or as revised, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services.

c. The owner has submitted a 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.

d. The owner has submitted a revised Traffic Impact Study to the satisfaction of the General Manager, Transportation Services, the Chief Engineer and Executive Director of Engineering and Construction Services and the Chief Planner and Executive Director, City Planning.

e. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management 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.

f. 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.

g. The owner has addressed all transportation related issues identified in Section A1.1 of the memorandum from Engineering and Construction Services, dated November 22, 2023, to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director of Engineering and Construction Services.

h. The owner has addressed all outstanding issues identified in the Toronto Transit Commission memorandum, dated October 11, 2022, to the satisfaction of the Chief Executive Officer, Toronto Transit Commission, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning.

i. The owner has submitted revised Landscape and Planting Plans to the satisfaction of the General Manager, Parks, Forestry and Recreation.

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

k. The owner has submitted an Energy Strategy Report to the satisfaction of the Executive Director, Environment and Climate Division.

l. The submitted Air Quality and Land Use Compatibility Assessment, and Transportation Noise and Vibration Assessment, both dated August 31, 2022 and authored by Gradient Wind Engineers and Scientists, have been peer reviewed by a third-party consultant retained by the City at the owner's expense to confirm there are no negative impacts on the proposed development or surrounding uses, and the owner agrees to implement any necessary air quality, noise, vibration or land use compatibility control measures and recommendations identified through 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.

m. The owner has submitted a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning.

4. City Council approve the acceptance of a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; and the development charge credit shall be in an amount that is the lesser of the cost to the applicant 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 the development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time-to-time.

5. City Council authorized the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

On September 22, 2022, applications for Zoning By-law Amendment and Site Plan Control approval were submitted to permit the construction of a mixed-use development with six towers with building heights ranging from 14 to 40 storeys, a public park at the corner of Walsh Avenue and Weston Road, in addition to 766 square metres of retail space at the base of the buildings proposed to front Weston Road. A total of 2,452 residential units are proposed.

On November 14, 2023, the applicant appealed the applications to the Ontario Land Tribunal ("OLT") due to Council's failure to make a decision within the timeframe prescribed under the Planning Act. A Case Management Conference occurred on February 6, 2024. A second Case Management Conference will occur on May 16, 2024 and a three week hearing has been scheduled to commence on February 3, 2025.

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