Item - 2024.EY12.6

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 Zoning By-law Amendment application appeal for 630 The East Mall, and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. If the Ontario Land Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request that the issuance of a final Order 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 submitted a revised Transportation Impact Study including all requested revisions to the satisfaction of the General Manager, Transportation Services;

c. The owner has addressed all outstanding issues identified within the Engineering and Construction Services correspondence, dated November 15, 2023, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

d. The owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services, and such report shall determine the stormwater runoff, 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;

e. The owner has submitted a revised Hydrological Assessment Report, 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 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 addressed all outstanding issues raised by Urban Forestry noted in correspondence, dated November 16, 2023, including the need for an updated Landscape Plan, Planting Plan and Soil Volume Plan, to the satisfaction of the General Manager of Parks, Forestry and Recreation;

g. The Noise and Vibration Report has been peer reviewed at the cost of the applicant and any required revisions resulting from this study have been made to the proposal to the satisfaction of the Chief Planner and Director, City Planning;

h. The Air Quality Study has been peer reviewed at the cost of the applicant and any required revisions resulting from this study have been made to the proposal to the satisfaction of the Chief Planner and Director, City Planning; and,

i. The owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of 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 Transportation Impact Study and/or the accepted Functional Servicing and Stormwater Management Report, 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 is not to be lifted until such 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, 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 November 10, 2022, a Zoning By-law Amendment application was submitted and subsequently revised on October 11, 2023 to permit the development of two residential buildings. One building would contain two 24-storey towers with a nine-storey base building while the other would be a 12-storey building. In total, the proposed development would comprise 839 dwelling units and a gross floor area of 53,356.8 square metres.

On December 1, 2023, the applicant appealed the application to the Ontario Land Tribunal (OLT) citing City Council's failure to make a decision on the application within the prescribed time frame set out in the Planning Act. A Case Management Conference has been scheduled for March 20, 2024.

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