Item - 2025.EY19.4

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 appeal of the Zoning By-law Amendment application for 99 Birmingham Street and 210 Islington Avenue and to continue discussions with the applicant to resolve outstanding issues.

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

a. The final form and content of the Zoning By-law Amendment is satisfactory to the Executive Director, Development Review, and the City Solicitor;

b. The owner or applicant, at their sole cost and expense, has submitted a revised Functional Servicing and Stormwater Management Report to demonstrate that the existing sanitary sewer system and watermain and any required improvements to them, have adequate capacity and supply to accommodate the development of the lands to the satisfaction of the Director, Engineering Review;

c. If the accepted Functional Servicing and Stormwater Management Report requires any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:

1. The owner or applicant has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, to support the development, in a financial secured agreement, all to the satisfaction of the Director, Engineering Review; or,

2. The required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted and satisfactory Functional Servicing and Stormwater Management Report are constructed and operational, all to the satisfaction to the Director, Engineering Review;

d. The owner has addressed all outstanding issues identified in the Engineering and Construction Services’ correspondence, dated June 28, 2024, to the satisfaction of the Director, Engineering Review;

e. The owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Review;

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

g. The submitted Compatibility/Mitigation Study and Roadway Traffic Noise Feasibility Assessment, both dated September 20, 2023, and prepared by Gradient Wind Engineering Inc. 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 Executive Director, Development Review; and

h. The owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the application, to the satisfaction of the General Manager of Parks, Forestry and Recreation.

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

On November 29, 2023, the applicant applied to amend the Zoning By-law to permit a 26-storey mixed-use tower with a six-storey base building containing a total of 352 dwelling units with retail uses at grade at 99 Birmingham Street and 210 Islington Avenue.

On October 18, 2024, 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 (CMC) has been scheduled for January 28, 2025. City staff require direction from City Council in advance of the CMC. A full OLT hearing has not been scheduled.

This report recommends that Council direct the City Solicitor, together with appropriate City staff, to attend the CMC and any future OLT hearing to oppose the application in its current form and to continue discussions with the applicant to resolve outstanding issues.