Item - 2020.TE16.8
Tracking Status
- City Council adopted this item on July 28, 2020 without amendments.
- This item was considered by the Toronto and East York Community Council on July 16, 2020 and adopted without amendment. It will be considered by City Council on July 28, 2020.
TE16.8 - 900 Dufferin Street - Official Plan Amendment and Zoning By-law Amendment - Request for Direction Report
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 9 - Davenport
City Council Decision
City Council on July 28 and 29, 2020, adopted the following:
1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Local Planning Appeal Tribunal hearing to oppose the Official Plan and Zoning By-law Amendment (19 184841 STE 09 OZ) applications in their current form.
2. City Council direct City Staff to continue to discussions with the applicant in an attempt to resolve the outstanding matters as identified in the report (June 25, 2020) from the Director, Community Planning, Toronto and East York District and require the applicant submit a Master Plan for the entire Dufferin Mall lands to address matters such as public streets, building placement and location, parks and open space, community services and facilities, and other matters as identified in the report (June 25, 2020) from the Director, Community Planning, Toronto and East York District.
3. In the event the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order on the Official Plan and Zoning By-law Amendments until:
a. draft Official Plan and Zoning By-law Amendments are provided in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. the owner has entered into a Section 37 Agreement with the City that has been executed and registered on title to the property, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor securing such community benefits to be provided under the authority of Section 37 of the Planning Act;
c. the owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Storm Water Management Report and Hydro-geological Report (the “Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;
d. the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending By-law or any such required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services;
e. the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development are secured, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; and
f. the owner has submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services.
4. Should the Local Planning Appeal Tribunal approve the applications, City Council direct the City Solicitor to advise the Local Planning Appeal Tribunal that the Zoning By-law should not be approved without the provision of such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be considered appropriate by the Chief Planner and Executive Director, City Planning, in consultation with the applicant and the Ward Councillor.
5. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-148522.pdf
Communications (Community Council)
(July 14, 2020) Letter from Emily Paradis and Maggie Hutcheson Co-chairs, Build A Better Bloor Dufferin (TE.Supp.TE16.8.2)
https://www.toronto.ca/legdocs/mmis/2020/te/comm/communicationfile-111308.pdf
(June 8, 2020) Letter from David Tang, Miller Thomson LLP (TE.New.TE16.8.3)
https://www.toronto.ca/legdocs/mmis/2020/te/comm/communicationfile-111628.pdf
Motions (City Council)
TE16.8 - 900 Dufferin Street - Official Plan Amendment and Zoning By-law Amendment - Request for Direction Report
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 9 - Davenport
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Local Planning Appeal Tribunal hearing to oppose the Official Plan and Zoning By-law Amendment (19 184841 STE 09 OZ) applications in their current form.
2. City Council direct City Staff to continue to discussions with the applicant in an attempt to resolve the outstanding matters as identified in this report and require the applicant submit a Master Plan for the entire Dufferin Mall lands to address matters such as public streets, building placement and location, parks and open space, community services and facilities, and other matters as identified in the report (June 25, 2020) from the Director, Community Planning, Toronto and East York District.
3. In the event the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order on the Official Plan and Zoning By-law Amendments until:
a. draft Official Plan and Zoning By-law Amendments are provided in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. the owner has entered into a Section 37 agreement with the City that has been executed, and registered on title to the property all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor securing such community benefits to be provided under the authority of Section 37 of the Planning Act;
c. the owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Storm Water Management Report and Hydro-geological Report (the “Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;
d. the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending By-law or any such required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services;
e. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; and
f. the owner has submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services.
4. Should the Local Planning Appeal Tribunal approve the applications, City Council direct the City Solicitor to advise the Local Planning Appeal Tribunal that the zoning by-law should not be approved without the provision of such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be considered appropriate by the Chief Planner and Executive Director, City Planning in consultation with the applicant and the Ward Councillor.
5. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement the recommendations above.
Origin
Summary
This Official Plan and Zoning By-law Amendment application proposes a large-scale redevelopment of the north end of the Dufferin Mall property, comprised of four towers (ranging from 14 storeys to 39 storeys) within two development blocks, a new private street and a public park. The application includes 1,135 dwelling units, all which of are proposed to be rental in tenure. A total of 736 parking spaces (329 residential and 407 commercial) will be provided within three levels of underground parking, which extends beneath the entire site and connects to the existing parking garage for the mall.
The application was deemed complete on July 8, 2019. Both the Official Plan and Zoning By-law amendment applications were appealed to the Local Planning Appeal Tribunal (the "LPAT") on February 7, 2020 due to the City's failure to make a decision within the prescribed time period set out in the Planning Act. The case management conference was scheduled for April 17, 2020, and was subsequently adjourned by the LPAT due to the provincial Emergency Order pursuant to Ontario Regulation 73/20.
This report recommends that the City Solicitor, together with City Planning staff, and other appropriate City staff, attend the LPAT in opposition to the current proposal. As proposed, the application is not consistent with the Provincial Policy Statement (2020), does not conform to the Growth Plan (2019), and does not conform to the City’s Official Plan. Staff are recommending that discussions continue with the applicant to resolve the issues identified in this report and the working group process initiated by the local Ward Councillor.
Background Information
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-148522.pdf
Communications
(July 14, 2020) Letter from Emily Paradis and Maggie Hutcheson Co-chairs, Build A Better Bloor Dufferin (TE.Supp.TE16.8.2)
https://www.toronto.ca/legdocs/mmis/2020/te/comm/communicationfile-111308.pdf
(June 8, 2020) Letter from David Tang, Miller Thomson LLP (TE.New.TE16.8.3)
https://www.toronto.ca/legdocs/mmis/2020/te/comm/communicationfile-111628.pdf