Item - 2021.EY26.3

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal hearing to oppose the appeal respecting the Zoning By-law Amendment application (File 19 254711 WET 05 OZ), as proposed for the lands at 1821-1823 and 1831 Weston Road, and to continue discussions with the Applicant in an attempt to resolve outstanding issues and report back on outcomes of such discussions as appropriate.

2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises the Tribunal that:

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

b. The owner has provided a revised Transportation Impact Study including a revised Parking Justification, satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning;

c. The owner has provided dimensions for all parking spaces and parking aisles complying with the minimum dimensional requirements, as per Section Numbers. 200.5.1 and 200.5.1.10 of City of Toronto By-law 569-2013  to the satisfaction of the General Manager, Transportation Services;

d. The owner has provided accessible parking spaces in accordance with the supply and dimensional requirements of City of Toronto Zoning By-law 579-2017 to the satisfaction of the General Manager, Transportation Services;

e. The owner has provided one shared-use Type 'G' loading space for the proposed mixed-use development and each required loading space providing minimum dimensions as per Section Number 220.5.1.10 of City of Toronto Zoning By-law 569-2013 to the satisfaction of the General Manager, Transportation Services;

f. The owner has entered into an appropriate agreement with the City introducing, at no cost to the City, any ultimately-approved traffic control signal timing adjustments and additional phases, including any hardware modifications, required at the signalised intersections in the immediate vicinity of the site to facilitate forecast traffic from the subject development, which shall be completed to the satisfaction of the General Manager, Transportation Services.

The following definitions have been included in the zoning by-law amendment for this development:

- Car-share means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organization and where such an organization may require that use of cars be reserved in advance, charge fees based on time and/or kilometres driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable; and

- Car-share parking space means a parking space that is reserved and actively used for car-sharing.

g. The owner has submitted a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this 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, Engineering and Construction Services;

h. The owner has made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate agreement with the City for the design and construction of the cul-de-sac and any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report and Traffic Impact Study accepted by the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services.

i. The owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 68-10, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

j. The owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment applications, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

k. The owner has submitted a revised Landscape Plan and/or Tree Inventory and Preservation Plan Report and that Tree Preservation matters are resolved to the satisfaction of the General Manager, Parks, Forestry and Recreation;

l. The submitted Noise and Vibration Feasibility Study, has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

m. The submitted Derailment Protection Report, has been peer reviewed by a third-party consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

n. The owner has provided a revised Pedestrian Level Wind Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning.

o. The owner has provided information regarding the current number and type of rental units on the land and, if required, has addressed all rental replacement requirements in accordance with the Official Plan and City standards to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

p. Community benefits and other matters in support of the development have been secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. In the event the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allows the appeal in whole or in part, City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act securing the following as matters required to support the development:  

a. The owner shall enter into an agreement to convey a road widening along the frontage of the property on Weston Road to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor;

b. The owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time; and

c. The owner shall satisfy the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues.

4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the foregoing.

On November 28, 2019, a Zoning By-law Amendment application was submitted to permit a 38-storey (124.7 m in height, including the mechanical penthouse) mixed-use building including a 6-storey podium and containing 446 dwelling units and 427 m2 of non-residential floor area. The application proposes to amend the former City of York Zoning By-law 1-83 and City-wide Zoning By-law 569-2013 to establish zoning standards to facilitate the development of the proposal.

On April 19, 2021, the applicant appealed the Zoning By-Law Amendment application to the Ontario Land Tribunal (OLT) (formerly the Local Planning Appeal Tribunal), citing City Council's failure to make a decision on the application within the prescribed timelines of the Planning Act.  A Case Management Conference (CMC) for the Zoning By-law Amendment appeal is scheduled for September 7, 2021.

This report recommends that City Council direct the City Solicitor, together with appropriate City staff, to oppose the current proposal at the OLT and continue discussions with the Applicant to resolve outstanding issues.