Item - 2021.EY26.4

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) in opposition to the current Application regarding the Official Plan Amendment and Zoning By-law Amendment appeals for the lands at 8-16 Locust Street and 15 Oxford Drive and to continue discussions with the Applicant in an attempt to resolve outstanding issues and report back on outcomes.

2. In the event that the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. The final form and content of the Official Plan and Zoning By-law Amendments are 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 accessible parking spaces in accordance with the supply and dimensional requirements in Section Number 200.15 of City of Toronto Zoning By-law 569-2013 as amended by By-law 579-2017 to the satisfaction of the General Manager, Transportation Services;

d. The owner has provided all regular parking spaces, accessible parking spaces, and a minimum of one (1) Type 'G' loading space for the project in accordance with the dimensional requirements noted in Zoning By-law 569-2013 to the satisfaction of the General Manager, Transportation Services;

e. The owner has submitted revised drawings illustrating the conveyance of lands required for the cul-de-sac satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning.

f. 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;

g. 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 Chief Engineer and Executive Director of Engineering and Construction Services.

h. 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;

i. 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;

j. 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;

k. 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;

l. The submitted revised Rail Safety Assessment, has been peer reviewed by a third-party 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 Rail Safety Assessment has been reviewed to the satisfaction of Metrolinx.

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 lands required for the cul-de-sac 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 May 8, 2020, Official Plan and Zoning By-law Amendment applications were submitted to permit a 35-storey residential building containing 372 dwelling units. The application includes the severance of a 1,217 m2 portion of 15 Oxford Drive and the reconfiguration of the terminus of Locust Street into a new cul-de-sac.

On May 17, 2021, the applicant appealed the Official Plan and Zoning By-Law Amendment to the Ontario Land Tribunal (OLT) (formerly Local Planning Appeal Tribunal) 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 was held on June 23, 2021. The Tribunal has set a 10-day hearing commencing on Monday, June 13, 2022.

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.