Item - 2021.TE28.6

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 Ontario Land Tribunal hearing to oppose the Zoning By-law Amendment and Site Plan Control Application for 3194-3206 Dundas Street West (20 123671 STE 04 OZ and 21 136657 STE 04 SA) and to continue discussions with the Applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land 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. Draft 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 provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law amendment; and

c. a final list of Pre-Approval and Post-Approval Conditions have been provided by City Staff for the application for Site Plan Control, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement the recommendations above.

On March 9, 2020, a Zoning By-law Amendment application was submitted for an 8 storey mixed use building with 89 dwelling units at the properties known as 3194 - 3206 Dundas Street West ("the Site"). On April 7, 2021, an application for Site Plan Control was also submitted for the site.

On May 6, 2021 the Applicant appealed the application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 90-day time frame in the Planning Act. On June 10, 2021, the application for Site Plan Control was also appealed to the OLT due to the City's failure to make a decision on the application within the prescribed time period set out in the Planning Act.

This report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing to oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.