Request for Direction Report - Zoning By-law Amendment Application - 2450 Victoria Park Avenue

A new 2,915 m2 on-site public park and two new east-west private roads are also proposed as part of the application. The existing seven-storey (7,755 m2) office building is proposed to be demolished. The applicant appealed the Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT) citing City Council's failure to make a decision within the prescribed time frames set out in the Planning Act. The appeal was filed on March 23, 2018 and is considered a "legacy" appeal under the transition regulations of the LPAT Act. The purpose of this report is to seek City Council's direction for the City Solicitor, together with appropriate City staff, to attend the LPAT hearing to oppose the application in its current form, as staff have concerns with the development application including the appropriate amount of non-residential use replacement, density, height, massing and building scale. The proposal is not in keeping with the Council approved policy direction for the ConsumersNext Secondary Plan Area. This report also recommends that the City Solicitor and appropriate City staff be authorized to continue discussions with the applicant in an effort to address the issues outlined in this report.

3. 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-laws 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 Ward Councillor. 4. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of its final Order on the Zoning By-law Amendment appeal for the subject lands until such time as: a. the owner has provided draft by-laws to the Local Planning Appeal Tribunal in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner enter into an agreement with the City, pursuant to Section 37 of the Planning Act, to secure services, facilities or matters as may be required to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the local Councillor; c. the owner has submitted a revised Transportation Impact Study, a revised Functional Servicing Report and a revised Stormwater Management Report, all to the satisfaction of the Chief Engineer and the Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services; d. a peer review of the submitted Environmental Noise Assessment Report has been undertaken, at the expense of the applicant, to the satisfaction of the Chief Planner and Executive Director, City Planning and any recommended mitigation measures are included in the amending by-laws and/or Section 37 Agreement; e. the Local Planning Appeal Tribunal is advised by the City Solicitor that City Council has classified the site as a Class 4 noise area under relevant provincial noise guidelines (NPC 300), if the peer review of the Environmental Noise Assessment Report identified in recommendation 4 (d) above concludes that a Class 4 noise area designation of the subject site is appropriate; and f. the owner has submitted and received approval of a draft plan of subdivision in order to create the development blocks, a new public park block, and any required new public street. 5. City Council require the Owner of the lands at 2450 Victoria Park Avenue to satisfy the full parkland dedication requirement through an on-site dedication, in the location as shown generally on the applicant's proposed plans dated October 26, 2017 that were submitted to the City on October 30, 2017. 6. In the event that the Local Planning Appeal Tribunal allows the appeal on the Zoning By-law Amendment application in whole or in part, and the applicant has resolved any parkland issues to the satisfaction of the General Manager, Parks, Forestry and Recreation, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.