Request for Direction Report - Zoning By-law Amendment - 1861 O'Connor Drive

The applicant proposes to provide 217 underground parking spaces. The proposed development in its current form is not consistent with the Provincial Policy Statement (2020) and does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). Issues to be resolved, as outlined in this report, include: conforming with the O'Connor Drive Avenue Study, Site and Area Specific Policy 400, and addressing the policy direction of the Golden Mile Secondary Plan, the provision of family sized units, a community services and facilities analysis, and community benefits. Additionally, the amount of non-residential gross floor area along O'Connor Drive, site organization, building height/massing and setbacks, and vehicular access are issues that require resolution. The applicant has appealed their Zoning By-law Amendment application and the associated Site Plan Control application to the Local Planning Appeal Tribunal (the "LPAT"). The first Case Management Conference took place on September 21, 2020. A 10-day hearing, commencing March 15, 2021 has been scheduled by the LPAT. This report recommends that the City Solicitor attend the LPAT hearing to oppose the application in its current form.

the final form and content of the draft Zoning By-law Amendment(s) are satisfactory to the City Solicitor, and the Chief Planner and Executive Director, City Planning Division, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and amongst other matters includes: i. the requirement for appropriate matters, services, and facilities to be provided by the owner, at its expense, and pursuant to Section 37 of the Planning Act and other matters necessary to support development. b. the Local Planning Appeal Tribunal has received confirmation from the City Solicitor that: i. the Owner has at its sole expense provided a Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water; ii. the Owner at its sole expense designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Functional Servicing Report and Stormwater Management Report, Foundation Drainage Report, and Hydrogeological Review, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; iii. confirmation from the City Solicitor that the implementation of the Functional Servicing Report, Groundwater Report, Stormwater Management Report and Hydrogeological Report, including the Foundation Report, accepted by Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services does not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner, City Planning Division and the City Solicitor; and iv. should it be deemed necessary by the Chief Engineer and Executive Director, Engineering and Construction Services, the by-laws and the Section 37 agreement shall require the owner, at no cost to the City, prior to the issuance of any above grade permit for all or any part of the site, including for clarity, any conditional above-grade building permit, to design, financially secure, construct, and make operational, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the City Solicitor. c. the Local Planning Appeal Tribunal has been advised by the City Solicitor that appropriate 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 Division, in consultation with the local Ward Councillor, have been appropriately secured in the implementing Zoning By-laws and in a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning Division and the City Solicitor, and that the agreement has been executed and registered on titled to the satisfaction of the City Solicitor. 4. City Council direct that any approved Zoning By-law Amendment for the lands municipally known at 1861 O'Connor Drive contain a Holding Symbol (H) pursuant to Section 36 of the Planning Act, the form and content to the satisfaction of the Chief Planner and Executive Director City Planning Division and the City Solicitor, be subject to the substantial completion of the Municipal Class Environmental Assessment Study for the Golden Mile area, where a preferred alignment of O'Connor Drive has been selected.