6 Dawes Road - Zoning By-law Amendment Application - Request for Direction Regarding Ontario Land Tribunal Hearing (formerly Local Planning Appeal Tribunal)

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The decision

2021-07-14 · Toronto City Council · adopted

As filed

City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor at the discretion of the City Solicitor. 3.

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City Council direct that the balance of Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto, 2006, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor remains confidential, in accordance with the provisions of the City of Toronto, 2006, as it contains advice that is subject to solicitor-client privilege.

On the agenda

As the city filed it

On November 25, 2019, a Zoning By-law Amendment application (the "Application") was submitted for the property at 6 Dawes Road to permit three residential towers of 49 storeys, 46 storeys and 40 storeys atop a shared base building including residential, retail and community space. In addition to residential dwelling units, the proposal would have also included: a new integrated entrance to the existing Danforth GO transit station; a 6-storey community centre (approximately 4,865 square metres or 50,000 square feet); and a privately-owned publicly accessible open space (737.68 square metres).

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On January 15, 2021, the applicant submitted a revised development proposal for 6 Dawes Road (the "Revised Application"). The Revised Application proposed to amend the Zoning By-law for 6 Dawes Road to permit four towers atop two base buildings separated by a publicly-accessible open space. The towers were to be 44-storeys, 46 storeys, 37 storeys and 19 storeys. In addition to residential units, the Revised Application also included space for self-storage. Neither a community centre use nor integrated entrance with the adjacent GO transit station was provided. The Revised Application included above-grade parking for portions of floors 1 to 5 where highly sensitive uses such as residential would not be permitted due to the proposal's adjacency with the rail corridor to the south. On March 23, 2021, the applicant appealed the Revised Application to the Local Planning Appeal Tribunal, now continued as the Ontario Land Tribunal (the "OLT"), citing Council's failure to make a decision within the statutory timeframe. The OLT conducted the first Case Management Conference in the proceedings by video hearing on May 14, 2021, at which Tri-Metro Investments Inc, Canadian Tire Corporation Limited, Minto (Dawes) GP Inc., Dandaw Developments Limited, Victoria Woods (Main Square Inc.), a local resident and Metrolinx were each granted party status on consent. The purpose of this report is to request further instructions for the future OLT hearing that is not yet scheduled.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential, as it contains advice which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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