5238 Dundas Street West and 28 Jopling Avenue South - Official Plan Amendment and Zoning By-law Amendment Applications - Request for Direction Report

Considered

• 2022-06-27 · Etobicoke York Community Council · adopted

  Decision as filed

  The Etobicoke York Community Council recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 5238 Dundas Street West and 28 Jopling Avenue West and to continue discussions with the applicant in an attempt to resolve outstanding issues.

  Show the rest of Decision as filed, 3,468 more characters as filed

  2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the form and content of the Official Plan and Zoning By-law Amendments are to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning; b. the owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required; c. 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 application, to the satisfaction of the Supervisor, Tree Protection and Plan Review and the General Manager, Parks, Forestry and Recreation; d. the owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services; e. The owner has provided a revised Pedestrian Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, with recommendations implemented as part of the amending Zoning By-laws to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and f. The submitted Noise Feasibility Assessment and Electromagnetic Field Management Report, has been peer reviewed by a qualified third-party consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning. 3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Storm Water Management Report and the Traffic Impact Study, City Council direct the City Solicitor and appropriate City staff to request that a Holding Provision (H) be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and General Manager, Transportation Services. 4. In the event the Ontario Land Tribunal allows the appeal in whole or in part, and the implementing amending by-laws are enacted prior to the earlier of September 18, 2022 or the day the City passes a community benefits charge by-law, City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act, securing appropriate services, facilities and other community benefits as may be required by the Chief Planner and Executive Director, City Planning. 5. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

• 2022-07-19 · Toronto City Council · adopted