20 Broadoaks Drive and 11 Catford Road - Official Plan Amendment and Zoning By-law Amendment Application - Request for Direction Report

The proposed development would result in 946 new residential units, 722 square metres of retail gross floor area, and 67,058 square metres of new residential gross floor area. An on-site parkland dedication of 1,600 square metres and a privately-owned publicly accessible space ("POPS") of 3,600 square metres are also proposed. In addition to the Official Plan and Zoning By-law amendment application, a Draft Plan of Condominium application has been submitted to establish a phased condominium corporation for the proposed development. On May 12, 2022, the combined Official Plan and Zoning By-law amendment application and the Draft Plan of Condominium application were appealed to the Ontario Land Tribunal by the applicant pursuant to Sections 22(7), 34(11) and 51(34) of the Planning Act, citing City Council's failure to make a decision within the prescribed timelines after the applications were deemed complete. The first Case Management Conference for the appeal was conducted on September 9, 2022 (OLT Case No. OLT-22-003827). A 10-day hearing has been scheduled to start on October 23, 2023. This report recommends that City Council direct the City Solicitor, together with appropriate City staff, to oppose the current proposal at the Ontario Land Tribunal and to continue discussions with the applicant to resolve outstanding issues.

3. In the event that the Ontario Land Tribunal allows the appeals, in whole or in part, City Council direct that the full on-site parkland dedication required pursuant to Section 42 of the Planning Act be provided on-site, and be conveyed and constructed to base park condition at no cost to the City, all to the satisfaction of the General Manager, Parks, Forestry and Recreation. 4. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, and the owner elects to design and construct Above Base Park Improvements, 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, and the development charge credit shall be in an amount that is the lesser of the cost to the owner for 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 Bylaw, as may be amended from time-to-time. 5. In the event that the Ontario Land Tribunal allows the appeals, in whole or in part, City Council direct the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises the Ontario Land Tribunal that: a. The final form and content of the Official Plan Amendment is satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. The final form and content of the Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; c. The owner has provided a revised Functional Servicing Report, a revised Stormwater Management Report, a revised Hydrological Report and a revised Geotechnical Study, such reports to be reviewed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. The owner has made satisfactory arrangements and entered into appropriate agreements with the City for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; e. The owner has provided a revised Parking Study, a revised Loading Study, a revised Traffic Operations Assessment, and a revised Transportation Impact Study, to be reviewed to the satisfaction of the General Manager, Transportation Services; f. The owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the amending Official Plan policies and Zoning By-laws and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning; g. The owner has provided an acceptable Land Use Compatibility Study, Noise Impact Study, and Vibration Study, such reports to be peer reviewed by a third-party consultant on behalf of the City and at the owner's expense, with recommendations to be implemented as part of the amending Official Plan policies and Zoning By-laws and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning; h. The owner has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report, Stormwater Management Report, Geotechnical Report and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; i. The owner has provided a revised Tree Preservation Plan and a revised Landscape Concept Plan to the satisfaction of the General Manager of Parks, Forestry and Recreation; and, j. The owner has made satisfactory arrangements and has entered into an appropriate agreement to secure the rental tenure of the 399 retained rental housing units for 20 years, as well as needed improvements to the existing rental property without pass-through costs to tenants, and a Construction Mitigation and Tenant Communication Plan, all to the satisfaction of the Chief Planner and Executive Director, City Planning.