4174 Dundas Street West - Official Plan Amendment and Zoning By-law Amendment Applications - Appeal Report

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The decision

2023-05-10 · Toronto City Council · adopted

As filed

City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council direct the City Solicitor, together with appropriate City staff, to attend the Ontario Land Tribunal in opposition to the appeals of the current applications for Official Plan and Zoning By-law amendments for the lands at 4174 Dundas Street West, and to continue discussions with the applicant in an attempt to resolve outstanding issues. 2.

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In the event that the Ontario Land Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises that: a. the final form and content of the Official Plan Amendment and Zoning By-law Amendment(s) are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the Owner has provided a revised Functional Servicing Report, a revised Stormwater Management Report, and a revised Geotechnical Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the Owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services; d. 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 the 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 and Geotechnical Reports and accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the Traffic Impact Study accepted by the General Manager, Transportation Services; e. the Owner has provided loading spaces, parking spaces and accessible parking spaces, as well as drive aisle widths and turning radii, in accordance with the supply and dimensional requirements of city-wide Zoning By-law 569-2013 to the satisfaction of the General Manager, Transportation Services; f. the Owner has provided a revised Arborist Report, Tree Inventory and Preservation Plan, Landscape Plan, to the satisfaction of the Supervisor, Tree Protection and Plan Review; g. the Owner has addressed all outstanding issues raised by Urban Forestry, Ravine and Natural Feature Protection as they relate to the Official Plan Amendment and Zoning By-law Amendment applications, to the satisfaction of the Manager, Ravine and Natural Feature Protection; h. the Owner has satisfied the requirements of the Toronto and Region Conservation Authority regarding requested revisions to reports, and policy and/or zoning revisions requested to address the long-term stable top-of-slope issue; and i. the Owner has satisfied the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding signage and warning clauses; 3. City Council request staff schedule a Community Information Meeting for the application together with the Ward Councillor and with the participation of the applicant. 4. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (March 15, 2023) from the Director, Community Planning, Etobicoke York District and to report back to City Council if a potential resolution has been achieved.

On the agenda

As the city filed it

On August 31, 2021, a Zoning By-law Amendment application was submitted by Dunpar Homes to permit a 15-storey residential building at 4174 Dundas Street West. A total of 117 units are proposed with a gross floor area of 13,194 square metres and a density of 6.4 times the area of the lot. On December 23, 2021, the applicant appealed the rezoning application to the Ontario Land Tribunal (OLT) due to City Council not making a decision on the application within the prescribed timeframe of the Planning Act.

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A Case Management Conference was held on February 6, 2023 and a hearing is scheduled for 14 days commencing on February 12, 2024. On July 22, 2022, the applicant submitted an Official Plan Amendment application in support of the proposal. This application was appealed on November 21, 2022 and a second Case Management Conference is scheduled for July 5, 2023. Both appeals have been consolidated at the OLT. This report recommends that City Council direct the City Solicitor, together with appropriate City staff, to attend the OLT hearing in opposition to the application in its current form and to continue discussions with the applicant to resolve outstanding issues.

Staff recommended

The City Planning Division recommends that: 1. City Council direct the City Solicitor, together with appropriate City staff, to attend the Ontario Land Tribunal (OLT) in opposition to the appeals of the current applications for Official Plan and Zoning By-law amendments for the lands at 4174 Dundas Street West, and to continue discussions with the applicant in an attempt to resolve outstanding issues. 2. In the event that the OLT allows the appeals, in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises that: a.

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The final form and content of the Official Plan Amendment and Zoning By-law Amendment(s) are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. The owner has provided a revised Functional Servicing Report, a revised Stormwater Management Report, and a revised Geotechnical Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. The owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services; d. 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 the 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 and Geotechnical Reports and accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the Traffic Impact Study accepted by the General Manager, Transportation Services; e. The owner has provided loading spaces, parking spaces and accessible parking spaces, as well as drive aisle widths and turning radii, in accordance with the supply and dimensional requirements of city-wide Zoning By-law 569-2013 to the satisfaction of the General Manager, Transportation Services; f. The owner has provided a revised Arborist Report, Tree Inventory and Preservation Plan, Landscape Plan, to the satisfaction of the Supervisor, Tree Protection and Plan Review; g. The owner has addressed all outstanding issues raised by Urban Forestry, Ravine and Natural Feature Protection as they relate to the Official Plan Amendment and Zoning By-law Amendment applications, to the satisfaction of the Manager, Ravine and Natural Feature Protection; h. The owner has satisfied the requirements of the Toronto and Region Conservation Authority regarding requested revisions to reports, and policy and/or zoning revisions requested to address the long-term stable top-of-slope issue; and i. The owner has satisfied the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding signage and warning clauses; 3. Staff schedule a Community Information Meeting for the application together with the Ward Councillor and with the participation of the applicant. 4. The City Solicitor and appropriate staff be authorized to continue discussions with the applicant to address the issues outlined in this report and to report back to City Council if a potential resolution has been achieved.

Considered

2023-04-03 · Etobicoke York Community Council · adopted
Decision as filed
The Etobicoke York Community Council recommends that: 1. City Council direct the City Solicitor, together with appropriate City staff, to attend the Ontario Land Tribunal (OLT) in opposition to the appeals of the current applications for Official Plan and Zoning By-law amendments for the lands at 4174 Dundas Street West, and to continue discussions with the applicant in an attempt to resolve outstanding issues. 2. In the event that the OLT allows the appeals, in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises that: a.
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The final form and content of the Official Plan Amendment and Zoning By-law Amendment(s) are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. The owner has provided a revised Functional Servicing Report, a revised Stormwater Management Report, and a revised Geotechnical Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. The owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services; d. 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 the 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 and Geotechnical Reports and accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the Traffic Impact Study accepted by the General Manager, Transportation Services; e. The owner has provided loading spaces, parking spaces and accessible parking spaces, as well as drive aisle widths and turning radii, in accordance with the supply and dimensional requirements of city-wide Zoning By-law 569-2013 to the satisfaction of the General Manager, Transportation Services; f. The owner has provided a revised Arborist Report, Tree Inventory and Preservation Plan, Landscape Plan, to the satisfaction of the Supervisor, Tree Protection and Plan Review; g. The owner has addressed all outstanding issues raised by Urban Forestry, Ravine and Natural Feature Protection as they relate to the Official Plan Amendment and Zoning By-law Amendment applications, to the satisfaction of the Manager, Ravine and Natural Feature Protection; h. The owner has satisfied the requirements of the Toronto and Region Conservation Authority regarding requested revisions to reports, and policy and/or zoning revisions requested to address the long-term stable top-of-slope issue; and i. The owner has satisfied the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding signage and warning clauses; 3. City Council request staff schedule a Community Information Meeting for the application together with the Ward Councillor and with the participation of the applicant. 4. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (March 15, 2023) from the Director, Community Planning, Etobicoke York District and to report back to City Council if a potential resolution has been achieved.
2023-05-10 · Toronto City Council · adopted

On the record

The item as the City filed it

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