266 and 268 Royal York Road - Zoning By-law Amendment Application - Appeal Report

The OPA seeks to permit some components of the proposal, not including residential units or amenity spaces, on the Core Employment Areas portion of the site that support the mixed-use development within the Mixed Use Areas portion of the site. While both the Zoning By-law Amendment and OPA applications, submitted by the applicant, have been appealed, and are referred to in this report, Staff are only seeking direction on the Zoning By-law Amendment application at this time and expect that the OPA application will be withdrawn as it seeks to permit additional uses in Core Employment Areas, which is not authorized outside of a Municipal Comprehensive Review. In addition to the OPA application, a Conversion Request was submitted on August 3, 2021 (No. 099) as part of the City's Municipal Comprehensive Review (MCR) process and considered under Section 26 of the Planning Act, where the Minister of Municipal Affairs and Housing is the approval authority. City Council adopted Official Plan Amendment 653, with Site and Area Specific Policy (SASP) 836, which is currently with the Ministry of Municipal Affairs and Housing for approval, and which relates to the subject site and seeks the same permissions in the Official Plan Amendment application. The Municipal Comprehensive Review was the appropriate venue to address amendments to the Core Employment Areas. In this case, neither the City nor the Ontario Land Tribunal have further jurisdiction with respect to the Official Plan Amendment application. A Preliminary Report on the Zoning By-law Amendment application was also adopted by the Planning and Housing Committee on May 31, 2022, directing staff to review the application concurrently and in the context of the MCR, should the proposal include any non-permitted uses within the Core Employment Areas. On November 16, 2022, the applicant appealed the Zoning By-law Amendment to the OLT citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act. On February 16, 2023, the applicant appealed the OPA to the OLT, also citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act. In addition, the site is the subject of associated applications for Plan of Subdivision and Site Plan Control approval which have not been appealed. Hearings have not been scheduled at this time. This report recommends that the City Solicitor, together with appropriate City staff, attend Case Management Conferences and any future OLT hearing to oppose the application in its current form, and to continue discussions with the applicant to resolve outstanding issues specifically identified during the review of the Zoning By-law application.

Official Plan Amendment 653, with SASP 836, as adopted by City Council, is approved by the Minister of Municipal Affairs and Housing; b. The final form and content of the Zoning By-law Amendment are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; c. The owner has provided a revised Functional Servicing and Stormwater Management Report, to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. The owner has provided a revised Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services; e. The owner has made arrangements with the City and has entered into the appropriate agreement 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 this development, according to the revised Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and revised Traffic Impact Study accepted by the General Manager, Transportation Services; f. The submitted Noise Impact Study, Vibration Impact Study, Rail Safety Report, Compatibility/ Migration Study have been peer reviewed by a third-party consultant retained by the City at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning, as part of the Zoning By-law Amendment application; and g. 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 Amendments applications, to the satisfaction of the General Manager of Parks, Forestry and Recreation. 3. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision. 4. In the event that the Ontario Land Tribunal allows the appeal, 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 to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition, and constructed to base park condition at no cost to the City, all to the satisfaction of the General Manager, Parks, Forestry and Recreation. 5. 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 Charges 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 Charges 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 By-law, as may be amended from time-to-time.