4001 Steeles Avenue West, 5000 Jane Street and 360 Hullmar Drive - Zoning By-law Amendment and Site Plan Control Applications - Appeal Report

A third tower, measuring 35 storeys, would sit above an eight-storey base building, though oriented towards Jane Street. In total, the proposed development introduces 1621 new dwelling units. The three existing buildings on the site -two apartment buildings measuring 14 and 17 storeys and a two-storey non-residential building -are proposed to be retained. On March 13, 2023, the applicant appealed the applications to the Ontario Land Tribunal (OLT) due to Council not making a decision within the timeframe in the Planning Act. This report reviews and recommends that the City Solicitor with the appropriate staff attend the OLT to oppose the applications in its current form and to continue discussions with the applicant to revise the proposal and resolve outstanding issues, if possible.

2. 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 Zoning By-law Amendment is 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, 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; c. 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; d. the owner has provided a revised Pedestrian Wind Study, including a Wind Tunnel Study, such report to be reviewed with recommendations implemented as part of the amending Zoning By-laws and secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning; e. the owner has provided an acceptable Land Use Compatibility Study and Air Quality 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 Zoning By-laws and secured in a Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning; f. 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; g. the owner has provided a revised Tree Preservation Plan and a revised Landscape Concept Plan to the satisfaction of the General Manager, Parks, Forestry and Recreation; and, h. the owner has made satisfactory arrangements and has entered into an appropriate agreement to secure the rental tenure of the 647 retained rental housing units for at least 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. 3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.