789-793 Don Mills Road and 10 Ferrand Drive - Official Plan Amendment and Zoning By-law Amendment and Site Plan Control Applications - Appeal Report

On February 21, 2023, the Applicant appealed the application to the Ontario Land Tribunal due to Council not making a decision within the 120-day time frame in the Planning Act. A Case Management Conference was held on June 16, 2023. No hearing dates have been set to date. A second case management conference has not yet been scheduled. It is anticipated that a procedural order would be established to determine the sequencing of the various appeals to resolve the Official Plan and Zoning amendment matters prior to the Site Plan Control matters. Since the time of the appeal, the applicant has revised their proposal and is now seeking to redevelop the lands with four residential towers having heights of 60, 57, 50, and 45-storeys. The public park has been relocated from the corner of Rochefort Drive and Ferrand Drive and is now proposed to front onto Don Mills Road, with an on-site privately-owned publicly accessible space adjacent to the proposed public park. The existing office building would remain on the site. This report recommends that the City Solicitor with the appropriate City staff attend the Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.

2. 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 Orders be withheld until such time as the City Solicitor advises that: a. the final form and content of the draft Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has provided a revised Traffic Impact Study, including acceptable Transportation Demand Measures, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning Division; d. the owner has provided a Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water; e. the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports; f. the owner has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and/or road improvements are required to the infrastructure to support the development, according to the accepted Engineering Reports and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; g. the applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; h. the owner has submitted a revised Heritage Impact Assessment that includes a conservation strategy for the on-site heritage resource at 789-793 Don Mills Road, to the satisfaction of the Chief Planner and Executive Director, City Planning; i. the owner has submitted a Heritage Permit application to alter the property at 789-793 Don Mills Road, in accordance with Section 33 of the Ontario Heritage Act, to the satisfaction of the Chief Planner and Executive Director, City Planning; j. the owner has entered into a Heritage Easement Agreement with the City for the property at 789-793 Don Mills Road to the satisfaction of the Chief Planner and Executive Director, City Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor; and k. the owner has provided a detailed Conservation Plan for the subject heritage property, prepared by a qualified heritage consultant, that is substantially in accordance with the conservation strategy set out in the revised Heritage Impact Assessment, 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 Report, 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, Engineering and Construction Services. 4. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.