123 Wynford Drive - Official Plan and Zoning By-law Amendment Application - Appeal Report

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The decision

2023-10-11 · Toronto City Council · adopted

As filed

City Council on October 11 and 12, 2023, adopted the following: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current Application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 123 Wynford Drive and to continue discussions with the Applicant in an attempt 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.

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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 in their memorandum dated May 23, 2023, or as may be updated, as they relate to the applications to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has at its sole expense 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; d. the owner has at its sole expense 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 at its sole expense 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 owner has addressed all outstanding issues raised by Urban Forestry, Ravine and Natural Feature Protection, as per their memorandum dated June 5, 2023, and as may be updated, as they relate to the applications, to the satisfaction of the Supervisor, Tree Protection and Plan Review; h. the applicant has entered into a Heritage Easement Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; i. the owner has submitted a revised Heritage Impact Assessment that includes a conservation strategy for the on-site heritage resource and landscape at 123 Wynford Drive, to the satisfaction of the Chief Planner and Executive Director, City Planning; j. the owner has submitted a Heritage Permit application to alter the property at 123 Wynford Drive, in accordance with Section 33 of the Ontario Heritage Act, to the satisfaction of the Chief Planner and Executive Director, City Planning; k. the owner has entered into a Heritage Easement Agreement with the City for the property at 123 Wynford Drive 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 l. 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. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On the agenda

As the city filed it

On July 29, 2022, an Official Plan and Zoning By-law Amendment application was submitted to permit the redevelopment of the lands at 123 Wynford Drive with two residential towers having proposed heights of 55-storeys and 48-storeys. The proposed overall gross floor area would be 78,660 square metres, and a floor space index of 10.5 times the lot area. The application was deemed complete on August 4, 2022. A resubmission was submitted by the applicant on April 6, 2023.

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On April 20, 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 August 10, 2023. A hearing date has not been scheduled yet. At its meeting of July 19, 2023, City Council adopted a report to state its intention to designate the property at 123 Wynford Drive under Part IV, Section 29 of the Ontario Heritage Act. 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.

Staff recommended

The Director, Community Planning, North York District recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current Application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 123 Wynford Drive and to continue discussions with the Applicant in an attempt 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.

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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 Division; b. the owner has addressed all outstanding issues raised by Engineering and Construction Services in their memorandum dated May 23, 2023, or as may be updated, as they relate to the applications to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has at its sole expense 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 at its sole expense 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 at its sole expense 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 owner has addressed all outstanding issues raised by Urban Forestry, Ravine and Natural Feature Protection, as per their memorandum dated June 5, 2023, and as may be updated, as they relate to the applications, to the satisfaction of the Supervisor, Tree Protection and Plan Review; h. the applicant has entered into a Heritage Easement Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the City Solicitor; i. the owner has submitted a revised Heritage Impact Assessment that includes a conservation strategy for the on-site heritage resource and landscape at 123 Wynford Drive, to the satisfaction of the Chief Planner and Executive Director, City Planning; j. the owner has submitted a Heritage Permit application to alter the property at 123 Wynford Drive, in accordance with Section 33 of the Ontario Heritage Act, to the satisfaction of the Chief Planner and Executive Director, City Planning; k. the owner has entered into a Heritage Easement Agreement with the City for the property at 123 Wynford Drive 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 l. 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. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

Considered

2023-09-07 · North York Community Council · adopted
Decision as filed
North York Community Council recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current Application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 123 Wynford Drive and to continue discussions with the Applicant in an attempt 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.
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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 Division; b. the owner has addressed all outstanding issues raised by Engineering and Construction Services in their memorandum dated May 23, 2023, or as may be updated, as they relate to the applications to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has at its sole expense 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 at its sole expense 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 at its sole expense 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 owner has addressed all outstanding issues raised by Urban Forestry, Ravine and Natural Feature Protection, as per their memorandum dated June 5, 2023, and as may be updated, as they relate to the applications, to the satisfaction of the Supervisor, Tree Protection and Plan Review; h. the applicant has entered into a Heritage Easement Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the City Solicitor; i. the owner has submitted a revised Heritage Impact Assessment that includes a conservation strategy for the on-site heritage resource and landscape at 123 Wynford Drive, to the satisfaction of the Chief Planner and Executive Director, City Planning; j. the owner has submitted a Heritage Permit application to alter the property at 123 Wynford Drive, in accordance with Section 33 of the Ontario Heritage Act, to the satisfaction of the Chief Planner and Executive Director, City Planning; k. the owner has entered into a Heritage Easement Agreement with the City for the property at 123 Wynford Drive 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 l. 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. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.
2023-10-11 · Toronto City Council · adopted

On the record

The item as the City filed it

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