65, 73, 75, 77, 81 McCormack Street - Official Plan Amendment and Zoning By-law Amendment Application - Appeal Report

Official Plan Amendment 591 was adopted by City Council on July 22, 2022 and received Ministerial approval on December 13, 2023. There is no appeal of the Minister's decision. On December 19, 2023, the applicant appealed its Official Plan Amendment and Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) citing City Council's failure to make a decision on the application within the prescribed time frame set out in the Planning Act . A Case Management Conference has been scheduled for May 1, 2024. This report recommends that Council direct the City Solicitor, together with appropriate City staff, to attend the Ontario Land Tribunal hearing to oppose the proposal in its current form and to continue discussions with the applicant to resolve outstanding issues.

The form and content of the Official Plan Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. The form and content of the Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; c. The owner has addressed all outstanding issues identified within the Engineering and Construction Services correspondence dated October 30, 2023, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services; d. The owner has submitted a revised Transportation Impact Study including all requested revisions identified within the Engineering and Construction Services correspondence, dated October 30, 2023, to the satisfaction of the General Manager, Transportation Services; e. The owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required; f. The owner has addressed all outstanding issues identified by the Toronto and Region Conservation Authority (TRCA) and the City Divisions, associated with sufficient setbacks to natural hazard lands at the rear of the property including the need for updated materials, including a Landscape Plan, Planting Plan, Erosion and Sediment Control Plan, Functional Servicing and Stormwater Management report, Geotechnical Study and Hydrological Assessment, to the satisfaction of the General Manager of Parks, Forestry and Recreation and Chief Planner and Executive Director, City Planning; g. The owner has provided a Pedestrian Level Wind Study, in accordance with the City's Terms of Reference, with such report to be reviewed and recommendations implemented as part of the Zoning By-law and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning; h. The owner has submitted a Natural Heritage Impact Study, to be peer reviewed by a third-party consultant on behalf of the City, with recommendations to be implemented as part of the amending Official Plan policies and Zoning By-laws and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning; i. The owner has submitted an Electromagnetic Field (EMF) Management Plan to be peer reviewed at the owner's expense, with recommendations to be implemented to the satisfaction of the Chief Planner and Executive Director, City Planning; j. The owner has satisfactorily addressed matters from the Urban Forestry, Tree Protection and Plan Review, in response to future submissions filed by the owner, and provided required materials, including a Public Utilities Plan and a Site Grading Plan, all to the satisfaction of the General Manager, Parks, Forestry and Recreation; k. The owner has submitted a phasing plan to demonstrate, to the satisfaction of the Chief Planner and Executive Director of City Planning, how the required non-residential gross floor area will be achieved; and l. The owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Chief Planner and Executive Director, City Planning. 3. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, 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: a. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study, 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, at no cost to the City, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and General Manager, Transportation Services; b. The owner has entered into a Municipal Housing Project Facility Agreement or such other agreement(s) as may be satisfactory to the City Solicitor to secure the provision of affordable housing; c. The submission and acceptance of a Housing Issues Report, to the satisfaction of the Chief Planner and Executive Director, that identifies the unit mix, unit sizes, and how affordable housing requirements will be met; and d. Submission of a Compatibility and Mitigation Study (including air quality and noise and vibration) to be peer reviewed at the owner's expense, with recommendations to be implemented to the satisfaction of the Chief Planner and Executive Director, City Planning. 4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.