4875 Dundas Street West - Official Plan Amendment and Zoning By-law Amendment Application - Decision Report - Refusal

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The decision

2024-12-17 · Toronto City Council · adopted

As filed

City Council on December 17 and 18, 2024, adopted the following: 1. City Council refuse the application for an Official Plan Amendment and Zoning By-law Amendment (Application 24 143269 WET 03 OZ) in its current form, for the lands municipally known as 4875 Dundas Street West. 2. If the application is appealed to the Ontario Land Tribunal, City Council, pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, direct staff to use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the concerns with the Official Plan Amendment and Zoning By-law Amendment application, to the satisfaction of the Executive Director, Development Review and the City Solicitor.

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3. City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have appealed the decision of City Council based on subsections 22(8.1) and 34(11.0.0.1) of the Planning Act; and the City Clerk shall provide notice to all prescribed persons or public bodies under subsections 22(8.2) and 34(11.0.0.2) of the Planning Act. 4. City Council direct the City Clerk, should an appeal be filed, to notify the Ontario Land Tribunal of City Council's decision pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, and that the Ontario Land Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials 75 days after the last day for filing a notice of appeal for these matters. 5. Should issues related to the Official Plan Amendment and Zoning By-law Amendment application be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, Community Planning, Etobicoke York to bring forward a Decision Report - Approval to Etobicoke York Community Council for a statutory public meeting as required under the Planning Act. 6. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision. 7. City Council direct the City Solicitor to request, in the event of an appeal to the Ontario Land Tribunal, the Ontario Land Tribunal to withhold its final Order until the following conditions are met: a. the final forms of the Official Plan Amendment and Zoning By-law Amendments are to the satisfaction of the Executive Director, Development Review and the City Solicitor, including any appropriate Holding (H) Provisions; b. an updated Pedestrian Level Wind Study with mitigations to the satisfaction of the Executive Director, Development Review; c. an application to Injure or Remove Trees has been submitted by the owner and accepted by the General Manager of Parks, Forestry and Recreation; d. the owner has addressed all comments from Transportation Services regarding the Transportation Impact Study to the satisfaction of the General Manager, Transportation Services; e. the owner has addressed all comments from Engineering and Construction Services to their satisfaction and made satisfactory arrangements for any upgrades to municipal infrastructure as identified in an accepted Functional Servicing and Stormwater Management Report; f. any mitigation and/or restrictions on the proposed built form to address the accepted and peer reviewed Noise Impact Study and Air Quality and Odour Study satisfactory to the Executive Director, Development Review; and g. City Council has approved Rental Housing Demolition Application (File 24 143880 WET 03 RH) under Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental dwelling units and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Executive Director, Development Review and the City Solicitor, securing all rental housing related matters necessary to implement City Council's decision including: 1. replacement of the existing 56 rental housing units, including the same number of units, bedroom type and size and with similar rents; and 2. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship.

The vote

Adopt Item · Carried, 5-0

For (5)Amber Morley, Anthony Perruzza, Frances Nunziata, Stephen Holyday, Vincent Crisanti

The whole record, all 5 members

Every name opens that member’s record.

On the agenda

As the city filed it

On May 7, 2024, a combined Official Plan Amendment and Zoning By-law Amendment application was submitted for a development at 4875 Dundas Street West to permit a 45-storey (150-metre high) mixed use building with a four-storey base building. The proposal contains 488 residential units, of which 56 are rental replacement units and 432 are market-based condominium units, and 461 square metres are at-grade retail uses. The overall proposal results in a density of 11.7 times the area of the lot.

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A related Rental Housing Demolition Application has been submitted. This report reviews and recommends refusal of the application as the proposal is not consistent with the policies of the Official Plan, does not have appropriate regard for the policies of the Etobicoke Centre Secondary Plan and its size and scale are excessive.

Staff recommended

The Director, Community Planning, Etobicoke York District recommends that: 1. City Council refuse the application for an Official Plan Amendment and Zoning By-law Amendment (Application 24 143269 WET 03 OZ) in its current form, for the lands municipally known as 4875 Dundas Street West. 2. If the application is appealed to the Ontario Land Tribunal, City Council, pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, direct staff to use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the concerns with the Official Plan Amendment and Zoning By-law Amendment application, to the satisfaction of the Executive Director, Development Review and City Solicitor.

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3. City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have appealed the decision of City Council based on subsections 22(8.1) and 34(11.0.0.1) of the Planning Act; and the City Clerk shall provide notice to all prescribed persons or public bodies under subsections 22(8.2) and 34(11.0.0.2) of the Planning Act. 4. City Council direct the City Clerk, should an appeal be filed, to notify the Ontario Land Tribunal of City Council's decision pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, and that the Ontario Land Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials 75 days after the last day for filing a notice of appeal for these matters. 5. Should issues related to the Official Plan Amendment and Zoning By-law Amendment application be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, Community Planning, Etobicoke York to bring forward a Decision Report - Approval to Etobicoke York Community Council for a statutory public meeting as required under the Planning Act. 6. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision. 7. City Council direct the City Solicitor to request, in the event of an appeal to the Ontario Land Tribunal, the Ontario Land Tribunal to withhold its final Order until the following conditions are met: a. The final forms of the Official Plan Amendment and Zoning By-law Amendments are to the satisfaction of the Executive Director, Development Review and the City Solicitor, including any appropriate Holding (H) Provisions. b. An updated Pedestrian Level Wind Study with mitigations to the satisfaction of the Executive Director, Development Review. c. An application to Injure or Remove Trees has been submitted by the owner and accepted by the General Manager of Parks, Forestry and Recreation. d. The owner has addressed all comments from Transportation Services regarding the Transportation Impact Study to the satisfaction of the General Manager, Transportation Services. e. The owner has addressed all comments from Engineering and Construction Services to their satisfaction and made satisfactory arrangements for any upgrades to municipal infrastructure as identified in an accepted Functional Servicing and Stormwater Management Report. f. Any mitigation and/or restrictions on the proposed built form to address the accepted and peer reviewed Noise Impact Study and Air Quality and Odour Study satisfactory to the Executive Director, Development Review. g. City Council has approved Rental Housing Demolition Application (file No. 24 143880 WET 03 RH) under Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental dwelling units and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Executive Director, Development Review and the City Solicitor, securing all rental housing related matters necessary to implement City Council's decision including: 1. Replacement of the existing 56 rental housing units, including the same number of units, bedroom type and size and with similar rents. 2. An acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship.

Considered

2024-12-02 · Etobicoke York Community Council · adopted
Decision as filed
The Etobicoke York Community Council recommends that: 1. City Council refuse the application for an Official Plan Amendment and Zoning By-law Amendment (Application 24 143269 WET 03 OZ) in its current form, for the lands municipally known as 4875 Dundas Street West. 2. If the application is appealed to the Ontario Land Tribunal, City Council, pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, direct staff to use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the concerns with the Official Plan Amendment and Zoning By-law Amendment application, to the satisfaction of the Executive Director, Development Review and City Solicitor.
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3. City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have appealed the decision of City Council based on subsections 22(8.1) and 34(11.0.0.1) of the Planning Act; and the City Clerk shall provide notice to all prescribed persons or public bodies under subsections 22(8.2) and 34(11.0.0.2) of the Planning Act. 4. City Council direct the City Clerk, should an appeal be filed, to notify the Ontario Land Tribunal of City Council's decision pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, and that the Ontario Land Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials 75 days after the last day for filing a notice of appeal for these matters. 5. Should issues related to the Official Plan Amendment and Zoning By-law Amendment application be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, Community Planning, Etobicoke York to bring forward a Decision Report - Approval to Etobicoke York Community Council for a statutory public meeting as required under the Planning Act. 6. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision. 7. City Council direct the City Solicitor to request, in the event of an appeal to the Ontario Land Tribunal, the Ontario Land Tribunal to withhold its final Order until the following conditions are met: a. The final forms of the Official Plan Amendment and Zoning By-law Amendments are to the satisfaction of the Executive Director, Development Review and the City Solicitor, including any appropriate Holding (H) Provisions. b. An updated Pedestrian Level Wind Study with mitigations to the satisfaction of the Executive Director, Development Review. c. An application to Injure or Remove Trees has been submitted by the owner and accepted by the General Manager of Parks, Forestry and Recreation. d. The owner has addressed all comments from Transportation Services regarding the Transportation Impact Study to the satisfaction of the General Manager, Transportation Services. e. The owner has addressed all comments from Engineering and Construction Services to their satisfaction and made satisfactory arrangements for any upgrades to municipal infrastructure as identified in an accepted Functional Servicing and Stormwater Management Report. f. Any mitigation and/or restrictions on the proposed built form to address the accepted and peer reviewed Noise Impact Study and Air Quality and Odour Study satisfactory to the Executive Director, Development Review. g. City Council has approved Rental Housing Demolition Application (file No. 24 143880 WET 03 RH) under Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental dwelling units and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Executive Director, Development Review and the City Solicitor, securing all rental housing related matters necessary to implement City Council's decision including: 1. Replacement of the existing 56 rental housing units, including the same number of units, bedroom type and size and with similar rents. 2. An acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship.
2024-12-17 · Toronto City Council · adopted

On the record

The item as the City filed it

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