2485 Eglinton Avenue West - Official Plan Amendment and Zoning By-law Amendment Application - Appeal Report

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The decision

2025-02-05 · Toronto City Council · adopted

As filed

City Council on February 5, 2025, adopted the following: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal to oppose the appeal of the Official Plan and Zoning By-law Amendment application for 2485 Eglinton Avenue West in its current form and to continue discussions with the applicant to resolve outstanding issues but not limited to those outlined in the report (December 16, 2024) from the Director, Community Planning, Etobicoke York District.

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2. If the Ontario Land Tribunal allows the appeal, in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form and content of the Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning, the Executive Director, Development Review, and the City Solicitor; b. the owner has satisfactorily addressed matters from Development Engineering as contained in the Development Engineering Memorandum, dated June 25, 2024, and any outstanding issues raised by Development Engineering, arising from the ongoing technical review (including the provision of acceptable reports and studies), to the satisfaction of the Director, Engineering Review; c. the owner has submitted updated Hydrogeological Review Report, Hydrological Review Summary, Foundation Drainage Summary Form, Subsurface Utility Engineering Investigation, Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary Form and any other reports or documents deemed necessary in support of the development to the satisfaction of the Director, Engineering Review; d. the owner has satisfactorily addressed the Transportation Services matters in the Development Engineering Memorandum, dated June 25, 2024, and any outstanding issues raised by Transportation Services, arising from the ongoing technical review (including the provision of acceptable reports and studies), to the satisfaction of the Director, Engineering Review and the General Manager, Transportation Services; e. the owner has satisfactorily addressed matters from the Tree Protection and Plan Review, Urban Forestry Memorandum, dated April 12, 2024, and any outstanding issues raised by Urban Forestry, arising from the ongoing technical review (including the provision of acceptable reports and studies), to the satisfaction of the Executive Director, Environment and Climate, and the General Manager, Parks, Forestry and Recreation; f. the owner has provided a revised Pedestrian Level Wind Study, including a Wind Tunnel Study, to the satisfaction of the Chief Planner and Executive Director, City Planning; and g. the submitted Noise Impact Study and Land Use Compatibility/Mitigation Study, both dated February 2, 2024 and prepared by RWDI, have been peer-reviewed by a third-party consultant retained by the City at the owner's expense, and the owner agrees to implement any necessary control measures and recommendations identified by the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Executive Director, Development Review. 3. 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, 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, including entering into appropriate agreement(s) with the City for required mitigation, as well as the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Executive Director, Development Review and the General Manager, Transportation Services. 4. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

On the agenda

As the city filed it

This report reviews an application to amend the Official Plan and Zoning By-law to permit a 45-storey mixed-use building containing 500 dwelling units at 2485 Eglinton Avenue West. On November 4, 2024, the applicant appealed the Official Plan 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 time period prescribed under the Planning Act.

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A Case Management Conference ("CMC") has yet to be scheduled. City staff require direction from City Council in advance of the Case Management Conference. An Ontario Land Tribunal hearing has not been scheduled at this time. This report recommends that Council direct the City Solicitor, together with appropriate City staff, to attend the Case Management Conference and any future Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the applicant in an attempt to resolve outstanding issues.

Staff recommended

The Director, Community Planning Etobicoke York District recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal to oppose the appeal of the Official Plan and Zoning By-law Amendment application for 2485 Eglinton Avenue West in its current form and to continue discussions with the applicant to resolve outstanding issues but not limited to those outlined in this report.

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2. If the Ontario Land Tribunal allows the appeal, in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. The final form and content of the Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning, the Executive Director, Development Review, and the City Solicitor. b. The owner has satisfactorily addressed matters from Development Engineering as contained in the Development Engineering Memorandum, dated June 25, 2024, and any outstanding issues raised by Development Engineering, arising from the ongoing technical review (including the provision of acceptable reports and studies), to the satisfaction of the Director, Engineering Review. c. The owner has submitted updated Hydrogeological Review Report, Hydrological Review Summary, Foundation Drainage Summary Form, Subsurface Utility Engineering Investigation, Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary Form and any other reports or documents deemed necessary in support of the development to the satisfaction of the Director, Engineering Review. d. The owner has satisfactorily addressed the Transportation Services matters in the Development Engineering Memorandum, dated June 25, 2024, and any outstanding issues raised by Transportation Services, arising from the ongoing technical review (including the provision of acceptable reports and studies), to the satisfaction of the Director, Engineering Review and the General Manager, Transportation Services. e. The owner has satisfactorily addressed matters from the Tree Protection and Plan Review, Urban Forestry Memorandum, dated April 12, 2024, and any outstanding issues raised by Urban Forestry, arising from the ongoing technical review (including the provision of acceptable reports and studies), to the satisfaction of the Executive Director, Environment and Climate, and the General Manager, Parks, Forestry and Recreation. f. The owner has provided a revised Pedestrian Level Wind Study, including a Wind Tunnel Study, to the satisfaction of the Chief Planner and Executive Director, City Planning. g. The submitted Noise Impact Study and Land Use Compatibility/Mitigation Study, both dated February 2, 2024 and prepared by RWDI, have been peer-reviewed by a third-party consultant retained by the City at the owner's expense, and the owner agrees to implement any necessary control measures and recommendations identified by the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Executive Director, Development Review. 3. 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, 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, including entering into appropriate agreement(s) with the City for required mitigation, as well as the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Executive Director, Development Review and the General Manager, Transportation Services. 4. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

Considered

2025-01-09 · Etobicoke York Community Council · adopted
Decision as filed
The Etobicoke Community Council recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal to oppose the appeal of the Official Plan and Zoning By-law Amendment application for 2485 Eglinton Avenue West in its current form and to continue discussions with the applicant to resolve outstanding issues but not limited to those outlined in the report (December 16, 2024) from the Director, Community Planning, Etobicoke York District.
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2. If the Ontario Land Tribunal allows the appeal, in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. The final form and content of the Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning, the Executive Director, Development Review, and the City Solicitor. b. The owner has satisfactorily addressed matters from Development Engineering as contained in the Development Engineering Memorandum, dated June 25, 2024, and any outstanding issues raised by Development Engineering, arising from the ongoing technical review (including the provision of acceptable reports and studies), to the satisfaction of the Director, Engineering Review. c. The owner has submitted updated Hydrogeological Review Report, Hydrological Review Summary, Foundation Drainage Summary Form, Subsurface Utility Engineering Investigation, Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary Form and any other reports or documents deemed necessary in support of the development to the satisfaction of the Director, Engineering Review. d. The owner has satisfactorily addressed the Transportation Services matters in the Development Engineering Memorandum, dated June 25, 2024, and any outstanding issues raised by Transportation Services, arising from the ongoing technical review (including the provision of acceptable reports and studies), to the satisfaction of the Director, Engineering Review and the General Manager, Transportation Services. e. The owner has satisfactorily addressed matters from the Tree Protection and Plan Review, Urban Forestry Memorandum, dated April 12, 2024, and any outstanding issues raised by Urban Forestry, arising from the ongoing technical review (including the provision of acceptable reports and studies), to the satisfaction of the Executive Director, Environment and Climate, and the General Manager, Parks, Forestry and Recreation. f. The owner has provided a revised Pedestrian Level Wind Study, including a Wind Tunnel Study, to the satisfaction of the Chief Planner and Executive Director, City Planning. g. The submitted Noise Impact Study and Land Use Compatibility/Mitigation Study, both dated February 2, 2024 and prepared by RWDI, have been peer-reviewed by a third-party consultant retained by the City at the owner's expense, and the owner agrees to implement any necessary control measures and recommendations identified by the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Executive Director, Development Review. 3. 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, 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, including entering into appropriate agreement(s) with the City for required mitigation, as well as the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Executive Director, Development Review and the General Manager, Transportation Services. 4. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.
2025-02-05 · Toronto City Council · adopted

On the record

The item as the City filed it

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