| 137137 | REPORT | N | N | MAIN | ACTION | ADOPTED | N | — | 3140, 3170, and 3180 Dufferin Street, and 60 and 68 Apex Road - Official Plan Amendment, Zoning Amendment, Subdivision, and Site Plan Applications - Appeal Report | — | 2024.NY18.7 | — | Y | Y | Y | Y | <p>The Director, Community Planning, North York District recommends that:</p>
<p> </p>
<p>1. City Council authorize the City Solicitor and appropriate City staff to attend at the Ontario Land Tribunal hearing in opposition to the proposals in their current form, and to continue discussions with the applicant to address outstanding issues in advance of the hearing, including but not limited to those outlined in this report.</p>
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<p>2. In the event the Tribunal allows the appeals for 3140 and 3170 Dufferin Street and 60 and 68 Apex Road, in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal withhold its final Order approving the Official Plan Amendment, Zoning By-law Amendment, draft Plan of Subdivision, and Site Plan Control until such time as the City Solicitor confirms that:</p>
<p> </p>
<p style="padding-left: 30px;">a. the final form and content of the draft Official Plan Amendment and Zoning By-law amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">b. the owner has satisfactorily addressed matters from Engineering and Construction Services as contained in the Engineering and Construction Services Memorandum dated May 7, 2024, and any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;</p>
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<p style="padding-left: 30px;">c. the owner has submitted updated Phase Two Environmental Site Assessment Report, Hydrological Review Summary, Hydrogeological Investigation, Preliminary Geotechnical Investigation, Servicing Report Groundwater Summary, and Functional Servicing and Stage 1 Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">d. the owner has made satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">e. the owner has satisfactorily addressed the Transportation Services matters in the Engineering and Construction Services Memorandum dated May 7, 2024, and any outstanding issues raised by Transportation Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of the General Manager, Transportation Services;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">f. the owner has submitted updated Urban Transportation Considerations Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">g. 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 provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of the General Manager, Parks, Forestry and Recreation.</p>
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<p>3. Should it be determined that upgrades are required to the infrastructure to support the development at 3140 and 3170 Dufferin Street, and 60 and 68 Apex Road according to the accepted Functional Servicing and Stage 1 Stormwater Management Report, the 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 Chief Engineer and Executive Director, Engineering and Construction Services.</p>
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<p>4. City Council accept an on-site parkland dedication at 3140 and 3170 Dufferin Street, and 60 and 68 Apex Road, pursuant to Section 42 of the Planning Act, having a minimum size of 1,347 square metres, subject to the owner transferring the parkland to the City prior to the issuance of the first above grade building permit, free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.</p>
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<p>5. City Council approve a development charge credit at 3140 and 3170 Dufferin Street, and 60 and 68 Apex Road against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.</p>
<p> </p>
<p>6. In the event the Tribunal allows the appeals for 3180 Dufferin Street, in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal withhold its final Order approving the Official Plan Amendment, Zoning By-law Amendment, draft Plan of Subdivision and Site Plan Control until such time as the City Solicitor confirms that:</p>
<p> </p>
<p style="padding-left: 30px;">a. the final form and content of the draft Official Plan Amendment and Zoning By-law amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">b. the owner has satisfactorily addressed matters from Engineering and Construction Services as contained in the Engineering and Construction Services Memorandum dated August 30, 2024, and any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">c. the owner has submitted updated Phase One Environmental Site Assessment, Phase Two Environmental Site Assessment, Preliminary Geotechnical Investigation, Hydrogeological Assessment Report; Conceptual Site Servicing Plan, Conceptual Site Grading Plan, Subsurface Utlility Engineering Study, and Functional Servicing and Stage 1 Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">d. the owner has made satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">e. the owner has satisfactorily addressed the Transportation Services matters in the Engineering and Construction Services Memorandum dated August 30, 2024, and any outstanding issues raised by Transportation Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of the General Manager, Transportation Services;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">f. the owner has submitted updated Urban Transportation Considerations Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">g. the owner has satisfactorily addressed matters from the Tree Protection and Plan Review, Urban Forestry Memorandum dated September 9, 2024, and any outstanding issues raised by Urban Forestry, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of the General Manager, Parks, Forestry and Recreation;</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">h. the owner has satisfactorily addressed matters from the Transportation Planning email dated August 26, 2024, any outstanding issues raised by Transportation Planning, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of the Chief Planner and Executive Director, City Planning; and</p>
<p style="padding-left: 30px;"> </p>
<p style="padding-left: 30px;">i. the owner has satisfactorily addressed matters from the Toronto Transit Commission Memorandum dated August 19, 2024, any outstanding issues raised by the Toronto Transit Commission, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of the Toronto Transit Commission.</p>
<p> </p>
<p>7. Should it be determined that upgrades are required to the infrastructure to support the development at 3180 Dufferin Street according to the accepted Functional Servicing and Stage 1 Stormwater Management Report, the 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 Chief Engineer and Executive Director, Engineering and Construction Services.</p>
<p> </p>
<p>8. City Council accept an on-site parkland dedication at 3180 Dufferin Street, pursuant to Section 42 of the Planning Act, having a minimum size of 1,427.8 square metres, subject to the owner transferring the parkland to the City prior to the issuance of the first above grade building permit, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.</p>
<p> </p>
<p>9. City Council approve a development charge credit at 3180 Dufferin Street against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.</p>
<p> </p>
<p>10. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.</p> | <p>The Development Review Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.</p> | <p>3140 and 3170 Dufferin Street, and 60 and 68 Apex Road</p>
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<p>On August 21, 2021, applications for Zoning By-law Amendment (21 203752 NNY 08 OZ) and Draft Plan of Subdivision (21 121793 NNY 08 SB) were submitted at 3140 and 3170 Dufferin Street and 60 and 68 Apex Road (“Dufferin Plaza”) to permit a 9-storey residential building (31.4 metres excluding mechanical penthouse) and an 11-storey mixed use building (38.1 metres excluding mechanical penthouse) with a total of 606 residential dwelling units and 1,502 square metres of retail uses at grade. A 2,046 square metre park was proposed at the southwest corner of the site. The applications were deemed complete on September 13, 2021.</p>
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<p>On June 28, 2023, applications for Official Plan Amendment (23 164435 NNY 08 OZ) and Site Plan Control (23 164446 NNY 08 SA) were submitted to permit 22, 24, and 26-storey residential and mixed use buildings (71.9 metres, 78.4 metres, and 84.6 metres respectively, excluding mechanical penthouse) with 4-9 storey podiums and a total of 1,062 residential units and 1,215 square metres of retail uses at grade. The park was revised to 2,030 square metres and moved to the northwest corner of the site. The Site Plan Control application was deemed complete on June 29, 2023 and the Official Plan Amendment application was deemed complete on March 6, 2024.</p>
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<p>On July 19, 2024, the applicant appealed the Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Site Plan Control applications to the Ontario Land Tribunal due to Council, or its delegate, as the case may be, not making a decision within the prescribed time frame specified in the Planning Act (the “Appeals”). A Case Management Conference was held on September 25, 2024. The Ontario Land Tribunal has directed the parties to finalize a Procedural Order with Issues List before the second Case Management Conference scheduled for November 28, 2024.</p>
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<p>3180 Dufferin Street</p>
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<p>On March 1, 2021, applications for Zoning By-law Amendment (21 121792 NNY 08 OZ), Draft Plan of Subdivision (21 121793 NNY 08 SB), and Site Plan Control (21 250652 NNY 08 SA) were submitted for 3180 Dufferin Street (“Dean Myers GM”) to permit a 7-storey residential building (24.8 metres excluding mechanical penthouse) and a 10-storey mixed use building (33.6 metres excluding mechanical penthouse) with a total of 555 residential dwelling units and 1,464 square metres of retail uses at grade. A 1,448 square metre park and 724 square metre Privately Owned Public Space were proposed at the southwest corner of the site. The applications were deemed complete on April 1, 2021.</p>
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<p>On February 9, 2024, an application to amend the Official Plan (24 113657 NNY 08 OZ) was submitted to permit 18, 20, 23, and 25-storey residential and mixed use buildings (58.0 metres, 64.1 metres, 74.0 metres, and 79.9 metres respectively, excluding mechanical penthouse) with 6-9 storey podiums and a total of 1,180 residential units and 1,490 square metres of retail uses at grade. The park and Privately Owned Public Space were revised to 1,630 square metres and 656 square metres respectively. The application was deemed complete on May 24, 2024.</p>
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<p>On September 23, 2024, the applicant appealed the Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Site Plan Control applications to the Ontario Land Tribunal due to Council not making a decision within the prescribed time frame specified in the Planning Act (the “Appeals”). A Case Management Conference has not yet been scheduled for these appeals. Given the related nature of this site with the Dufferin Plaza site, the Ontario Land Tribunal has indicated that it open to the possibility of coordinating the timing of the first Case Management Conference for these applications with the second Case Management Conference for the applications related to Dufferin Plaza, once an Ontario Land Tribunal File Number has been assigned.</p>
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<p>The applications at 3140 and 3170 Dufferin Street, and 60 and 68 Apex Road, and the applications at 3180 Dufferin Street have been submitted by the same ownership group and function as a coordinated development proposal. As such, this report provides recommendations for all of these applications.</p>
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<p>This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal hearing in opposition to the proposal in its current form, and to continue discussions with the applicant to try to resolve the issues in advance of the hearing.</p> | 18 | 7 | CCOUNCIL | NY | 8 - Eglinton - Lawrence | N | 1731474000000 | … | Report | ACTION | Adopted | Main | — | — | Community Council | … | … | … | … | … | … | … | … | … | … | … | … | … | … | … | Decision information not found | false | Adopted | — | — | — |