On April 28, 2022, the City received a combined Official Plan Amendment and Zoning By-law Amendment application for a development at 4884-4896 Dundas Street West (the “Site”) to permit a 12-storey mixed-use building containing 225 residential units and 1214 square metres of retail space at-grade (the “Original Proposal”). On June 15, 2023, the applicant submitted a revised application to permit a 29-storey mixed-use building containing 395 residential units and a total of 1322 square metres of at-grade retail space (the “Appealed Proposal”). On June 23, 2023, the applicant appealed City Council's neglect or failure to make a decision on its application for the Official Plan Amendment and the Zoning By-law Amendment (the “Appeal”), to the Ontario Land Tribunal. The Ontario Land Tribunal held the first Case Management Conference on September 28, 2023 and a second Case Management Conference took place on February 20, 2024. A hearing is scheduled for June 17 to 21, 2024. On July 20, 2023, the on-site heritage resource at 4888 Dundas Street West was designated under Part IV of the Ontario Heritage Act through Designation By-law 733-2023. At its meeting of February 6 and 7, 2024, City Council directed the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the applications regarding the Official Plan and Zoning By-law Amendment and to continue discussions with the applicant to resolve outstanding issues. On March 8, 2024, the applicant made revisions to the application, which were submitted to the City on a With Prejudice, not confidential, basis from the applicant's lawyers, Stikeman Elliott LLP (the “Initial Settlement Offer”). The Initial Settlement Offer included an application under Section 33 of the Ontario Heritage Act to alter the on-site heritage resource (the “Heritage Application”). On April 3, 2024, following discussions with City staff, the applicant made further revisions to the proposal and the City received a further With Prejudice, not confidential, settlement offer from the applicant's lawyers, which is attached as Public Attachment 1 (the “Settlement Offer”). The Settlement Offer contains revised plans and specific commitments they will deliver through the revised development (the “Revised Plans”). No changes to the Heritage Application were necessitated as a result of the Settlement Offer and Revised Plans, as the proposed built form with the potential to impact heritage attributes remained unchanged from the Initial Settlement Offer. The proposed alterations and conservation strategy for the designated heritage building also remained unchanged. Should City Council accept the Settlement Offer, the applicant intends to present the Revised Plans to the Ontario Land Tribunal for approval. This matter is urgent because the City Solicitor requires further directions on the revised application in advance of the upcoming Ontario Land Tribunal hearing scheduled for June 17 to 21, 2024.
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