2024.NY11.6Amend Law

1053 Don Mills Road, 2, 4, 4R, and 6 The Donway East Zoning By-law Amendment, Plan of Subdivision, and Site Plan Applications - Appeal Report

Mar 20, 2024
Description

On October 8, 2021, Zoning By-law Amendment and Plan of Subdivision applications were submitted to permit four residential buildings that were proposed to be 32 storeys (Building A), 28 storeys (Building D), 24 storeys (Building B), and 16 storeys (Building C) in height. The proposal contained a total of 1,185 dwelling units, including 160 rental replacement units and 34 market rental units, as well as a public park, a public road, and a privately-owned-publicly accessible space (POPs). On April 28, 2023, an associated Site Plan Application was submitted, as well as a resubmission for the aforementioned Zoning By-law Amendment and Plan of Subdivision applications. The submissions reflect a revised proposal consisting of reduced heights of 29 stories for Building A, 25 stories for Building D, and 12 stories for Building C. The revised proposal also includes an increased gross floor area from 80,731 square metres to approximately 84,023 square metres as a result of changes made to the building massing, a decreased total number of dwelling units from 1,185 units to 1,176 units, including an additional 16 market rental units (the 160 replacement rental units remains unchanged), as well as various other changes to the building layout and massing, the configuration of the proposed privately-owned-publicly accessible space, and public park. There are four 4-storey rental buildings on the site containing 160 residential rental units which would be demolished and are proposed to be replaced within the new development. This is subject to the related Rental Housing Demolition application, which is under review. On October 20, 2023, the Applicant appealed all applications to the Ontario Land Tribunal (“OLT”) due to Council not making a decision within the time frame in the Planning Act. A Case Management Conference was held on January 19, 2024. No hearing dates have been set to date. A second case management conference has not yet been scheduled. It is anticipated that a procedural order would be established to determine the sequencing of the various appeals to resolve the Zoning amendment matters prior to the Plan of Subdivision and Site Plan Control matters. This report recommends that the City Solicitor with the appropriate City staff attend the Ontario Land Tribunal hearing to oppose the applications in their current form and to continue discussions with the Applicant to resolve outstanding issues.

Decided at
City Council - Meeting number 16
Mar 20, 2024
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