a) That Staff Report SRPBS.23.040 be received for information purposes;
b) That the Ontario Land Tribunal (OLT) be advised that Council supports the Settlement Offer dated November 18, 2023 submitted by 4Q Commercial WP Inc. for lands known as 11160 and 11172 Yonge Street, (City Files:D01-20013 and D02-20025), for the primary reasons outlined in Staff Report SRPBS.23.040, subject to the following:
i) that the OLT be requested to approve the implementing Official Plan Amendment substantially in accordance with the document contained in Appendix “B” to Staff Report SRPBS.23.040;
ii) that the OLT be requested to approve the implementing Zoning By-law Amendment substantially in accordance with the document contained in Appendix “C” to Staff Report SRPBS.23.040;
iii) that the OLT be requested to withhold the issuance of its Final Order with respect to the revised Official Plan and Zoning By-law Amendments until such time as the City advises the Tribunal that the implementing Official Plan and Zoning By-law Amendments have been finalized, and the following Conditions of Approval have all been cleared, to the satisfaction of the Commissioner of Planning and Building Services:
a. the applicant has addressed all of the outstanding comments from the Toronto and Region Conservation Authority (TRCA) (refer to Appendix “D”) to the satisfaction of the TRCA;
b. the applicant has submitted an updated Functional Servicing Report addressing the servicing requirements for the proposed development based on the revised unit count;
c. the applicant has submitted an updated Transportation Impact Study;
d. the applicant has submitted an updated Natural Heritage Evaluation or Addendum, Tree Inventory and Protection Plan and Arborist Report, recommending, amongst other matters, the revised dripline for the significant woodland, a 10 metre minimum vegetation protection zone to the revised dripline, and restoration planting therein;
e. that the Natural Heritage lands and their associated buffers as shown on the revised plans, be placed in an appropriate Open Space (OS) Zone or Flood (F) Zone; and,
f. the applicant provides updated architectural plans demonstrating that all access routes shall maintain a 4.6 metre minimum vertical clearance, loading areas for waste collection that have a 6.5 metre vertical clearance and showing the height of roll-up doors, and providing revised truck maneuvering diagrams from loading areas.
c) That upon the recommendation of the Commissioner of Planning and Building Services, the Mayor and City Clerk be authorized to enter into Minutes of Settlement and any further agreements or documentation as necessary to implement the Settlement Offer dated November 18, 2023;
d) That pursuant to Section 34(17) of the Planning Act, Council deems that no further notice be required with respect to any necessary modifications to the implementing Zoning By-law Amendment for the proposed development;
e) That the authority to assign servicing allocation to the proposed development on the subject lands be delegated to the Commissioner of Planning and Building Services subject to the criteria in the City’s Interim Growth Management Strategy, and that the assigned servicing allocation be released in accordance with the provisions of By-law 109-11, as amended; and,
f) That appropriate City staff be directed to appear at the Ontario Land Tribunal as necessary in support of Council’s position concerning the subject applications.