Item - 2019.NY6.8

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Local Planning Appeal Tribunal hearing to oppose the Official Plan and Zoning By-law Amendment (17 208789 NNY 24 OZ) applications in their current form.

2. City Council direct City staff to continue to negotiate with the applicant to resolve the outstanding issues identified in the report (May 13, 2019) from the Director, Community Planning, North York District.

3. In the event that the Local Planning Appeal Tribunal approves the applications in whole or in part, City Council authorize the City Solicitor to request that the Local Planning Appeal Tribunal withhold its Order approving the applications until such time as:

a. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Official Plan and Zoning By-law amendments are in a form satisfactory to the Chief Planner and City Solicitor, and that they, amongst other matters, provide for the securing of the rental tenure of the proposed rental units and any other necessary matters;

b. the City Solicitor confirms the satisfactory execution and registration of a Section 37 Agreement between the owner and the City, satisfactory to the Chief Planner to secure community benefits to be provided under the authority of Section 37 of the Planning Act;

c. the City Solicitor confirms that the owner has provided an updated Functional Servicing Report to the satisfaction of Engineering and Construction Services and that the owner  has made arrangements satisfactory to Engineering and Construction Services for the construction of any improvements to municipal infrastructure identified in the updated Functional Servicing Report should it be determined that upgrades are required to the infrastructure to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary improvements to the municipal infrastructure; and

d. the City Solicitor confirms that the owner has provided all necessary financial securities for transportation improvements in the area, including signal modifications and/or upgrades, and the installation of new signals at Bayview Mews and/or Hawksbury Road to the satisfaction of Engineering and Construction Services.

4. Should the Local Planning Appeal Tribunal approve the applications, City Council direct the City Solicitor to advise the Local Planning Appeal Tribunal that the zoning by-law should not be approved without the provision of such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be considered appropriate by the Chief Planner in consultation with the applicant and the Ward Councillor.

At its meeting on May 22, 2019, the North York Community Council also considered the report (May 21, 2019) from the Director, Community Planning, North York District, which confirms the proposal does conform with the "A Place to Grow" Plan, 2019.

This application by QuadReal Properties Group, on behalf of the owner bcIMC Realty Corporation, proposes to amend the Official Plan, Sheppard East Subway Corridor Secondary Plan, and the Zoning By-law to increase the permitted height and density at 2901 Bayview Avenue and 630 Sheppard Avenue East. The proposed amendments seek to permit the redevelopment of the site with three mixed-use buildings (6 – 19 storeys) and a retail expansion to the existing shopping centre in the north area of the site, two mixed-use buildings (28 and 33 storeys) connected by an six storey podium in the south area of the site, and a five level parking garage internal to the site.  A total of 1,036 dwelling units are proposed as part of the full build out of the site.

An amendment to the Official Plan is required to amend the Sheppard East Subway Corridor Secondary Plan to permit the proposed tall building height along the north portion of the site and the proposed density of 1.71 across the whole of the subject lands. An amendment to the former City of North York Zoning By-law No. 7625 and the City-Wide Zoning By-law No. 569-2013 is required to permit the proposed location and amount of residential apartment units, height and density on the lands, and to create appropriate development standards to facilitate the proposed development.

Both the Official Plan and Zoning By-law amendment applications have been appealed to the Local Planning Appeal Tribunal (LPAT) on the basis that the City failed to make a decision within the prescribed time period set out in the Planning Act. This report recommends that the City Solicitor, together with City Planning staff, and other appropriate City staff, attend the LPAT hearing in opposition to the current proposal. It is also recommended that staff continue to work with the applicant in an attempt to resolve the outstanding issues with the application.

The LPAT held a pre-hearing on October 17, 2018.  At that time the applicant, parties, and participants were identified, file status was discussed, and next steps and milestone dates were determined.

A second Pre-hearing was held by teleconference on April 24, 2019. The applicant, the City, and all other parties to the hearing were part of the teleconference.  Timing for the City reporting out on the November 2018 submission were established.  A third  Pre-hearing Conference was set by the LPAT to take place on June 26, 2019 at which time a procedural order will be finalized, including the provision of an issues list by the City.

On May 2, 2019, the Province of Ontario released A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 ("A Place to Grow") Plan which amends the Growth Plan for the Greater Golden Horseshoe (2017).  The "A Place to Grow" Plan has come into effect on May 16, 2019 and all planning decisions are required to conform to it, on or after May 16, 2019.  Planning staff have reviewed the proposed development with respect to the "A Place to Grow" Plan and can advise that:

For this proposal, the relevant policies of the "A Place to Grow" Plan carry on the direction of the Growth Plan for the Greater Golden Horseshoe (2017) and the proposal in its current form partially conforms to the Growth Plan policies.  However, the proposal in its current form does not conform to the policies in way that comprehensively implements the Growth Plan, 2019.