Item - 2021.NY27.7

North York Community Council recommends that:

1. City Council refuse the application for Zoning By-law Amendment for the lands at 537, 539, 541 and 543 Eglinton Avenue East for the reasons outlined in the report (September 23, 2021) from the Acting Director, Community Planning, North York District.

2. City Council authorize the City Solicitor, together with appropriate staff, to appear before the Ontario Land Tribunal in support of City Council’s decision to refuse the application, in the event that the application is appealed.

3. In the event that the refusal is appealed and the Ontario Land Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request that the Tribunal withhold its Order until such time as the Tribunal has been advised by the City Solicitor that:

a. the form and content of the Zoning By-law Amendments are satisfactory to the Acting Director, Community Planning, North York District and City Solicitor;

b. the owner has addressed any issues arising from the technical review of the July 29, 2021 submission identified as part of Engineering and Construction Services review of the file, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

c. the Owner has provided any outstanding materials, including, but not limited to: a satisfactory Geotechnical Study, Hydrogeological Report, Transportation Impact Study and Functional Servicing Reports, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; and

d. the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from such study be secured if required.

4. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

This application proposes to amend City of Toronto Zoning By-law Nos. 438-86 and 569-2013 for the lands at 537, 539, 541 and 543 Eglinton Avenue East to permit a 23-storey (72.6 metre) high residential building with a 7-storey base building that measures 23.1 metres in height.  The proposal contains a total of 128 dwelling units and a total gross floor area of 9,073 square metres, resulting in a density of 16.58 times the lot area.  A total of 37 vehicular parking spaces are proposed in two levels of underground parking.

The proposed development represents overdevelopment of the site and is not consistent with the Provincial Policy Statement (2020), does not conform with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and does not conform to the City's Official Plan and the Yonge-Eglinton Secondary Plan.

This report reviews and recommends refusal of the application to amend the Zoning By-law. The subject site is not an appropriate location for the development of a tall building. The proposal does not conform to the Official Plan and Yonge-Eglinton Secondary Plan policies and the Tall Building Guidelines. The proposed development cannot achieve appropriate tower setbacks nor stepbacks; does not maintain adequate access to sunlight on the public realm; lacks sufficient open space and landscaping on site; is not providing pet amenity area; and proposes a 7-storey base building height that does not conform to the Yonge-Eglinton Secondary Plan. 

The proposed tower fails to fit within its existing and planned context. The proposed tower at 23-storeys significantly exceeds the anticipated 8 to 12 storey height range for the Eglinton East Character Area and is unacceptable. 

A virtual community consultation meeting has been scheduled for October 18, 2021.  A supplementary report will be sent to City Council reporting on the outcome of the community consultation meeting prior to Council consideration of this application.

Therefore, for the reasons outlined in this report, it is recommended that the application be refused and in the event that the matter is appealed to the Ontario Land Tribunal, that the City Solicitor and appropriate staff oppose the appeal.