Item - 2021.NY28.3

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate staff, to oppose the application at the Ontario Land Tribunal in its current form.

2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant, to address the issues outlined in the report (November 1, 2021) from the Director, Community Planning, North York District and to report back to City Council on the outcome of those discussions, including with regard to community benefits to be secured pursuant to Section 37 in connection with any revised proposal, as appropriate.

3. City Council, should the Ontario Land Tribunal approve the Official Plan and Zoning By-law amendments, authorize the City Solicitor to request that the Ontario Land Tribunal withhold its Final Order approving the application until such time as:

a. the Ontario Land 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 City;

b. the City Solicitor confirms that a Section 37 Agreement satisfactory to the City Solicitor and Chief Planner and Executive Director, City Planning has been executed and registered to secure appropriate community benefits and other matters in support of the development;

c. the City Solicitor confirms that the owner has addressed the outstanding issues identified in the memorandum dated February 3, 2021 from the Manager, Development Engineering, Engineering and Construction Services, including an updated Functional Servicing and Stormwater Management Report that addresses staff's concerns;

d. the City Solicitor confirms that the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, and Geohydrology Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing and Stormwater Management Report, and Geohydrology Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

e. the City Solicitor confirms that the implementation of the Functional Servicing and Stormwater Management Report and Geohydrology Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services.

4. City Council, should the Ontario Land Tribunal approve the application, approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. Such development charge credit shall be in an amount that is the lesser of the cost to the applicant of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

This application proposes to amend the Official Plan and former City of North York Zoning By-law 7625 for the property at 5203 to 5215 Yonge Street and 11 Parkview Avenue to permit a thirty-two storey (105.1 metres) mixed use building.

The applicant has appealed the application to the Ontario Land Tribunal (the "OLT") due to City Council's failure to make a decision within the timeframe prescribed in the Planning Act. A second Case Management Conference has been scheduled for January 26, 2022.

This report recommends that the City Solicitor, together with City Planning and other appropriate staff, attend the OLT hearing in opposition to the application. It also recommends that staff continue to have discussions with the applicant in an effort to resolve the issues outlined in this report and to report back to City Council on the outcome, as appropriate.