Item - 2021.NY28.5

North York Community Council recommends that:

1. City Council amend Zoning By-law 64-2021(LPAT), as amended by Zoning By-law 75-2021, for Phase 2 of the 5799 to 5915 Yonge Street, 45 and 53 Cummer Avenue, and 46 and 47 Averill Crescent development to remove the Holding provision "(H)" substantially in accordance with the draft Zoning By-law Amendment in Attachment 1 to the report (November 1, 2021) from the Director, Community Planning, North York District.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

This application proposes to lift the Holding provision "(H)" for the Phase 2 lands of the 5799 to 5915 Yonge Street, 45 and 53 Cummer Avenue, and 46 and 47 Averill Crescent development.  The Holding provision "(H)" for Phase 3 of the subject lands will continue to apply.  The lifting of the "(H)" for Phase 2 will permit the development of a mixed-use building with a total gross floor area (GFA) of 66,838.9 square metres, consisting of 63,152.3 square metres of residential GFA, 58.6 square metres of retail GFA and 3,628.0 square metres of commercial GFA.

The mixed-use building contains two towers on a shared podium. One tower will be 34 storeys (106.3 metres excluding the mechanical penthouse) and the other tower will be 40 storeys (123.5 metres excluding the mechanical penthouse). 

Phase 2 also includes a minimum 5190 square metre, City-owned community recreation facility, including a daycare of 900 square metres, and an abutting 300 square metres of outdoor play space as required by the zoning by-law and the Section 37 agreement.

The development was approved on May 2nd, 2019, by the Local Planning Appeal Tribunal (Case No. PL140111) (the "LPAT", now called the Ontario Land Tribunal or "OLT") under City file number 11 287471 NNY 24 OZ, including the Holding provision.

The development of Block 2 is contingent on the lifting of the Holding provision.  Section 9 of By-law No. 64-2021 (LPAT) requires the clearance of conditions, which are outlined further in this report.  These conditions have been cleared to the satisfaction of Engineering and Construction Services, Transportation Services and City Planning.

This report reviews and recommends approval of the application to amend the Zoning By-law by lifting the Holding provision "(H)" on the Phase 2 lands as the proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and also conforms to the City's Official Plan.