Item - 2022.NY29.5

North York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current Applications regarding the Zoning By-law Amendment and Site Plan Control appeals for the lands at 1710 to 1736 Bayview Avenue.

2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment and Site Plan Control applications as set out in their memo dated April 9, 2021 or as may be updated in response to further submission(s) filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the reports will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required;

d. the Owner has provided a subsurface investigation into the possible presence of methane gas at the property, to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the Owner has entered into a financially secured agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

f. the Owner has entered into an Agreement pursuant to Section 37 of the Planning Act to secure appropriate services, facilities, and/or matters, as may be required by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and such agreement shall be registered on title to the subject lands to the satisfaction of the City Solicitor; or made other satisfactory arrangements to secure appropriate community benefits to the satisfaction of the City Solicitor;

g. the Owner has submitted a complete resubmission of the application to be circulated to relevant divisions and agencies and all revisions and identified pre-approval conditions through the circulation process have been met for the Site Plan Control application, to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. 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;

i. the Owner has submitted a Rental Housing Demolition Application under Chapter 667, Residential Rental Property Demolition and Conversion Control, of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to the satisfaction of the Chief Planner and Executive Director, City Planning; and

j. the Owner has developed a tenant relocation and assistance plan to mitigate hardship for existing tenants and entered into, and registered on title to the lands at 1712,1726 to 1730 and 1734 Bayview Avenue, one or more agreements, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure such tenant relocation and assistance plan and any other rental housing-related matters to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address the issues outlined in the report (December 1, 2021) from the Director, Community Planning, North York District.

4. City Council direct the City Solicitor and appropriate staff to work with the community and the applicant to maximize green space on-site and preserve the mature trees at the rear property line.

5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On June 8 2020, a Zoning By-law Amendment and Rental Housing Demolition Application were submitted for the properties at 1718 to 1734 Bayview Avenue. A preliminary report was adopted by North York Community Council on September 10, 2020.

Since the time of the original application submission, the proposal has been revised to include five additional properties at 1710, 1712, 1714, 1716 and 1736 Bayview Avenue. The revised address now includes the properties municipally known as 1710 to 1736 Bayview Avenue and the revised application now proposes a nine-storey residential building fronting onto Bayview Avenue and 12 live-work units also facing Bayview Avenue.

On May 6, 2021, the applicant appealed the Zoning By-law Amendment application and on June 7, 2021 the applicant appealed the Site Plan Control application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 90-day and 30-day time frames in the Planning Act.

The proposed development is not consistent with the Provincial Policy Statement (2020), and does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). The proposal does not conform to the City's Official Plan, in particular the Mixed Use Areas designation, Public Realm, and Built Form policies, as well as the Yonge-Eglinton Secondary Plan (OPA 405).

The proposed development is not providing appropriate transition to the Neighbourhoods to the west, or providing retail uses at-grade and a public laneway as per the Secondary Plan policies. Amongst other matters, the proposed mid-rise building does not met the 45 degree angular plane from the rear; lacks sufficient indoor and outdoor amenity space; is not meeting the intent of the City's Mid-Rise Guidelines; and is not providing an adequate amount of large units per the Growing Up Guidelines. In addition, the application does not have a satisfactory Functional Servicing Report to address servicing issues and the proposed parking ratio has not been sufficiently justified.

This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the OLT hearing and oppose the applications in their current form and to continue discussions with the Applicant to resolve outstanding issues.