Item - 2022.NY29.7

North York Community Council recommends that:

1. City Council refuse the application for Official Plan Amendment for the lands at 537, 539, 541 and 543 Eglinton Avenue East for the reasons outlined in the report (December 9, 2021) from the 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 Official Plan Amendment application is appealed to the Ontario Land Tribunal.

3. In the event that the Ontario Land Tribunal allows the appeals 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 the proposed Official Plan Amendment is in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.     

A stand-alone Official Plan Amendment (OPA) application has been submitted as part of the development proposal for 537, 539, 541 and 543 Eglinton Avenue East.  This application relates to Zoning By-law Amendment application No. 21 191659 NNY 15 OZ which was refused by City Council in November 2021 and has since been appealed to the Ontario Land Tribunal (OLT). 

This application proposes to amend the Yonge-Eglinton Secondary Plan (Policy 5.4.3) to exempt the subject site from the anticipated height range of 8 to 12 storeys, with the exception of the lands within approximately 250 metres of the Mount Pleasant LRT Station, within which heights of generally 15 to 20 storeys are anticipated in the Eglinton East Character Area (Attachment 4).  The proposed OPA states:

"The lands subject to Site and Area Specific Policy N. XX are exempt from Policy 5.4.3(c) of the Yonge-Eglinton Secondary Plan, which permits 8 to 12 storeys in the Eglinton East Character Area, with the exception of lands within approximately 250 metres of the Mount Pleasant LRT Station, within which heights of generally 15 to 20 storeys are anticipated."

It is of note that per the same policy (Policy 5.4.3), explicitly states that an Official Plan Amendment will not be required in order to achieve a greater or lesser height.  The proposed height was only one issue in staff's basis for recommending refusal to City Council.  Staff also noted that, due to the size of the subject site, that it was not an appropriate location for the development of a tall building. 

The proposed OPA is unnecessary and inappropriate with respect to the interpretation of Policy 5.4.3 of the Yonge-Eglinton Secondary Plan.  Therefore, for the reasons outlined in this report, it is recommended that the OPA application be refused.