Item - 2022.NY30.5

North York Community Council:

1. Deferred consideration of Item NY30.5 until the May 24, 2022 meeting of the North York Community Council.

On March 4, 2016, an application to amend the Official Plan and former City of North York Zoning By-law No. 7625 and a site plan control application were submitted to permit a 9-storey, 31.3 metre mixed-use building at 1326 and 1328 Wilson Avenue. The proposal would provide 1,811 square metres of retail and professional medical space on the 1st and 2nd floor, and 73 residential units and amenity space on floors 3 to 9. A shared driveway for the commercial and residential uses would lead to a 3-level below grade parking garage  providing 107 vehicular (11 for residential visitor and 34 for the retail/office component) and 67 bicycle parking spaces.

Since the original application submission, the proposal has been considered alongside the adjacent property at 1304, 1306 and 1308 Wilson Avenue; for which an Official Plan and Zoning By-law Amendment application has also been made for a proposed 10-storey, residential building with 90 apartment units, and 71 vehicular and 72 bicycle parking spaces (File # 18 268503 NNY 06 OZ).

On March 29, 2018, the applicant appealed the Official Plan and Zoning By-law Amendment applications and the Site Plan Control application to the Local Planning Appeals Tribunal (LPAT), now called the Ontario Land Tribunal ("OLT"), citing Council's failure to make a decision within the prescribed frames in the Planning Act.

As detailed in this report, the proposed development is overall 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 Official Plan, in particular to the policies for Avenues, Apartment Neighbourhoods, Natural Areas, Public Realm and Built Form and does not meet the intent of the performance standards of the Avenues & Mid-Rise Buildings Guidelines and Addendum.

This report reviews and recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal (OLT) hearing to oppose the applications in their current form, and to continue discussions with the applicant to resolve outstanding issues raised in this report.