Item - 2022.NY30.8

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 Application regarding the Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision Approval appeals for the lands at 5800 Yonge Street and to continue discussions with the Applicant in an attempt to resolve outstanding issues.

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 Official Plan and Zoning By-law amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has addressed the outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications identified in the Memorandum dated April 6, 2020, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

d. the Conditions of Draft Plan Approval respecting the proposed Draft Plan of Subdivision are in a form and content acceptable to the Chief Planner and Executive Director, City Planning, prepared in consultation with the City Solicitor and appropriate City Divisions.

3. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council 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.

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

On January 31, 2020, an Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications were submitted to permit the development of 34 and 37 storey residential towers on individual base buildings, and 37 and 44 storey residential towers linked by a 2 and 4 storey base building containing residential, retail and office uses. The application proposes to provide two new public streets: a portion of a north-south extension of Beecroft Road with a 26 metre wide right-of-way, and a new east-west street with a 20 metre wide right-of-way linking Yonge Street and the future Beecroft Road extension. The applicant is also proposing a new public park located on the west side of the future Beecroft Road which would be combined with the parkland dedication on the lands to the north to create a larger consolidated public park.

The applications propose a total gross floor area of 117,826.9 square metres (111,188.0 square metres of residential, 4,601.7 square metres of office, 1,255.6 square metres of retail, and 781.5 square metres of daycare) with a Floor Space Index of 3.6 times the area of the lot. The applications were deemed complete on February 25, 2020.

On August 31, 2021, the applicant filed an appeal with the Ontario Land Tribunal ("OLT") on the application due to Council not making a decision within the 120-day time frame in the Planning Act. The applicant's appeal letter advises the OLT that they will be requesting approval of a revised proposal which has not yet been submitted to the City for circulation and review by staff.

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