Item - 2022.NY31.10

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 to amend the Official Plan and Zoning By-law for the lands at 48, 50, 56, 58 and 60 Avondale Avenue, 17 and 19 Bales Avenue and 25, 35, 37, 39, 41, 43, 45, 51, 53 and 55 Glendora Avenue 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-laws are 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 and Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor;

c. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; General Manager, Parks, Forestry and Recreation and the City Solicitor; and

d. City Council has approved the Rental Housing Demolition application (File No. 21 193226 NNY 18 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental dwelling units at 48, 50, 56, 58 and 60 Avondale Avenue, 17 and 19 Bales Avenue, and 25, 35, 39, 41,43, 45,51, 53 and 55 Glendora Avenue and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision.

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

On August 3, 2021, an Official Plan Amendment, a Zoning By-law Amendment and a Rental Housing Demolition application were submitted to permit the demolition of 16 existing detached dwellings and to permit the construction of three residential tall buildings with heights of 40, 37 and 26 storeys (124.25, 113.90, and 80.85 metres) containing a total of 1,046 residential units and with a total gross floor area of 74,928 square metres, resulting in a Floor Space Index of 10.58. The application was deemed complete on September 7, 2021.

On January 6, 2022 a revised application was submitted incorporating an additional property at 37 Glendora Avenue to the application. The revised application proposed to permit the construction of three residential tall buildings with heights of 42, 37 and 26 storeys (128.85, 114.10, and 81.05 metres) containing a total of 1,137 residential units and with a total gross floor area of 77,366.1 square metres. Despite the increase in floor area, the increased site area in the revised application results in a slight reduction in the Floor Space Index to 10.36.

On January 13, 2022, 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.

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.