Item - 2022.NY31.8

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 Zoning By-law Amendment appeal for the lands at 500 Duplex 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 appeal in whole or in part, City Council authorize the City Solicitor to request that the Tribunal withhold the issuance of any final Order(s) until such time as the Tribunal has been advised by the City Solicitor that:

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

b. where applicable, community benefits and other matters in support of the development are to be 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

c. the owner has, at the owner's expense:

1. submitted a revised Functional Servicing Report including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Review, including the Foundation Drainage Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

2. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;

3. made satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of new infrastructure or any improvements to the municipal infrastructure, should it be determined that new infrastructure and/or upgrades/improvements are required to the existing infrastructure to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure;

4. submitted a revised Traffic Impact, Parking and Loading Study to the satisfaction of the General Manager, Transportation Services and that such matters arising from such study, be secured if required;

5. submitted a revised Transportation Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the General Manager, Transportation Services and that such matters arising from such study, be secured if required; and

6. secured, in one or more agreements addressing appropriate rental housing matters and improvements to the existing rental housing.

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

On July 7, 2021, a Zoning By-law Amendment application was submitted for two infill residential rental buildings of 11-storeys (37.4 metres) and 15-storeys (48.4 metres) in height with 5 metre tall mechanical penthouses, resulting in an additional 45,416 square metres of residential gross floor area on the subject site in addition to the existing 34-storey rental apartment building which would remain. The existing building contains 330 units (with 11 units to be demolished) and the proposed 11-storey building would contain 311 units while the 15-storey building would contain 310 units, all resulting in a total of 940 units. The application was deemed complete as of July 7, 2021.

On February 16, 2022, the Applicant appealed the Zoning By-Law Amendment Application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the 90-day time frame under 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.