Item - 2022.NY32.4

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate staff, to attend the Ontario Land Tribunal in opposition to the current Applications regarding the Official Plan and Zoning By-law Amendment and Site Plan Control appeals (Files 18 268503 NNY 06 OZ and 20 161382 NNY 06 SA) for the lands at 1304, 1306 and 1308 Wilson Avenue.

2. In the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) on the Official Plan and Zoning By-law Amendment appeal for the subject lands until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the final form and content of the Official Plan Amendment and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the Owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan and Zoning By-law Amendment application as set out in their memo dated June 11, 2021, or as may be updated, in response to further submissions filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has provided a revised Functional Servicing Report, Stormwater Management Report, Hydrogeological Report, Groundwater Report, Municipal Servicing Report and Grading Plan, and any other reports necessary in support of the development to the City to the satisfaction of, the Chief Engineer and Executive Director, Engineering and Construction Services to ensure the municipal water, sanitary and storm sewer systems can support the proposed development and to identify any required upgrades or improvements to existing municipal infrastructure;

d. in the event the updated Functional Servicing Report, Groundwater Report, Stormwater Management Report, or Hydrogeological Report identify any required upgrades to existing municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational prior to the issuance of any above grade building permit, any upgrades or required improvements, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

e. the owner has entered into an Agreement pursuant to Section 37 of the Planning Act to secure Community benefits and other appropriate services, facilities, and/or matters, as may be required by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and such agreement shall be registered on title to the subject lands to the satisfaction of the City Solicitor; or made other satisfactory arrangements to secure appropriate community benefits to the satisfaction of the City Solicitor.

3. City Council authorize the City Solicitor and appropriate City Staff to continue discussions with the applicant and resolve the issues outlined in the report (February 3, 2022) from the Director, Community Planning, North York District.

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

On December 14, 2018, applications to amend the Official Plan and former City of North York Zoning By-law No. 7625 were submitted to permit a 10-storey, 32 metre residential building at 1304, 1306 and 1308 Wilson Avenue. In support of the Official Plan and Zoning By-law Amendment applications, the applicant also submitted an application for Site Plan Approval on June 29, 2020.

The proposal would provide 90 rental residential units including five two-storey townhouse style units at grade along Wilson Avenue. Amenity space is proposed at the rear and on the tenth storey rooftop of the building. A driveway at the west side of the building would lead to a 2-level below grade parking garage providing 71 vehicular and 72 bicycle parking spaces.

Since the application submission, the proposal has been considered alongside the adjacent property at 1326 and 1328 Wilson Avenue, for which an Official Plan and Zoning By-law Amendment application has also been made for a proposed 9-storey, mixed-use building with 73 residential units and retail and medical office uses (File # 16 123717 NNY 09 OZ).

On June 14, 2021, 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  prescribed time frames in the Planning Act. A Case Management Conference has not yet been rescheduled.

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.