Item - 2022.NY32.6

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 and Zoning By-law Amendment appeal for the lands at 3377 Bayview 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 to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. 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;

c. the City has advised that a wind tunnel study has been submitted and any building envelope changes to address the findings are made to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the confirmation of water, sanitary and stormwater capacity from the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law amendment; and

e. the Executive Director, Housing Secretariat has entered into, on behalf of the City, a municipal housing project facility agreement (the "Contribution Agreement") with Tyndale University and Markee Developments for the development of the affordable housing to be constructed on the lands known as 3377 Bayview Avenue, to secure the financial assistance being provided and to set out the terms of the operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form approved by the City Solicitor.

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

On June 13, 2021, an Official Plan and Zoning By-law Amendment application was submitted to permit a development consisting of 15 residential buildings occurring in three phases of development. The application was revised on January 4, 2022 and the current application proposes14 residential buildings, the majority of which range in height from 6-storeys (20 metres) to 8-storeys (26 metres), with three buildings having heights of 11 storeys (35 metres), 15 storeys (47 metres), and 20-storeys (62 metres).  The applicant proposes 84,650 square metres of residential gross floor area, resulting in 1,530 residential units, of which 50% are proposed to be affordable rental, and 50% are proposed to be market rental. A total of 667 square metres of new non-residential gross floor area is proposed, including a daycare, cafe, and flexible use spaces. A new 18.5 m wide public street is proposed at the south end of the site connecting to Bayview Avenue at the existing signalized intersection. The northern portion of street connecting to Bayview Avenue is proposed to be a private street with a width of 18.5m, with a new proposed signalized intersection on Bayview Avenue. The majority of the existing Tyndale University building is proposed to be retained, and would continue to operate. Tyndale University would continue to own the entire lands, including the proposed residential.

A Plan of Subdivision application was also submitted to create a new public street, 4 proposed development blocks and two park blocks. 

On March 3, 2022, the Applicant appealed the Official Plan and Zoning By-law Amendment applications to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the time frame prescribed in the Planning Act.  The plan of subdivision application has not been appealed to the OLT.

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.