Item - 2022.NY33.14

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 Zoning By-law Amendment appeal and the Draft Plan of Subdivision Approval appeal for the lands at 1 to 3 Concorde Gate and 10 to 12 Concorde Place 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 Zoning By-laws are to the satisfaction of the City Solicitor and the 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;

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

d. the City has 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 Conditions of Draft Plan Approval respecting the proposed 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. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On July 15, 2021,  a Zoning By-law Amendment application was submitted to permit the redevelopment of the lands with five residential buildings consisting of nine towers ranging in height from 40 to 52 storeys. A total of 4,086 dwelling units are proposed. The proposal also includes some non-residential uses at grade. Two public parks and 437 square metres pf community space are also proposed as part of the development. The proposal has an overall density of 9.95 for the lands.

On July 15, 2021, a Plan of Subdivision application was submitted in order to create the development blocks and the new public infrastructure, including two new public parks located at the north and south ends of the site fronting onto Concorde Place, which will have a combined area of 3,690 square metres, and a new L-shaped public street that is proposed to bisect the 10-12 Concorde Place property in a north-south direction.

On January 28, 2022, the Applicant appealed both the Zoning By-law Amendment and Plan of Subdivision applications to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 120-day time frame in the Planning Act (OLT Lead Case No: OLT-22-002185).

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.