Item - 2022.NY33.15

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 for the lands at 175 Wynford Drive 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 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 Applicant provides confirmation that the building envelope is outside of the required top-of bank setback from the ravine to the north of the site, to the satisfaction of the Toronto and Region Conservation Authority;

d. the Applicant has submitted a revised Arborist report and detailed landscape plans and addressed the outstanding issues from the Urban Forestry memo dated August 10, 2021, and the Urban Forestry- Ravine and Natural Feature Protection memo dated July 28,2021, to the satisfaction of the General Manager, Parks Forestry and Recreation;

e. the Applicant has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application as set out in their memorandum dated August 11, 2021 or as may be updated in response to further submission(s) filed by the Applicant, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

f. the Applicant has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services.

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

On September 25, 2020, a Zoning By-law Amendment application was submitted to permit the redevelopment of the lands with four residential and mixed-use buildings ranging from 45 to 54 storeys in height, containing 2,750 dwelling units, 10,082 square metres of non residential floorspace for a hotel, retail uses and a daycare centre. A total of 1,558 parking spaces were proposed to be accommodated within 6 levels of underground parking.

On June 20, 2021 the applicant submitted a revised proposal to permit the redevelopment of the lands with three residential and mixed-use buildings with heights of 55, 59 and 65 storeys. The proposal includes a total of 2,500 dwelling units, 1,791 square metres of retail space, hotel and a daycare centre. The proposal has an overall proposed density of 12.4 times the area of the lot.

On July 30, 2021, the Applicant appealed the revised Zoning By-law Amendment application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 120-day time frame in the Planning Act (OLT Case No: OLT-21-001257).

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.