Item - 2022.NY33.18

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 1181 Sheppard Avenue East 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 Order 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 City Solicitor and the Chief Planner and Executive Director, City Planning;

b. 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; and

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.

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

On December 23, 2019, an Official Plan and Zoning By-law Amendment application was submitted to amend the Sheppard East Subway Corridor Secondary Plan Map 9-2 and the former City of North York Zoning By-law No. 7652 and Zoning By-law 1094-2002, as amended by Zoning By-law 961-2009, for the property at 1181 Sheppard Avenue East. The proposal is to permit a mixed use development comprised of a 22-storey tower (89.15 metres) with 39,033 square metres of office space, and a 33-storey residential tower (105.7 metres) with 452 residential units connected by a  5-storey (19 metre) podium

On November 19, 2021, the Applicant appealed the application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 120-day time frame in 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.