Item - 2023.NY1.4

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 Applications regarding the Zoning By-law Amendment and Site Plan Control appeals for the lands at 1837-1845 Bayview Avenue.

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-law are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has submitted architectural plans and landscaping plans reflecting the proposal as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the owner 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 and that such matters arising from such study be secured if required;

e. the owner has satisfactorily addressed the Transportation Services matters in the Engineering and Construction Services Memorandum dated December 30, 2021, and matters that may arise during the course of the applications, all to the satisfaction of the General Manager, Transportation Services;

f. the owner has satisfactorily addressed matters from Engineering and Construction Services and Solid Waste Management Services, in the Engineering and Construction Services Memorandum dated December 30, 2021, and matters that may arise during the course of the applications, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Solid Waste Management Services;

g. the owner has submitted a Subsurface Investigation for the possible presence of methane gas on the property and any required mitigation measures to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

h. the owner has satisfactorily addressed matters from the Metrolinx memorandum dated March 10, 2022 and matters that may arise during the course of the applications, all to the satisfaction of the Metrolinx;

i. the owner has satisfactorily addressed matters from the Toronto Transit Commission memorandum dated June 21, 2022 and matters that may arise during the course of the applications, all to the satisfaction of the Toronto Transit Commission; and

j. the owner has submitted a complete resubmission of the applications to be circulated to relevant divisions and agencies and all revisions and identified pre-approval conditions through the circulation process have been met for the Site Plan Control application, to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address outstanding issues, including but not limited to those outlined in the report (November 10, 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 17, 2021, an application to amend the Zoning By-law was submitted to permit a 25-storey mixed-use building at 1837-1845 Bayview Avenue.   A site plan control application for the same, was submitted on December 21, 2021.

On March 21, 2022, the applicant appealed the Zoning By-law and Site Plan Control applications to the Ontario Land Tribunal due to Council not making a decision within the respective 90-day and 30-day time frames in the Planning Act.   

This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal hearing and oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.