Item - 2023.NY1.5

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 appeals for the lands at 124 Broadway Avenue and the lands at 136 Broadway 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 Order(s) 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. the owner has submitted architectural plans and landscaping plans reflecting the proposals as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the owner has addressed matters related to the adequate and appropriate provision and securing of replacement rental housing in the form of: dwelling units at City-defined affordable rates or ranges for a defined time period, relocation and assistance plan(s) for affected tenants, timing for occupancy, and use and enjoyment of specified unit, building, and land amenities, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the owner has submitted updated complete Toronto Green Standards Checklists and Statistics Templates;

e. the owner has submitted revised Travel Demand Management Plans 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 studies be secured if required;

f. the owner has addressed to the satisfaction of the General Manager, Transportation Services, matters from Transportation Services that are specified in the following: 

i. the Engineering and Construction Services’ Memorandum dated September 15, 2021 for 124 Broadway Avenue;

ii. the Engineering and Construction Services’ Memorandum dated January 19, 2022 for 136 Broadway Avenue;

iii. matters that may arise during the course of the applications;

g. the owner has addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, matters from Engineering and Construction Services that are specified in the following: 

i. the Engineering and Construction Services’ Memorandum dated September 15, 2021 for 124 Broadway Avenue;

ii. the Engineering and Construction Services’ Memorandum dated January 19, 2022 for 136 Broadway Avenue; and

iii. matters that may arise during the course of the applications.

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 June 14, 2021, a complete zoning by-law amendment application (21 169458 NNY 15 OZ) to amend the Zoning By-law was submitted to permit a 38-storey (119.45 metres high) residential building at 124 Broadway Avenue.   A site plan control application (21 169465 NNY 15 SA) for the same was submitted on June 14, 2021.

On January 4, 2022, a complete zoning by-law amendment application (21 234009 NNY 15 OZ) to amend the Zoning By-law was submitted to permit a 12-storey (40.95 metres high) residential building at 136 Broadway Avenue.   A site plan control application (21 234014 NNY 15 SA) for the same was submitted on November 4, 2021.

On February 3, 2022 and April 21, 2022, the applicant appealed the Zoning By-law amendment applications to the Ontario Land Tribunal for 124 Broadway Avenue and 136 Broadway Avenue respectively, due to Council not making a decision within the 90-day time frame specified in the Planning Act.  On July 26, 2022, the Ontario Land Tribunal consolidated the appeals of both applications because both sites are abutting, the proposed developments would share certain servicing facilities, and are owned by the same landowner.

This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal hearing and oppose both zoning by-law amendment applications in their current form and to continue discussions with the Applicant to resolve outstanding issues.