Item - 2023.NY1.6

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate staff, to attend the Ontario Land Tribunal in opposition to the application to amend the Official Plan and zoning by-laws (File Number 21 252332 NNY 18 OZ) for the lands at 6200 Yonge Street and 11-15 Moore Park Avenue.

2. In the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of its final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the final form and content of the Official Plan and Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the Owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan and Zoning By-law amendments as set out in their memo dated March 25, 2022, or as may be updated, in response to further submissions filed by the Owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. in the event the updated Functional Servicing Report, Groundwater Report, Stormwater Management Report, and/or Hydrogeological Report identify any required upgrades to existing municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational prior to the issuance of any above grade building permit, any upgrade or required improvements, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

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.

i.  City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

3. City Council authorize the City Solicitor and appropriate City Staff to continue discussions with the applicant in an attempt to resolve the issues outlined in the report (November 9, 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 31, 2021, an application to amend the Official Plan, the former City of North York Zoning By-law Number 7625, and City-wide Zoning By-law 569-2013 were submitted to permit a 25-storey (76.3 metre) mixed-use building at 6200 Yonge Street and 11-15 Moore Park Avenue. The applicant also submitted an application for Site Plan Approval on December 31, 2021 in support of the Official Plan and Zoning By-law Amendment applications.

The proposal would provide 347 residential units, including 8 grade-level units facing Moore Park Avenue. A private day nursery is proposed on the ground level facing Yonge Street with an adjacent outdoor play area. Indoor and outdoor amenity space is proposed on the eighth storey and mechanical penthouse for the residential units. A driveway is proposed from the northwest end of the site which would lead to a three-level underground parking garage providing 174 vehicular parking spaces. A total of 261 bicycle parking spaces are proposed as part of the development.

On July 14, 2022, the applicant appealed the Official Plan and Zoning By-law Amendment applications to the Ontario Land Tribunal, citing Council's failure to make a decision within the prescribed time frames in the Planning Act. A Case Management Conference is scheduled for November 9, 2022. The application for Site Plan Control has not been appealed.

As detailed in this report, the proposed overall development is not consistent with the Provincial Policy Statement (2020) and does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). The proposal does not conform to the Official Plan. It is also inconsistent with Council's vision for the area as outlined in the Council-adopted, but under appeal, Yonge Street North Secondary Plan.

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