Item - 2023.NY2.2

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 529-543 Marlee Avenue and 805-819 Glencairn Avenue.

2. In the event that the Ontario Land Tribunal allows the appeal 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 has advises the Tribunal that:

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

b. the owner has submitted architectural 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 a revised pedestrian level wind study, including the identification of any required mitigation measures to be secured in the zoning by-law amendment and through the site plan control process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. if there are any affected rental housing units and / or dwelling rooms with existing tenants, that the owner has submitted a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor in accordance with Official Plan Policy 3.2.1.12;

e. if a Rental Housing Demolition Application is necessary, that City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable;

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

g. 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;

h. the owner has satisfactorily addressed the Transportation Services and Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated January 5, 2022, and any outstanding issues arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application to the satisfaction of the General Manager, Transportation Services and Chief Engineer and Executive Director, Engineering and Construction Services; and,

i. the owner has provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the acceptable Functional Servicing Report and Stormwater Management Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and General Manager, Toronto Water, where it has been determined that improvements or upgrades are required to support the development. In requiring any off site municipal infrastructure upgrades, the owner is to make satisfactory arrangements with Engineering & Construction Services for Work on the City's Right-of-Way.

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 (January 9, 2023) 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 November 29, 2021, a complete application to amend the Official Plan and Zoning By-laws (21 221282 NNY 08 OZ) were submitted to permit a 28 storey (89.35 metres excluding mechanical penthouse) mixed-use building with 306 residential dwelling units and retail uses at grade (224.50 square metres).  The proposal also includes a road widening of Marlee Avenue and an on-site parkland dedication.  A complete site plan control application in support of the same was submitted on December 1, 2021.

On May 27, 2022, the applicant appealed the Official Plan and Zoning By-law amendment applications to the Ontario Land Tribunal due to Council not making a decision within the 90-day and 120-day time frames specified in the Planning Act. A first Case Management Conference took place on August 31, 2022, and a second one has been scheduled for January 10, 2023.

This report recommends that City Council instruct the City Solicitor and 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.