Item - 2023.NY3.4

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 appeal for the lands at 1466 and 1500 Bayview Avenue 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 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 Zoning By-law amendment and Site Plan approval are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner has submitted the final form of the architectural plans, landscape plans, completed Toronto Green Standards documents, Travel Demand Management Plan, servicing plans, reports, and studies, reflecting the proposal as approved in whole or in part, forming the Site Plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services and Chief Engineer and Executive Director, Engineering and Construction Services;

c. submit to the Chief Engineer and Executive Director of Engineering and Construction Services for review and acceptance, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, or where appropriate include a Holding Provision in the implementing zoning by-law;

d. the owner agrees in the Site Plan Agreement that prior to any building permit for any building or structure, the following municipal services shall be provided to the lot line and the following provisions shall be complied with:

i. all new public roads necessary to serve the building or structure have been constructed to a minimum of base curb and base asphalt and are connected to an existing public highway; and,

ii. all water main and sanitary sewers and appropriate appurtenances have been installed and are operational.

e. 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 and Construction Services for Work on the City's Right-of-Way; and

f. the owner agrees in the Site Plan Agreement to provide space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10.

On October 28, 2020, a complete application to amend the Zoning By-law (20 210394 NNY 15 OZ) and a complete application for site plan approval (20 210395 NNY 15 SA), were submitted to permit a 9- storey (26.35 metres excluding mechanical penthouse) mixed-use building containing 156 residential dwelling units and 1,659.5 square metres of retail uses at grade. A portion of the subject site to the rear was proposed as a driveway with a surface easement for public access and use, in lieu of a laneway.

On December 23, 2021, the applicant made a resubmission to support a revised proposal of an 8-storey mixed-use building containing 153 residential dwelling units and 1,545.6 square metres of retail uses at grade. A portion of the rear of the site is proposed to be conveyed to the City for use as a public laneway.

Concurrently, the City of Toronto has been embarking on a program to implement the Yonge-Eglinton Secondary Plan through revisions to the zoning by-law. A Status Report, which included objectives and a zoning framework, was endorsed by Planning and Housing Committee on November 25, 2021. The City-initiated zoning is advancing in phases. As part of the first phase, City Council adopted a Final Report on June 15, 2022, which included a zoning by-law amendment for portions of the Secondary Plan area, mainly consisting of the 'Villages', including the site at 1466-1500 Bayview Avenue. The zoning by-law amendment, enacted as By-law number 595-2022,  implements the Secondary Plan in the areas to which it applies, and sets regulations such as land use permissions, minimum and height limits, setbacks, and stepbacks. Transition clauses in the by-law were included with the intent of recognizing existing development applications in progress.  On July 13, 2022, the applicant appealed the City Council's decision on the Zoning By-law number 595-2022, pursuant to Section 34(19) of the Planning Act.

On August 5, 2022, the applicant appealed the site-specific Zoning By-law amendment and Site Plan Control applications to the Ontario Land Tribunal due to Council's failure to make a decision within the time frames pursuant to Section 34(11) of the Planning Act and Section 114(15) of the City of Toronto Act. A first Case Management Conference took place on December 6, 2022, and a second one has been scheduled for February 23, 2023.

A case management conference for appeals to Zoning By-law no. 595-2022 was held on January 24, 2023 and resulted in the two aforementioned appeals being consolidated into one hearing.

Staff recommends that City Council instruct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal hearing to oppose the applications in their current form, and to continue discussions with the Applicant to resolve outstanding issues.