Item - 2023.NY3.5

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 Official Plan and Zoning By-law Amendment and the Draft Plan of Subdivision appeals for the lands at 943 - 963 Eglinton Avenue East and 23 Brentcliffe Road 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 Orders be withheld until such time as the City Solicitor advises that:

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

b. the owner has satisfactorily addressed the Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated February 23, 2022, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of the Chief Engineer;

c. 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;

d. the owner has addressed all outstanding issues raised in the Urban Forestry Memorandum dated January 5, 2022, or as may be updated, in response to further submissions filed by the Owner, as they relate to tree planting, soil volume, utility conflicts, tree protection, and Toronto Green Standards, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

e. the City has advised that updated sun / shadow and wind tunnel studies have been submitted to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. the owner has provided a revised draft Plan of Subdivision to the satisfaction of the Chief Planner and the Executive Director, City Planning; and,

g. the Conditions of Draft Plan Approval respecting the proposed Plan of Subdivision are in a form acceptable to the Chief Planner and Executive Director, City Planning, prepared in consultation with the City Solicitor and appropriate Divisions.

3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and / or the Transportation Impact Study, City Council direct the City Solicitor and appropriate City staff to request that a Holding provision (H) be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City, for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Transportation Services.

4. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

5. 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 this report.

On November 8, 2021, an Official Plan, Zoning By-law Amendment and Draft Plan of Subdivision applications were submitted to permit 4 new mixed-use residential buildings (containing 1,279 units) ranging in height from 16 to 28 storeys (57.5 metres to 93 metres) with a total gross floor area of 103,743 square metres.

On September 27, 2022, the applicant appealed the Official Plan, Zoning By-law Amendment and the Draft Plan of Subdivision Applications to the Ontario Land Tribunal due to Council not making a decision within the time frame prescribed in the Planning Act.

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