Item - 2023.NY3.6

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 No. 22 108032 NNY 18 OZ) for the lands at 6167 Yonge Street, 10 Newton Drive, 9 Madawaska Avenue and the City-owned public lane.

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 April 6, 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, 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 Transportation 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.

3. In the event the Ontario Land Tribunal allows the appeal in whole or in part, 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 & 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 & 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.

4. 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 this report.

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

On February 11, 2022, an application to amend the Official Plan, the former City of North York Zoning By-law No. 7625, and City-wide Zoning By-law 569-2013 was submitted to permit two 14-storey (47.8 to 48.36 metres, not including mechanical penthouse) mixed use buildings at 6167 Yonge Street, 10 Newton Drive, 9 Madawaska Avenue and the City-owned public lane. The applicant also submitted an application for Site Plan Approval on February 11, 2022.

The proposal would provide 549 residential units and 998 square metres of at-grade retail. The overall proposed gross floor area is 38,810 square metres, which would result in a density of 5.98 times the lot area. Driveways would be provided on the east side of the proposed buildings extending north-south through the lands, with vehicular access provided from Newton Drive and Madawaska Avenue. A total of 273 parking spaces are proposed within two levels of underground parking, along with a total of 550 bicycle spaces.

On November 29, 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 has been scheduled for March 22, 2023. The application for Site Plan Approval has not been appealed.

As detailed in this report, the proposal does not conform to the City of Toronto Official Plan. It is also inconsistent with City 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.