Item - 2023.NY4.6

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 Zoning By-law Amendment appeal for the lands at 131 Lyon Court and 836, 838 Roselawn 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 is 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. City Council has approved the Rental Housing Demolition Application (Application No. 21 235748 NNY 08 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 and, should City Council authorize the demolition, that the Applicant has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act securing the replacement of the existing rental dwelling units, including unit mix, size and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

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

f. 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;

g. the owner has, at its sole cost and expense facilitated the City undertaking a peer review of the submitted Noise and Vibration Assessment, and secured any recommended mitigation measures in the amending by-law, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. the owner has satisfactorily addressed the matters in the Engineering and Construction Services Memorandum dated January 24, 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 and Construction Services for Work on the City's Right-of-Way.

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

North York Community Council:

1. Requested the Chief Planner and Executive Director, City Planning, in consultation with the City Clerk and the City Solicitor to report back at the next North York Community Council meeting on the feasibility of informing residents living within 120 metres of 131 Lyon court and 836, 838 Roselawn Avenue proposed development site that the application has been appealed to the Ontario Land Tribunal. The notice should include information on the appeal process at the Ontario Land Tribunal as well as how residents can get involved in the appeal and engage in the process.

2. Requested the Chief Planner and Executive Director, City Planning, to schedule a tenant meeting through the local Councillor's office with tenants to explain the rental demolition and replacement process.

On February 25, 2022, a complete application to amend the Zoning By-law (21 235591 NNY 08 OZ) was submitted to permit a 35-storey (111.40 metres, excluding  mechanical penthouse) mixed-use building with 472 dwelling units and 397.5 square metres of retail uses at grade.  A complete site plan control application in support of the same was submitted on November 9, 2021.

A separate Rental Housing Demolition application (21 235748 NNY 08 RH) has also been submitted which proposes to demolish the existing 53 rental dwelling units on the site and replace them in the new building.

On September 14, 2022, the applicant appealed the Zoning By-law amendment application to the Ontario Land Tribunal due to Council not making a decision within the time frame specified in the Planning Act.  A Case Management Conference was held on February 23, 2023. Notice of the case management conference was provided to interested parties, resident and ratepayers associations, and external agencies.

A full hearing of this matter is scheduled to commence on March 11, 2024.

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.