Item - 2023.NY4.7

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 land at 25 Old York Mills 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 Order be withheld until such time as the City Solicitor advises that:

a. the final form and content of the Official Plan and Zoning By-law is 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 September 14, 2022, or as may be updated during the course of the application review, 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 Plan be secured as required;

d. the owner has satisfactorily addressed the Urban Forestry Ravine and Natural Feature Protection matters in the Parks, Forestry and Recreation Memorandum dated October 6, 2022, or as may be updated, during the course of the application review, all to the satisfaction of Parks, Forestry and Recreation General Manager; and

e. the owner has satisfactorily addressed the Toronto Region Conservation Authority matters in the Toronto Region Conservation Authority memo dated October 12, 2022, or as may be updated during the course of the application review.

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 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.

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

On July 19, 2022, an application to amend the Official Plan and Zoning By-law was submitted to permit a 12-storey (38.05 metres, plus 4.5 metres for the mechanical penthouse) mixed-use building at 25 Old York Mills. The building includes residential uses, a place of worship with multifunction space, a commercial community space, and a child care centre.

On January 6, 2023, the applicant appealed the Official Plan and Zoning By-law Amendment application 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 and oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.