Item - 2023.NY5.10

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 appeal for the lands at 2500 Don 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 appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of the final Order 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. A Holding provision is included in the implementing zoning by-law to ensure the necessary infrastructure is in place before any development can proceed and the applicant joins the block's draft plan of subdivision application currently underway (21 211396 NNY 17 SB) to coordinate with the abutting landowners in the implementation of the block's servicing and transportation network, public park and the required public conveyance to city standards to support the proposal;

3. In accordance with Section 42 of the Planning Act, prior to the issuance of the first above-grade permit, the owner dedicate to the City a minimum of 657 square metres of unencumbered on-site parkland in the northwest portion of the site, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, and such on-site parkland dedication to be transferred to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition.

4. City Council approve the acceptance of a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR). The development charge credit shall be in an amount that is the lesser of the cost to the applicant of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry and Recreation and the Parks and Recreation component of the development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

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

On April 19, 2022, Official Plan and Zoning By-law Amendment applications were submitted to permit 30 (96.06 metres) and 39-storey (123 metres) mixed-use buildings containing a total of 823 residential units.  The proposed development would include 50,082 square metres of residential gross floor area and 982 square metres of at-grade commercial gross floor area.
 

On February 6, 2023, the Applicant appealed the applications to the Ontario Land Tribunal due to Council not making a decision within the 120-day time frame 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 applications in their current form and to continue discussions with the Applicant to resolve outstanding issues.