Item - 2023.NY5.11

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 lands at 5051-5061 Yonge Street 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 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 amendment 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 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;

c. the owner has made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

d. in the event the updated servicing reports referred to in 2.c identify necessary upgrades to the servicing or functional items above, the owner shall enter into financially secured agreement(s) for the construction of any such improvements all to be completed at no cost to the City and to the satisfaction of  the Chief Engineer and Executive Director, Engineering and Construction Services or alternatively, a holding provision may be required in the implementing zoning by-law, to ensure the necessary infrastructure is in place before any development can proceed.

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

On December 14, 2020, an Official Plan and Zoning By-law Amendment application was submitted to permit a 42 storey (135 metres excluding mechanical penthouse) mixed-use building with non-residential uses on the first 6 storeys, and residential uses above with a total of 350 units. On October 26, 2022 a revised application was submitted proposing a 39 storey (126 metres excluding mechanical penthouse) mixed-use building with non-residential uses on the first two storeys, and residential uses above with a total of 365 units.

On January 18, 2023, the Applicant appealed the application to the Ontario Land Tribunal due to Council not making a decision within the 120-day time frame in the Planning Act. A Case Management Conference was held on April 14, 2023. A Second Case Management Conference is scheduled to be held on July 4, 2023.

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.