Item - 2023.NY7.10

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 Application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 5318 Yonge Street, 5320-5324 Yonge Street, 5330-5334 Yonge Street and 11 Churchill 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 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 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 satisfactorily addressed the Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated July 6, 2023, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has satisfactorily addressed the Transportation Matters in the Engineering and Construction Services Memorandum dated July 6, 2023, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of the General Manager, Transportation Services;

d. the owner has satisfactorily addressed matters from the Urban Forestry memorandum dated July 7, 2023, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of Urban Forestry; and

e. City Council has approved the Rental Housing Demolition application (Application 22 193302 NNY 18 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental units on the site, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing the following:

1. the replacement of the existing residential rental units on the lands;

2. the rents, rental tenure, unit mix, and unit sizes of the replacement rental units;

3. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to replacement rental units on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

4. any other rental housing-related matters in conformity with Policy 3.2.1.6 of the Toronto Official Plan and Chapter 667 of the Toronto Municipal Code.

3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report, 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 required mitigation, as well as 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.

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

On August 19, 2022, an Official Plan and Zoning By-law Amendment application was submitted to permit a mixed use development with a 36 storey (114.52 metres excluding mechanical penthouse) residential tower adjacent to Yonge Street, and a 12 storey (42.37 metres excluding mechanical penthouse) residential tower adjacent to Canterbury Place on a mixed-use podium with non-residential uses on the first 2 storeys, and residential uses above with a total of 524 units. On April 19, 2023 a revised application was submitted proposing revised tower heights of a 45 storey (145.10 metres excluding mechanical penthouse) residential tower adjacent to Yonge Street, and a 33 storey (109.06 metres excluding mechanical penthouse) residential tower adjacent to Canterbury Place, with a total of 862 units.

On June 8, 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 has been scheduled for October 19, 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.