Item - 2023.NY7.9

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 Application, in its current form, for the Official Plan and Zoning By-law Amendment for the lands at 150 to 160 Cactus Avenue.

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 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 Transportation Services and Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated December 7, 2022, and any outstanding issues arising from further technical review (including provision of acceptable reports and studies), as they relate to the Official Plan and Zoning By-law Amendment application to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has secured replacement of the existing rental housing, including the same number of units, bedroom type and size and with similar rents;

d. the Owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for existing and former tenants to return to a replacement rental unit on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. City Council has approved the Rental Housing Demolition application (Application 21 226756 NNY 18 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the sixty (60) existing rental dwelling 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 all rental housing-related matters necessary to implement City Council’s decision;

f. the Owner has submitted a revised Transportation 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 matters arising from such study be secured, if required;

g. the Owner has addressed all outstanding issues raised by Urban Forestry and Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

h. 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 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;

i. 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 1,417.38 square metres of unencumbered on-site parkland in the southwest 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; and

j. 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; 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.

3. 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 the report (August 15, 2023) from the Director, Community Planning, North York District 

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

On October 18, 2021, an Official Plan and Zoning By-law Amendment application was submitted to permit a redevelopment of the site comprising a 12-storey (46.05 metres) apartment building, a 15-storey (55.30 metres) apartment building, and two blocks of 4-storey (14.85 metres) back-to-back stacked townhouses.

On May 31, 2023, the Applicant appealed the application to the Ontario Land Tribunal due to Council not making a decision within the time frame prescribed in the Planning Act. A case management conference has been scheduled for August 16, 2023.

This report reviews and 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.