Item - 2023.NY8.6

North York Community Council recommends that:

1. City Council refuse the application for an Official Plan Amendment and Zoning By-law Amendment Applications (23 176474 NNY 08 OZ) in their current form, for the lands municipally known as 17, 19, 21, 23, 25, 27, 29, 31, 33, 35, 327, 39, and 41 Henning Avenue.

2. In the event the applications are appealed to the Ontario Land Tribunal, City Council, pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Official Plan Amendment and Zoning By-law Amendment applications, to the satisfaction of the Chief Planner and Executive Director, City Planning and City Solicitor.

3. City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have filed an appeal to this decision of City Council’s intention to rely on subsections 22(8.1) and 34(11.0.0.1) of the Planning Act and the City Clerk shall provide notice to all prescribed persons or public bodies under subsections 22(8.2) and 34(11.0.0.2) of the Planning Act. 

4. City Council direct the City Clerk, should an appeal be filed, to notify the Ontario Land Tribunal of City Council’s intention pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, and that the Ontario Land Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials seventy-five (75) days after the last day for filing a notice of appeal for these matters.

5. Should the Official Plan Amendment and Zoning By-law Amendment applications be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, North York District, Community Planning to bring forward an Approval Report to North York Community Council for a statutory public meeting as required under the Planning Act.

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

The application proposes to amend the Official Plan to redesignate the lands from Neighbourhoods to Mixed Use Areas for the properties known as 17, 19, 21, 23, 25, 27, 29, 31, 33, 35, 37, 39, and 41 Henning Avenue and to introduce a Site and Area Specific Policy for the lands known as 21, 23, 25, 27, 29, 31, 33 and 35 Henning Avenue to permit a 34-storey (112 metres excluding mechanical (119 metres with mechanical)) residential building.

The application to amend the Zoning By-law applies to 21, 23, 25, 27, 29, 31, 33 and 35 Henning Avenue. It proposes development standards to implement the proposed building which would be 25,490 square metres, containing 390 dwelling units, and 45 vehicular parking spaces in a 1.5 level below-grade parking structure for the properties.  The proposed Floor space index is also 15.14 times the lot area.

The proposed development is not consistent with the Provincial Policy Statement (2020) and does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). The proposal is not consistent with the Official Plan and the Yonge Eglinton Secondary Plan (YESP).

This report reviews and recommends refusal of the application to amend the Official Plan and Zoning By-law, particularly as it relates to the intensity of the proposed development, transition to the existing and planned context, provision of adequate amenity space, lack of visitor parking, inadequate soil volumes and servicing upgrade requirements.