Item - 2023.NY8.8

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 589-595 Eglinton Avenue East and 61-67 Mann Avenue.

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-law Amendment 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 August 21, 2023, or as may be updated, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. 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 Plan be secured, if required;

d. the owner has submitted a Subsurface Investigation for the possible presence of methane gas on the property and any required mitigation measures are to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner has submitted a revised Pedestrian Level Wind Study, including wind tunnel testing and mitigation measures, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. the owner has satisfactorily addressed matters from the Urban Forestry memorandum dated August 18, 2023, or as may be updated in response to further submissions filed by the Owner, all to the satisfaction of Urban Forestry;

g. the owner has submitted an updated complete Toronto Green Standards (TGS) Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. the owner has secured an acceptable Tenant Relocation and Assistance Plan for tenants of the four (4) rental dwelling units proposed to be demolished at the time of application, addressing financial compensation and other assistance to lessen hardship. The Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division and implemented prior to the issuance of Notice of Approval Conditions for Site Plan Approval;

i. the owner has provided a legal undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division, to secure the Tenant Relocation and Assistance Plan required in Part 2.h. above.

3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and / or the Transportation Impact Study or that mitigation is required per the Subsurface Investigation, 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 and General Manager, Transportation Services.

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

This application proposes a 35-storey (124.75 metres to top of mechanical penthouse) residential building with 26,074 square metres of residential gross floor area for a total of 442 units, and 621 square metres of ground floor retail fronting onto Eglinton Avenue East. The development would have a total gross floor area of 26,695 square metres with a Floor Space Index of 13.47.

On April 14, 2023, the applicant appealed the Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal (“OLT”) due to Council not making a decision within the time frame prescribed  in the Planning Act. A Case Management Conference took place on August 8, 2023. A second Case Management Conference will take place on November 7, 2023.

This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal hearing and oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.