Item - 2023.NY9.8

North York Community Council recommends that:

1. City Council authorize the City Solicitor and appropriate City staff to attend at the Ontario Land Tribunal hearing in opposition to the proposal in its current form, and to continue discussions with the applicant to address outstanding issues in advance of the hearing, including but not limited to those outlined in this report.

2. In the event the Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal withhold its final Order approving the Official Plan Amendment and Zoning By-law Amendment until such time as the City Solicitor confirms that:

a. the final form and content of the draft Official Plan Amendment and Zoning By-law amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has approved a Rental Housing Demolition application 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 one (1) existing rental dwelling unit at 70 Montgomery Avenue and the owner has provided an undertaking to the City to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing an acceptable Tenant Relocation and Assistance Plan addressing financial compensation and other assistance to lessen hardship;

c. the owner has submitted updated sun / shadow and pedestrian level wind studies, including the identification of any required mitigation measures to be secured in the zoning by-law amendment and through the site plan process to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. 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 and that such matters arising from such study be secured if required through the implementing zoning by-law amendment and, or Site Plan approval;

e. the owner has satisfactorily addressed the Transportation Services matters in the Engineering and Construction Services Memorandum dated March 10, 2023, any outstanding issues raised by Transportation Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan Amendment and Zoning By-law Amendment applications to the satisfaction of the General Manager, Transportation Services;

f. the owner has satisfactorily addressed matters from Engineering and Construction Services as contained in the Engineering and Construction Services Memorandum dated March 10, 2023, or any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g. the owner has satisfactorily addressed matters from Parks, Forestry and Recreation as contained in the Parks, Forestry and Recreation Memorandum dated January 4, 2023, or any outstanding issues raised by Parks, Forestry and Recreation arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

h. the owner has satisfactorily addressed matters from Tree Protection and Plan Review, Urban Forestry Memorandum dated October 18, 2022, or any outstanding issues raised by Urban Forestry, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

i. The owner has submitted to the Executive Director of Engineering and Construction Services for review and acceptance, prior to approval of the rezoning application, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development;

j. The owner has made satisfactory arrangements with Engineering and Construction Services and enter 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 accepted Functional Servicing Report accepted by the Executive Director of Engineering and Construction Services; and

k. The owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10.

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

On June 30, 2022, applications to amend the Official Plan and Zoning By-law (22 170531 NNY 08 OZ) and for Site Plan approval (22 170530 NNY 08 SA) were submitted to permit a 24 storey (75.3 metres excluding mechanical penthouse) mixed-use building with 306 residential dwelling units and 525 square metres of retail uses at grade. The applications were deemed complete on February 21, 2023 following a further submission of plans and reports.

On June 23, 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 120-day time frame specified in the Planning Act (the “Appeals”). The related Site Plan control application has not been appealed and is held in abeyance pending the outcome of the Appeals. A nine-day hearing of the Appeals has been scheduled to commence on June 17, 2024. The Ontario Land Tribunal has directed the parties to finalize a Procedural Order with Issues List for the hearing by December 20, 2023.

This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal hearing in opposition to the proposal in its current form, but to continue discussions with the applicant to try to resolve the issues in advance of the hearing, and to request that the Ontario Land Tribunal withhold its final Order approving the Official Plan Amendment and Zoning By-law Amendment until the outstanding issues have been resolved, and certain other pre-approval conditions have been met.