Item - 2024.NY10.4

The 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 the report (January 9, 2024) from the Director, Community Planning, North York District .

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 Zoning By-law Amendment until such time as the City Solicitor confirms that:

a. the final form and content of the draft Zoning By-law amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, which amongst other matters must include a holding (H) provision to address municipal servicing;

b. the owner has satisfactorily addressed matters from Engineering and Construction Services as contained in the Engineering and Construction Services Memorandum dated May 16, 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;

c. the owner has satisfactorily addressed matters from Tree Protection and Plan Review, Urban Forestry Memorandum dated May 15, 2023, 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.

d. The owner has satisfactorily addressed matters from Engineering and Construction Services Memorandum dated May 16, 2023, or any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provisions 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 of Engineering and Construction Services;

e. The owner has made satisfactory arrangements with Engineering and Construction Services and enter into the appropriate financially secured 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

f. 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.

4. City Council request the Director, Community Planning, North York District to work with the local Councillor to carry out a community information session on the revised application.

On December 10, 2020, an application to amend the Zoning By-law was submitted to permit the construction of a 12-storey (37.90 metres plus 5 metres mechanical penthouse) residential building containing 158 dwelling units with condominium tenure.  The application was deemed complete on December 15, 2020.

On March 21, 2023, a revised Zoning By-law Amendment application was received.  This application proposes to redevelop the lands with a 29-storey residential building containing 296 dwelling units and an approximate gross floor area of 20,761 square metres or Floor Space Index of 8.2. 

On August 14, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal due to Council not making a decision within the 90 day time frame specified in the Planning Act (the “Appeals”).  A Case Management Conference was held on November 14, 2023.  The Ontario Land Tribunal has directed the parties to finalize a Procedural Order with Issues List for the second Case Management Conference by February 13, 2024.

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 Zoning By-law Amendment until the outstanding issues have been resolved, and certain other pre-approval conditions have been met.