Item - 2024.NY11.5

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 applications regarding the Zoning By-law Amendment and Site Plan Control appeals for the lands at 1802 Bayview Avenue and to continue discussions with the applicant to resolve outstanding issues.

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 Zoning By-law is 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 16, 2023, or as may be updated, all to the satisfaction of the Chief Engineer and Executive Director;

c. the owner has satisfactorily addressed Transportation Services matters in the Transportation Services memo dated January 19, 2024, or as may be updated in response to further submissions filed by the Owner, all to the satisfaction of the Chief Engineer and Executive Director;

d. 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;

e. the owner has submitted a revised Pedestrian Wind Study acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning, and that matters arising from such Study be secured, if required;

f. the owner has satisfactorily addressed matters from the Urban Forestry memorandum dated August 3, 2023, or as may be updated in response to further submissions filed by the Owner, all to the satisfaction of Urban Forestry; and

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.

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 46-storey (148.6 metres, plus 8 metres mechanical penthouse for a total of 156.6 metres) residential building with 28,576 square metres of residential gross floor area representing 419 residential units, and 384 square metres of ground floor retail fronting onto Bayview Avenue. The development proposes a total gross floor area of 28,959 square metres with a floor space index of 20.5.

On September 29, 2023, the applicant appealed the 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. The applicant has also appealed the Site Plan application due to Council not making a decision within the time frame prescribed in the Planning Act.

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 applications in its current form and to continue discussions with the Applicant to resolve outstanding issues.