Item - 2024.NY12.7

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 Official Plan and Zoning By-law Amendment and Site Plan Control appeals for the lands at 390-400 Woodsworth Road and to continue discussions with the applicant to resolve outstanding issues;

2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any final Order(s) until such time as:

a. the Ontario Land Tribunal has been advised by the City Solicitor that the final form and content of the draft Official Plan Amendment, draft Zoning By-law and site plan application are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Ontario Land Tribunal has been advised by the City Solicitor that City Council has approved the Rental Housing Demolition Application number 21 229478 NNY 15 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 and, should City Council authorize the demolition, that the applicant has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act securing the replacement of the existing rental dwelling units, including unit mix, size and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

c. the owner has, at the owner's sole expense:

1. confirmed sanitary, stormwater and water capacity for the development to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

2. submitted a Functional Servicing Report, Stormwater Management Report and Hydrogeological Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

3. should the City accept Engineering Reports identifying that any upgrades or improvements to existing municipal infrastructure and / or new municipal infrastructure are required to support the development, those upgrades and improvements shall be designed and financially secured by appropriate development agreement(s) as a condition of Site Plan approval, and be constructed and operational prior to the issuance of any building permits for any development on the lands, all at the Owner’s sole expense, and all to the satisfaction to the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water and the City solicitor;

4. provided all necessary financial securities for transportation improvements in the area, including signal modifications and / or upgrades, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

5. made satisfactory arrangements to convey to the City any land dedications including road widening and site triangles, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

6. submit a Transportation Demand Management plan (the "TDM") to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from the accepted Transportation Demand Management plan, be secured if required;

7. made arrangements to satisfy the parkland dedication requirement, in accordance with Section 42 of the Planning Act, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

8. made satisfactory arrangements to transfer the parkland, if deemed appropriate, to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management;

9. made arrangements, if deemed appropriate, for a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time;

10. submit a revised Natural Heritage Impact Study and associated Landscape Plan which identifies and labels natural areas to be restored and enhanced via shading and notation, to the satisfaction of the Chief Planner and Executive Director, City Planning and that such matters arising from the accepted Natural Heritage Impact Study and Landscape Plan, including but not limited to planting enhancement and restoration within the natural heritage system, as well as establishment of appropriate buffers, be secured if required;

11. a submit a pedestrian level wind study, to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. 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 and Zoning By-law to permit 8, 9, and 10-storey residential apartment buildings and three blocks of stacked, back-to-back townhouse units.  The proposed development would have 603 residential units with a total Gross Floor Area of 47,729 square metres, and a floor space index of 2.26 times the lot area.

There are 80 rental townhouse units on the site, all of which would be demolished and are proposed to be replaced with new rental housing units within the new development.  This proposal is also subject to a Rental Housing Demolition Application.

On December 18, 2023, the applicant appealed the Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal 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.  A case management conference or hearing date has not been scheduled yet.  It is anticipated that a procedural order would be established to determine the sequencing of the various appeals to resolve the Official Plan and Zoning amendment matters prior to the Site Plan Control matters.

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 their current form and to continue discussions with the Applicant to resolve outstanding issues.