Item - 2024.NY14.11

North York Community Council recommends that:

1. City Council refuse the applications for an Official Plan Amendment and a Zoning By-law (Application Number 23 167527 NNY 18 OZ) in their current form, for the lands municipally known as 7, 9 , 11, 13 and 15 Steeles Avenue East.

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

3. City Council approve that in accordance with Section 42 of the Planning Act prior to the first Above Grade Building Permit, the Owner shall convey to the City, an off-site parkland dedication to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

4. City Council direct the City Solicitor to request that, in the event of an appeal to the Ontario Land Tribunal, the Tribunal withhold its final order, until the following conditions are met:

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

b. the owner has submitted revised architectural plans, and revised sun / shadow and wind studies reflecting the proposal as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning;

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

d. the owner has addressed all outstanding issues raised in the Urban Forestry, Tree Protection and Plan Review Memorandum dated April 18, 2024, as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

e. the owner has addressed all outstanding issues raised by Parks Development Memorandum dated April 11, 2024, as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

f. the owner has satisfactorily addressed the matters in the Engineering and Construction Services Memorandum dated April 22, 2024, and any outstanding issues and requests arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan and Zoning By-law Amendment application to the satisfaction of the General Manager, Transportation Services, and Chief Engineer and Executive Director, Engineering and Construction Services; and

g. 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, to secure the required Tenant Relocation and Assistance Plan pertaining to the four existing rental dwelling units proposed to be demolished.

This application proposes to amend the Official Plan and Zoning By-law to permit a 50-storey (166.6 metres) mixed use building (the 'proposal') at 7 - 15 Steeles Avenue East (the 'subject lands'), as shown on Attachments 7 to 9B of this Report. The proposal contains 683 dwelling units, a residential gross floor area ('GFA') of 36,091 square metres and a non-residential Gross Floor Area of 171 square metres, for an overall density of 18.93 times the lot area.

The proposal is not consistent with the Provincial Policy Statement, 2020 and does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020. The proposal does not conform to the City's Official Plan, or the Council-adopted Yonge Street North Secondary Plan, which represents Council's vision for the area.

This Report reviews and recommends refusal of the Official Plan and Zoning By-law Amendment application, particularly as it relates to the height of the proposal; the proposed building massing and intensity; the proposed setbacks and step backs; the required road and laneway widening; and the impact of the proposal on adjacent properties in the existing and planned context which may prevent an orderly development of the block. The refusal is also based on inadequate soil volumes; unconfirmed servicing capacity; non-compliance with the Toronto Green Standard; and the necessary expropriation of the subject lands as part of the Yonge North Subway Extension identified by Metrolinx.

The above outstanding issues could not be resolved within the legislated 120 day timeframe for a decision. If City Council does not make a decision within the legislated timeframe, the City may be subject to a request to refund all or part of the application fees.  Further discussions with the applicant may take place to resolve these issues which may then lead to a positive outcome