Item - 2024.NY15.12

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 application regarding the Official Plan Amendment and Zoning By-law Amendment appeal for the lands at 49-59 Lawrence Avenue East 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 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 Official Plan Amendment and Zoning By-law Amendment are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has submitted a Computational Fluid Dynamics Phase 2 Pedestrian Level Wind Study as per the City of Toronto Terms of Reference, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the owner has satisfactorily addressed the Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated February 15, 2024, or as may be updated, including a revised Functional Servicing Report, Stormwater Management Report and Hydrogeological Report accompanied by a coordinated Hydrological Review Summary Form and Servicing Report Groundwater Summary Form, all to the satisfaction of the Chief Engineer and Executive Director, Engineering Construction Services;

d. the owner has submitted a revised Transportation Impact Study, including acceptable Travel Demand Management, addressing outstanding issues in the Transportation Services memo dated February 15, 2024, or as may be updated in response to further submissions filed by the Owner, all to the satisfaction of Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from such Plan be secured as required; and

e.  the owner has submitted a revised Heritage Impact Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Planning and that matters arising from such study be secured, if required.

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, the 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, 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 to amend the Official Plan and Zoning By-law to permit a 9-storey (31.92 metres, plus 3.3 metres for the mechanical penthouse) residential building at 49-59 Lawrence Avenue East ( “subject site”). The proposal consists of 40 residential dwelling units with a residential gross floor area (“GFA”) of 5,755 square metres. The proposed vehicular and loading access would be provided off Lawrence Avenue East.

On April 23, 2024, 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 time frame prescribed in the Planning Act. A case management conference has not yet been scheduled.

This report recommends that the City Solicitor with the appropriate City staff attend the Ontario Land Tribunal hearing and oppose the application in its current form and to continue discussions with the applicant to resolve outstanding issues.