Item - 2024.NY15.16

North York Community Council recommends that:

1. City Council refuse the Official Plan Amendment and Zoning By-law Amendment (File Number 23 232536 NNY 18 OZ) in their current form, for the lands municipally known as 7 - 17 Nipigon Avenue.

2. In the event the applications are appealed to the Ontario Land Tribunal, City Council, pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Official Plan Amendment and Zoning By-law Amendment applications, to the satisfaction of the Chief Planner and Executive Director, City Planning and City Solicitor.

3. City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have filed an appeal to this decision of City Council’s intention to rely on subsections 22(8.1) and 34(11.0.0.1) of the Planning Act and the City Clerk shall provide notice to all prescribed persons or public bodies under subsections 22(8.2) and 34(11.0.0.2) of the Planning Act. 

4. City Council direct the City Clerk, should an appeal be filed, to notify the Ontario Land Tribunal of City Council’s intention pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, and that the Ontario Land Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials seventy-five (75) days after the last day for filing a notice of appeal for these matters.

5. Should the Official Plan Amendment and Zoning By-law Amendment application be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, North York District, Community Planning to bring forward an Approval Report to North York Community Council for a statutory public meeting as required under the Planning Act.

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

7. City Council direct that the Community Planning hold a second Community Consultation Meeting should the applicant submit a revised proposal that addresses the concerns outlined within the report (June 11, 2024)  from the Director, Community Planning, North York District.

This application proposes to amend the Official Plan and Zoning By-law to permit a 50-storey (170.15 metres) residential building (the "proposal") at 7-17 Nipigon Avenue (the "subject lands"), as shown on Attachments 7 to 9B of this Report. The proposal contains 620 residential units and a gross floor area ("GFA") of 39,544.85 square metres, for an overall density of 17.1 times the area of the lot.

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; 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 recommendation for refusal is also based on inadequate soil volumes; unconfirmed servicing capacity; non-compliance with the Toronto Green Standard; and a failure to provide adequate pedestrian connections, in the form of a mid-block connection, to support active transportation.

This Report recommends refusal of the application to amend the Official Plan and Zoning By-law because the outstanding issues could not be resolved within the legislated timeline for a decision of 120 days. The report also recommends that Staff work with the applicant to use mediation to resolve the outstanding issues.