Item - 2024.NY18.14

North York Community Council recommends that:

1. City Council refuse the application for an Official Plan Amendment and Zoning By-law Amendment Applications (Application Number 24 146352 NNY 18 OZ) in their current form, for the lands municipally known as 4696 Yonge Street.

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 the 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 applications be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director North District, Community Planning to bring forward an Approval Report to North York Community Council for a statutory public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.

This application proposes to permit the construction of a 40-storey (131.8 metre including mechanical penthouse) mixed use building containing 719 square metres of non-residential Gross Floor Area, 35,311 square metres of residential Gross Floor Area, and 536 residential dwelling units. 178 vehicular parking spaces are proposed in a 3-level underground parking garage at 4696 Yonge Street.

The proposed development is not consistent with the Provincial Policy Statement (2020) and the Provincial Planning Statement (2024) and does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). The proposed development also does not conform to the City's Official Plan, including the North York Centre Secondary Plan.

This report reviews and recommends refusal of the application to amend the Official Plan and Zoning By-law. The application fails to provide an appropriate mix of land uses in consideration of the North York Centre Secondary Plan to create a complete community, fails to provide for the appropriate public realm along Yonge Street and does not provide an appropriate transition to adjacent lower intensity land uses.