Item - 2024.NY18.8

North York Community Council recommends that:

1. City Council authorize the City Solicitor, together with appropriate staff, to appear before the Ontario Land Tribunal in opposition to the Official Plan and Zoning By-law Amendment application, in its current form, for the lands at 444 - 466 Eglinton Avenue West.

2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

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

b. the Owner has submitted a revised Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report or addendums ("Engineering Reports"), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

c.  the Owner has secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

d.  the Owner has submitted a revised Transportation Impact Study or addendum, acceptable to, and to the satisfaction of, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and that such matters arising from such study, be secured if required; and

e. the Chief Planner and Executive Director, City Planning Division, has approved the Rental Housing Demolition applications (23 127667 NNY 08 RH) under Chapter 667 Residential Rental Property Demolition and Conversion Control of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the existing rental units on the sites, and the Owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary.

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, 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, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City, for 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 appropriate City staff to continue discussions with the applicant to address outstanding issues, including but not limited to those outlined in this report.

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

On March 29, 2023, an Official Plan and Zoning By-law Amendment application was submitted to redevelop the lands at 444 - 466 Eglinton Avenue West with a 19-storey (64 metres) residential building with retail uses at grade. The proposed development would have an overall gross floor area of 15,063 square metres, of which, 14,643 square metres would be allocated as residential gross floor area with the remaining 420 square metres dedicated as non-residential gross floor area.  The resulting density would be 10.25 times the lot area.  A total of 185 dwelling units and 33 vehicular parking spaces are proposed as part of this application.

On July 19, 2024, the applicant appealed the application to the Ontario Land Tribunal due to City Council failing to make a decision within the prescribed time frames in the Planning Act.

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