Item - 2024.NY19.3

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 applications regarding the Official Plan and Zoning By-law Amendment and the Plan of Subdivision appeals for the lands at 849 Eglinton Avenue East and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. 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.

3. 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 and Zoning By-law and Draft Plan of Subdivision conditions are satisfactory to the City Solicitor, Executive Director, Development Review;

b. the owner has satisfactorily addressed the Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated May 7, 2024, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of the Chief Engineer;

c. the owner has submitted a revised Traffic Impact Assessment acceptable to, and to the satisfaction of the Executive Director, Development Review and the General Manager, Transportation Services and that such matters arising from such study be secured if required;

d. the owner has satisfactorily addressed the Urban Forestry matters in the Urban Forestry Memorandum dated August 9, 2022, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of the Supervisor, Tree Protection and Plan Review;

e. the submission of and peer reviews have been undertaken, at the expense of the owner for:

1. Environmental Noise and Vibration Assessment Report; and

2. Air Quality, Dust and Odour Assessment Report and any recommended mitigation measures are included in the subdivision conditions and / or Site Plan, to the satisfaction of the Executive Director, Development Review.  

f. made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Executive Director, Development Review.

4. 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 Traffic 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, 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.

5. The City's conditions of subdivision approval stemming from the review and acceptance of appropriate reports identified in Part 3b-e above have been finalized and submitted prior to the Tribunal's Final Order.

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

The applications propose to amend the Official Plan and Zoning By-law as well as a Plan of Subdivision to facilitate a three building development, including a 40-storey residential mixed-use building (total of 129.02 metres), a 21-storey residential building (total of 74.55 metres), a 6-storey office building (total of 31.82 metres), as well as a new private road and privately owned publicly accessible space at 849 Eglinton Avenue East. There are also two road widenings on both the east and west sides of the property to complete two new north / south public streets connecting Eglinton Avenue East to Vanderhoof Avenue.

On July 18, 2024, the applicant appealed the Official Plan and Zoning By-law Amendment and Subdivision applications to the Ontario Land Tribunal 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 applications in their current form and to continue discussions with the applicant to resolve outstanding issues.