Item - 2025.NY23.5

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 Application appeals for the lands municipally known as 250, 252, 254 and 258 Viewmount Avenue and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. City Council authorize the City Solicitor and City Staff to take any necessary steps to implement City Council's decision, including requesting any conditions of approval that would be in the City's interest, in the event the Ontario Land Tribunal allows the appeal, in whole or in part.

3. In the event the Ontario Land Tribunal allows the appeal, in whole or in part, then: 

a. City Council request that the owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks and Recreation and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks and Recreation, to be conveyed prior to the issuance of the first above grade building permit and;

1. In the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit;

2. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu; and

3. the value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services and payment will be required prior to the issuance of the first above grade building permit.

b. City Council approve the acceptance of an off-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition.

c. City Council direct that should the cost of acquiring the land for the off-site dedication, including the purchase price, less reasonable real estate commissions of up to 5 percent, land transfer tax, and typical closing adjustments incurred, to the satisfaction of the General Manager, Parks and Recreation, be less than the value of the parks levy calculated upon the submission of an application for the first above-grade building permit, the difference will be paid as cash in lieu to the City prior to the issuance of the first above-grade building permit for the development.

d. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

On July 24, 2024, an application to amend the Official Plan and Zoning By-law was submitted and deemed complete on August 29, 2024 satisfying the City's minimum application requirements. The application seeks to permit a 40-storey residential building with 477 dwelling units at 250, 252, 254, 258 Viewmount Avenue.

On January 16, 2025, the applicant appealed the Official Plan and Zoning By-law Amendment Application to the Ontario Land Tribunal due to Council’s failure to make a decision within the time frame in the Planning Act.

This Report recommends that the City Solicitor with the 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 any outstanding issues.