Item - 2025.NY25.13

North York Community Council recommends that:

1. City Council refuse the application for the Official Plan Amendment and Zoning By-law Amendment (Application Number 24 252430 NNY 18 OZ) in its current form, for the lands municipally known as 30-36 Hendon 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 Executive Director, Development Review 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 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be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, North York District, Community Planning to bring forward an Approval Report to North York Community Council for a statutory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 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 an appeal of Council's decision is allowed by the Ontario Land Tribunal, in whole or in part.

The application proposes to amend the Official Plan and Zoning By-law to permit a 46-storey (152.55 metres including mechanical penthouse) residential building containing 433 dwelling units at 30-36 Hendon Avenue. The proposed building has a gross floor area of 30,696.3 square metres and a Floor Space Index (“FSI”) of 22.9 times the lot area.

The proposed development is of an inappropriate height, scale and massing and represents an overdevelopment of the site. The proposal does not conform to the North York Centre Secondary Plan (“NYCSP”) and the application has not demonstrated adequate justification for the proposed variation from the height and density policies of the NYCSP. The application also fails to meet soil volume requirements, proposes unacceptable site access and circulation, and has not demonstrated sufficient servicing capacity is available to support the proposed development.

This report recommends refusal of the application to amend the Official Plan and Zoning By-law and staff recommend the applicant consider modifying the proposal.