Item - 2025.NY28.14

The Director, Community Planning, North York District recommends that:

1. City Council refuse the application for the Official Plan Amendment and Zoning By-law Amendment (Application Number 25 153994 NNY 18 OZ) for the lands municipally known as 36-40 Avondale 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 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be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director North District, Community Planning to bring forward an Approval Report to North York Community Council for a statutory public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, together with appropriate City Staff, to appear before the Ontario Land Tribunal in support of City Council’s decision to refuse the applications, in the event that the decision is appealed to the Ontario Land Tribunal.

7. 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 City Council's decision is allowed by the Ontario Land Tribunal, in whole or in part.

This report recommends refusal of the application to amend the Official Plan and Zoning By-law to permit the construction of a 49-storey (160.15 metres, plus 6.0 metres of mechanical penthouse) residential building at 36-40 Avondale Avenue. The proposed residential building would contain 504 residential units, 61 residential parking spaces, 7 visitor spaces and 190 bicycle parking spaces. The 49-storey building would include a 5-storey podium with outdoor and indoor amenity space. It would contain a total Gross Floor Area (“GFA”) of 37,731 square metres and have an overall density of 28.7 times the area of the lot.

This report recommends refusal of the applications as the proposal is not consistent with the Provincial Planning Statement (2024) and does not conform to the Official Plan including the North York Centre Secondary Plan (“NYCSP”); The proposed development does not represent good planning and does not meet the intent of key performance standards recommended by the Tall Building Guidelines.

The Development Review Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.