Item - 2013.NY25.43

North York Community Council recommends that:

1.         City Council authorize the City Solicitor together with City Planning staff and other appropriate staff to oppose the application in its current form to amend the Zoning By-law for the reasons outlined in the report (May 31, 2013) from the Director, Community Planning, North York District.

2.         City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant respecting a revised application which addresses the outstanding issues identified in this report, including but not limited to: height, density, massing, and shadow impact of the proposed building, parking supply, appropriate rental replacement that provides rental units of similar size to the existing rental units, an acceptable Tenant Relocation and Assistance Plan, and if necessary, City staff seek further instructions from City Council.

3.         City Council direct the City Solicitor to advise the Ontario Municipal Board of City Council's position that:

a.         Any redevelopment of the lands must also include the full replacement of the 24 existing rental dwelling units and a Tenant Relocation and Assistance Plan, including the right of tenants to return to the new rental units in accordance with the Official Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning Division; and

b.         If the proposal for the replacement rental units is not substantially revised to meet the intent of the Official Plan by providing for the same unit types and comparable sizes as the existing rental units, that an Official Plan Amendment application is required.

4.         In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request that the Board withhold any Order to approve the Zoning By-law Amendment application for the subject lands until such time as the City and the Owner have presented to the Board a Draft Zoning By-Law that secures the rental housing matters as outlined in Recommendation 3 above and a Section 37 Agreement addressing matters as outlined in this report, have been provided to the satisfaction of the City.

The Zoning By-law Amendment application proposes to amend former City of North York Zoning By-law No. 7625 to permit the construction of an 11 storey (35m) condominium building and rental replacement with 169 residential units, 14,202 m2 of Gross Floor Area and a site density of 5.04. The development includes 24 rental units proposed on the ground and second floor levels.

The subject Zoning By-law Amendment application was appealed to the Ontario Municipal Board (OMB) on December 19, 2012. A Pre-Hearing Conference is scheduled for June 5, 2013. A full hearing date is scheduled for September 9th to 13th, 2013.

An associated Rental Housing Demolition application (File 09 200499 NNY 00 RH) has also been submitted to demolish the 24 existing residential rental units located at 50-52 Neptune Drive. The 24 units would be replaced in the new development, with affected tenants receiving relocation assistance and being able to return to the new replacement units.

The purpose of this report is to seek Council’s direction on the appeal of the Zoning By-law Amendment to the Ontario Municipal Board. It is Staff's opinion the proposal is not appropriate in its current form for the reasons set out in this report. The rental replacement and tenant relocation assistance matters are not acceptable as currently proposed and do not meet the intent of the Official Plan.

Staff are recommending that the Zoning By-law Amendment application in its current form be opposed at the OMB.