Item - 2014.NY32.20

North York Community Council recommends that:

1.         City Council authorize the City Solicitor, together with City Planning staff and other staff as appropriate, to oppose the applicant’s appeal respecting Zoning By-law Amendment application  No. 12 168197 NNY 16 OZ at 2360 to 2378 Yonge Street and attend any Ontario Municipal Board hearings in opposition to such appeal, for the reasons discussed in the report (April 23, 2014) from the Director, Community Planning, North York District, including:

a.         the proposal does not conform to the Official Plan and the Yonge-Eglinton Secondary Plan, including, but not limited to, policies related to built form, public realm, healthy neighbourhoods, heritage resources, Avenues, and Mixed Use Areas;

b.         the proposal does not adequately address Council approved guidelines including the Mid-Rise Building Performance Standards and the Urban Design Guidelines for the Yonge, Duplex, Helendale, Orchard View Planning Study;

c.         the height, scale and density of the development are not consistent with the existing and planned context;

d.         the height and massing of the proposed building would have negative impacts on the public realm and abutting and nearby properties;

e.         the proposal represents overdevelopment of the site; and

f.          the proposal would adversely impact the future development on the Yonge Street Avenue.

2.         City Council authorize City staff to continue discussions with the applicant on a revised proposal which addresses the issues set out in the report (April 23, 2014) from the Director, Community Planning, North York District.

3.         In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct staff to request that the Board withhold any order to approve a Zoning By-law Amendment for the subject lands until such time as the City and the owner have presented a draft by-law to the Board that secures community benefits through a Section 37 Agreement.

4.         In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct staff to request that the Board withhold any order to approve a Zoning By-law Amendment for the subject lands until such time as a site plan agreement has been entered into between the City and the owner and any preconditions to site plan approval are fulfilled including addressing servicing issues as outlined in the memo from the Manager, Development Engineering, North York District dated November 19, 2013.

5.         City Council direct the City Solicitor to advise the Ontario Municipal Board (OMB) that the zoning by-law should not be approved without the provision of such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be considered appropriate by the Chief Planner in consultation with the applicant and the Ward Councillor.

6.         City Council not accept the Avenue Segment Study submitted for the application for 2360 to 2378 Yonge Street as the proposal would change the character of Yonge Street adversely impacting the form, scale and intensity of reurbanization along this Avenue, contrary to the Official Plan.

This application proposes a 28-storey mixed-use building (89.6 metres excluding mechanicals) with 234 dwelling units and 2,695 square metres of commercial floor space at 2360 to 2378 Yonge Street. The building design includes a 6-storey base building with a 22-storey tower above. A total of 147 parking spaces are proposed in five levels of below grade parking. The residential gross floor area proposed for the building is 18,042 m², resulting in a proposed density of 12.6 times the area of the lot.  The applicant has appealed the application to the Ontario Municipal Board due to Council’s failure to make a decision within the prescribed time period under the Planning Act.  A prehearing conference was held on October 25, 2013.  A second prehearing conference was held on March 17, 2014. A further prehearing conference is scheduled for July 17 and 18, 2014 and a full hearing has been scheduled for November 12 to November 26, 2014.

This report seeks Council’s direction to oppose the proposed development at the Ontario Municipal Board. The application proposes a tall building along an Avenue where mid-rise buildings are appropriate. The application is contrary to the Official Plan and Yonge-Eglinton Secondary Plan.  The height, scale and density of the development are not consistent with the existing and planned context. The height and massing of the proposed building would have unacceptable impacts on the public realm and abutting and nearby properties.  The proposal represents overdevelopment of the site and does not adequately address the Council approved Mid-rise Performance Standards and the Yonge, Duplex, Helendale and Orchard View Urban Design Guidelines prepared in association with the Planning Study for this block. Its approval would negatively impact the future development along the Yonge Street Avenue.