Item - 2016.NY15.48

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with City Planning staff and any other City staff as appropriate, to attend the Ontario Municipal Board hearing to oppose the Zoning By-law Amendment and Draft Plan of Subdivision applications in their current form.

2. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant in an attempt to resolve the issues outlined in the report (June 6, 2016) from the Director, Community Planning, North York District.

3. In the event that the Ontario Municipal Board allows the appeal on the Zoning By-law Amendment and Draft Plan of Subdivision applications in whole or in part, City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold its Order until such time as:

a. an appropriate Zoning By-law amendment is prepared to the satisfaction of the Director, Community Planning, North York District and the City Solicitor;

b. the Owner has entered into a subdivision agreement with the City to secure matters related to the plan of subdivision, to the satisfaction of the Executive Director of Engineering and Construction Services, the Director, Community Planning, North York District and the City Solicitor; and

c. the Owner has entered into an agreement with the City to secure community benefits pursuant to Section 37 of the Planning Act to the satisfaction of the Director, Community Planning, North York District and the City Solicitor.

4. In the event that the Ontario Municipal Board allows the appeal on the Zoning By-law Amendment and Draft Plan of Subdivision applications in whole or in part, and the applicant has resolved issues related to the location and configuration of the proposed on site park, to the satisfaction of the General Manager, Parks, Forestry and Recreation, 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, Forestry 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, Forestry 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.

The application proposes to rezone and subdivide approximately 2.07 hectares of land located on the east side of Leslie Street and north of Eglinton Avenue East.  The proposal consists of four residential buildings with heights of 28, 29, 34 and 39 storeys containing 1,240 residential units and a total of 375 square metres of commercial gross floor area. Also proposed is a new 2,640 square metre public park.  Parking for the residential buildings is being provided in two adjacent parking facilities with underground, at grade and above grade parking having a total of 1,469 parking spaces consisting of 1,343 resident spaces, 123 visitor parking spaces and 3 retail spaces.  A new east-west and north-south public street is proposed that will provide direct access to and from the subject lands from a signalized intersection at Leslie Street.  A number of private streets are also proposed to support the public streets and provide access through the site.

On February 18, 2016 the owner appealed the Zoning By-law Amendment and Draft Plan of Subdivision applications to the Ontario Municipal Board citing City Council's failure to make a decision within the prescribed time frames set out in the Planning Act. The purpose of this report is to seek Council's direction for staff representation at the OMB hearing.  A pre-hearing or full hearing date has not yet been set.

The report seeks Council direction to oppose the proposal in its current form and that City staff continue discussions with the applicant in an attempt to resolve the issues outlined in the report.