Item - 2016.NY15.49

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 application in its 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 (May 27, 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 application in whole or in part, City Council authorize the City Solicitor to request the OMB 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; and

b. 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, in consultation with the local Councillor.

This application proposes to amend the former Town of Leaside Zoning By-law No. 1916 to permit a 19-storey (66 metre) and a 12-storey (46 metre) apartment building with retail at grade (2,121 m2) at 660 Eglinton Avenue East (Sunnybrook Plaza). The two buildings would contain a total of 408 dwelling units and 410 parking spaces with 395 located in a 2-level below grade parking garage and 15 surface spaces. A continuous driveway is proposed along the northern boundary of the site providing access to Eglinton Avenue East and Bayview Avenue. The existing commercial plaza would be demolished.

On January 22, 2016 the owner appealed the Zoning By-law Amendment application 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.

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.

A pre-hearing conference is scheduled for July 26, 2016 with a full hearing scheduled for 3 weeks beginning November 21, 2016. As this site is located within the Bayview Focused Area as identified within the Eglinton Connects Planning Study, the applicant has requested that this appeal be consolidated with their appeal of the Eglinton Connects Planning study and Official Plan Amendment #253.