Item - 2018.NY27.3

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 for the lands located at 470, 490 and 530 Wilson Avenue.

 
2. City staff continue discussions with the applicant to revise their proposal to address outstanding issues outlined in the report (December 15, 2017) from the Director, Community Planning, North York District.
 

3. City Council defer making a decision on Rental Housing Demolition application (File No. 16 270452 NNY 10 RH) under Municipal Code, Chapter 667 pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 110 existing rental dwelling units at 470 and 490 Wilson Avenue and instruct staff to report on the Section 111 Application to North York Community Council at such time as an Ontario Municipal Board decision has been issued regarding the Zoning By-law Amendment appeal for the lands at 470, 490 and 530 Wilson Avenue.
 

4. In the event that any development arising out of the subject application is approved, City Council require on-site parkland dedication be conveyed to the City pursuant to Section 42 of the Planning Act.
 

5. Should the Ontario Municipal Board approve the application, City Council direct the City Solicitor to advise the Ontario Municipal Board that the Zoning By-law Amendment 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 Acting Chief Planner and Executive Director, City Planning in consultation with the applicant and the Ward Councillor.
 

6. In the event that the Ontario Municipal Board allows the appeal of the Zoning By-law Amendment application in whole or in part, City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold its Order(s) approving the application until such time as:
 

a. the Board has been advised by the City Solicitor that the proposed Zoning By-law Amendment is in a form satisfactory to the Acting Chief Planner and City Solicitor including securing the replacement rental dwelling units and rents, tenant assistance and other rental related matters at least in conformity with Section 3.2.1.6 of the Official Plan and the owner has entered into and registered a Section 37 Agreement with the City incorporating such replacement rental dwelling units, rents, tenant assistance and other related rental matters and other Section 37 matters, all to the satisfaction of the City Solicitor; and

 
b. City Council has dealt with application 16 270452 NNY 10 RH, under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act to demolish 110 existing rental dwelling units at 470 and 490 Wilson Avenue.

 
7. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement the foregoing.

This application proposes to amend the zoning by-law to permit a 13 storey condominium building (353 units), a 12 storey rental apartment building (158 units) and two 4.5 storey stacked back-to-back townhouse buildings (112 units) on the site located at 470, 490 and 530 Wilson Avenue. The proposed redevelopment includes a three level underground parking garage with a total of 559 parking spaces and 5 surface parking spaces. The proposal also includes the demolition of a four-storey commercial office building and two four-storey residential rental buildings that contain a total of 110 rental units.  The applicant has also filed a Rental Housing Demolition application (File No. 16 270452 NNY 10 RH).

The owner appealed the Zoning By-law Amendment application to the Ontario Municipal Board (OMB) citing City Council's failure to make a decision within the prescribed times frames set out in the Planning Act.  A prehearing has been scheduled for February 16, 2018.

The purpose of this report is to seek City Council's direction for the City Solicitor, together with appropriate City staff, to attend the Ontario Municipal Board hearing to oppose the application, as currently proposed by the applicant as staff have concerns with the development application in its current form, including lack of on-site parkland dedication, rental housing and office replacement, proposed height and density, built form, massing and proposed separation between the mid-rise buildings and stacked townhouses.  This report also recommends that the City Solicitor and appropriate staff be authorized to continue discussions with the applicant in an effort to address the issues outlined in the report.