Item - 2018.NY29.6

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Ontario Municipal Board hearing to oppose the Official Plan and Zoning By-law Amendment (16 270525 NNY 33 OZ) applications in their current form.

2. In the event that the Ontario Municipal Board approves the applications in whole or in part, City Council authorize the City Solicitor to request that the OMB withhold its Order approving the applications until such time as:

a. the Board has been advised by the City Solicitor that the proposed Official Plan and Zoning By-law amendments are in a form satisfactory to the Chief Planner and City Solicitor, and that they, amongst other matters, provide for the securing of the rental tenure of the existing rental units, securing of needed improvements, a construction mitigation plan and tenant assistance, together with other appropriate matters;

b. the City Solicitor confirms the satisfactory execution and registration of a Section 37 Agreement satisfactory to the Chief Planner to secure the Section 37 matters; and

c. City staff have confirmed that the applicant has made satisfactory arrangements with Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary improvements to the municipal infrastructure.

3. Should the Ontario Municipal Board approve the applications, City Council direct the City Solicitor to advise the Board 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.

4. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (March 15, 2018) from the Director, Community Planning, North York District, and to report back to City Council on any substantive revisions, including proposed Section 37 contributions relating to any revised proposal, as appropriate.

This application proposes a 35-storey (106.8 metre) residential building containing 343 units and a three-storey, above-grade parking structure containing 72 parking spaces, with two at-grade retail units, at 1650 Sheppard Avenue East. The existing 15-storey (42.72 metre) rental apartment building containing 149 units would be retained. The proposed buildings would have a gross floor area of 26,985 square metres, resulting in a total GFA for the site of 40,374 square metres and a density of 4.46 times the lot area (including the existing apartment building).

Both the Official Plan and Zoning By-law amendment applications have been appealed to the Ontario Municipal Board on the basis that the city failed to make a decision within the prescribed time period set out in the Planning Act.  This report recommends that the City Solicitor, together with City Planning staff, and other appropriate city staff, attend the OMB hearing in opposition to the current proposal. The hearing is scheduled for two weeks beginning on January 7, 2019. It also recommends that staff continue to work with the applicant in an attempt to resolve the outstanding issues.