Item - 2018.NY30.3

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 Local Planning Appeal Tribunal (LPAT) hearing to oppose the Official Plan Amendment (File No. 15 250774 NNY 23 OZ ), Zoning By-law Amendment (File No. 16 118542 NNY 23 OZ) and Site Plan Control applications (File No. 16 269431 NNY  23 SA).

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

a. the LPAT has been advised by the City Solicitor that the proposed official plan amendment and zoning by-law amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and City Solicitor;

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

c. City Planning has issued the Notice of Approval Conditions for site plan approval, and the City Solicitor confirms that all pre-approval conditions for such site plan approval have been met;

d. the City Solicitor confirms that the owner has provided a Functional Servicing Report, a Stormwater Management Report, and a Hydrogeological Report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the City Solicitor confirms that the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing Report, Stormwater Management Report, and Hydrogeological Study, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

f. the City Solicitor confirms that the implementation of the Functional Servicing Report, Stormwater Management Report and Hydrogeological Report accepted by the Chief Engineer and Executive Director,  Engineering and Construction Services either does not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services.

3. In the event that the LPAT allows the appeal of the applicant to amend the zoning by-law, in whole or in part, City Council direct staff to request that the LPAT withholds its Order(s) until such time as the City and the owner have presented a draft by-law to the LPAT that secured appropriate community benefits and a Section 37 agreement has been entered into.

4. The City Solicitor and appropriate staff be authorized to continue discussions with the applicant, in consultation with the local Councillor, to address the issues outlined in the report (April 16, 2018) from the Director, Community Planning, North York District, and should a resolution be arrived, to report back to City Council on the outcome, including proposed Section 37 contributions relating to any revised proposal, as appropriate.

5. City Council require the Owner of the lands at 4800 Yonge Street, to satisfy the parkland dedication requirement through an on-site dedication of 290 m2.

6. City Council authorize City staff to have discussions with regards to the option of an off-site parkland dedication as per Section 415-26 C of the Toronto Municipal Code, should an on-site dedication not be feasible, in consultation with the local Councillor.

The applicant has appealed the applications to amend the Official Plan and former North York Zoning By-law and for Site Plan Control for the site at 4800 Yonge Street 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 26, 2017 and a 9 day hearing has been scheduled to begin November 20, 2018.

The applications propose to amend the Official Plan and the former City of North York Zoning By-law 7625 for this site at the southwest corner of Sheppard Avenue West and Yonge Street to: permit residential uses on a site designated for non-residential uses and zoned for commercial uses; increase the maximum gross floor area from 33,353 m2 to 50,012 m2; increase the permitted FSI in the Official Plan up to 12.07 FSI; and increase the maximum height of 100 m in the Official Plan and 23 storeys in the zoning by-law to 49 storeys (160 m).  The applications propose to permit a 49 storey building, with 497 dwelling units, a five storey base including retail and office uses and a five-level underground parking garage with 318 parking spaces.

This report seeks City Council's direction for the City Solicitor, together with appropriate City Staff, to attend the Local Planning Appeal Tribunal (LPAT) hearing to oppose the applications, as staff have concerns with the development application in its current form, including the proposed land use, density and height. 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 this report.