Item - 2019.NY3.5

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 hearing to oppose the Zoning By-law Amendment Application in its current form.

2. City Council direct the City Solicitor to oppose any appeal of the Official Plan Amendment application in its current form, if one is made based on City Council's failure to make a decision within the statutory timeframe set out in the Planning Act taking a position consistent with the planning analysis set out in the report (February 6, 2019) from the Director, Community Planning, North York District, and any further direction from the Chief Planner and Executive Director, City Planning.

3. City Council direct City Planning Staff to continue to work with the applicant to resolve the issues detailed in the report (February 6, 2019) from the Director, Community Planning, North York District.

4. City Council require the owner to satisfy the on-site parkland dedication requirement through an on-site dedication of 640 square metres, with a cash-in-lieu dedication as per Section 415-26C of the Toronto Municipal Code for any on-site parkland dedication shortfall.

5. Should the owner agree to design and construct the Above Base Park Improvements to the new park, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges 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 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 owner is required to submit a design and cost estimate to be approved by the General Manager, Parks, Forestry and Recreation, and a letter of credit equal to 120 percent of the Parks and Recreation Development Charges payable for the development; and the letter of credit will be required prior to the issuance of the first above grade building permit.

6. In the event that the Local Planning Appeal Tribunal approves the applications in whole or part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal withhold its Order(s) approving the Official Plan Amendment and Zoning By-law Amendment(s) applicable to the subject lands until such time as the City Solicitor confirms that:

a. the final form and content of the draft Official Plan Amendment and Zoning By-law Amendment(s) are satisfactory to the City Solicitor, and the Chief Planner and Executive Director, City Planning Division, in consultation with  the Chief Engineer and Executive Director, Engineering and Construction Services, and amongst other matters includes:

i. securing the rental tenure of the existing rental units, securing of the needed improvements, a tenant assistance plan, and a construction mitigation plan, together with other appropriate matters; and

ii. the requirement for appropriate matters, services, and facilities to be provided by the owner, at its expense, and pursuant to Section 37 of the Planning Act and other matters necessary to support development.

b. the Local Planning Appeal Tribunal has received confirmation from the City Solicitor that the Owner has at its expense:

i. provided a Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

ii. designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Functional Servicing Report and Stormwater Management Report, Foundation Drainage Report, and Hydrogeological Review, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii. confirmation from the City Solicitor that the implementation of the Functional Servicing Report, Groundwater Report, Stormwater Management Report and Hydrogeological Report, including the Foundation Report, accepted by Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services 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, City Planning Division and the City Solicitor; and

iv. should it be deemed necessary by the Chief Engineer and Executive Director, Engineering and Construction Services, the by-laws and the Section 37 agreement shall require the owner, at no cost to the City, prior to the issuance of any above grade permit for all or any part of the site, including for clarity, any conditional above-grade building permit, to design, financially secure, construct, and make operational, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the City Solicitor.

c. the owner has submitted a Plan of Subdivision Application and has received draft plan of subdivision approval in order to create the proposed new public road and a park block; and

d. the Local Planning Appeal Tribunal has been advised by the City Solicitor that appropriate services, facilities, or matters pursuant to Section 37 of the Planning Act, as may be considered appropriate by the Chief Planner and Executive Director, City Planning Division, in consultation with the local Ward Councillor, have been appropriately secured in the implementing Zoning By-laws and in a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning Division and the City Solicitor, that has been executed and registered on title to the satisfaction of the City Solicitor.

This Report responds to the Zoning By-law Amendment application which has been appealed to the Local Planning Appeal Tribunal (formerly the Ontario Municipal Board) due to the lack of a decision by City Council.  This report also provides comments on the Official Plan Amendment application that has been submitted by the applicant, but has not been appealed to the Local Planning Tribunal (the "Tribunal"). 

The report sets out outstanding issues related to the applications and provides the opinion of City Planning that the application in its current form is not consistent with the Provincial Policy Statement (2014), does not conform with the Growth Plan for the Greater Golden Horseshoe (2017), and does not conform with the Official Plan.

The Zoning By-law Amendment application proposes a 39-storey residential rental building containing 364 units and a four-storey underground garage containing 329 parking spaces, at 2600 Don Mills Road. The existing 19-storey rental apartment building containing 149 units, located on the site, would be retained. Vehicular access to the proposed residential tower would be via a new east-west public street from Don Mills Road.  The proposed new public street and a 1,345 m2 public park are proposed at the southern property limit of the site.

The Official Plan Amendment is required in order to identify the site as a Key Development Area within the Sheppard East Subway Corridor Secondary Plan and to permit the proposed density of approximately 3.84 FSI on lands where a density has not been prescribed by the Plan.

This report recommends that the City Solicitor attend the LPAT hearing to oppose the application in its current form.