Item - 2021.NY22.1

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate City staff, to attend the Local Planning Appeal Tribunal (LPAT) hearing to oppose the applicant's appeal respecting the Official Plan and Zoning By-law Amendment application (File No. 20 115845 NNY 08 OZ) in their current form for the lands at 4050 Yonge Street for the reasons set out in this report (February 5, 2021) from the Acting Director, Community Planning, North York District.

2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant and resolve the outstanding issues detailed in the report dated February 5, 2021 from the Acting Director, Community Planning, North York District, and report back to City Council on the outcome of the discussions, if necessary.

3. In the event the Local Planning Appeal Tribunal (LPAT) allows the appeal in whole or in part, City Council direct the City Solicitor to request the LPAT to withhold the issuance of any Order(s) on the Official Plan and Zoning By-law Amendment appeals for the subject lands until such time as the LPAT has been advised by the City Solicitor that:

a. the proposed Official Plan and Zoning By-law Amendments are in a final form and content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. a Section 37 Agreement has been executed and registered to secure Section 37 contributions and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor;

c. the owner has provided a Functional Servicing Report, Stormwater Management Report, Hydrogeological Report, and Groundwater Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the Owner has designed and provided the City with financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Groundwater 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, and the General Manager, Transportation Services, should it be determined that improvements or upgrades are required to support the development; and

e. the Owner has entered into an agreement(s) with the City requiring the Owner, prior to the issuance of any above grade building permit, and at no cost to the City, 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, Groundwater 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.

This application proposes the redevelopment of an existing commercial parking lot to a 21-storey building on the east portion of the site comprised of 29 residential units and non-residential uses including office, retail, restaurant and a hotel, and a 35-storey, 271-unit residential building located on the west portion of the site at 4050 Yonge Street. A 6-storey base building would connect the two towers. Access to the York Mills TTC subway/GO Transit station would be provided within the east building.

The application proposes to incorporate a City-owned piece of land which contains an entrance to the York Mills subway station via an easterly connecting tunnel under Yonge Street as well as northerly tunnel to the office complex known as Yonge Corporate Centre at 4100, 4110 and 4120 Yonge Street.

The proposed development is not consistent with the Provincial Policy Statement (2020) and does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).  The proposal does not conform to the Official Plan. Issues to be resolved, as outlined in this report, include:

- Official Plan conformity with regard to fit with the existing and planned context;

- A determination of the appropriate height, massing and density of development on this site;

- A determination of appropriate built-form setbacks (particularly along Yonge Street but also along Wilson Avenue) and appropriate step-backs on the site;

- The incorporation of larger setbacks and accessible open spaces into the development, particularly around the perimeter of the building, both at the intersection of Yonge Street and Wilson Avenue and along the north and west sides of the building where there are existing parks and natural areas and along abutting streets where there are transit stops;

- A reduction in the size of the floor plate of both buildings to comply with the Tall Building Design Guidelines;

- The inclusion of adequate amenity space, both indoor and outdoor, for residents and the provision of this space in appropriate locations.

-  A resolution of the design of the proposed vehicular access to Wilson Avenue and the vehicular forecourt area within the building;

- Determination of an appropriate parking supply given the site's direct connection to the York Mills subway/GO Transit station;

- Determination of an appropriate amount of proposed office use given both the Growth Plan and the City encourage office use at, or in close proximity to, frequent transit service;

- Satisfaction of the pet-friendly guidelines; and

- The provision of on-site public art.

The applicant appealed their Official Plan, Zoning By-law Amendment and Site Plan Control Approval applications to the Local Planning Appeal Tribunal (LPAT) on September 22, 2020 citing Council's failure to make a decision on the application within the time period prescribed under the Planning Act.  A Case Management Conference has been scheduled for March 12, 2021.

This report reviews and recommends that the City Solicitor together with City Planning staff and other appropriate staff be directed to oppose the application in its current form at the LPAT. This report also recommends that despite the applicant's appeal of the Official Plan Amendment, Zoning By-law Amendment and Site Plan Control Approval applications to the LPAT, City Planning staff continue to work with the applicant to address the issues raised in this report.