Item - 2021.NY27.6

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate staff, to attend the Ontario Land Tribunal to oppose the Zoning By-law Amendment application (File 20 214204 NNY 08 OZ) in its current form for the lands at 3180, 3181, 3184, 3186, 3188, 3190, 3192, 3194, 3196, 3198, 3200 and 3202 Yonge Street.

2. In the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

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

b. the Owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application as set out in their memo dated July 5, 2021, or as may be updated, in response to further submissions filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has provided a revised Functional Servicing Report, Stormwater Management Report, Hydrogeological Report, Groundwater Report, Municipal Servicing Report and Grading Plan, and any other reports necessary in support of the development to the City to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services to ensure the municipal water, sanitary and storm sewer systems can support the proposed development and to identify any required upgrades or improvements to existing municipal infrastructure;

d. 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;

e. the Owner has submitted a tenant relocation and assistance plan, and if required, rental replacement plan, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, and City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has approved the Rental Housing Demolition Application, and the Owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision; and

f. community benefits and other matters in support of the development have been secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Ward Councillor.

3. City Council authorize the City Solicitor and appropriate City Staff to continue discussions with the applicant and resolve the issues outlined in this report.

4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On November 3, 2020, an application to amend Zoning By-laws 438-86 and 569-2013 was submitted to permit a 12-storey mixed-use building at 3180, 3182, 3184, 3186, 3188, 3190, 3192, 3194, 3196, 3198, 3200 and 3202 Yonge Street. The proposal included 109 residential units with an overall gross floor area of 12,554.3 square metres.

The applicant appealed their Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) on June 4, 2021 citing Council's failure to make a decision on the application within the time frame prescribed under the Planning Act. A Case Management Conference has not yet been scheduled.

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, in particular the policies for Avenues, Mixed Use Areas, Public Realm and Built Form. Further, the proposed development does not meet the intent of the performance standards of the Avenues & Mid-Rise Buildings Study and Addendum.

This report reviews and recommends that City Council instruct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal (OLT) to oppose the application in its current form and to continue discussions  with the applicant to resolve outstanding issues raised in this report.