Refusal Report - Zoning By-Law Amendment Application - 537, 539, 541 and 543 Eglinton Avenue East

A total of 37 vehicular parking spaces are proposed in two levels of underground parking. The proposed development represents overdevelopment of the site and is not consistent with the Provincial Policy Statement (2020), does not conform with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and does not conform to the City's Official Plan and the Yonge-Eglinton Secondary Plan. This report reviews and recommends refusal of the application to amend the Zoning By-law. The subject site is not an appropriate location for the development of a tall building. The proposal does not conform to the Official Plan and Yonge-Eglinton Secondary Plan policies and the Tall Building Guidelines. The proposed development cannot achieve appropriate tower setbacks nor stepbacks; does not maintain adequate access to sunlight on the public realm; lacks sufficient open space and landscaping on site; is not providing pet amenity area; and proposes a 7-storey base building height that does not conform to the Yonge-Eglinton Secondary Plan. The proposed tower fails to fit within its existing and planned context. The proposed tower at 23-storeys significantly exceeds the anticipated 8 to 12 storey height range for the Eglinton East Character Area and is unacceptable. A virtual community consultation meeting has been scheduled for October 18, 2021. A supplementary report will be sent to City Council reporting on the outcome of the community consultation meeting prior to Council consideration of this application. Therefore, for the reasons outlined in this report, it is recommended that the application be refused and in the event that the matter is appealed to the Ontario Land Tribunal, that the City Solicitor and appropriate staff oppose the appeal.

3. In the event that the refusal is appealed and the Ontario Land Tribunal (OLT) allows the appeal in whole or in part, City Council direct the City Solicitor to request that the Tribunal withhold its Order until such time as the Tribunal has been advised by the City Solicitor that: a. the form and content of the Zoning By-law Amendments are satisfactory to the Acting Director, Community Planning, North York District and City Solicitor; b. the owner has addressed any issues arising from the technical review of the July 29, 2021 submission identified as part of Engineering and Construction Services review of the file, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; c. the Owner has provided any outstanding materials, including, but not limited to: a satisfactory Geotechnical Study, Hydrogeological Report, Transportation Impact Study and Functional Servicing Reports, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; and d. the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from such study be secured if required. 4. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement the foregoing.