5203 to 5215 Yonge Street and 11 Parkview Avenue - Official Plan Amendment and Zoning By-law Amendment Application - Request for Further Direction Regarding Ontario Land Tribunal Hearing

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The decision

2022-05-11 · Toronto City Council · amended

As filed

City Council on May 11 and 12, 2022, adopted the following: 1. City Council reject the with prejudice Settlement Offer dated April 29, 2022 in Public Attachment 1 to the report (May 4, 2022) from the City Solicitor. 2. City Council direct the City Solicitor to attend the Ontario Land Tribunal hearing in opposition to the development proposal as set out in Public Attachment 2 to the report (May 4, 2022) from the City Solicitor and City Council authorize the City Solicitor to retain outside consultants as may be necessary.

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3. City Council direct the City Solicitor to work with the proponent to reduce the density of the proposed development so that it is in keeping with recent approvals within the North York Centre, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the local Ward Councillor. 4. In the event the density of the proposal is reduced in accordance with Part 3 above, City Council direct the City Solicitor to support the revised proposal at the Ontario Land Tribunal, subject to securing an acceptable Section 37 contribution to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the local Ward Councillor. 5. City Council direct that Confidential Attachment 1 to the report (May 4, 2022) from the City Solicitor remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (May 4, 2022) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

On the agenda

As the city filed it

5205 Yonge Inc. (the "Owner") owns the lands municipally known as 5203, 5205, 5211, 5213, and 5215 Yonge Street and 11 Parkview Avenue (the "Site"). The Site comprises two lots that are separated by a public laneway and Green P parking lot. One lot is a corner lot, generally rectangular in shape, with frontage on Yonge Street and Parkview Avenue (the "Yonge Street Portion"). The second lot is a rectangular lot with frontage onto Parkview Avenue (the "Parkview Avenue Portion").

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The Yonge Street Portion of the Site is currently occupied by various one-storey retail buildings, including restaurants, and one two-storey building with ground floor retail and second floor offices. The Parkview Avenue Portion of the Site is currently occupied by a two-storey residential dwelling. On December 8, 2020, the Owner applied to amend the North York Centre Secondary Plan (the "NYCSP") and Zoning By-law No. 7625 to permit a 32-storey (105.1 metres) mixed-use building on the Site (the "Original Proposal"). The Original Proposal featured 329 dwelling units and a two-storey base building that contained retail uses along Yonge Street and a residential lobby along Parkview Avenue. The Original Proposal also proposed to provide the Parkview Avenue Portion of the Site to the City as a parkland dedication of 564.3 square metres. On May 14, 2021, the Owner filed an appeal to the Local Planning Appeal Tribunal, now Ontario Land Tribunal (the "OLT" or "Tribunal") citing Council's failure to make a decision on the application within the prescribed timelines in the Planning Act (the "Appeal"). Case management conferences were held on October 8, 2021 and January 26, 2022. A further case management conference is scheduled for May 30, 2022. An eight day hearing is scheduled from January 16, 2023 to January 25, 2023. On April 29, 2022, the Owner's counsel, Stikeman Elliot LLP, submitted to the City Solicitor a with prejudice settlement offer (the "Settlement Offer") based on revised architectural plans also dated April 29, 2022 and prepared by IBI Group (the "Revised Plans"). As a result, the City Solicitor requires further directions for the case management conference scheduled for May 30, 2022 and, subsequently, the hearing commencing January 16, 2023. The Settlement Offer is attached to this report as Public Attachment 1 and the Revised Plans are attached as Public Attachment 2. The Settlement Offer and Revised Plans are described further in the "Comments" section below. City Planning has been involved in the preparation of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

On the record

The item as the City filed it

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