1800 Sheppard Avenue East - Official Plan Amendment, Zoning Amendment Applications - Decision Report - Refusal

The existing Fairview Mall will be retained. The proposed development is intended to occur in a long-term phased manner. The Zoning By-law Amendment application for Phase 1 includes three mixed-use towers with heights of 38-storeys, 45-storeys, and 52-storeys. The proposed 45- and 38-storey towers are exclusively residential and located along the Sheppard Avenue East frontage. The proposed Official Plan Amendment and Zoning By-law Amendment 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 proposed development also does not conform to the City's Official Plan, including the Sheppard East Subway Corridor Secondary Plan (SESCSP). This report reviews and recommends refusal of the application to amend the Official Plan and Zoning By-law, particularly as it relates to the phasing of the proposed development, failure to establish an appropriate planned context which may prevent the orderly development of the various proposed phases, including the ability to plan for adequate parkland, adequate vehicular and pedestrian connections to support site circulation, and the appropriate municipal services being available to support the development, including municipal infrastructure and community services and facilities across the site over the long term. Until the Official Plan Amendment policies for the entire site are resolved which are intended to implement the Secondary Plan, Official Plan policies, and provincial policy outcomes, the Zoning By-law cannot be supported at this time.

3. City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have filed an appeal to this decision of City Council's intention to rely on subsections 22(8.1) and 34(11.0.0.1) of the Planning Act and the City Clerk shall provide notice to all prescribed persons or public bodies under subsections 22(8.2) and 34(11.0.0.2) of the Planning Act. 4. City Council direct the City Clerk, should an appeal be filed, to notify the Ontario Land Tribunal of City Council's intention pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, and that the Ontario Land Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials seventy-five (75) days after the last day for filing a notice of appeal for these matters. 5. Should the Official Plan Amendment and / or Zoning By-law Amendment applications be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, North York District, Community Planning to bring forward an Approval Report to North York Community Council for a statutory public meeting as required under the Planning Act. 6. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that: a. the final form and content of the draft Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has addressed all outstanding issues raised by Transportation Services, as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services; d. the owner has provided a Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water; e. the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports; f. the applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; g. the owner has provided revised plans and revised sun shadow and pedestrian level wind studies with recommendations implemented as part of Zoning By-law Amendment and the City has advised that any building envelope changes to address the findings of the studies have been made, to the satisfaction of the Chief Planner and Executive Director, City Planning; and h. in the event that a parkland dedication is required by Parks Development, further direction from City Council will be required to approve and secure all necessary conditions of parkland conveyance by the owner to the City. 7. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.