7-17 Nipigon Avenue - Official Plan Amendment and Zoning Amendment Applications - Decision Report - Refusal

The proposal does not conform to the City's Official Plan, or the Council-adopted Yonge Street North Secondary Plan, which represents Council's vision for the area. This Report reviews and recommends refusal of the Official Plan and Zoning By-law Amendment application, particularly as it relates to the height of the proposal; the proposed building massing and intensity; and the impact of the proposal on adjacent properties in the existing and planned context which may prevent an orderly development of the block. The recommendation for refusal is also based on inadequate soil volumes; unconfirmed servicing capacity; non-compliance with the Toronto Green Standard; and a failure to provide adequate pedestrian connections, in the form of a mid-block connection, to support active transportation. This Report recommends refusal of the application to amend the Official Plan and Zoning By-law because the outstanding issues could not be resolved within the legislated timeline for a decision of 120 days. The report also recommends that Staff work with the applicant to use mediation to resolve the outstanding issues.

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 Zoning By-law Amendment application be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, North York District, Community Planning to bring forward an Approval Report to North York Community Council for a statutory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. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.