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North York Community Council · 2025-12-05 · 2025.NY28.14

The filed record

36-40 Avondale Avenue - Official Plan Amendment and Zoning By-law Amendment - Decision Report - Appeal

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The decision

2025-12-16 · Toronto City Council · adopted

As filed

City Council on December 16 and 17, 2025, adopted the following: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan Amendment and Zoning By-law Amendment appeal for the lands at 36 - 40 Avondale Avenue and to continue discussions with the applicant to resolve outstanding issues for the reasons identified in the refusal report (November 19, 2025) from the Director, Community Planning, North York District.

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2. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, City Council authorize the City Solicitor to request that the issuance of any Final Order be withheld until such time as the City Solicitor advises that: a. the final form and content of the draft Official Plan Amendment and Zoning By-law Amendment is satisfactory to the Executive Director, Development Review and the City Solicitor; b. the owner has at its sole cost and expense: 1. has submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; 2. if the Engineering Reports are accepted and are satisfactory and should they identify any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either: A. the owner has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, in a financially secured agreement, 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 Engineering Reports accepted by the Chief Engineer and Executive Director; or B. the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted and satisfactory Engineering Reports in Part 2.b.2.A above are constructed and operational, all to the satisfaction to the Chief Engineer and Executive Director, Engineering and Construction Services; 3. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Executive Director, Development Review and the City Solicitor, including the use of a Holding (H) By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required; and 4. submitted an updated Transportation Impact Study or Addendum, to the satisfaction of the General Manager, Transportation Services. 3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision, including requesting any additional conditions of approval that would be in the City's interest, in the event an appeal of Official Plan Amendment and Zoning By-law Amendment applications are allowed by the Ontario Land Tribunal, in whole or in part.

On the agenda

As the city filed it

This report recommends refusal of the application to amend the Official Plan and Zoning By-law to permit the construction of a 49-storey (160.15 metres, plus 6.0 metres of mechanical penthouse) residential building at 36-40 Avondale Avenue. The proposed residential building would contain 504 residential units, 61 residential parking spaces, 7 visitor spaces and 190 bicycle parking spaces. The 49-storey building would include a 5-storey podium with outdoor and indoor amenity space.

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It would contain a total Gross Floor Area ("GFA") of 37,731 square metres and have an overall density of 28.7 times the area of the lot. This report recommends refusal of the applications as the proposal is not consistent with the Provincial Planning Statement (2024) and does not conform to the Official Plan including the North York Centre Secondary Plan ("NYCSP"); The proposed development does not represent good planning and does not meet the intent of key performance standards recommended by the Tall Building Guidelines.

Staff recommended

The Director, Community Planning, North York District recommends that: 1. City Council refuse the application for the Official Plan Amendment and Zoning By-law Amendment (Application Number 25 153994 NNY 18 OZ) for the lands municipally known as 36-40 Avondale Avenue. 2. In the event the applications are appealed to the Ontario Land Tribunal, City Council, pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Official Plan Amendment and Zoning By-law Amendment applications, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor; 3.

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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 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 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, together with appropriate City Staff, to appear before the Ontario Land Tribunal in support of City Council's decision to refuse the applications, in the event that the decision is appealed to the Ontario Land Tribunal. 7. City Council authorize the City Solicitor and other appropriate City Staff to take any necessary steps to implement City Council's decision, including requesting any conditions of approval that would be in the City's interest, in the event an appeal of City Council's decision is allowed by the Ontario Land Tribunal, in whole or in part.

Considered

  • 2025-12-05 · North York Community Council · amended

    Decision as filed

    North York Community Council recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan Amendment and Zoning By-law Amendment appeal for the lands at 36 - 40 Avondale Avenue and to continue discussions with the applicant to resolve outstanding issues for the reasons identified in the refusal report (November 19, 2025) from the Director, Community Planning, North York District.

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    2. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, City Council authorize the City Solicitor to request that the issuance of any Final Order be withheld until such time as the City Solicitor advises that: a. the final form and content of the draft Official Plan Amendment and Zoning Bylaw Amendment is satisfactory to the Executive Director, Development Review and the City Solicitor; b. the owner has at its sole cost and expense: 1. has submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; 2. If the Engineering Reports are accepted and are satisfactory and should they identify any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either: A. the owner has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, in a financially secured agreement, 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 Engineering Reports accepted by the Chief Engineer and Executive Director; or, B. the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted and satisfactory Engineering Reports in 2.b.2.A above are constructed and operational, all to the satisfaction to the Chief Engineer and Executive Director, Engineering and Construction Services; 3. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Executive Director, Development Review and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required; and 4. submitted an updated Transportation Impact Study or Addendum, to the satisfaction of the General Manager, Transportation Services. 3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision, including requesting any additional conditions of approval that would be in the City's interest, in the event an appeal of Official Plan Amendment and Zoning By-law Amendment applications are allowed by the Ontario Land Tribunal, in whole or in part.

  • 2025-12-16 · Toronto City Council · adopted

On the record

The item as the City filed it

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