Item - 2019.NY2.5

North York Community Council recommends that:

1.  City Council authorize the City Solicitor, together with City Planning staff and other staff as appropriate, to attend the LPAT hearing in support of the Zoning By-law Amendment application for the property at 3019 Dufferin Street, subject to the outstanding issues identified in the report (July 3, 2018) from the Director, Community Planning, North York District, being satisfactorily addressed.

2. Should the LPAT allow the appeal of the Zoning By-law Amendments in whole or in part, City Council authorize the City Solicitor to request the LPAT to withhold its Order approving the application until such time as:

a. the Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and the City Solicitor;

b. the owner has submitted revised technical reports and plans, to the satisfaction of the Executive Director, Engineering and Construction Services to address all their issues identified in their memo dated June 6, 2018; and

c. the owner will be responsible for any infrastructure improvements required to support the proposed development.

3. City Council direct Planning staff to report back through the Planning and Housing Committee on the City Planning Division's work program on expediting the establishment of an Avenue Study for the area on Dufferin Street south of Lawrence Avenue to Eglinton Avenue.

North York Community Council:

1. Directed Planning staff to participate in the establishment of a working group made up of local residents, the applicant, and the Local Councillor to deal with site plan matters as they pertain to 3019 Dufferin Street.

The applicant has appealed their application for Zoning By-law Amendments to the Local Planning Appeal Tribunal (LPAT) due to Council's failure to make a decision for the Zoning By-law Amendment application within the prescribed time period under the Planning Act. The purpose of this report is to seek Council's direction for staff representation at the LPAT hearing. A prehearing or hearing has not yet been scheduled at the time of writing of this report.

This application proposes to amend the former City of North York Zoning By-law No. 7625 and the City of Toronto Zoning By-law No. 569-2013 for the land  at 3019 Dufferin Street to permit the construction of an 8-storey (26.5 metres high) mixed use building with retail/commercial uses at grade. The existing one storey commercial building would be demolished. The proposed building would have a total Gross Floor Area (GFA) of 7,021 square metres including 412 square metres of retail uses on the ground floor and would contain 104 dwelling units. Also proposed is 191 square metres of indoor amenity, 353 square metres of outdoor amenity and two levels of underground parking comprised of 102 vehicular parking spaces and 112 bicycle spaces. The proposed building would have a Floor Space Index (FSI) of 3.47 times the area of the lot.

The purpose of this report is to recommend that the City Solicitor, together with City Planning staff, attend the LPAT hearing in support of the current proposal, provided that outstanding issues identified in this report are satisfactorily addressed to the Director of Community Planning, North York District and the City Solicitor. The outstanding issues include providing adequate servicing for the project, improved site organization and massing along Dufferin Street, and improving the building setback and transition along Claver Avenue towards the residential area to the east. 

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms and does not conflict with the Growth Plan for the Greater Golden Horseshoe (2017), and the Official Plan.