Item - 2019.NY2.6

City Council on January 30 and 31, 2019, adopted the following:

1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Local Planning Appeal Tribunal hearing to oppose the Draft Plan of Subdivision, Official Plan and Zoning By-law Amendment applications in their current form for the property at 57 Linelle Street.

2. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant in consultation with the local Councillor to address the issues outlined in the report (December 17, 2018) from the Director, Community Planning, North York District, and to report back to City Council on the outcome of discussions, if necessary, and that an opportunity for community consultation be provided prior to any proposed settlement coming to Council.

3. City Council require the owner of the lands at 57 Linelle Street, to satisfy the parkland dedication requirement through an on-site dedication, pursuant to Section 42 of the Planning Act, required to be conveyed to the City as described and set out in the report (December 17, 2018) from the Director, Community Planning, North York District; the park is to be a minimum of 466 square metres in area with frontage on the proposed public road; and the park is to be in a location and configuration satisfactory to the General Manager, Parks, Forestry and Recreation.

4. Should the Local Planning Appeal Tribunal approve the applications for 57 Linelle Street, City Council authorize the City Solicitor to request the Tribunal to withhold its Order approving the applications until such time as:

a. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Official Plan and Zoning By-law Amendment for 57 Linelle Street are in a form satisfactory to the City;

b. a list of draft plan of subdivision conditions have been prepared in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

c. the Local Planning Appeal Tribunal delegates clearing of the Subdivision conditions back to the Chief Planner and Executive Director, City Planning;

d. the City Solicitor confirms that the owner has provided a Functional Servicing, Stormwater Management Report and a Geohydrology Report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the City Solicitor confirms that the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing, Stormwater Management Report and Geohydrology Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development;

f. the City Solicitor confirms that the implementation of the Functional Servicing, Stormwater Management Report and Geohydrology Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending By-law or any such required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services;

g. the owner submits a revised subdivision plan, site servicing report, Natural Heritage Impact Study, Ravine Stewardship Plan, amongst other plans noted in the Toronto and Region Conservation Authority memorandum (November 9, 2018) to the satisfaction of Toronto and Region Conservation Authority including proper land compensation for lost ecosystem services in accordance with Toronto and Region Conservation Authority Guidelines for Determining Ecosystem Compensation;

h. the owner submits a revised subdivision plan, Ravine Stewardship Plan, arborist report, tree protection plan, tree planting plan, grading plan as noted in the Ravine and Natural Feature Protection memorandum (October 25, 2018) to the satisfaction of the City’s Ravine and Natural Feature Protection By-law Office; and

i. the City Solicitor confirms that the owner has submitted a revised Subdivision plan to the satisfaction of the Chief Planner and Executive Director, City Planning. 

5. City Council direct the Chief Planner and Executive Director, City Planning and the City Solicitor to ensure that the City's Issues List fully identifies the following:

a. any concerns raised by the Ontario Ministry of Transportation related to its 14-metre setback requirement;

b. any Ontario Ministry of Transportation concerns that a future widening of Highway 401 might impact the development site; and

c. any concerns raised by the Ontario Ministry of Transportation or the City of Toronto Transportation Services regarding the potential that the proposed development might restrict improvements to the Yonge/401 interchange, which is currently being studied.