Item - 2019.NY9.4

North York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal to oppose the Zoning By-law Amendment application in its current form for the lands at 2706 Bayview Avenue.

2. City Council direct the City Solicitor and appropriate City staff to continue discussions with the applicant and seek revisions to the application in an attempt to resolve the outstanding issues outlined in the report (September 24, 2019) from the Director, Community Planning, North York District.

3. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) on the Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a. the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, North York District and the City Solicitor; and

b. the owner has submitted a revised Functional Servicing Report and a revised Stormwater Management Report, all to the satisfaction of the Chief Engineer and the Executive Director, Engineering and Construction Services.

4. City Council request City Planning and appropriate staff, in consultation with the Ward Councillor, to consider the development of a revised plan consisting of five townhouse units fronting Bayview Avenue, utilization of the existing access to the site and retention of the existing common rear yard, in an attempt to resolve the outstanding issues in the current form of the Zoning By-law Amendment application.

This application proposes to amend the Zoning By-laws for the lands at 2706 Bayview Avenue to permit the relocation of the existing detached dwelling on the lot and to permit the construction of three 3 storey (11.4m high) townhouse units fronting Bayview Avenue. The proposed development would be accessed via a shared private driveway from Bayview Avenue providing access to rear integral garages of the townhouse units and an at grade integral garage for the relocated detached dwelling.

The applicant has appealed their application for Zoning By-law Amendment to the Local Planning Appeal Tribunal (LPAT) due to Council's failure to make a decision on the application within the time prescribed by the Planning Act (LPAT Case No.PL 171398). A prehearing conference was held on June 12, 2018. A second prehearing conference was held on May 15, 2019. A third prehearing conference is scheduled for October 15, 2019. A full hearing is not yet scheduled.

The purpose of this report is to seek City Council's direction for the City Solicitor, together with appropriate City staff, to attend the LPAT hearing to oppose the application in its current form, as staff have concerns with the development application with respect to the site organization and the location and configuration of the proposed driveway access. The proposal in its current form does not conform with the Official Plan policies with regards to Neighbourhoods infill criteria and does not appropriately address the Bayview Townhouse Design Guidelines. This report also recommends that the City Solicitor and appropriate staff be directed to continue discussions with the applicant in an effort to address the outstanding issues outlined in this report.