Item - 2020.NY20.3

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate City staff, to attend the Local Planning Appeal Tribunal (LPAT) to oppose the Official Plan and Zoning By-law Amendment applications in their current form for reasons as set out in this report (November 16, 2020) from the Acting Director, Community Planning, North York District, for 41 Chatsworth Drive.

2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant and to seek revisions to the applications in an attempt to resolve the issues outlined in this report (November 16, 2020) from the Acting Director, Community Planning, North York District.

3. In the event the LPAT allows the appeal in whole or in part, City Council direct the City Solicitor to request the LPAT to withhold the issuance of any Order(s) on the Official Plan and Zoning By-law Amendment appeal for the subject lands until such time as:

a. the final form and content of the draft Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the Local Planning Appeal Tribunal has received confirmation from the City Solicitor that:

i. the Owner has at his sole expense provided a revised Functional Servicing Plan and Report and Stormwater Management Report, Hydrogeological Assessment Review, including the Foundation Drainage Report, and a Functional Road Plan and Pavement Marking and Signage Plan, all to be satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

ii. the Owner has submitted revised architectural plans and an updated shadow study reflecting the proposal, such plans and shadow study to be to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. the Owner has provided specific transportation demand management measures to meet the Toronto Green Standard v3 requirements AQ1.1, to reduce single occupancy auto vehicle trips generated by the proposed development by 15%;

iv. the Owner has provided a revised Arborist Report which accurately details the proposed effect of the project on the City owned trees and accurately details present conditions and size of the subject trees, to the satisfaction of General Manager, Parks, Forestry and Recreation;

v. the Owner has provided a revised Landscaping Plan showing soil volumes, species and planting details for the proposed trees to be planted on the City owned right of way to the satisfaction of General Manager, Parks, Forestry and Recreation;

vi. the Owner has submitted an updated complete Toronto Green Standards (TGS) Checklist and Statistics Template;

vii. the Owner has addressed the requirements of the Toronto and Region Conservation Authority as per their memo dated March 7, 2018; and

viii. all other required plans and reports have been submitted and accepted by relevant City Divisions and external agencies to enable the City to complete the review of the Official Plan and Zoning By-law Amendment applications.

This application proposes to amend the Official Plan and Zoning By-law to permit a 4 storey, 43-unit residential condominium building with 89 parking spaces on two and a half levels of a below-grade parking structure at 41 Chatsworth Drive. The 8,667 square metre building would have a height of 17.56 metres (exclusive of the mechanical penthouse) along Chatsworth Drive and a gross density of 1.96 times the lot area.

The applicant has appealed the Official Plan and Zoning By-law Amendments to the Local Planning Appeal Tribunal (LPAT).  The appeal was made citing Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act.  A Case Management Conference was held on October 6, 2020. A further Case Management Conference is scheduled for January 12, 2021.  A Hearing date has not been scheduled.

In its current form, the proposed development is not consistent with the Provincial Policy Statement (2020) and does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), the City of Toronto Official Plan and the Townhouse and Low-Rise Apartment Guidelines.

This report reviews and recommends that the City Solicitor together with City Planning staff and other appropriate staff be directed to oppose the application in its current form at the LPAT.  This report also recommends that despite the applicant's appeal of the Official Plan and Zoning By-law Amendment application to the LPAT, City Planning staff continue to work with the applicant to address the issues raised in this report.