Item - 2020.NY20.4

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 for 16 Kirtling Place in its current form.

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

3. In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request that the Local Planning Appeal Tribunal withhold its Order until such time as the Tribunal has been advised by the City Solicitor that:

a. The final form and content of the draft zoning by-law amendments are satisfactory to the City Solicitor and Chief Planner and Executive Director, City Planning; and

b. The owner has addressed the comments in the Engineering and Construction Services memo dated December 24, 2019, as applicable, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

4. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement the foregoing.

On November 1, 2019, an application to amend the Zoning By-law was submitted to the City of Toronto for 16 Kirtling Place (the "Site"), which proposes to amend City of Toronto Zoning By-law 569-2013 and North York Zoning By-law 7625 to permit one block of townhouses having seven units, fronting York Mills Road (the "Zoning By-law Amendment Application").

On March 3, 2020, the applicant appealed the Zoning By-law Amendment Application to the Local Planning Appeal Tribunal (the "LPAT"). The appeal was made without revisions to the original proposal and citing City Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act. A pre-hearing conference has not yet been scheduled.

This report 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 Zoning By-law Amendment Application to the LPAT, City Planning staff continue to work with the applicant to resolve the issues detailed in this report.