Item - 2021.NY21.4

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 hearing to oppose the Official Plan and Zoning By-law amendment applications for 40, 42, 44, 46 and 48 Hendon Avenue in its current form for reasons set out in the report (December 14, 2020) from the Acting Director, Community Planning, North York District, as amended.

2. Should the Local Planning Appeal Tribunal approve the Official Plan and/or Zoning By-law amendment applications, City Council authorize the City Solicitor to request that the Local Planning Appeal Tribunal withhold its Order(s) approving the application(s) until such time as:

a. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the form and content of the proposed Official Plan and Zoning By-law amendments are satisfactory to the City;

b. the City Solicitor confirms the satisfactory execution and registration of a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning to secure the Section 37 matters;

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

d. 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 and Stormwater Management Report, and Hydrogeological 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, according to the Functional Servicing and Stormwater Management Report, and Hydrogeological Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

3. Should the Local Planning Appeal Tribunal approve the application, City Council direct the City Solicitor to advise the Tribunal that the Zoning By-laws should not be approved without the provision of such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be considered appropriate by the Chief Planner in consultation with the applicant and the Ward Councillor.

4. Should the Local Planning Appeal Tribunal approve the application, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation (PF&R). The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation (PF&R), and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

5. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant, in consultation with the Ward Councillor, to address the issues outlined in the report from the Acting Director, Community Planning, North York District, and to report back to City Council on the outcome, including proposed Section 37 contributions relating to any revised proposal, as appropriate.

These revised applications propose to amend the Official Plan and Zoning By-law (the

"applications") to permit a six-storey residential apartment building at 40, 42, 44, 46, and 48 Hendon Avenue. The applicant has appealed both applications to the Local Planning Appeal Tribunal (the "LPAT") due to Council's failure to make a decision on the applications within the time prescribed by the Planning Act. A case management conference was held by the LPAT on November 2, 2020 in which parties to the appeal were identified and the history of the applications were provided. A second case management conference is scheduled to commence on March 2, 2021. On September 18, 2020, the applicant submitted a revised proposal which is the subject of this report.

The revised six-storey building would have a height of 19.65 metres (plus 1.35 metres for the mechanical penthouse) and a gross floor area of 5,931 square metres, as calculated under the North York Centre Secondary Plan's definition of gross floor area ("GFA"). The proposed GFA would result in a floor space index (a "FSI") of 2.56 times the area of the lot. A total of 71 residential units are proposed, consisting of four two-storey townhouse units and 67 apartment units. A total of 44 parking spaces are proposed within an underground parking garage. The revisions made by the applicant are discussed in this report, however, the revisions have resulted in a taller and denser building than previously submitted that is not supportable for the reasons outlined in this report.

This report recommends that the City Solicitor, together with City Planning staff and other appropriate City staff, attend the LPAT hearing in opposition of the applications. In the opinion of Planning staff, the proposal does not conform to the Growth Plan for the Greater Golden Horseshoe (2020), is not consistent with the Provincial Policy Statement (2020), and does not conform to the Official Plan or the North York Centre Secondary Plan. Staff are recommending that discussions continue with the applicant to resolve the issues identified in this report.