Item - 2021.NY22.3

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate staff, to oppose the application at the Local Planning Appeal Tribunal hearing.

2. Should the Local Planning Appeal Tribunal approve the zoning by-law amendment application, City Council authorize the City Solicitor to request that the Local Planning Appeal Tribunal withhold its Order(s) approving the application until such time as:

a. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed by-law amendments are in a form satisfactory to the City;

b. 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;

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

d. the City Solicitor confirms that the owner has addressed the outstanding issues identified in the memorandum dated January 8, 2020 from the Manager, Development Engineering, Engineering and Construction Services, including an updated Functional Servicing and Stormwater Management Report that addresses staff's concerns;

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 and 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, according to the Functional Servicing and Stormwater Management Report, and Geohydrology Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

f. the City Solicitor confirms that the implementation of the Functional Servicing and 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-laws or any such required changes have been made to the proposed amending by-laws 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.

3. 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 (February 4, 2021) from the Acting Director, Community Planning, North York District, and to report back to City Council on the outcome of those discussions, including proposed Section 37 contributions relating to any revised proposal, as appropriate.

This application proposes to amend former City of North York Zoning By-law 7659 and City of Toronto Zoning By-law 569-2013 for the property at 5995 to 5997 Yonge Street to permit a forty storey mixed-use building with 443 residential units.

The applicant has appealed the application to the Local Planning Appeal Tribunal (the "LPAT") due to Council's failure to make a decision within the timeframe prescribed in the Planning Act. A hearing has been scheduled to begin May 11, 2021.

This report recommends that the City Solicitor, together with City Planning and other appropriate staff, attend the LPAT hearing in opposition to the application. It also recommends that staff continue to have discussions with the applicant in an effort to resolve the issues outlined in this report and to report back to City Council on the outcome as appropriate.