Item - 2021.NY23.3

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff to attend the Local Planning Appeal Tribunal hearing to oppose the Zoning By-law Amendment Application in its current form.

2. City Council direct City Planning Staff to continue to work with the applicant to resolve the issues detailed in this report.

3. In the event that the Local Planning Appeal Tribunal approves the application in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal withhold its Order(s) approving the Zoning By-law Amendment(s) applicable to the subject lands until such time as the City Solicitor confirms that:

a. the final form and content of the draft Zoning By-law Amendment(s) are satisfactory to the City Solicitor, and the Chief Planner and Executive Director, City Planning Division, in consultation with  the Chief Engineer and Executive Director, Engineering and Construction Services;

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

i. the Owner has at its sole expense provided a Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

ii. the Owner at its sole expense design and provide financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report,  to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Functional Servicing Report and Stormwater Management Report, Foundation Drainage Report, and Hydrogeological Review, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;  

iii. confirmation from the City Solicitor that the implementation of the Functional Servicing Report, Groundwater Report, Stormwater Management Report and Hydrogeological Report, including the Foundation Report, accepted by Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water 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, City Planning Division and the City Solicitor; and

iv. should it be deemed necessary by the Chief Engineer and Executive Director, Engineering and Construction Services, the by-laws shall require the owner, at no cost to the City, prior to the issuance of any above grade permit for all or any part of the site, including for clarity, any conditional above-grade building permit, to design, financially secure, construct, and make operational, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the City Solicitor.

4. City Council direct that any approved Zoning By-law Amendment for the lands municipally known at 1460 Victoria Park Avenue contain a Holding Symbol (H) pursuant to Section 36 of the Planning Act, the form and content to the satisfaction of the Chief Planner and Executive Director City Planning Division and the City Solicitor, and be subject to the substantial completion of the Municipal Class Environmental Assessment Study for the Golden Mile area, where a preferred alignment of O'Connor Drive has been selected.

This Report responds to the Zoning By-law Amendment application which has been appealed to the Local Planning Appeal Tribunal due to the lack of a decision by City Council.

The applicant proposes to amend the Zoning By-law in order to permit the redevelopment of the lands at 1460 Victoria Park Avenue with a 9-storey building containing 114 residential dwelling units and one retail unit at grade fronting onto Victoria Park Avenue. The overall floor space index proposed for this project is 4.19 times the lot area.

The proposed development in its current form is not consistent with the Provincial Policy Statement (2020), does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) or the City's Official Plan.  Issues to be resolved, as outlined in this report, include: site organization, building massing and setbacks, the proposed future alignment of O'Connor Drive, and the use of a Holding Symbol.

The Zoning By-law amendment application was appealed on June 12, 2020 to the Local Planning Appeal Tribunal (LPAT) on the basis that the City failed to make a decision within the prescribed time period set out in the Planning Act.  A Case Management Conference was held on February 23, 2021.  A second Case Management Conference will be held on May 25, 2021 to finalize the issues list and the Procedural Order. 

This report recommends that the City Solicitor, together with City Planning staff, and other appropriate City staff, attend the LPAT hearing in opposition to the current proposal. It is also recommended that staff continue to work with the applicant in an attempt to resolve the outstanding issues with the application as outlined in this report.