Item - 2021.NY24.8

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 applicant's appeal respecting the Official Plan and Zoning By-law Amendment in their current form for the lands at 2, 4 and 6 Teagarden Court.

2. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of the final Order until such time as the Local Planning Appeal Tribunal is advised by the City Solicitor that:

a. the proposed Official Plan and Zoning By-law amendments are in a form and content satisfactory to the Chief Planning and Executive Director, City Planning and the City Solicitor;

b. a Section 37 Agreement has been executed and registered to secure Section 37 contributions and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the local Ward Councillor; and

c. the applicant has addressed the outstanding engineering issues identified in the March 10, 2021 memorandum from the Manager, Development Engineering – North York.

3. Should the Local Planning Appeal Tribunal approve the application in some form, City Council direct the Director, Community Planning, North York District and the General Manager of Parks, Forestry and Recreation to attempt to negotiate with the applicant an off-site parkland dedication and report back to North York Community Council  regarding those negotiations in due course.

4. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision. 

This application proposes a fourteen storey residential building with 136 residential units and a Floor Space Index (a "FSI") of 4.6 on the existing vacant site at 2, 4 and 6 Teagarden Court. 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 by the Planning Act. A Case Management Conference is scheduled for April 29, 2021.

This report reviews the application 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. It also seeks Council's direction on the application of Section 42 of the Planning Act with regards to parkland dedication.