Item - 2021.NY27.5

North York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current applications regarding the Zoning By-law Amendment and Site Plan Control appeals for the lands at 134 Laird Drive.

2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner Executive Director, City Planning;

b. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment and Site Plan Control applications as set out in their memo dated June 14, 2021 or as may be updated in response to further submission(s) filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the reports will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements to the existing municipal infrastructure are required;

d. the owner has entered into a financially secured agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner has withdrawn its appeal of Official Plan Amendment 450, being the Laird in Focus Area Site Specific Policy, and the associated Zoning By-law 628-2020, as it relates to the subject lands; and

f. the owner has submitted a complete resubmission of the application to be circulated to relevant divisions and agencies and all revisions and identified pre-approval conditions through the circulation process have been met for the Site Plan Control application, to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address the issues outlined in this report.

4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

North York Community Council considered Items NY27.4 and NY27.5 together.

On August 17, 2020, a complete application to amend the Zoning By-laws and a Site Plan Control application were submitted to permit an 8-storey residential building at 134 Laird Drive.

On June 2, 2021, the applicant appealed both the Zoning By-law Amendment and Site Plan Control applications to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 90-day and 30-day time frame in the Planning Act.

The proposed development is consistent with  the Provincial Policy Statement (2020), however does not conform with a number of policies of the Growth Plan for the Greater Golden Horseshoe (2020). The proposal does not conform to the City's Official Plan, in particular the Mixed Use Areas designation, Public Realm, and Built Form policies, as well as the Laird in Focus Plan and OPA 450. Further, the proposed development does not adequately address the City's Laird in Focus Urban Design Guidelines.

This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the OLT hearing and oppose the applications in their current form and to continue discussions with the Applicant to resolve outstanding issues.