Item - 2022.NY30.3

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 Application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 4926 Bathurst Street and to continue discussions with the Applicant in an attempt to resolve outstanding issues.

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 Official Plan and Zoning By-law amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has addressed the outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan Amendment and Zoning By-law Amendment applications identified in the Memorandum dated July 21, 2021, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

c. community benefits and other matters in support of the development are secured in a Section 37 Agreement, if applicable, executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

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

On November 17, 2020, an Official Plan and Zoning By-law Amendment was submitted to permit an 26 storey mixed use building with a total gross floor area (GFA) of 21,644 square metres resulting in a density of 8.54 times the area of the lot. The application was deemed complete on March 14, 2019.

On December 3, 2021, the applicant filed an appeal with the Ontario Land Tribunal ("OLT") on the application due to Council not making a decision within the 120-day time frame in the Planning Act.

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