Item - 2022.NY33.17

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 Zoning By-law Amendment appeal for the lands at 10 Ruddington Drive 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 appeal 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 and Executive Director, City Planning;

b. the City has confirmation of water, sanitary and stormwater capacity from the Chief Engineer and Executive Director of Engineering and Construction Services or the determination of whether Holding Provisions are required in the zoning by-law amendment;

c. the Owner has provided a revised Transportation Impact Study and Transportation Demand Management Plan/Memorandum acceptable to, and to the satisfaction of the General Manager, Transportation Services and Chief Planner and Executive Director, City Planning; and that any matters arising from the Traffic Impact Study and the Transportation Demand Management Memorandum be secured, if required, all to the satisfaction of the City Solicitor and General Manager, Transportation Services and Chief Planner and Executive Director, City Planning;

d. the Owner has secured the rental tenure of the 155 retained rental housing units for 20 years, as well as needed improvements to the existing rental property without pass-through costs to tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

e. the Owner has provided and/or secured the provision of a Construction Mitigation and Tenant Communication Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

On December 18, 2020 a Zoning By-law Amendment application was submitted to construct a 14-storey rental apartment building with 182 residential units and a 10-storey condominium apartment building with 127 residential units. The existing 13 storey rental apartment building with 155 residential units would also be retained.  The total proposed gross floor area for all existing and proposed buildings would be 41,480 square metres resulting in a density of 2.88 FSI. The development proposes a total of 227 new vehicular parking spaces and an on-site parkland dedication.

On December 23, 2021, the Applicant appealed the application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 120-day time frame in the Planning Act. A Case Management Conference ("CMC") is scheduled for July 11, 2022.

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