Item - 2023.NY3.2

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 1141 Roselawn Avenue 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-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Owner has submitted to the Chief Engineer and Executive Director of Engineering and Construction Services for review and acceptance, prior to approval of the rezoning application, a revised Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development;

c. the Owner has made satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services;

d. the Owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10;

e. the Owner has submitted to the Chief Engineer and Executive Director of Engineering and Construction Services for review and acceptance, prior to approval of the Official Plan Amendment and rezoning applications, a gas investigation report and a certified letter that is signed and stamped by a qualified person, for the possible presence of methane gas on the property; and,

f. the Owner has submitted a revised Transportation Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, and that such matters be secured if required.

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

On December 23, 2021, an Official Plan and Zoning By-law Amendment application was submitted and subsequently deemed complete on December 31, 2021. The application seeks to permit an 11-storey residential building with 9,689 square metres of residential Gross Floor Area, 133 units, 94 vehicle parking spaces, and 163 bicycle parking spaces.

On July 7, 2022, the Applicant appealed the application to the Ontario Land Tribunal 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 Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.