Item - 2023.NY4.11

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate staff, to attend the Ontario Land Tribunal in opposition to the applications at 172 - 186 Finch Avenue West, 1 - 33 Grantbrook Street and 305 - 313 Hendon Avenue.

2. In the event the Ontario Land Tribunal allows the appeal, in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal withhold the issuance of its final Order(s) until the Ontario Land Tribunal has been advised by the City Solicitor 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 matters identified in the Engineering and Construction Services Memorandum dated July 29, 2021, and any outstanding issues arising from the ongoing technical review (including the provision of acceptable reports and studies), as they relate to the Official Plan and Zoning By-law Amendments application to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services;

c. in the event the updated servicing reports referred to in 2.b identify necessary upgrades to the servicing or functional items above, the owner shall   enter into financially secured agreement(s) for the construction of any such improvements all to be completed at no cost to the City and to the satisfaction of  the Chief Engineer and Executive Director, Engineering and Construction Services or alternatively, a holding provision may be required in the implementing zoning by-law, to ensure the necessary infrastructure is in place before any development can proceed;

d. the applicant submits a plan of subdivision application in order to secure the public street and required public conveyances to City standards;

e. the owner has addressed heritage matters regarding the relocation strategy and mitigation assessment to the satisfaction of the Senior Manager of Heritage Planning, Urban Design and the Chief Planner and Executive Director, City Planning;

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

g. the owner has submitted updated complete Toronto Green Standards Checklists and Statistics Templates to the satisfaction of satisfaction of the Chief Planner and Executive Director, City Planning.

3. In accordance with Section 42 of the Planning Act, prior to the first above-grade permit, the owner shall convey to the City, an on-site parkland dedication, having a minimum size of 3,135 square metres located in the northwest corner of the site, with frontage on Hendon Avenue and Grantbrook Street, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

4. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the applicant of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry and Recreation and the Parks and Recreation component of the development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

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

As of September 28, 2021, a complete Official Plan and Zoning By-law Amendments application was submitted to permit mid-rise buildings, low-rise apartments and townhouses ranging from three to 11 storeys (12 to 38 metres) with a total of 49 residential units at 172-186 Finch Avenue West, 1-33 Grantbrook Street and 305-313 Hendon Avenue.

On November 30, 2022, the applicant appealed the Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal citing Council's failure to make a decision within the prescribed time frame specified in the Planning Act.  A Case Management Conference is scheduled for March 30, 2023.

This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal hearing and oppose the application in its current form and to continue discussions with the applicant to resolve the outstanding issues.