Item - 2024.NY14.9

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 Amendment and Zoning By-law Amendment appeal for the lands at 8-10 Hyde Park Circle 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 Official Plan Amendment and / or Zoning By-law Amendment appeal in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold the issuance of any final Order(s) until such time as:

a. the final form and content of the draft Official Plan Amendment 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 all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the application, to the satisfaction of the Supervisor, Tree Protection and Plan Review.

c. the owner has provided a revised Traffic Impact Study, including acceptable Transportation Demand Measures (TDM), to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning Division;

d. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the application, inclusive of sanitary sewer easement issues and storm overland easement issues, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and,

e. the owner has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and / or road improvements are required to the infrastructure to support the development, according to the accepted Engineering Reports and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services.

3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report, City Council direct the City Solicitor and appropriate City staff to request that a Holding provision (H) be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City, for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

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

On May 23, 2023, an application to amend the Official Plan and Zoning By-law was submitted to permit the development of a 4-storey (15.9 metre plus 4.6 metres to mechanical penthouse) residential building containing 55 residential dwelling units with a gross floor area of 10,202 square metres (Floor Space Index of 1.4) on the lands known as 8 and 10 Hyde Park Circle. The development is proposed to have vehicular access off Post Road and loading access off Bayview Avenue.

On February 21, 2024, the Applicant appealed the application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the time frame prescribed in the Planning Act. A Case Management Conference was scheduled on May 2, 2024.

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