Item - 2018.NY30.5

North York Community Council recommends that:

1. City Council direct City Planning and appropriate City staff to continue to work with the applicant to resolve outstanding issues, set out in the report (April 30, 2018) from the Director, Community Planning, North York District.

2. City Council direct the City Solicitor, together with City Planning and appropriate City Staff, to attend and to oppose the application in its current form should the application be appealed to the Local Planning Appeal Tribunal (LPAT) on the basis of Council's failure to make a decision on the application within the statutory timeframe.

3. City Council request that in the course of further discussions with the applicant, the preference for a more single-detached built form character be considered.

4. City Council request that any revisions include the opportunity for additional public consultation.

This application proposes to amend the Zoning By-law to permit nine, three-storey townhouses with rooftop terraces on the property at 1 Garnier Court.  Three are proposed to front onto Bayview Avenue and the remaining six would front onto Garnier Court.   Vehicular access for all units is proposed from Garnier Court.

This report provides an update on the status of the application and seeks City Council's direction on how to proceed with the review process should the application be appealed prior to or during the period of the City Council recess.  The application is still under review and a Final Report is not anticipated prior to the City Council recess. Under the new Local Planning Appeal Tribunal (LPAT) regulations, the applicant will have the ability to file an appeal on or after June 18, 2018. 

The proposed development is not supportable in its current form, as the proposed built form does not respect and reinforce the existing context on Garnier Street and the impact of the proposed development on the natural heritage features on and adjacent to the subject lands have not been sufficiently demonstrated .  The proposed Zoning By-law Amendment, in its current form, is not consistent with the Provincial Policy Statement, does not conform to, conflicts with the Growth Plan, and does not conform to the City’s Official Plan.