Item - 2022.NY30.6

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 3280 Dufferin Street and 12 to 16 Orfus Road 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 owner has addressed all outstanding issues related to the Zoning By-law Amendment application within the Engineering and Construction Services Memorandum dated August 3, 2021, or as may be updated, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has provided 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;

d. the owner has made satisfactory arrangements with Engineering and Construction Services and entered into appropriate agreements 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 Executive Director of Engineering and Construction Services;

e. 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;

f. the owner has addressed all outstanding issues related to the Zoning By-law Amendment application within the the Planning Memorandum dated August 10, 2021, or as may be updated, to the satisfaction of the Director of Community Planning, North York District, and satisfied all other comments and issues of other City Divisions and agencies related to the Zoning By-law Amendment; and

g. where applicable, community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

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

On June 14, 2021 a Zoning By-law Amendment application was submitted to permit a 14-storey (45.2 metres) mixed-use building with 352 residential units and retail at grade, and a 494.8 square metre on-site parkland dedication at the northeastern portion of the site.

On November 18, 2021 the Applicant appealed the application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 90-day time frame in the Planning Act.

This report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing to oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.