Item - 2019.SC10.8

Scarborough Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City Staff to attend and oppose the Zoning By-law Amendment and Site Plan applications in their current form for the lands at 39-45 Thora Avenue.

2. City Council direct the City Solicitor and City Staff to continue discussions with the applicant and seek revisions to the application in an attempt to resolve the outstanding issues outlined in the report dated October 21, 2019, from the Director, Community Planning, Scarborough District.

3. In the event that the Local Planning Appeal Tribunal allows an appeal of the Zoning By-law Amendment and Site Plan applications in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) approving the application until:

a. The Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning Division;

b. The owner submits to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans. In addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development; and

c. Conditions of Site Plan Approval are identified in a form satisfactory to the Chief Planner and Executive Director, City Planning Division.

4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the foregoing.

The applicant has appealed their applications for Zoning By-law Amendment and Site Plan approval to the Ontario Municipal Board (now transitioned to the LPAT) due to City Council's failure to make a decision within the timelines set out in the Planning Act. The hearing is scheduled for August 4, 2020.

The application proposes to redevelop the site with 3 blocks of residential buildings comprising of the following:

A 3-storey detached building containing 1 residential unit fronting onto Thora Avenue;
A 3-storey townhouse block containing 5 residential units perpendicular to Thora Avenue and fronting onto a private walkway;
A 3-storey townhouse block containing 10 residential units, located at the rear; and
An underground parking garage containing 24 parking spaces, garbage /recycling room, storage area and an electrical room.
 

The purpose of this report is to seek City Council's direction for the City Solicitor, together with appropriate City staff, to attend the LPAT hearing to oppose the application in its current form as it does not conform to the policies of the Official Plan.

The proposed development is not respectful of the existing physical character of the adjacent established Neighbourhood, particularly in terms of site organization, prevailing building type, height, massing and scale. The adjacent neighbourhood is comprised of 1-2 storey detached and semi-detached dwellings that have direct access and frontage on public streets, have clearly visible main entrances and established landscaped open spaces and distances between buildings. The proposal represents overdevelopment of the site and would set a negative precedent in the neighbourhood.

This report also recommends that the City Solicitor and appropriate staff be directed to continue discussions with the applicant in an effort to address the outstanding issues outlined in this report.