Item - 2019.SC4.10

Scarborough Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal (the "LPAT") and oppose the applications in their current form, and to support the position outlined in the Request for Directions report for 6480-6484 Kingston Road (March 11, 2019) from the Director, Community Planning, Scarborough District.

2. City Council direct City Planning staff to continue negotiations with the applicant to resolve the outstanding issues detailed in the Request for Directions report for 6480-6484 Kingston Road (March 11, 2019) from the Director, Community Planning, Scarborough District, and if the issues are successfully resolved, that City Council direct the City Solicitor together with appropriate staff to attend the Local Planning Appeal Tribunal (the "LPAT") hearing in support of the revised proposal.

3. In the event the proposal is revised to resolve the issues outlined in the Request for Directions report for 6480-6484 Kingston Road (March 11, 2019) from the Director, Community Planning, Scarborough District to the satisfaction of the Chief Planner and Executive Director, City Planning, City Council classify the lands municipally known as 6480-6484 Kingston Road as a Class 4 Noise Area pursuant to Publication NPC-300 (Ministry of Environment and Climate Change Environmental Noise Guideline – Stationary and Transportation Sources – Approval and Planning), contingent upon the issuance of an LPAT Order allowing the appeals in part for the lands at 6480-6484 Kingston Road.

4. In the event that the LPAT allows the appeals in whole or in part, City Council direct the City Solicitor to request the LPAT to withhold its final Order until:

a. the final form and content of the draft Zoning By-law is satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services;

b. draft Plan of Subdivision conditions are submitted by the City to the LPAT that address the technical requirements of the development including among other matters, servicing, grading and stormwater management matters, the construction of streets and tree protection and planting as determined by the Chief Planner and Executive Director, City Planning in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the LPAT delegates clearing of the Subdivision conditions back to the Chief Planner and Executive Director, City Planning;

d. the owner has submitted a revised Functional Servicing Report and a revised Hydrogeological Report to determine the stormwater runoff, groundwater discharge, sanitary flow and water supply demand and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and if upgrades/improvements to the existing municipal infrastructure are required to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

e. the owner has entered into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the Functional Servicing Report and Hydrogeological Report, accepted by the Chief Engineer and Executive Director of Engineering and Construction Services.

5. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement the recommendations 1 through 4 to this report (March 11, 2019) from the Director, Community Planning, Scarborough District.

The applicant proposes to amend the relevant Zoning By-laws and obtain Draft Plan of Subdivision approval in order to permit the redevelopment of 6480-6484 Kingston Road with a total of 12 new residential dwelling units comprised of 3 townhouse units fronting Kingston Road and 9 detached units fronting a newly proposed 18.5 metre (60 foot) wide public street. The owner of the site has appealed the Zoning By-law Amendment and Draft Plan of Subdivision applications to the Local Planning Appeal Tribunal (LPAT) citing City Council's failure to make a decision on the applications within the time period prescribed under the Planning Act. A five day hearing is scheduled to commence on June 17, 2019.

The applicant has recently submitted a with prejudice proposal. The purpose of this report is to seek City Council's direction for the hearing. Staff recommend that the City Solicitor and other appropriate City staff be authorized to attend the Local Planning Appeal Tribunal hearing to oppose the applications, as currently proposed. The report also identifies outstanding concerns and seeks Council direction for staff to continue negotiating with the applicant to resolve these concerns in advance of the hearing.

Staff are not satisfied that in its current form, the proposed applications have satisfactorily addressed environmental concerns and associated technical matters related to sanitary servicing and groundwater; site design; building setbacks; and, landscaping/tree planting.