Item - 2021.SC22.2

Scarborough Community Council recommends that:

1. City Council refuse the application for Zoning By-law Amendment in its current form for the lands at 2872, 2880 and 2882 Kingston Road for the reasons outlined in the report dated February 5, 2021 from the Director, Community Planning, Scarborough District.

2. City Council authorize the City Solicitor, together with appropriate staff, to appear before the Local Planning Appeal Tribunal (LPAT) in support of City Council’s decision to refuse the application, in the event that the application is appealed to the LPAT.

3. In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request that the Tribunal withhold its Order until such time as:

a. the Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Director, Community Planning, Scarborough District and City Solicitor;

b. the City Solicitor confirms that the owner has provided a Functional Servicing and Stormwater Management Stage 1 Report, a Hydrogeological Report and Summary Forms for each Report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services; and

c. the City Solicitor request that a holding provision (H) be included in the final form of the zoning by-law, to be lifted at such time that the following conditions have been fulfilled to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water:

i. upgrades of Wirral Sanitary Pumping Station and forcemain by the City have been constructed to solve the existing pumping station capacity constraints based on the findings of an Environmental Assessment (EA);

ii. all local municipal infrastructure improvements or upgrades required to service the proposed development identified by the accepted Functional Servicing Report are secured or constructed; and

iii. the Owner has entered into appropriate financially secured agreements to implement the required local infrastructure.

4. City Council authorize the City Solicitor and appropriate staff, in consultation with the Local Councillor, to continue discussions with the applicant to address the issues outlined in the report (February 5, 2021) from the Director, Community Planning, Scarborough District, and should a resolution be arrived at, to report back to City Council on the outcome, as appropriate.

5. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to the recommendations of this report.

This application proposes to amend Cliffcrest Community By-law 9396 and City of Toronto Zoning By-law 569-2013 for the lands at 2872, 2880 and 2882 Kingston Road to permit a 10-storey mixed-use building. The proposal contains a total of 145 dwelling units and 295 square metres of ground floor commercial space. The total gross floor area would be 9,437 square metres resulting in a density of 4.99 times the lot area. A total of 118 vehicular parking spaces are proposed in three levels of underground parking.

This report reviews and recommends refusal of the application to amend the Zoning By-law. The subject site is not appropriate for the size and scale of the development as proposed. The proposed development does not achieve appropriate transition to the lands to the north designated Neighbourhoods as required by the Official Plan and applicable Urban Design Guidelines. Additionally, the proposed development does not adequately minimize shadowing and overlook, particularly on adjacent streets and properties; and lacks sufficient landscaped open space. Further, the applicant has yet to file a Functional Servicing Report that adequately addresses whether sufficient servicing infrastructure is present to support the development.

Taken together, these issues demonstrate an overdevelopment of the subject site in a manner that is not consistent with the Provincial Policy Statement (2020), does conform with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and does not conform to the City's Official Plan.

For these reasons further outlined in this report, it is recommended that the application be refused in its current form.