Item - 2021.SC22.6

Scarborough Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate staff and/or external consultants as may be appropriate, to attend the Local Planning Appeal Tribunal ("LPAT") hearing to oppose the applicant's appeal respecting the Official Plan Amendment application (Application No. 19 208733 ESC 21 OZ) for the lands at 1900 Eglinton Avenue East, for the reasons contained in the report dated February 5, 2021, from the Director, Community Planning, Scarborough District.

2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to resolve the outstanding issues detailed in the report dated February 5, 2021, from the Director, Community Planning, Scarborough District, and to support a revised proposal that is generally consistent with Official Plan Amendment No. 499 ("OPA 499") for the lands at 1900 Eglinton Avenue East, and report back to City Council on the outcome of discussions, if necessary.

3. City Council direct the City Solicitor to request the owner of the subject lands to address the preliminary issues related to infrastructure required to support the anticipated growth in the overall context of the Golden Mile Secondary Plan ("GMSP") area, including streets, density, servicing, parks, and community service facilities which are to be assessed comprehensively, including coordination with other GMSP landowners.

4. In the event the Local Planning Appeal Tribunal ("LPAT") allows the subject appeal in whole or in part, that City Council direct the City Solicitor to request the LPAT to withhold the issuance of any Order on the Official Plan Amendment appeal for the subject lands until such time as the LPAT has been advised by the City Solicitor that the proposed Official Plan Amendment is in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

The Scarborough Community Council recessed its public meeting to meet in closed session to consider the item as it pertains to receiving advice that is subject to solicitor-client privilege

This application proposes to amend the Official Plan to add a Site and Area-Specific Policy ("SASP") for the property at 1900 Eglinton Avenue East (see Attachment 1:  Location Map) to permit a mixed-use development including new public streets and parkland.

The subject lands are located within the Golden Mile Secondary Plan ("Secondary Plan") area approved through Official Plan Amendment No. 499 ("OPA 499"), and are also subject to new Golden Mile Urban Design Guidelines, as adopted by City Council on October 30, 2020.  The application was submitted on August 20, 2019 and has been appealed to the Local Planning Appeal Tribunal ("LPAT") citing City Council's failure to make a decision within the prescribed time frames set out in the Planning Act.  The appeal was filed on April 23, 2020, during the COVID-19 state of emergency.

The purpose of this report is to seek City Council's direction for the City Solicitor, together with appropriate City staff and/or external consultants, to attend the LPAT hearing to oppose the subject application.  City staff have concerns with the proposed Official Plan Amendment and are of the opinion that the proposed amendment, in its current form is not consistent with the Provincial Policy Statement (2020) ("PPS"), does not conform with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) ("Growth Plan (2020)"), and is not consistent with the general intent of and fails to conform with the Official Plan. Further the proposed amendment is not supportable, in its current form, in the context of OPA 499 and not consistent with the general intent or conform to OPA 499.