Item - 2021.SC25.3

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 Ontario Land Tribunal ("OLT") hearing to oppose the applicant's appeal respecting the Official Plan Amendment application (Application No. 15 258686 ESC 37 OZ) for the lands at 1966 to 2050 Eglinton Avenue East and 50 Thermos Road, for the reasons contained in the report dated June 3, 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 June 3, 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 1966 to 2050 Eglinton Avenue East and 50 Thermos Road, 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 area ("GMSP area"), including streets, density, servicing, parks, and community service facilities which are to be assessed comprehensively, including coordination with other GMSP area landowners.

4. In the event the Ontario Land Tribunal ("OLT") allows the subject appeal in whole or in part, that City Council direct the City Solicitor to request the OLT to withhold the issuance of any Order on the Official Plan Amendment appeal for the subject lands until such time as the OLT 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.

This application proposes to amend the Official Plan to add a Site and Area-Specific Policy ("SASP") for the property at 1966 to 2050 Eglinton Avenue East and 50 Thermos Road (see Attachment 1: Location Map) to permit a mixed-use development including new public streets and parkland.  The existing low-rise retail buildings, with a total gross floor area of 31,451 square metres, would be demolished.  

The subject lands are located within the Golden Mile Secondary Plan area ("GMSP 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 November 30, 2015, and has been appealed to the Ontario Land Tribunal ("OLT") (formerly 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 November 24, 2017. On January 29, 2020, City Council directed the City Solicitor and appropriate staff to attend in support of the Official Plan Amendment application, subject to revisions, including revising the requested density to a maximum of 3.0 times the area of the site. 

On November 25, 2020, the applicant submitted a revised proposal to amend the Official Plan to add a SASP to the property at 1966 to 2050 Eglinton Avenue East and 50 Thermos Road to permit a mixed-use development with new streets and parkland. Despite repeated requests from the City, the planning instrument, being the draft Official Plan Amendment was not submitted until April 28, 2021, to City Planning staff. The purpose of this further Request for Directions report is to seek City Council's direction on the revised application. It is recommended that the City Solicitor, together with appropriate City staff and/or external consultants, attend the OLT hearing to oppose the revised Official Plan Amendment application submitted on November 25, 2020. City staff have concerns with the proposed Official Plan Amendment and are of the opinion 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.