Item - 2022.SC32.1

Scarborough Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate staff, to attend the Ontario Land Tribunal in opposition to the current application regarding the Zoning By-law Amendment for the lands at 40 and 42 Tuxedo Court and to continue discussions with the Applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the Tribunal's Order contain:
 

a. the final form and content of the draft Official Plan and Zoning By-laws to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has addressed the major outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. Transportation Services has confirmed that the proposed transportation impact, parking and loading are acceptable;

d. the owner has addressed the comments from the Toronto and Region Conservation Authority; and

e. where applicable community benefits and other matters in support of the development are to be secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. City Council authorize the City Solicitor and City Staff to take and necessary steps to implement City Council's decision.

On May 28, 2021, a Zoning By-law Amendment application was submitted to permit a mixed-use building with two towers, one 29-storeys and the other 26-storeys, a 667 square metre child care centre and 644 dwelling units at 40 and 42 Tuxedo Court. The existing 15-storey apartment building on-site would be retained.

On January 21, 2021, the Applicant has appealed the application to the Ontario Land Tribunal (the "OLT") due to City Council not making a decision within the 90-day time frame in the Planning Act.

This report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing to oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.