Item - 2022.SC33.13

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 4121 Kingston Road 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 hold issuance of its final Order until:
 

a. the final form and content of the draft 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 in their memo dated June 8, 2021 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 all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review in their memo dated June 8, 2021 as they relate to the Zoning By-law amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review and the owner has submitted a revised Landscape Plan and/or Tree Inventory and Preservation Plan Report and that Tree Preservation matters are resolved to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

e. the owner has addressed the comments from the Toronto Transit Commission in their letter dated June 1, 2021.

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

On June 1, 2021, a Zoning By-law Amendment application was submitted to permit a development with 4 mixed-use buildings consisting of 10 and 12-storey mid-rise buildings located along Kingston Road and 25 and 35 storey buildings located on the southern portion of the site. The proposed development would have a gross floor area of 88,051 square metres, comprising 84,298 square metres of residential uses and 3,753 square metres of commercial uses. The proposal would have a net Floor Space Index of 6.7 times the area of the lot and a total of 996 residential units. The application also proposes a total of 533 vehicular and 973 bicycle parking spaces. A new east-west private street and a new public street along the eastern edge of the site are proposed.

On February 15, 2022, the Applicant 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.