Item - 2022.SC33.14

Scarborough Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate staff and/or external consultants, to attend the Ontario Land Tribunal in opposition to the Official Plan Amendment application (Application 19 257336 24 OZ) and the Zoning By-law Amendment (Application 17 277456 ESC 38 OZ) for the lands at 670, 680 and 690 Progress Avenue and to continue discussions with the Applicant in an attempt to resolve outstanding issues detailed in the report dated June 13, 2022, from the Director Community Planning, Scarborough District.

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

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

On December 19, 2017 a Zoning By-law Amendment application (Application No. 17 277456 ESC 38 OZ) along with a Draft Plan of Subdivision Application (Application No. 17 277479 ESC 38 SB) were submitted to permit the redevelopment of the lands with seven tall, residential buildings ranging in height from 14 to 48 storeys and twelve four-storey back-to-back townhouse blocks with a total of 2,245 residential units. The proposed buildings would be spread out over 5 development blocks with a centrally located public park being its own block. Two public streets are proposed within the site, along with one private street.

On December 6, 2019 the Applicant filed a request to amend the City's Official Plan Amendment (Application No. 19 257336 24 OZ) to exempt the site from Policy 6.3 of the Scarborough Centre Secondary Plan in order to bring the parkland dedication rate for the site into accordance with the parent Official Plan policies regarding parkland that are in force at the time of issuance of the first above-grade building permit.

On May 26, 2022, the Applicant appealed the Official Plan amendment and Zoning By-law amendment applications 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. The Applicant has not appealed the Draft Plan of Subdivision Application.

This report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing to oppose the Official Plan amendment and Zoning By-law amendment applications in their current form and to continue discussions with the Applicant to resolve outstanding issues.