Item - 2023.SC4.2

The Scarborough Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the appeal of the Zoning By-law Amendment application in its current form for the lands at 4630 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 the Tribunal that the issuance of any Final Order be withheld until such time as the City Solicitor advises that:

a. the amending by-law is finalized, in a form and content acceptable to the City Solicitor and Chief Planner and Executive Director, City Planning, in a manner that implements the proposed development;

b. the applicant has submitted a Traffic Impact Study and Transportation Demand Management Plan to the satisfaction of the General Manager, Transportation Services and Program Manager, District Transportation Planning Unit, Scarborough District;

c. the applicant has addressed comments raised in the March 29, 2022 memorandum from the Toronto Transit Commission (TTC) to the satisfaction of the TTC;

d. the applicant has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a Site Servicing Review to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and demonstrate how this site can be serviced and whether the existing municipal infrastructure is adequate; and

e. the applicant has entered into a financially secured Development Agreement for the construction of any improvements  to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Site Servicing Review accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

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

On December 29, 2021, a Zoning By-law Amendment application was submitted to permit the redevelopment of the subject lands with a 13-storey mixed-use building containing 417 residential units and 273.1 square metres of retail floor area. On August 23, 2022, the Applicant appealed the application to the Ontario Land Tribunal (the "OLT") due to City Council not making a decision within the time frame legislated by the Planning Act.

City Planning Staff do not support the application in its current form as issues related to mix of uses have not been appropriately addressed. The applicant has also not satisfactorily demonstrated that the site can be serviced by available municipal infrastructure nor has it submitted an acceptable transportation impact statement. This report recommends that the City Solicitor, with the appropriate City staff, attend the OLT hearing to oppose the application in its current form. The report also recommends that staff be authorized to continue discussions with the Applicant to resolve outstanding issues.