Item - 2023.SC5.4

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 current Official Plan and Zoning By-law Amendment application appeal for the lands at 100 Eglinton Square and to continue discussions with the applicant in an attempt to resolve the 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 final form and content of the draft Official Plan Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

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

c.  the owner has at its sole cost and expense:

i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii. implemented the accepted Engineering Reports and confirmed that the implementation does not require changes to the proposed amending By-laws or any required changes have been made to the proposed amending By-laws to the satisfaction of the Chief Planner, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new or upgrades to existing municipal servicing infrastructure as may be required;

iv. submitted a revised Multi-Modal Transportation Impact Study satisfactory to the General Manger, Transportation Services and thereafter implement any such requirements as part of the Site Plan Control application; and

v. submitted a Transportation Justification Addendum and Travel Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services.

3. City Council authorize the City Solicitor and appropriate City staff to take all necessary actions to implement City Council's decision on this matter.

On April 26, 2022, an Official Plan and Zoning By-law Amendment application was submitted to permit the construction of a 35-storey mixed-use building with a total gross floor area of 20,218 square metres (18,975 square metres for residential uses, 328 square metres for retail uses and 915 square metres for office uses) and 296 residential units on the lands known as 100 Eglinton Square. The subject lands are located within the Golden Mile Secondary Plan Area.

On September 28, 2022, the Applicant appealed the application to the Ontario Land Tribunal  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 built form, massing, setbacks, and separation distance have not been appropriately addressed. The Applicant has also not coordinated with the adjacent landowners with regard to built form, transition and the provision of municipal infrastructure. This report recommends that the City Solicitor, with the appropriate City staff, attend the Ontario Land Tribunal 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.