Item - 2023.SC7.3

The 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 application regarding the Zoning By-law Amendment, in its current form, for the lands at 2941 Eglinton Avenue East.

2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address outstanding issues, including but not limited to those outlined in the report (August 22, 2023) from the Acting Director, Community Planning, Scarborough District.

3. In the event that the Ontario Land Tribunal allows the appeals in part, City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:
 

a. the proposed Zoning By-law Amendment is in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the Owner has, at its sole cost and expense:

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

2. 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;

3. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws, to the satisfaction of the Chief Planner and Executive Director, 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;

4. submitted a revised Transportation Impact Study or addendum, acceptable to, and to the satisfaction of, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and that such matters arising from such study, be secured if required; and

5. submitted a revised Arborist Report or addendum and Tree Protection Plan acceptable and satisfactory to the General Manager, Parks, Forestry and Recreation; and

6. has addressed the comments from the TTC in their letter dated December 28, 2022.

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

On September 16, 2022, a Zoning By-law Amendment application was submitted to permit a 44-storey mixed-use building with 37,419 square metres of residential gross floor area for a total of 555 units and 288 square metres of ground floor retail space at 2941 Eglinton Avenue East. The proposal would have a net Floor Space Index of 8.79 times the area of the lot.

On March 24, 2023, the Applicant appealed the application to the Ontario Land Tribunal (the "OLT") due to City Council failing to make a decision within the 90-day time frame in the Planning Act.

This report recommends that the City Solicitor together with 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.