Item - 2023.SC7.4

The Scarborough Community Council:

1. Deferred consideration of the item until the October 19, 2023 meeting of the Scarborough Community Council.

On December 6, 2021, a Zoning By-law Amendment application was submitted to permit the construction of an 11-storey residential building with 187 units at 36-40 Ellesmere Road. The proposed gross floor area was 14,794 square metres resulting in a Floor Space Index of 3.53 times the area of the lot. A total of 220 vehicular parking spaces and 172 bicycle parking spaces were proposed.

On March 16, 2023, the Applicant appealed the application to the Ontario Land Tribunal (the "OLT") due to City Council not making a decision within the prescribed timelines under the Planning Act.

Subsequent to the appeal, the applicant submitted a revised proposal on July 16, 2023 ("the Revised Proposal") which addresses the majority of the rezoning issues that were identified by staff during the first circulation. The Revised Proposal contemplates a 12-storey mixed-use building with 14,331 square metres of residential gross floor area for a total of 187 units and 202 square metres of ground floor retail space at 36 to 40 Ellesmere Road. The proposal would have a net Floor Space Index of 3.47 times the area of the lot.

This report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing in support of a settlement on the application based on recommendations and comments contained within this report.