Item - 2023.SC8.3

The Scarborough Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate staff, to attend the Ontario Land Tribunal in support of the Revised Proposal for the Zoning By-law Amendment application substantially in accordance with the revised architectural plans and drawings prepared by BDP Quadrangle dated August 16, 2023 and the soil volume plan prepared by STUDIO tla dated October 3, 2023, subject to the conditions below.

2. 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 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;

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

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.