Item - 2023.SC9.4

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 current form of the application regarding the Zoning By-law Amendment for the lands at 4674 Kingston Road.

2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the Owner to address outstanding issues, including but not limited to those outlined in the report (October 31, 2023) from the Director, Community Planning, Scarborough District.

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

a. the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

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

1. submitted a revised Functional Servicing Report, including a Stormwater Management Report and Hydrogeological Report or addendums ("Engineering Reports"), and to address all the matters in the Engineering and Construction Services Memorandum dated October 11, 2022, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, General Manager, Toronto Water and General Manager, Transportation Services;

2. made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate agreement with the City for the design and 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 accepted Engineering Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

3. submitted a revised Transportation Impact Study or addendum 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;

4. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or that 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;

5. addressed the matters from the Urban Forestry Memorandum dated October 28, 2022 to the satisfaction of the General Manager, Parks, Forestry and Recreation;

6. submitted an updated complete Toronto Green Standards (TGS) Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

7. addressed the comments from the TTC in their letter dated November 16, 2022.

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

On August 11, 2022, Kingston Residences Inc. (the “Owner”) submitted an application to amend the Zoning By-law to permit a 13-storey mixed-use building. A total of 483 residential units are proposed. The proposed total gross floor area (GFA) is approximately 31,077 metres, consisting of 30,411 square metres of residential GFA and 665.4 square metres of non-residential GFA, comprised of retail space. The proposal would have a Floor Space Index of 3.87 times the area of the lot.

On July 28, 2023, the Owner 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 Owner to resolve outstanding issues.