Item - 2024.SC11.4

The Scarborough Community Council recommends that:

1. City Council refuse the applications for an Official Plan Amendment and Zoning By-law Amendment (Application No. 23 228704 ESC 22 OZ) in their current form, for the lands municipally known as 4151 to 4155 Sheppard Avenue East and 5 Lamont Avenue.

2. In the event the applications are appealed to the Ontario Land Tribunal, City Council, pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Official Plan Amendment and Zoning By-law Amendment applications, to the satisfaction of the Chief Planner and Executive Director, City Planning and City Solicitor.

3. City Council direct the City Clerk, should an appeal be filed, to notify all persons or public bodies who may have filed an appeal to this decision of City Council’s intention to rely on subsections 22(8.1) and 34(11.0.0.1) of the Planning Act and the City Clerk shall provide notice to all prescribed persons or public bodies under subsections 22(8.2) and 34(11.0.0.2) of the Planning Act. 

4. City Council direct the City Clerk, should an appeal be filed, to notify the Ontario Land Tribunal of City Council’s intention pursuant to subsections 22(8.1) and 34(11.0.0.1) of the Planning Act, and that the Ontario Land Tribunal shall receive the record, the notice of appeal and other prescribed documents and materials seventy-five (75) days after the last day for filing a notice of appeal for these matters.

5. Should the Official Plan Amendment and Zoning By-law Amendment applications be resolved, and there is no appeal to the Ontario Land Tribunal or the appeal to the Ontario Land Tribunal has been withdrawn, City Council direct the Director, Community Planning, Scarborough District, to bring forward an Approval Report to the Scarborough Community Council for a statutory public meeting as required under the Planning Act.

6. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

This application proposes to amend the Official Plan and Zoning By-law to permit a 46-storey (152.9 metres) mixed-use building at 4151 to 4155 Sheppard Avenue East and 5 Lamont Avenue. The proposed 726 dwelling units would be deployed within 43,946 square metres of residential gross floor area accompanied by 520 square metres of non-residential gross floor area. The resulting total gross floor area is 44.467.1 square metres is equivalent to a Floor Space Index (FSI) of 11.72 times the lot area. A three-level underground garage is also proposed to contain 232 vehicular parking spaces.

The proposed development is not consistent with the Provincial Policy Statement (2020), does not conform to the City’s Official Plan, including the Agincourt Secondary Plan, and does not meet the intent of the Tall Building Design Guidelines

This report reviews and recommends refusal of the application to amend the Official Plan, Agincourt Secondary Plan and the Zoning By-law.  The intensity of the proposed development is not appropriate for the site and does not provide appropriate transition to the lower scale built form to the south in accordance with the development criteria provided for by Official Plan policies and accompanying urban design guidelines.