Item - 2024.SC13.3

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 applications regarding the Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision appeals, in their current form, for the lands at 180 and 260 Brimley Road.

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 this report.

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 until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:
 

a. the form and content of the Official Plan and Zoning By-law Amendments and conditions of Draft Plan of Subdivision approval are satisfactory to the Interim 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 Interim 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;

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

6. the Owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Interim Chief Planner and Executive Director, City Planning;

7. the Owner has submitted a revised Housing Issues Report to the satisfaction of the Interim Chief Planner and Executive Director, City Planning;

8. the Owner has submitted a revised Draft Plan of Subdivision to the satisfaction of the Interim Chief Planner and the Executive Director, City Planning;

9. the Owner has submitted a revised Rail Safety and Risk Mitigation study and it has been peer reviewed to the satisfaction of the Interim Chief Planner and Executive Director, City Planning;

10. the Owner has submitted a revised Air Quality and Land Use Compatibility Assessment and it has been peer reviewed to the satisfaction of the Interim Chief Planner and Executive Director, City Planning; and

11. the Owner has submitted a revised Noise and Vibration Feasibility Study and it has been peer reviewed to the satisfaction of the Interim Chief Planner and Executive Director, City Planning.

c. the City's conditions of subdivision approval, including all parkland dedication and improvement related matters, and requirements stemming from the review and acceptance of appropriate functional servicing and stormwater management reports referenced in Recommendation 3.b above have been finalized and submitted prior to the Tribunal's Final Order.

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

On July 6, 2021, Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications were submitted to permit the redevelopment of 180 and 260 Brimley Road. The application also seeks to remove  the Holding "H" symbol in the existing zoning to facilitate the development of the  proposed plan of subdivision for an area of 15.625 hectares

The subdivision proposed a number of new public streets, a new public park and blocks to support the construction of 1,337 dwelling units comprised of 215 back-to back townhouses, 950 stacked back-to-back townhouses and 172 on-street townhouses.

On February 14, 2024, the Applicant appealed the applications to the Ontario Land Tribunal (the "OLT") due to City Council failing to make a decision within the prescribed time frames in the Planning Act.

This report recommends that the City Solicitor together with appropriate City staff attend the Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.