Item - 2024.SC16.9

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 Zoning By-law Amendment application appeal, in its current form, for the lands at 708 and 712 Kennedy 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 whole or 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 Zoning By-law Amendment is satisfactory to the Executive Director, Development Review Division 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 Executive Director, Development Review Division, 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. made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Executive Director, Development Review Division;

7. satisfied outstanding comments to the satisfaction of the Toronto and Region Conservation Authority.

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

9. City Council has approved Rental Housing Demolition application No. 22 137044 ESC 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the ninety-eight (98) existing rental dwelling units on the lands and the Owner has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure, among other matters, the following:

a. the provision of ninety-eight (98) replacement rental dwelling units consisting of four (4) studio units, forty-four (44) one-bedroom units, and fifty (50) two-bedroom units;

b. the rents of the ninety-eight (98) replacement rental units shall be based on the rents of the existing rental units by their respective bedroom types at the time of application and secured for a period of at least ten (10) years beginning from the date of first occupancy of each replacement rental unit; and

c. the provision of an acceptable Tenant Relocation and Assistance Plan for all Eligible Tenants of the ninety-eight (98) existing rental units proposed to be demolished, addressing the right to return to occupy one of the replacement rental units at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning Division.

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

On March 11, 2022, Zoning By-law Amendment, Site Plan and Rental Housing Demolition applications were submitted to permit the redevelopment of 708 and 712 Kennedy Road. The application, in its current form, seeks to redevelop the site with two towers at 21 and 42 storeys in height. A total of 682 units are proposed and a total gross floor area of 49,877 square metres. The 98 rental replacement units would be included in the 682 unit total.

On May 21, 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 OLT hearing to oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.