Item - 2024.SC18.3

The Scarborough Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current Zoning By-law Amendment application in its current form and to continue discussions with the applicant to address outstanding issues including but not limited to those outlined in the report (November 20, 2024) from the Director, Community Planning, Scarborough District.

2. If the Ontario Land Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order be withheld until such time as the City Solicitor advises that:

a. The form and content of the Zoning By-law Amendment are satisfactory to the Executive Director, Development Review;

b. The Owner has submitted a revised Transportation Impact Study, traffic signal warrant analysis and Transportation Demand Management Plan acceptable to, and to the satisfaction of, the Executive Director, Development Review and General Manager of Transportation Services;

c. The Owner has addressed all outstanding urban forestry issues outlined in the memorandum dated August 26, 2024 from the General Manager, Parks, Forestry and Recreation, and any other comments that may arise further to the review of materials, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

d. The Owner has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. These reports shall determine whether the municipal water, stormwater runoff, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required; and,

e. The Owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, at the Owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or any other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

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

On March 15, 2024, a Zoning By-law Amendment application was submitted to permit  the construction of three residential buildings having  44, 35 and 9 storeys in height on the eastern portion of the subject site while retaining the existing 12 storey apartment building on the western portion of the site. Building A and B will be connected with a podium ranging in height from 2 to 6 storeys. Building C will be a standalone mid-rise building ranging in height from 4 to 9 storeys. The proposed buildings will have a gross floor area of 75,251 square metres which combines with the existing building for a total gross floor area of 97,115 square metres and an overall floor space index of 5.16.

On October 9, 2024, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal (the "OLT") due to  City Council not making a decision within the 90-day time frame established in the Planning Act.

This Report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing in opposition to the application in its current form, and to continue discussions with the applicant to resolve outstanding issues.