Item - 2024.SC18.4

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 Zoning By-law Amendment application appeal, in its current form, for the lands at 4158 to 4180 Kingston Road and 8 to 12 Overture 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 the report (November 19, 2024) from the Director, Community Planning, Scarborough District.

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 Executive Director, Development Review Division 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 Chief Engineer and Executive Director, Engineering and Construction Services, 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 Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Transportation Services, and that such matters arising from such study, be secured if required;

5. the Owner has provided a revised Transportation Demand Management plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

6. the Owner has provided a wind study, to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

7. the Owner has provided a revised Energy Strategy Report, to the satisfaction of the Executive Director, Environment and Climate Division;

8. the owner has satisfactorily addressed matters from the Urban Forestry, Tree Protection and Plan Review memorandum dated December 11, 2023, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of the General Manager, Parks, Forestry and Recreation Division; and,

9. made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Executive Director, Development Review Division.

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

On June 27, 2022, a Zoning By-law Amendment application was submitted to permit the redevelopment of 4158 to 4180 Kingston Road and 8 to 12 Overture Road. The application, in its current form, seeks to facilitate the development of a 20-storey mixed use building with retail at-grade and a total of 320 dwelling units. The proposed total gross floor area (GFA) is 21,211.8 square metres, including 415 square metres of non-residential gross floor area.

On September 4, 2024, the Applicant appealed the application 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.