Item - 2025.SC19.4

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 1552, 1554, 1562, 1570 and 1572 Kingston 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 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, Geotechnical Study and Hydrogeological Report, 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. 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. 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;

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

5. submitted a community services and facilities study to the satisfaction of the Chief Planner and Executive Director, City Planning; and

6. 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 any necessary steps to implement City Council's decision.

On July 29, 2021, Zoning By-law Amendment and Site Plan applications were submitted to permit the development of an eight-storey residential building containing 93 residential dwelling units for the site municipally known as 1552, 1554, 1562, 1570 and 1572 Kingston Road.

On October 8, 2024, revised applications were submitted to permit a 12-storey (38.27 metres, including the mechanical penthouse) mixed-use building containing 168 residential dwelling units and one retail unit on the ground floor. The revised proposal consists of 11,850 square metres of gross floor area, 110 vehicular parking spaces in four levels of underground parking, 129 bicycle parking spaces and one loading space.

On December 5, 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.