Item - 2025.SC26.2

That City Council adopt the following recommendations in the supplementary report (November 7, 2025) from the Executive Director, Development Review [SC26.2a]:

1. City Council delete the Scarborough Community Council recommendations and adopt instead the following new recommendations:

1. City Council direct the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal in opposition to the Official Plan and Zoning By-law Amendment application appeal, in its current form, for the lands municipally known as 402, 404, 406 and 408 Livingston Road North and to continue discussions with the applicant in an attempt to resolve outstanding issues, including but not limited to those outlined in the report (October 3, 2025) from the Director, Community Planning, Scarborough District.

2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment and Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. The final form and content of the draft Official Plan Amendment is satisfactory to the Executive Director, Development Review and the City Solicitor;

b. The final form and content of the draft Zoning By-law Amendment is satisfactory to the Executive Director, Development Review and the City Solicitor; and,

c. The owner has at its sole expense:

i. Submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Director, Engineering Review, in consultation with the General Manager, Toronto Water;

ii. Secured the design and provided financial securities in respect of 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 Director, Engineering Review and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the Engineering Reports accepted by the Director, Engineering Review and the General Manager, Toronto Water;

iii. Ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Executive Director, Development Review, and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;

iv. Submission of a revised Rail Safety and Risk Mitigation Report, which is subject to a third-party review, including any identified mitigation measures; and

v. Submission of a revised Noise and Vibration Impact Study, which is subject to a third-party review, including any identified mitigation measures.

3. City Council authorize the City Solicitor and City Staff to take any necessary steps to implement City Council's decision, including requesting any conditions of approval that would be in the City's interest, in the event the Ontario Land Tribunal allows the appeal, in whole or in part.