1221 Markham Road - Minor Variance and Site Plan Control Appeals - Request for Further Direction

Of this amount $240,000 was allocated toward improvements to Woburn Park, and $200,000.00 allocated toward improvements to the Scarborough Animal Shelter and/or streetscape improvements to public roads in the vicinity of the site. As there was no draft plan of subdivision application involved, the requirement for the owner to construct and convey a new public street along the south and east portions of the Site, as identified through the 2009 Markham-Ellesmere Revitalization Study, was also secured through the Section 37 Agreement as a legal convenience. The original owner did not proceed with the redevelopment on the Site. In July 2020 the new owner submitted a significantly more comprehensive Site Plan Control application (20 171710 ESC 24 SA) (the "Site Plan Control Application") for a similar three tower development. Through the review process it became apparent that zoning relief would be required to accommodate the more detailed site plan and building designs now proposed. The proposed Site Plan includes additional 146 dwelling units (totalling 879 units) and 13,595 square metres of additional density (totalling 75,760 square metres), along with a number of height variances. Additionally the new owner is seeking a revision to the registered Section 37 Agreement to adjust the timing obligations for the construction of the new public street and its conveyance to the City. In October 2021 the owner submitted a minor variance application (Application 21 228990 ESC 24 MV (A0347/21SC)) (the "Minor Variance Application") to secure a total of 28 variances, some by necessity replicating similar variances to development standards specific to each of the three buildings. Planning staff concluded that the matter should be presented to City Council for consideration, having regard for the number of variances, the increase in the unit count and density, as well as the proposed amendments to the registered Section 37 Agreement in order to secure design, construction and conveyance of the new public road. Accordingly, Planning staff recommended that the Committee of Adjustment refuse the Minor Variance Application. At its hearing on December 8, 2021, the Committee of Adjustment refused the Minor Variance Application. On December 13, 2021 the owner appealed the Site Plan Control Application to the Ontario Land Tribunal (the "OLT"), citing the City's failure to approve the Site Plan within 30 days of its submission, as provided in section 114 of the City of Toronto Act, 2006. On December 14, 2021, the owner also appealed the Committee of Adjustment's decision on the Minor Variance Application to the OLT, requesting that the two appeals be consolidated for a joint hearing. On April 28, 2022 the OLT held the first Case Management Conference in these appeals. The second Case Management Conference is currently scheduled to take place on June 21, 2022. The purpose of this report is to request further instructions in advance of the second Case Management Conference. City Planning has been involved in the preparation of this report.

3. City Council direct that all other information contained in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.