1215 to 1255 McCowan Road - Official Plan Amendment and Zoning By-law Amendment - Decision Report - Refusal

A total of 1,446 vehicular parking spaces (primarily located in a three level underground garage that encompasses the entire site) and 1,087 bicycle parking spaces are also proposed. The proposal is not consistent with the Provincial Policy Statement 2024 (PPS 2024), does not conform with the Official Plan and fails to meet applicable Scarborough Centre Secondary Plan policies. The proposal lacks on-site parkland dedication and public streets needed to appropriately organize the site within an emerging high density context. The proposal, does not align with the current Scarborough Centre Secondary Plan nor the emerging direction from the updated Scarborough Centre Secondary Plan as recently adopted by Council. This report recommends City Council authorize the City Solicitor, together with appropriate City Staff, to appear before the Ontario Land Tribunal in support of City Council's decision to refuse the application.

3. 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; c. The owner has at its sole expense: 1. 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, Development Review, in consultation with the General Manager, Toronto Water; 2. 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, Development 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, Development Review and the General Manager, Toronto Water; 3. 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; 4. Submitted a revised Transportation Impact Study, including Transportation Demand Management Plan, and a comprehensive site circulation management plan to the satisfaction of the Executive Director, Development Review; 5. Submitted a revised Tree Protection and Preservation Plan and Soil Volume Plan to the satisfaction of the Executive Director, Environment, Climate & Forestry; 6. Submitted a revised Pedestrian Level Wind Study to the satisfaction of the Executive Director, Development Review and Chief Planner and Executive Director, City Planning; and 7. Submitted a revised Shadow Study to the satisfaction of the Chief Planner and Executive Director, City Planning. 4. City Council authorize the City Solicitor and other appropriate 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 an appeal of Council's decision is allowed by the Ontario Land Tribunal, in whole or in part.