Item - 2020.NY20.2

North York Community Council recommends that:

1. City Council amend the Official Plan Number 208, for the lands at 5799 to 5915 Yonge Street, 45 and 53 Cummer Avenue, and 46 and 47 Averill Crescent substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 3 to this report (November 13, 2020) from the Acting Director, Community Planning, North York District.

2. City Council amend Zoning By-law No. 7625, as amended, for the lands at 5799 to 5915 Yonge Street, 45 and 53 Cummer Avenue, and 46 and 47 Averill Crescent substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 4 to this report (November 13, 2020) from the Acting Director, Community Planning, North York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendment as may be required.

4. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an amending Agreement pursuant to Section 37 of the Planning Act to secure the following community benefits:

a. the Owner provide for an expanded Community Recreation Facility of a minimum of 5190 square metres, finished, including a daycare of 900 square metres, and an abutting 300 square metres of outdoor play space, and subject to the following:

i. design and construction shall conform with City regulations, guidelines and design criteria;

ii. all materials, products, finishes, devices, signs, appliances and systems shall be designed with regard for the demands of an intensively used public building operated and maintained by the City;

iii. 11 parking spaces shall be provided to the City at no cost;

iv. prior to condominium registration containing the second tower of Phase 2/Block 2, the Owner will convey the Community Recreation Facility, as freehold strata title, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

v. the City and the Owner will enter into such reciprocal and cost agreements and provide such easements as are commercially reasonable and typical of a multiple-use, stratified, multiple-owner, integrated development block.

b. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation to execute on behalf of the City, a Construction Management Agreement with the Owner for the construction of the Community Recreation Facility, on terms and conditions deemed necessary and appropriate by the General Manager, Parks, Forestry and Recreation and the City Solicitor, in accordance with City policies applicable to capital projects;

c. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation to execute on behalf of the City, any other ancillary agreements necessary to complete construction of the Community Recreation Facility, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor;

d. City Council authorize the General Manager, Parks Forestry and Recreation to transfer up to $3.9 million from Parks, Forestry and Recreation, subject to entering into a Construction Project Agreement with the Owner, to fund the City's agreed cash portion for the development of the Community Recreation Facility; and

e. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development:

i. Parks, Forestry and Recreation requirements around design, construction and specifications for the build out of the Community Recreation Facility, as described in Recommendations 4(a)(ii) and (iii), to the satisfaction of the General Manager, Parks, Forestry and Recreation.

North York Community Council held a statutory public meeting on December 3, 2020, and notice was given in accordance with the Planning Act.

In 2011 the owner of Newtonbrook Plaza (5799 to 5915 Yonge Street) made Official Plan and Zoning By-law Amendment applications to permit the redevelopment of the site to a mixed-use project.  The owner appealed Council's failure to make a decision to the Ontario Municipal Board, now the Local Planning Appeal Tribunal (LPAT).  The City and the owner settled the appeals at the City Council meeting of July 7, 2015.  One of the terms of the settlement was that the owner would construct a community recreation facility, including a daycare, having an area of 3,232 square metres.  Since the settlement, it has been determined that the size of the community recreation facility is not large enough to make optimal use of the City's programs and functions. 

City staff have had some discussion with the owner and they are amenable to entertaining an expansion of the community recreation facility subject to further increases in height and density and other permissions from the City.  On October 7, 2020, North York Community Council authorized staff to enter into discussions with the owner to explore the possibility of increasing the size of the proposed community recreation facility and to report back to North York Community Council no later than December 3, 2020 with possible mechanisms of implementation.  This report outlines the details of the expansion of the community recreation facility in exchange for certain permissions in height and density and attaches the proposed City-initiated Official Plan and Zoning By-law amendments to implement these changes as well as a financial analysis of proposed costs to the City.

The proposed development is consistent with the Provincial Policy Statement (2020), conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and also conforms to the City's Official Plan.

This report reviews and recommends approval of the City-initiated application to amend the Official Plan and Zoning By-law to expand the community recreation facility and to increase the height and density of approved mixed-use buildings in Phase 2/Block 2.  The expanded community recreation facility will result in an improvement to the community services for the North York City Centre, will help it develop as a complete community and it represents good planning.  The increased height and density in Phase 2/Block 2 respects the existing and planned built form context in the surrounding area and meets the objective of the built form and urban design policies of the Official Plan and the North York Centre Secondary Plan.