Item - 2021.MM38.27

City Council on December 15, 16 and 17, 2021, adopted the following:

1. City Council amend its decision on Item CC23.2, headed "2450 Victoria Park Avenue - Zoning By-law Amendment Application - Request for Directions", by:

a. amending Part 7.a. to read as follows:

"7.  City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a.  the community benefits offered in the Settlement Offer and recommended to be secured in the Section 37 Agreement are as follows:

i. a cash contribution of two million five hundred thousand ($2,500,000.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Property and to be used towards public art, streetscape improvements, affordable housing and/or multi-purpose community agency space at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii. a cash contribution of five hundred thousand ($500,000.00) dollars to be paid by the owner prior to the issuance of Notice of Approval Conditions to the Site Plan Control Application and to be used towards Pleasant View Library at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

iii. the cash contributions referred to in Part 7.a.i. and 7.a.ii. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 327-0058, or its successor, calculated from the date of the Agreement to the date of payment;

iv. in the event the cash contributions referred to in Part 7.a.i. and 7.a.ii. above has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands; and

v. the provision of a non-profit licensed 62 space child care centre to be located within the Property, on the ground floor of Building "D" with the precise location, capacity and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Children Services, and such child care centre shall generally be in accordance with the following:

A.  shall be of a resulting gross floor area of approximately 929 square metres with an accompanying outdoor play area of 279 square metres and be constructed, finished, furnished and equipped by the owner;

B.  shall be designed to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Children’s Services;

C.  will accommodate children of all ages, including infants, toddlers and preschoolers, generally in accordance with the City of Toronto's Child Care Development Guidelines;

D.  the minimum capacity and size of the Child Care Facility may be reduced at the sole discretion of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Children’s Services; and

E.  the details of the lease term and other matters as described in this City Council decision, such as phasing, timing, location, obligations and any such matters to implement the Child Care Centre, in respect of the non-profit licensed child care centre community benefit will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines (2016), including a provision of one hundred and eighty thousand ($180,000.00) dollars for start-up operating costs and equipment costs and one hundred and fifty thousand ($150,000.00) dollars for a replacement reserve fund; and

b. amending Part 7.b.iv.to read as follows:

"iv. the minimum of 6,203 square metres of non-residential gross floor area, representing a minimum of 80 percent of the existing non-residential gross floor area on the Property, with the non-residential gross floor area to be provided to prior to or concurrent with the provision of residential gross floor area for the Property; for greater clarity, the implementing Zoning By-law would allow the childcare in Part 7.a.v. above, to form part of the replacement non-residential gross floor area;".