Item - 2022.NY29.1

That:

1. City Council approve a development that has vehicular access from Sheppard Avenue West as opposed to Cockfield Avenue and City Council direct that pedestrian access still be maintained from Cocksfield Avenue. 

2. City Council amend the Official Plan, for the lands at 824 Sheppard Avenue West, 177, 179 and 181 Cocksfield Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 1 to this motion.

3. City Council amend Zoning By-569-2013 by adding the lands at 824 Sheppard Avenue West, 177, 179 and 181 Cocksfield Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 2 to the report (December 2, 2021) from the Director, Community Planning, North York District.

4. 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(s) as may be required.

5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: $1,400,000 to go towards parkland and other community services and facility improvements within the Ward, as well as streetscape improvements which comply with the Streetscape Manual, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry and Recreation, and the General Manager, Transportation Services;

b. the amount above will be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement, or any other necessary agreement, to the date of payment which will be no later than issuance of first above grade building permit; and

c. in the event the cash contribution referred to in Recommendation 5.a. above has not been used for the intended purpose within three (3) years of the amending Zoning By-law coming 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.

6. City Council also direct that the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development:

a. the Owner shall construct the development in accordance with a revised Transportation Demand Management Plan to be submitted prior to Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

b. prior to Site Plan Approval for the development, the owner shall provide a Construction Mitigation Plan and Tenant Communication Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate and thereafter the owner shall implement such strategy;

c. the Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting of October 26 and 27, 2009;

d. the owner shall provide and maintain all new residential dwelling units on the subject site as rental tenure for a period of at least 20 years beginning from the date that each new residential dwelling unit is first occupied, as generally illustrated in the plans submitted to the City Planning Division dated July 16, 2021; any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; and

e. the Owner shall provide and maintain fifteen (15) replacement rental dwelling units, comprised of fifteen (15) two-bedroom units, on the subject site for a period of at least twenty (20) years, beginning from the date that each replacement rental dwelling unit is first occupied, as outlined in Recommendation 7 below.

7. City Council approve the application for a Rental Housing Demolition permit in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of fifteen (15) existing rental dwelling units located at 824 Sheppard Avenue West and 177, 179 and 181 Cocksfield Avenue, subject to the following conditions:

a. the owner shall provide and maintain fifteen (15) replacement rental dwelling units, comprised of fifteen (15) two-bedroom units, on the subject site for a period of at least twenty (20) years, beginning from the date that each replacement rental dwelling unit is first occupied, and as shown on the architectural plans titled 824 Sheppard Avenue West, Rental Floor Plans, dated June 28, 2021; any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall, as part of the fifteen (15) replacement rental dwelling units required above, provide all fifteen (15) two-bedroom replacement rental dwelling units at affordable rents, as defined in the City's Official Plan, all for a period of at least ten (10) years, beginning from the date that each replacement rental dwelling units is first occupied;

c. the owner shall provide tenants of the replacement rental dwelling units with access to all indoor and outdoor amenities in the proposed building at no extra charge; access and use of these amenities shall be on the same terms and conditions as any other building resident without the need to pre-book or pay a fee, unless specifically required as customary practices for private bookings;

d. the owner shall provide all fifteen (15) replacement rental dwelling units with a balcony or terrace;

e. the owner shall provide tenants of the replacement rental dwelling units with access to all bicycle parking, visitor parking, and storage lockers on the same terms and conditions as any other resident of the building;

f. the owner shall provide all replacement rental dwelling units with ensuite laundry facilities at no additional cost to the tenants;

g. the owner shall provide central air conditioning in each replacement rental dwelling unit;

h. the owner shall provide tenant relocation and assistance to all eligible tenants occupying the existing rental dwelling units proposed to be demolished, including the right to return to a replacement rental dwelling unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

i. the owner shall enter into and register on title one or more agreement(s) pursuant to the City of Toronto Act, 2006 to secure the conditions outlined in Recommendation 7.a. through 7.h. above to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

8. City Council authorize the Chief Planner and Executive Director, City Planning to issue the Preliminary Approval for the application under Chapter 667 of the Toronto Municipal Code for the demolition of the fifteen (15) existing rental dwelling units at 824 Sheppard Avenue West and 177, 179 and 181 Cocksfield Avenue after all of the following have occurred:

a. the conditions in Recommendation 7 above have been fully satisfied;

b. the Zoning By-law Amendment has come into full force and effect;

c. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006;

d. the issuance of excavation and shoring permits for the approved structure on the site;

e. the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant;  and

f. the execution and registration of a Section 37 Agreement pursuant to the Planning Act securing Recommendation 7.a. through 7.i. and any other requirements of the Zoning By-law Amendment.

9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 8 above.

10. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a demolition permit under Section 33 of the Planning Act no earlier than the issuance of the first building permit for excavation and shoring of the development, and after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 9 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1, of the Municipal Code, on condition that:

a. the owner remove all debris and rubble from the site immediately after demolition;

b. the owner erect solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. the owner erects a residential building on site no later than four (4) years from the day demolition of the buildings is commenced; and

d. should the owner fail to complete the new building within the time specified in Recommendation 10.c. above, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

11. City Council authorize the appropriate City Officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement and other related agreements.

12. City Council recommend City Staff to work with the Working Group and local Councillor to provide gradual updates on the overall progress of the development.

13. City Council recommend City Staff to work with the applicant in producing a privacy plan for northern face of the building abutting the residential street which may include but not limited to a green buffer, tree plantings, and or additional public realm options in consultation with the local community.

14. City Council direct the applicant to consult with the working group in regards to their Construction Management Plan, prior to its formal submission, in order minimal disruption for the local community.

That consideration of the Item be deferred to the April 6 and 7, 2022 meeting of City Council to permit the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Service to submit a report City Council on:

a. developing an alternative entry and exit point for daycare users and residents that removes or amends access from Cocksfield Avenue (a one way side street) and use an alternative route onto and off Sheppard Avenue;

b. working with the applicant to review the height of the building; and

c. establishing a working group with local residents and the local Councillor to better facilitate the flow of ideas to improve the application and give local residents a stronger voice in the application process.

That North York Community Council forward the item to City Council without recommendations.