Item - 2022.NY34.2

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

1. City Council endorse the William Baker Neighbourhood District Plan, prepared by The Planning Partnership, dated February 2021, and revised to April 2022 attached as Attachment 1 to the report (June 27, 2022) from the Director, Community Planning, North York District for the review of the Phase 1 lands identified in the Zoning By-law Amendment Application 21 119571 NNY 06 OZ and the draft Plan of Subdivision Application 21 119572 NNY 06 SB and in Attachment 5 to the report (June 27, 2022) from the Director, Community Planning, North York District.

2. City Council amend the City of Toronto Zoning By-law 7625, as amended, for the lands at 1350 Sheppard Avenue West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 2 to the report (June 27, 2022) from the Director, Community Planning, North York District, as amended by Part 3 below; such Zoning By-law amendment applies to lands identified as Phase I as shown on Attachment 5 to the report (June 27, 2022) from the Director, Community Planning, North York District.

3. City Council amend Attachment 2 to the report (June 27, 2022) from the Director, Community Planning, North York District as follows:

a. delete clause 5(k) and adopt the following new clause:

(k) At least one surface walkway with a minimum width of 10 metres must be located in the general location of the pedestrian mid-block location in Area B identified on Schedule RM6 (XXX)(H);

b. delete clauses 5(l)(i) and 5(I)(ii) and adopt the following new clauses:

Privately Owned Publicly Accessible Open Space (POPS)

(l) POPS comprising landscaping must be provided as follows:

(i) a minimum of 200 square metres located in the general location of the POPS adjacent to the intersection of Sheppard Avenue West and Keele Street identified on Schedule RM6(XXX)(H) attached to By-law; and

(ii) a minimum of 150 square metres located in the general location of the POPS adjacent to the intersection of Sheppard Avenue West and Street A identified on Schedule RM6(XXX)(H) attached to By-law;

c. add a new clause 5(y)(vi) to read as follows:

"(vi) balconies, along the front and rear yard setbacks";

d. delete clause 5(aa) and adopt the following new clause:

(aa) A platform or balcony attached to the main wall with a floor level higher than the floor level of the first storey of the building must not project into the side yard setbacks;

e. delete clause 5(ss)(C) and replace it with the following:

(C) an additional 15% of the total number of dwelling units in each phase, except for a residential care home, retirement home, seniors community house and/or a nursing home, must consist of either a minimum of 2-bedroom units with a minimum gross floor area of 87 square metres or a minimum of 3-bedroom units with a minimum gross floor area of 100 square metres, or a combination thereof, for residential uses except for a residential care home, retirement home, seniors community house and/or a nursing home.

f. make the following changes to Section 37 as outlined in Schedule 1:

1. delete clause b.cc) of Schedule A and adopt the following new clause: 

b.cc) Affordable housing will be provided at the same pace as market housing on each development block that includes residential uses;

2. delete clause c.iii) of Schedule A and adopt instead the following new clause:

c.iii) The owner shall provide an additional 15 percent of the total number of dwelling units in each phase, except for a residential care home, retirement home, seniors community house and/or a nursing home, must consist of either a minimum of 2-bedroom units with a minimum gross floor area of 87 square metres or a minimum of 3-bedroom units with a minimum gross floor area of 100 square metres, or a combination thereof, for residential uses except for a residential care home, retirement home, seniors community house and/or a nursing home. 

3. delete clause c.iv) of Schedule A and adopt instead the following new clause:

c.iv)  The conveyance of an onsite parkland dedication by the owner of 15,476 square metres in satisfaction of the owner's parkland contribution required pursuant to the Planning Act, with such onsite parkland to be conveyed to the City prior to the issuance of any above grade building permit for the lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. The location of the onsite parkland contribution shall be to the satisfaction of the General Manager, Parks, Forestry and Recreation.  The subject parkland conveyance shall be in base park condition, in an acceptable environmental condition, and is to be free and clear, above and below grade of all physical and title encumbrances and encroachments, including surface and subsurface easements, except for those encumbrances permitted by the General Manager, Parks, Forestry and Recreation, and the City Solicitor.

4. add the following as new clause c.viii) of Schedule A:

c.viii)  Subject to the owner obtaining any required Order in Council, the provision by the owner, at the owner's expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning, General Manager, Parks, Forestry and Recreation and the City Solicitor, a privately-owned, publically accessible space ("POPS") with a minimum area of not less than 27,604 square metres, to secure public access and use of the POPS lands for park and recreational purposes until the earliest of:

i. the date that is 12 years from the date of granting of the POPS easement;

ii. the City's acceptance of the conveyance of the Additional Parkland, in full or partial satisfaction, as the case may be (depending on the applicable parkland dedication rates), of the City's parkland dedication requirements of land for park or other public recreation purposes pursuant to the applicable legislation, with respect to the development of the remainder of the lands owned by Parc Downsview Park Inc., which such remainder lands are located within the area identified as the William Baker District by the Downsview Area Secondary Plan (the "Phase 2 Lands"); and

iii. the City's decision to require the conveyance of lands for park or other public recreation purposes, or cash in lieu, or a combination thereof, where such requirements do not include the conveyance of the Additional Parkland in fulfillment or partial fulfillment, as the case may be (depending on the applicable parkland dedication rates), of the City's applicable parkland dedication requirements with respect to the development of the Phase 2 Lands, such that the City is not seeking to secure the conveyance of the Additional Parkland.

Contemporaneously with the conveyance of the onsite parkland dedication referred to in part C.iv), above, the owner shall convey for nominal consideration an easement along the surface of the POPS lands to the City.  The specific location, configuration, and design of the POPS area shall be determined through the site plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation.  The owner shall own, operate, maintain and repair the POPS and shall be required to install and maintain a sign stating that members of the public shall be entitled to use the POPS area, all at the owner's expense.

g. delete clause 5(uu)(i)(G) and replace it with the following new clause:

(G) Issuance of Draft Plan of Subdivision and/or satisfactory site plan for each block and/or phase;

h. delete clause 5(uu)(i)(H) and renumber the subsequent clauses accordingly.

4. City Council direct the Chief Planner and Executive Director, City Planning to ensure that the Applicant updates the William Baker Neighbourhood District Plan when new Zoning By-law Amendments and plans of subdivisions are submitted for future phases in the William Baker District.

5. City Council authorize the City Solicitor to submit the necessary Bill(s) to implement City Council's decision provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered.

6. 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. the Owner shall provide an indexed cash contribution of $7,000,000.00 towards the design and/or construction of the future Downsview Community Centre, with $1,500,000.00 of this amount paid within 60 days of the date of approval of the attached Zoning Bylaw and the other $5,500,000.00 paid within 60 days of the conveyance of the development blocks at the time of subdivision registration;

2. the financial contribution pursuant to Part 5.a.1. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment;

3. a minimum amount of affordable housing must be achieved on the William Baker District Phase 1 lands in accordance with the following conditions:

aa. the minimum amount of affordable housing will be equal to the greater of 220 units or 20 percent of the total number of residential units approved on the Phase 1 lands and will be provided as affordable rental housing with affordable rents no greater than 80 percent of Average Market Rent secured for a period of at least 25 years;

bb. the affordable housing requirements outlined in Part 5.a.3.aa. above, may be met in part through alternative, equivalent, delivery mechanisms to the satisfaction of the Chief Planner and Executive Director, City Planning; this may include, but is not limited to, the conveyance of land, conveyance of units, or affordable ownership units, provided that at least 50 percent of the affordable housing units are delivered as affordable rental units;

cc. affordable housing will be provided as a proportionate share of each development block that includes residential uses; and

dd. the affordable housing contribution will be subject to terms and conditions, to the satisfaction of the Chief Planner and Executive Director, City Planning;

4. the Owner shall prepare a Public Art Master Plan for the provision of Public Art within the lands, and shall submit the Public Art Master Plan to the City, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Public Art Commission, and to City Council for approval; and

5. the Owner shall provide financial security in the form of a Letter of Credit to a maximum of $1,000,000.00 to secure the commission and installation of future public art with a cap of $1,000,000.00 at the northeast corner of Sheppard Avenue West and Keele Street, or other appropriate location, in accordance with the Public Art Master Plan; and

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

1. the owner shall provide 10 percent of all new residential units, except for a residential care home, retirement home, seniors community house and/or a nursing home, as 3-bedrooms units;

2. the owner shall provide 15 percent of all new residential units, except for a residential care home, retirement home, seniors community house and/or a nursing home, as 2-bedroom units;

3. the owner shall provide an additional 15 percent of the total number of dwelling units in each phase, except for a residential care home, retirement home, seniors community house and/or a nursing home, must consist of either a minimum of 2-bedroom units with a minimum gross floor area of 87 square metres or a minimum of 3-bedroom units with a minimum gross floor area of 100 square metres, or a combination thereof, for residential uses except for a residential care home, retirement home, seniors community house and/or a nursing home; 

4. the conveyance from the owner of 15,476 square metres of onsite parkland dedication as set out in Part 12 below;

5. all the finalized Travel Demand Management measures acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; 

6. the Owner shall initiate the design and approval process and initiate construction prior to the issuance of the final building permit for the William Baker District Phase 1 lands for a new accessible public pedestrian and cycling bridge with a cap of $5,000,000.00 spanning the public right-of-way of Sheppard Avenue West, and shall provide a direct connection to Downsview Park; 

 .

7.  subject to the owner obtaining any required Order in Council, the provision by the owner, at the owner's expense, of a privately-owned, publicly accessible space easement with a minimum area of not less than 27,604 square metres, to secure public access and use of the privately-owned, publicly accessible space lands for park and recreational purposes until the earliest of:

i. the date that is 12 years from the date of granting of the privately-owned, publicly accessible space easement;

ii. the City's acceptance of the conveyance of the Additional Parkland, in full or partial satisfaction, as the case may be (depending on the applicable parkland dedication rates), of the City's parkland dedication requirements of land for park or other public recreation purposes pursuant to the applicable legislation, with respect to the development of the remainder of the lands owned by Parc Downsview Park Inc., which such remainder lands are located within the area identified as the William Baker District by the Downsview Area Secondary Plan (the "Phase 2 Lands"); and

iii. the City's decision to require the conveyance of lands for park or other public recreation purposes, or cash in lieu, or a combination thereof, where such requirements do not include the conveyance of the Additional Parkland in fulfillment or partial fulfillment, as the case may be (depending on the applicable parkland dedication rates), of the City's applicable parkland dedication requirements with respect to the development of the Phase 2 Lands, such that the City is not seeking to secure the conveyance of the Additional Parkland; 

contemporaneously with the conveyance of parkland for Phase I, the privately-owned, publicly accessible space easement shall be conveyed for nominal consideration; the specific location, configuration, and design of the Additional Parkland shall be determined through the site plan approval process, or through other such agreements acceptable to the City and the Owner, and on terms to the satisfaction of the Chief Planner and Executive Director, City Planning and the Owner; and the owner shall own, operate, maintain, and repair the Additional Parkland for the term of the privately-owned, publicly accessible space easement and shall be required to install and maintain a sign stating that members of the public shall be entitled to use the Additional Parkland, all at the Owner's expense;

8. the Owner shall agree to convey to the City the onsite natural heritage woodlots as generally shown as Blocks 8, 27, and 28 in Attachment 4 to this Final Report from City Planning dated June 27, 2022 (Item NY34.2), all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; and

9. the Owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the Owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site

7. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

8. City Council direct the Chief Planner and Executive Director, City Planning to work with the Owner to consider the inclusion of a complete senior oriented component, inclusive of a portion of the affordable rental and ownership component, as well as accessible medical and care services, through the Site Plan review process.

9. City Council direct the Chief Planner and Executive Director, City Planning to consult with the Ward Councillor and future developer(s) prior to the approval of a Construction Mitigation Plan, pursuant to the Site Plan Approval process, to guarantee the protection of the existing Natural Heritage Woodlot through the staging and construction phases, as informed by the Natural Heritage Impact Study.

10. City Council direct the Chief Planner and Executive Director, City Planning to continue to consult with the local Councillor, the local community and stakeholder groups and provide feedback on subsequent Subdivision and Site Plan applications.

11. City Council direct the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services to continue working with the Owner to implement complete street design guidelines, including potential traffic calming measures, along the proposed Street A, through the Subdivision and Site Plan approval processes.

12.  City Council accept an onsite parkland dedication by the Owner of 15,476 square metres in satisfaction of the owner's parkland contribution required pursuant to the Planning Act, with such onsite parkland to be conveyed to the City prior to the issuance of any above grade building permit for the lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; the location of the onsite parkland contribution shall be to the satisfaction of the General Manager, Parks, Forestry and Recreation; and the subject parkland conveyance shall be in base park condition, in an acceptable environmental condition, and is to be free and clear, above and below grade of all physical and title encumbrances and encroachments, including surface and subsurface easements, except for those encumbrances permitted by the General Manager, Parks, Forestry and Recreation, and the City Solicitor.

13.  City Council accept from the Owner, at the Owner's expense, subject to the owner obtaining any required Order in Council, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, an easement with a minimum area of not less than 27,604 square metres (the "Additional Parkland"), to secure public access and use of the lands for park and recreational purposes (privately-owned, publicly accessible space) to be granted on the date of conveyance of the on-site parkland dedication referenced in Part 12 above, with the privately-owned, publicly accessible space easement to expire and be deleted from title upon the earliest of the following events:

i. the date that is 12 years from the date of granting of the privately-owned, publicly accessible space easement;

ii. the City's acceptance of the conveyance of the Additional Parkland, in full or partial satisfaction, as the case may be (depending on the applicable parkland dedication rates), of the City's parkland dedication requirements of land for park or other public recreation purposes pursuant to the applicable legislation, with respect to the development of the remainder of the lands owned by Parc Downsview Park Inc., which such remainder lands are located within the area identified as the William Baker District by the Downsview Area Secondary Plan (the "Phase 2 Lands"); and

iii. the City's decision to require the conveyance of lands for park or other public recreation purposes, or cash in lieu, or a combination thereof, where such requirements do not include the conveyance of the Additional Parkland in fulfillment or partial fulfillment, as the case may be (depending on the applicable parkland dedication rates), of the City's applicable parkland dedication requirements with respect to the development of the Phase 2 Lands, such that the City is not seeking to secure the conveyance of the Additional Parkland; and

the privately-owned, publicly accessible space easement shall be conveyed for nominal consideration; the specific location, configuration, and design of the Additional Parkland shall be determined through the site plan approval process, or through other such agreements acceptable to the City and the Owner, and on terms to the satisfaction of the Chief Planner and Executive Director, City Planning and the Owner; the Owner shall own, operate, maintain and repair the Additional Parkland for the term of the privately-owned, publicly accessible space easement and shall be required to install and maintain a sign stating that members of the public shall be entitled to use the Additional Parkland, all at the Owner's expense; and the terms of the privately-owned, publicly accessible space easement shall be secured as a matter of legal convenience in the Section 37 Agreement for this development as set out in Part 6 above, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor and on terms satisfactory to the Owner.

14.  City Council determine that no further notice is to be given in respect of the proposed by-law amendment under section 34(17) of the Planning Act.

15. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment and take such other necessary steps as may be required to implement City Council's decision.