Item - 2022.NY34.3

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

1. City Council amend Zoning By-law 1916, as amended by By-law 442-2014, for the lands at 70 and 80 Wicksteed Avenue, 202-206 Parkhurst Boulevard and 99 Vanderhoof Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the supplementary report (July 19, 2022) from the Director, Community Planning, North York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 70 and 80 Wicksteed Avenue, 202-206 Parkhurst Boulevard and 99 Vanderhoof Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 2 to the supplementary report (July 19, 2022) from the Director, Community Planning, North York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law amendments as may be required.

4. City Council authorize the City Solicitor to submit the necessary Bills 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 issue until such time as the Section 37 Agreement, or amending Section 37 Agreement as applicable, is executed and registered.

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

a. the community benefit recommended to be secured is as follows:

i. prior to issuance of first above grade building permit, the owner shall make a cash contribution in the amount of $1,250,000 towards one or both of the expansion to Leaside Memorial Community Gardens and streetscape improvements in the vicinity of the site to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. which amount will be indexed upwardly in accordance with 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; and

ii. in the event the cash contribution referred to in Part 5.a.i. above has not been used for the intended purpose within three (3) years of the issuance of first above grade building permit, 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 that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands; and

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

i. the owner shall, at its own cost and expense, design and construct any upgrades to municipal infrastructure as may be determined to be required in accordance with accepted Functional Servicing, Stormwater Management and Hydrogeological Reports which requirements will be secured in the context of subdivision approval to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

ii. the owner shall, at its own cost and expense and in support of the development, design, remediate, construct and convey extensions of Vaughan Street and Parkhurst Boulevard, having minimum widths of 18.5 metres and 16.5 metres respectively, in the locations identified on the Schedules to the attached draft Zoning By-law Amendments, together with associated municipal services both internal and external to the land, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iii. prior to issuance of any building permit for all or any part of the development on the land, the owner shall:

1. obtain draft plan of subdivision approval and enter into a financially secured subdivision agreement with the City pursuant to Section 51 of the Planning Act necessary to implement the plan of subdivision, including required external works, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

2. obtain release for construction of services in accordance with the terms of the subdivision agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

iv. prior to issuance of the first above-grade building permit for all or any part of the development on the lands, the owner shall: 

1. register the Plan of Subdivision to the satisfaction of the Chief Planner and Executive Director, City Planning in accordance with the requirements of the subdivision agreement; and

2.  complete the construction of the new roads to base course asphalt and complete services, including external services, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

6. In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision as generally illustrated in Attachment 3 to the supplementary report (July 19, 2022) from the Director, Community Planning, North York District, subject to:

a. the conditions as generally listed as Attachment 4 to the supplementary report (July 19, 2022) from the Director, Community Planning, North York District which, except as otherwise noted must be fulfilled prior to final approval and the release of the Plan of Subdivision for registration; and

b. any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development.

7. City Council direct the Chief Planner and Executive Director, City Planning to work with the applicant through the Site Plan process to explore opportunities to achieve higher Tiers of the Toronto Green Standard.

8. 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.