Item - 2023.MM11.42

City Council on October 11 and 12, 2023, adopted the following:

1. City Council amend its previous decision on Item 2022.CC39.14 by amending the confidential instructions to staff, made public on February 11, 2022, as follows:

a. adding the word “or” to the end of Part 5.a.ii.; 

b. adding the following new Part 5.a.iii:

iii. The conveyance of the three properties at 60, 62, and 64 Soudan Avenue to the City for parkland purposes on or before September 30, 2025, with the demolition of the houses on these three properties at the Applicant’s expense, with all the required environmental assessments on these three properties conducted at the Applicant’s expense, and with the conveyances of these three properties in base park conditions, all to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry and Recreation, and the Executive Director, Corporate Real Estate Management;

c. amending the last clause of Part 5 by deleting “with the election between the community benefits described in Parts 5.a.i. and 5.a.ii. above, to be made by the City Solicitor. in consultation with the Ward Councillor, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Planning” and replacing it with the following:

“with the election between the community benefits described in Parts 5.a.i, 5.a.ii, and 5.a.iii being made in favour of the community benefits described in Part 5.a.iii above”; and

d. deleting the following from Part 7:

Text to be deleted

City Council approve the use of the over-dedication credit of 185.5 square metres of off-site parkland (the "Over-Dedication Credit"), which is related to the off-site parkland dedication of the properties municipally known as 70, 72, 74, 76 Soudan Avenue for the rezoning approval for the property municipally known as 55-65 Broadway Avenue and that was secured in Section 4 of the Section 37 Agreement dated September 5, 2019 between Times 5565 Inc. and the City (Instrument No. AT5232244) (the "55-65 Broadway Section 37 Agreement"), with such Over-Dedication Credit to be applied to the Applicant's parkland dedication requirements pursuant to Section 42 of the Planning Act for the proposed redevelopment of the Site, which is located within the boundaries of the Yonge Eglinton Secondary Plan; City Council requires that any parkland dedication remaining after the application of the Over-Dedication Credit shall be satisfied by the Applicant through payment of cash-in-lieu or off-site parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and City Council requires, pursuant to section 4.3 of the 55-65 Broadway Section 37 Agreement, that as a condition of the application of the Over-Dedication Credit the Applicant must complete the following prior to any final approval of the Applicant's Zoning By-law Amendment for the Site, all the satisfaction of the City Solicitor:

and replacing it with the following text:

City Council approve the use of the over-dedication credit of 185.5 square metres of off-site parkland (the "Over-Dedication Credit"), which is related to the off-site parkland dedication of the properties municipally known as 70, 72, 74, 76 Soudan Avenue for the rezoning approval for the property municipally known as 55-65 Broadway Avenue and that was secured in Section 4 of the Section 37 Agreement dated September 5, 2019 between Times 5565 Inc. and the City (Instrument No. AT5232244) (the "55-65 Broadway Section 37 Agreement"), with such Over-Dedication Credit to be applied to the Applicant's parkland dedication requirements pursuant to Section 42 of the Planning Act for the proposed redevelopment of the Site, which is located within the boundaries of the Yonge Eglinton Secondary Plan; City Council requires that any parkland dedication remaining after the application of the Over-Dedication Credit shall be satisfied by the Applicant through the off-site parkland dedication of 66 and 68 Soudan Avenue to the City on or before September 30, 2025, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and City Council requires, pursuant to Section 4.3 of the 55-65 Broadway Section 37 Agreement, that as a condition of the application of the Over-Dedication Credit the Applicant must complete the following prior to any final approval of the Applicant's Zoning By-law Amendment for the Site, all the satisfaction of the City Solicitor.