Item - 2023.NY6.3

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

1. City Council direct the City Solicitor to withhold the introduction of the necessary Bills until such time as:

a. the Minister of Municipal Affairs and Housing approves Official Plan Amendment 591 as it relates to the property known as 1 Herons Hill Way; and

b. the Chief Planner and Executive Director, City Planning confirms to the City Solicitor that the Bills do not require any changes, beyond stylistic and technical changes, as may be required as a result of the Minister's decision.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1 Herons Hill Way substantially in accordance with the draft Zoning By-law Amendment attached to Motion 1 by Councillor Shelley Carroll.

3. City Council require the Owner to enter into an Agreement as follows: 

a. a privately owned publicly-accessible spaces, having a minimum total area of approximately 520 square metres, as generally identified on Attachment 10 to the report (June 5, 2023) from the Director, Community Planning, North York District, with the specific design of the privately owned publicly-accessible spaces and any associated easements and improvements to be determined as part of the Site Plan Approval process for this site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; the privately owned publicly-accessible spaces easement shall include provisions for rights of support if necessary, and insurance and indemnification of the City by the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor.

4. City Council require, prior to introducing the bills indicated in Recommendations 1 and 2 in the report (June 5, 2023) from the Director, Community Planning, North York District, to City Council for enactment, the Owner to enter into one or more agreements, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including a restriction pursuant to Section 118 of the Land Titles Act registered on title to the lands at 1 Herons Hill Way, to secure the rental tenure of the residential component of the proposed development or the provision of affordable housing if the proposed development is of condominium residential tenure, as follows:

a. the Owner shall not apply for a Description under the Condominium Act for the proposed development and may not remove the restriction pursuant to Section 118 of the Land Titles Act until all residential units in the proposed development are occupied for residential rental use;

b. in the event an application for approval of a Description under the Condominium Act is submitted for 1 Herons Hill Way, a minimum of seven percent of the total residential gross floor area of the proposed development shall be provided and maintained as affordable ownership housing or a minimum of five percent of the total new residential gross floor area shall be provided and maintained as affordable rental housing for a period of at least 99 years from the date of first residential occupancy of each unit; the unit mix of any affordable housing component of the proposed development shall be consistent with the unit mix of the market housing component of the development; and

c. in the event that purpose-built rental tenure is secured for the development, the provision of affordable housing in accordance with Part b. above would not apply. 

City Council on July 19 and 20, 2023, deferred Item NY6.3 to the October 11, 12 and 13, 2023 meeting of City Council.