Item - 2023.NY8.11

North York Community Council recommends that:

1. City Council amend the Official Plan, for the lands 2135 Sheppard Avenue East, 325 Yorkland Boulevard, 125 Consumers Road, 15 Smooth Rose Court, and 55 Smooth Rose Court substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report (September 7, 2023) from the Director, Community Planning, North York District.

2. City Council amend City of Toronto Zoning By-law 7625, as amended, for the lands at 2135 Sheppard Avenue East, 325 Yorkland Boulevard, 125 Consumers Road, 15 Smooth Rose Court, and 55 Smooth Rose Court substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (September 7, 2023) from the Director, Community Planning, North York District.

3. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 2135 Sheppard Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (September 7, 2023) from the Director, Community Planning, North York District.

4. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan and Zoning By-law Amendments as required, and to take any necessary steps to implement City Council’s decision including execution of the Section 37 Agreement as referenced in Recommendation 5, and any other necessary agreement(s).

5. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant Section 37 of the Planning Act, as it read the day before the date section 1 of Schedule 17 of the COVID-19 Economic Recovery Act, 2020 came into force, to secure the following community benefits:

a. a cash contribution in the amount of $1,350,000.00 dollars (One Million Three Hundred Fifty Thousand) be provided towards community and recreational facility improvements, including the Toronto Public Library within the vicinity of the land, to the satisfaction of the Chief Planner and Executive Director, City Planning to be paid prior to the issuance of the first above grade building permit on the lands municipally known in 2022 as 2135 Sheppard Avenue East;

b. the cash contribution in Part 5.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01 or its successor, calculated from the date of the Agreement to the date of payment; and,

c. in the event the cash contribution referred to in Part 5.a. above has not been used for the intended purpose within three (3) years of this By-law coming into full 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 local Councillor, provided that the purpose(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the land.

6. City Council approve that in accordance with Section 42 of the Planning Act prior to the first above grade building permit, the Owner shall convey to the city, an on-site parkland dedication, having a minimum size of 457 square metres located on the southern portion of the site adjacent to the existing park block, to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the City Solicitor.

7. City Council approve the acceptance of on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition.

8. 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 (PFR). 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.

The North York Community Council held a statutory public meeting on October 17, 2023, and notice was given in accordance with the Planning Act.

The Official Plan Amendment and Zoning By-law Amendment applications will apply to the lands at 2135 Sheppard Avenue East, 325 Yorkland Boulevard, 125 Consumers Road, 15 Smooth Rose Court, and 55 Smooth Rose Court. The applications propose to redevelop the lands at 2135 Sheppard Avenue East with an 11-storey (36 meters) mixed use building containing 279 residential dwelling units, 1,858 square meters of retail space, and 1,221.7 square meters of further non-residential space. A 457 square meter public on-site park is also proposed at the southern edge of the site.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). The proposal is also consistent with the general intent of the Official Plan.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law. The proposed building represents an appropriate mix of land uses on the site contained in a built form that is respectful of the planned context and encourages a comfortable and attractive pedestrian environment on Sheppard Avenue East.