Item - 2024.NY12.10

That City Council adopt the following recommendations in the report (March 11, 2024) from the Director, Community Planning, North York District:

1. City Council amend the Official Plan for the lands at 18-28 Athabaska Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to this report.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands 18-28 Athabaska Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to this report.

3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendments as may be required.

4. 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 off-site parkland dedication, having a minimum size of 260 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

5. City Council approve the acceptance of an off-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.

6. 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 & 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, PFR, 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.

7. City Council direct that before introducing the necessary Bills to City Council for enactment, the applicant be required to:

a) Withdraw its appeal of the Yonge Street North Secondary Plan (OPA 615) (By-law 1016-2022) to the Ontario Land Tribunal within Ontario Land Tribunal Case OLT-22-004346; and

b) Submit a revised Functional Servicing and Stormwater Management Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 

That City Council adopt the following recommendations contained in the supplementary report (March 27, 2024) from the Director, Community Planning, North York District:

1. City Council delete recommendations 4 and 5 and replace them with the following recommendations:

4. City Council require the Owner to work with City Parks, Forestry and Recreation staff to identify a suitable off-site parkland dedication to be conveyed to the City to the satisfaction of the General Manager, Parks, Forestry and Recreation.

5. If the Owner acquires an off-site parkland dedication satisfactory to the General Manager, Parks, Forestry and Recreation, the parkland dedication is to be conveyed according to the following conditions, with any remaining balance pursuant to Section 42 of the Planning Act to be provided as a cash-in-lieu payment to the City:

a. the off-site parkland dedication shall be conveyed to the City prior to the issuance of the first above-grade building permit, subject to the conveyance being free and clear, above and below-grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

b. for the purposes of determining whether any remaining cash-in-lieu is payable:

i. the total value of the off-site parkland dedication would include the purchase, real estate commissions of five percent (5 percent), land transfer tax, and typical closing adjustments incurred, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

ii. the total value of the off-site parkland dedication based on the items outlined above are subject to indexing based on the Construction Price Index between the date the parkland is conveyed to the City and the issuance of the first Above-Grade Building Permit for the development.

2. City Council add the following recommendation:

Should the parkland dedication requirement not be able to be satisfied through a suitable off-site parkland dedication, the Owner is required to satisfy the parkland dedication requirement through cash-in-lieu, with payment to be made prior to the issuance of the first above-ground building permit for the land to be developed.

That: 

1. City Council direct that when the necessary Bills are brought forward to City Council for enactment, the Bill attached as Attachment 6 to the report (March 11, 2024) from the Director, Community Planning, North York District, is amended to require a minimum non-residential gross floor area of 160 square metres for the site at 18-28 Athabaska Avenue.

2. City Council determine that the revision to the By-law noted in Recommendation 1 above is minor in nature and pursuant to Section 34(17) of the Planning Act, no further public notice is required in respect of the proposed Zoning By-law Amendment.

That the item be forwarded to City Council without recommendation.