Item - 2024.NY18.13

That:

1. City Council amend North York Community Council Recommendation 1 by adding the words "subject to the following modifications" and adding Parts 1.a. through 1.g., so that it now reads as follows:

1. City Council amend the Official Plan, for the lands at 1800 Sheppard Avenue East substantially in accordance with the draft Official Plan Amendment attached as Attachment 10 to the report (October 10, 2024) from the Director, Community Planning, North York District, subject to the following modifications:

a. Section 1 is deleted.

b. Policy B5) is revised to read as follows:

“Each Phase will have non-residential uses and a minimum of 5% non-residential uses shall be provided for the Site”

c. Policy D7)ii. is revised to read as follows:

“Have potential building edges along streets, parks, and driveways as conceptually shown on Map 9-6 (Structure Plan)”

d. Policy G2 is revised to read as follows:

“Any new development containing residential units will secure a minimum amount of affordable housing and be delivered in each phase of development as follows:”

e. Policy G2)iv. is revised to read as follows:

“The unit mix of the affordable housing shall reflect the market component of the development, as appropriate, to achieve a balanced mix of unit types and sizes and support the creation of affordable housing suitable for families;”

f. Policies K1), K2) and K3) are deleted and replaced with the following:

1. to ensure the orderly, comprehensive and integrated development of the Site, development is intended to proceed on a phased basis as generally shown on Map 9-7 (Phasing Plan), but the phases are not required to proceed in numeric order. 2A) New public infrastructure will be phased along with certain phases of development of the Site as follows:

i. Phase 1 shall include the construction and conveyance of Public Street C1;

ii. Phase 2 shall include (a) the construction and conveyance of Public Street B1 and Street A to the City to its satisfaction; and (b) the conveyance of the Multi Use Path to the City;

iii. Phase 3 shall include: the construction and conveyance of Public Street A and Street B1 to the City to its satisfaction, if not already conveyed to the City;

iv. Phase 4 shall include the construction and conveyance of Public Street A and Street B1 to the City to its satisfaction, if not already conveyed to the City.

2. New parkland will be phased along with certain phases of development of the Site as follows:

                                                                                                                            i. Park Block A will be conveyed to the City as public parkland to the satisfaction of the City under Section 42 of the Planning Act in conjunction with the development of Phase 2, Phase 3 or Phase 4, whichever proceeds first; and

ii. Park Block B will be conveyed to the City as public parkland to the satisfaction of the City under Section 42 of the Planning Act in conjunction with the development of Phase 5.

3. Notwithstanding Policies K. 1) and K. 2) above, if the City, in its sole discretion, is satisfied that the timely delivery of the required matters listed in that policy have been secured to the City’s satisfaction, then those matters identified in any specified Phase may be provided earlier or later than specified in Policies K. 1) and K. 2) above, at the discretion of the City.”

g. Map 9-5 Policy 4.2.7: Key Map is replaced with the map attached to this motion.

2. City Council delete North York Community Council Recommendations 3 to 7.

Recommendations to be deleted:

3. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act, prior to the issuance of the first above grade building permit for the final building to be constructed in the first phase of development (as shown on Attachment 7 to the report (October 10, 2024) from the Director, Community Planning, North York District), having a minimum size of 5,000 square metres within the northern portion of the site (Park A) to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

4. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act, prior to the issuance of the first above grade building permit for the final building to be constructed in the third phase of development (as shown on Attachment 7 to the report (October 10, 2024) from the Director, Community Planning, North York District) having a minimum size of 4,500 square metres within the southern portion of the site (Park B), to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

5. City Council accept the 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; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

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 and Recreation. 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.

7. City Council authorize that any remaining parkland dedication requirement not satisfied through an on-site parkland dedication pursuant to Section 42 of the Planning Act shall be satisfied through a cash-in-lieu of parkland payment, which payment shall be made by the Owner prior to the issuance of the first above grade building permit for the first building to be constructed in the final phase.