Item - 2025.EY20.2

The Etobicoke York Community Council recommends that:

1. City Council allow the owner of 56, 58, and 60 Fieldway Road (the “Site”) to provide an in-kind Community Benefit Charge contribution pursuant to subsection 37(6) of the Planning Act, being:

a. the submission of a public art plan detailing the possible location(s) of any public art installations on the site, the artists selection process, and the design and implementation of the public art installation, generally in accordance with City Planning's Percent for Public Art process, prior to the issuance of the first-above grade building permit and to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the commissioning and installation of public art on the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning, generally in accordance with recommendations from the Toronto Public Art Commission and in consultation with the City Planning division, at a total cost to the owner of up to 33 percent of four percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the building permit is issued in respect of the development, with the projected costs of the in-kind contributions to be evidenced through cost estimates provided by the owner and approved by the City; and

c. To the extent that the estimated cost of the in-kind contribution is less than 33 percent of four percent of the value of the land, the difference in value between the final estimated cost of the in-kind contribution and four percent of the value of the land, as determined the day before the building permit is issued in respect of the development, will be provided in cash.

2. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Part 1 above to the satisfaction of the Chief Planner and Executive Director, City Planning, Executive Director, Development Review and the City Solicitor, with such agreement to be registered on title to the lands prior to the first above grade building permit being issued on the Site, which agreement shall be evidence of arrangements for the provision of the in-kind contribution to the satisfaction of City Council.

On October 11 and 12, 2023, City Council approved the Zoning By-law Amendment for 56, 58 and 60 Fieldway Road to permit a mixed-use development with four towers and a public park. One of the recommendations was to direct staff to continue to work with the applicant to explore an in-kind community benefit package pursuant to Section 37(6) of the Planning Act and to report back for further instructions on any offer of in-kind community benefits made by the owner.

The applicants have agreed to provide on-site public art as a Community Benefits Charge (CBC) in-kind, at a total cost to the owner of up to 33 percent of four percent of the value of the land. The remainder of the Community Benefits Charge, net of the in-kind contribution, will need to be paid at the time of the building permit issuance.