Item - 2025.NY21.2

North York Community Council recommends that:

1. City Council amend the Official Plan for the lands municipally known 104 - 114 Finch Avenue East substantially in accordance with the draft Official Plan Amendment included as Attachment 5 to the report (January 31, 2025) from the Director, Community Planning, North York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands municipally known as 104 - 114 Finch Avenue East substantially in accordance with the draft Zoning By-law Amendment included as Attachment 6 to the report (January 31, 2025) from the Director, Community Planning, North York District.

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

5. City Council request that the Owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks and Recreation, to be conveyed prior to the issuance of the first above grade building permit and;

a. in the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit;

b. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu; and

c. the value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services and payment will be required prior to the issuance of the first above grade building permit.

6. 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.

7. City Council direct that should the cost of acquiring the land for the off-site dedication, including the purchase price, less reasonable real estate commissions of up to 5 percent, land transfer tax, and typical closing adjustments incurred, to the satisfaction of the General Manager, Parks and Recreation, be less than the value of the parks levy calculated upon the submission of an application for the first above-grade building permit, the difference will be paid as cash in lieu to the City prior to the issuance of the first above-grade building permit for the development.

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 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 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.

9. City Council request that the applicant, in consultation with the adjacent landowners, provide a privacy fence on the north property line to be 2.44 metres (8-feet) in height or a mutually agreeable alternative.

10. City Council request the applicant to work with the General Manager, Parks and Recreation to supplement an off-site parkland dedication through use of the Community Benefits Charge.

The North York Community Council held a statutory public meeting on February 19, 2025, and notice was given in accordance with the Planning Act.

North York Community Council:

1. Directed that the Executive Director, Development Review, to:

a. work with the applicant to amend the application and related instruments to relocate the driveway from Willowdale Avenue to Finch Avenue East;

b. provide retail along the entire Finch Avenue East frontage; and

c. increase the amount of visitor parking to 20 spaces; 

and to report directly to the March 26, 27 and 28, 2025 meeting of City Council with recommendations on the parts above.

This application proposes to amend the zoning by-law and the Official Plan to permit an 11-storey (36 metres excluding a 5.0 metre mechanical penthouse) mixed-use building with 201 residential units at 104 - 114 Finch Avenue East. A total of 138 vehicular parking spaces and 158 bicycle parking spaces, including 20 short-term spaces at grade is provided. The application proposes a total gross floor area of 12,751 square metres, including 438 square metres of retail gross floor area, resulting in an overall density of 5.72 times the lot area. Vehicular access to the subject site is proposed along Willowdale Avenue via a 6 metres wide, two-way driveway.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law with a Holding provision. The recommended zoning by-law amendment and Official Plan amendment are consistent with the Provincial Policy Statement (2024). The zoning by-law amendment and Official Plan amendment also conform to the City's Official Plan, subject to addressing the issues that are the subject of the Holding (H) provision further described in this report.

The proposal conforms to the Official Plan, particularly as it relates to policies that support new housing supply through intensification within the Avenues and Mixed Use Areas designations. The development is transit-supportive and provides local economic opportunities and services through the addition of retail units at-grade.

The proposed mid-rise building aligns with the updated Mid-Rise Building Design Guidelines (2024) and is massed to fit within the existing context and mitigate impacts on adjacent neighbourhoods.