Item - 2025.NY22.2

That City Council adopt the following recommendations in the report (March 17, 2025) from the Director, Community Planning North York District:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 150 The Donway West and 4 Overland Drive, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to this report.

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

3. 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 770 square metres, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor.

4. City Council authorize that the remaining 31.3 square metres of the parkland dedication requirement, pursuant to Section 42 of the Planning Act, shall be satisfied through a cash-in-lieu of parkland payment, which shall be made prior to the issuance of the first above grade building permit on-site.

5. City Council approve the acceptance of on-site parkland dedication set out in Recommendation 3 above, 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, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor.

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 and Recreation, if applicable. 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 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 the Executive Director, Development Review, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore an in-kind community benefit package pursuant to 37(6) of the Planning Act and to report back to City Council for further instruction on any offer of in-kind community benefits made by the applicant.

8. City Council be advised that the Executive Director, Development Review will secure through Section 111 of the City of Toronto Act, 2006, the owner's obligation to:

a. Continue to provide and maintain the existing one hundred thirteen (113) rental dwelling units at 150 The Donway West and 4 Overland Drive as rental housing for a period of at least 20 years commencing from the date the Zoning By-law Amendment comes into force and effect, with no application for demolition or conversion from residential rental use during the 20-year period, all to the satisfaction of the City Solicitor and the Executive Director, Development Review; and,

b. Undertake agreed upon accessibility and common area improvements to the existing rental buildings, at its sole expense and at no cost to tenants, at 150 The Donway West and 4 Overland Drive, as these improvements do not constitute community benefits under Section 37 of the Planning Act.

9. Prior to Site Plan Approval for the development, City Council require the owner to develop a Construction Mitigation Strategy, including an Interim Parking Strategy, and Tenant Communication Plan to mitigate the impacts of construction on the tenants of the existing rental buildings, all to the satisfaction of the Executive Director, Development Review.