Item - 2025.NY28.15

The Director, Community Planning North York District recommends that:

1. City Council amend the Official Plan for the lands municipally known as 45-47 Sheppard Avenue East substantially in accordance with the draft Official Plan Amendment included as Attachment 5 to this report.

2. City Council amend North York Zoning By-law 7625 for the lands municipally known as 45-47 Sheppard Avenue East substantially in accordance with the draft Zoning By-law Amendment included as Attachment 6 to this report.

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

4. City Council allow the Owner of 45-47 Sheppard Avenue East (the “Site”) to design and construct a community space of at least 1,858 square metres on a combination of the ground, second, third or mezzanine levels of Building D of the proposed development (the “Community Space”) of which a minimum of 762 square metres shall be conveyed to the City for nominal consideration to the satisfaction of the Executive Director, Development Review, Executive Director, Social Development, Executive Director, Corporate Real Estate Management, and the City Solicitor, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act to facilitate the City establishing space for an Association of Community Centre in accordance with the following terms:

a. the Owner shall convey to the City for nominal consideration a minimum of 762 square metres of the Community Space;

b. the Owner shall enter into an Agreement of Purchase and Sale to sell the balance of the Community Space to the City in accordance with the terms agreed upon by the Owner and the City;

c. the Community Space shall be delivered to the City in accordance with the City's Association of Community Centre Expansion Framework and Implementation Strategy. The Community Space will be finished to Base Building Condition with the terms and specifications outlined in Attachment 10, and is to be secured through the In-Kind Contribution Agreement described in Recommendation 6 below, and other agreements as deemed appropriate by the City Solicitor;

d. concurrent with, or prior to, the conveyance of the Community Space to the City, the Owner and the City shall enter into, and register on title to the appropriate lands, an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and / or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Space; and

e. the City may elect to require the Owner to fulfill their Community Benefit Charges obligation as a payment, in lieu of providing the Community Space, in accordance with the Community Benefits Charge By-law 1139-2022, with the Owner to be notified of such election within 90 days of submission of a complete site plan control application for the second phase of the Development all at the discretion of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, and the Executive Director, Development Review, in consultation with the City Solicitor and the Ward Councillor.

5. City Council attribute a value to the in-kind contribution set out in Recommendation 4 above, equal to 100 percent of the 4 percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined on the day before the first building permit is issued in respect of the development.

6. City Council authorize the Executive Director, Development Review 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 Recommendation 4 above to the satisfaction of the Executive Director, Development Review, and the City Solicitor.

7. City Council approve the acceptance of an on-site parkland dedication, in accordance with Section 42 of the Planning Act, being a minimum of 1,159 square metres in size, in a rectangular configuration generally located in the central eastern portion of the property with frontage on the proposed Tradewind Avenue / Doris Avenue extension (the “New Public Park”), being conveyed to the City in a phased manner described as follows:

a. City Council approve that prior to the first above-grade permit for the first building in the development (Building A), the Owner shall register two Section 118 Restrictions, the first for the 567 square metre portion and the second for the 595 square metre portion of the New Public Park, pursuant to the Land Titles Act, against title to the New Public Park to be conveyed to the City, that prohibits the transfer or charge of the parkland without the written consent of the General Manager, Parks and Recreation, to the satisfaction of the City Solicitor.

b. City Council approve that prior to the issuance of the first above-grade building permit for the second building in the proposed development (Building B), the Owner shall convey to the City an on-site parkland dedication having a minimum size of 567 square metres of the New Public Park, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor.

1. City Council direct that the 567 square metres of the New Public Park be permitted to be used for the stockpiling of any soils or materials, or as an interim construction staging area for the development and construction access, for nominal consideration, and for no longer than 3 years following the conveyance of the 567 square metres of the New Public Park, subject to agreements with the City outlining the insurance requirements, extent of area and use permitted, tree removal and replacement (if any), duration, restoration plan and costs, to the satisfaction of the General Manager, Parks and Recreation.

c. City Council approve that prior to the issuance of the first above-grade building permit for the fourth building in the proposed development (Building D), the Owner shall convey to the City an on-site parkland dedication having a minimum size of 595 square metres of the New Public Park, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor.

1. City Council direct that the 595 square metres of the New Public Park be permitted to be used for the stockpiling of any soils or materials, or as an interim construction staging area for the development and construction access, for nominal consideration, and for no longer than 3 years following the conveyance of the 595 square metres of the New Public Park, subject to agreements with the City outlining the insurance requirements, extent of area and use permitted, tree removal and replacement (if any), duration, restoration plan and costs, to the satisfaction of the General Manager, Parks and Recreation.

8. City Council approve the acceptance of all on-site parkland dedications, 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 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 and Recreation and the Executive Director, Corporate Real Estate Management.

9. 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 allocation shall be in an amount of a minimum of 40 percent of the total amount of the Development Charges 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.

10. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges, to offset the cost of the City’s purchase of the outstanding 1,096 square metres of the Community Space, to the satisfaction of the General Manager, Parks and Recreation in consultation with the Executive Director, Corporate Real Estate Management and Executive Director, Social Development. The development charge credit allocation may be in an amount of up to 60 percent of the total amount of the Development Charges as approved by the General Manager, Parks and Recreation, in consultation with the Executive Director, Corporate Real Estate Management and Executive Director, Social Development, 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.

11. Prior to the issuance of the first above grade building permit for each building of the development, the Owner shall provide financial security in amounts equal to the Parks and Recreation component of the Development Charges and the Community Benefits Contribution for that building, to the satisfaction of the General Manager, Parks and Recreation, the Executive Director, Development Review and the City Solicitor.

12. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an Agreement pursuant to subsection 35.2(2) of the Planning Act and the City’s Inclusionary Zoning By-law on terms satisfactory to the Chief Planner and Executive Director, City Planning and, in a form, acceptable to the City Solicitor.

This report recommends approval of the application to amend the Official Plan and Zoning By-law to permit a four tower mixed use development at 45-47 Sheppard Avenue East consisting of heights of 30, 49, 53 and 59 storeys. The application proposes 2,377 residential units and 1,723 square metres of retail space at-grade. Four levels of underground parking with 689 parking spaces are proposed, as well as an on-site parkland dedication with a size of 1,162 square metres.

The application proposes 1,858 square metres of community space for City use, including the establishment of an Association of Community Centre (“AOCC”) governance board. The community space will address identified service gaps and advance equity-focused community development outcomes in the Avondale neighbourhood - providing inclusive spaces that strengthen civic engagement, building local leadership capacity, and improving overall community wellbeing. Corporate Real Estate Management will provide additional information on the details of the City’s acquisition of the community space.

The Minister of Municipal Affairs and Housing is the approval authority for amendments to authorized uses of land within Protected Major Transit Station Areas. If adopted by Council, the Official Plan Amendment would be forwarded to the Minister for approval under sections 17(22) and 17(34) of the Planning Act.

There are no immediate financial impacts resulting from the adoption of recommendations contained within this report. Any associated costs with the Community Space will be brought forward through the City’s annual budget process, and prioritized against other Citywide capital projects and operating impacts, as well as the City’s financial and resource capacity to deliver additional infrastructure works.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information as presented in the Financial Impact Section.

Community Benefits Charge

This Report requests Council approval of a Community Benefits Charge in-kind contribution of the design and construction of a Community Space of at least 1,858 square metres, including the conveyance of a minimum of 762 square metres of the Community Space for nominal consideration as an in-kind contribution, in accordance with the City’s standard terms, which shall be set out in an In-kind Contribution Agreement. The estimated value of the proposed Community Benefits Charge in-kind contribution is 100 percent of the 4 percent value of the land that is the subject of the development or redevelopment in accordance with the Community Benefits Charge By-law. The percentage ascribed to the in-kind contribution will not be a direct Community Benefits Charge payment to the City.