Item - 2025.TE21.4

That City Council adopt the following recommendations in the report (March 18, 2025) from the Director, Community Planning, Toronto and East York District:

1. City Council amend the Official Plan, as amended by Official Plan Amendment 260, for the lands at 158 Sterling Road (Blocks 5B, 5C, and 5D) and 190 Sterling Road (Block 3B) substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to this report.

2. City Council amend Zoning By-law 438-86, as amended by Site Specific Zoning By-law 943-2015 (OMB) for the lands at 158 Sterling Road (Blocks 5B, 5C, and 5D) and 190 Sterling Road (Block 3B) substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to this report.

3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. submit a revised Functional Servicing and Stormwater Management Report and supporting plans for 158 Sterling Road (Blocks 5B, 5C, and 5D) and 190 Sterling Road (Block 3B), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; and

b. enter into a financially secured agreement with the City to secure the construction of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports to support the developments, if any, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water.

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 require the owner of the lands at 158 Sterling Road (Blocks 5B, 5C, and 5D) and 190 Sterling Road (Block 3B) to enter into, and register on title, an Amending Section 37 Agreement  which would amend the Section 37 Agreement, dated August 11, 2015, registered on title for 158, 164, 181 and 200 Sterling Road (Instrument AT3999234), as amended October 26, 2020 (Instrument AT5726025), to the satisfaction of the City Solicitor and the Executive Director, Development Review, in consultation with the Ward Councillor. The additional community benefits to be provided by the owner, at the owner's expense, and secured through the Zoning By-law Amendment with the required on terms set out in the Amending Section 37 Agreement relating to the proposed developments, are as follows:

a. an expanded Childcare Centre within the proposed development on 190 Sterling Road (Block 3B), which will be comprised of approximately 928 square metres (approximately 10,000 square feet) of indoor area located on the ground and second floors and approximately 278 square metres (2,992 square feet) of outdoor area, located on the second floor, directly adjacent to the indoor area;

b. the Childcare Centre shall be designed, constructed and delivered in accordance with the Childcare Early Years Act, 2014, as amended, and City of Toronto Childcare Design and Technical Guideline R1 (2016) or successor;

c. the Childcare Centre will accommodate a minimum of 62 children, including infants, toddlers, and preschoolers; and

d. the Childcare Centre will be provided in accordance with the terms to be set out in the Amending Section 37 Agreement to the satisfaction of the Executive Director, Development Review, the General Manager, Children's Services and the City Solicitor.

6. City Council require that the following matters also be secured in the Section 37 Amending Agreement referred to in Recommendation 5, above and as a legal convenience to support the proposed developments:

a. the owner shall construct and maintain a minimum of 720 square metres of Privately-Owned Publicly Accessible Space located on either 158 Sterling Road (Block 5B) or, on a combination of 158 Sterling Road (Blocks 5B and 5C), in the form of a central courtyard, with specific configuration, and design and timing, for the delivery of the privately owned publicly-accessible space to be determined in the context of Site Plan approval, all to the satisfaction of the Executive Director, Development Review;

b. the owner shall construct and maintain a pedestrian connection from Perth Avenue, to the Privately-Owned Publicly Accessible Space required in 6.a above, with a minimum width of 5.65 metres, with specific configuration,  design and timing for the delivery of the pedestrian connection to be determined in the context of Site Plan approval, to the satisfaction of the Executive Director, Development Review;

c. the owner shall construct and maintain a pedestrian connection, with a minimum width of 3.0 metres, from 158 Sterling Road (Block 5C) to the West Toronto Rail Path, with specific configuration, design and timing for the delivery of the pedestrian connection to be determined in the context of Site Plan approval, to the satisfaction of the Executive Director, Development Review;

d. the owner shall prepare all documents, including required reference plan(s) of survey, and convey, to the satisfaction of the Executive Director, Development Review and the City Solicitor, for nominal consideration, at no cost to the City and, unless specifically permitted, free and clear of physical and title encumbrances, a public access easement, in favour of the City, in perpetuity, over the Privately-Owned Publicly Accessible Space and associated pedestrian connections, at such time as is determined in the context of Site Plan approval;

e. the owner shall prepare and submit an updated Pedestrian Level Wind Study and related design details identifying the required wind mitigation for 158 Sterling Road (Blocks 5B and 5C) and 190 Sterling Road (Block 3B), to the satisfaction of the Executive Director, Development Review;

f. the owner shall prepare all documents, including required reference plan(s) of survey, and convey a pedestrian clearway easement, for nominal consideration, at no cost to the City and free and clear of physical and title encumbrances, unless specifically permitted, to secure a 2.0 metre wide pedestrian sidewalk clearway along the northerly 2 metres of 190 Sterling Road Block 3B’s Sterling Road frontage and a 5.0 metre corner rounding at the northeast corner of Block 3B, to a minimum height of 6.3 metres above the finished grade, together with rights of support, as applicable, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor;

g. the owner shall submit Transportation Demand Management plans and any additional implementing documentation for 158 Sterling Road (Blocks 5B and 5C) and 190 Sterling Road (Block 3B), including payment or securities in the form of a letter of credit or certified cheques to the satisfaction of the Executive Director, Development Review;

h. the owner shall submit a Rail Safety Study for 158 Sterling Road (Blocks 5B and 5C) for the City’s peer review, at the owner’s sole expense, to the satisfaction of the Executive Director, Development Review; and

i. the owner shall submit a Noise and Vibration Assessment for 158 Sterling Road (Blocks 5B and 5C) and a Noise Impact Study for 190 Sterling Road (Block 3B) for the City’s peer review, at the owner’s sole expense, to the satisfaction of the Executive Director, Development Review.

7.  City Council authorize the City Solicitor to submit the necessary Bill(s) to implement City Council's decision provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the required Section 37 Amending Agreement is executed and registered.

That: 

1. City Council request the General Manager, Transportation Services to review and report back to the Toronto and East York Community Council on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 158 Sterling Road (Blocks 5B, 5C and 5D) and 190 Sterling Road (Block 3B) from Permit Parking.

That the item be forwarded to City Council without recommendation.