Item - 2026.TE32.8

The Toronto and East York Community Council recommends that:

1. City Council allow the owner of 221, 225 and 227 Sterling Road to design, construct, commission, finish and convey to the City a Community Agency Space to the satisfaction of the Executive Director, Development Review, the General Manager, Economic Development and Culture, and the Executive Director, Corporate Real Estate Management, as part of the development, as an in-kind contribution pursuant to Subsection 37(6) of the Planning Act, in accordance with the following terms:

a. the Community Agency Space will be comprised of a minimum of 465 square metres of gross floor area and located on the ground floor;

b. the Community Agency Space will be conveyed prior to condominium registration of Building "A" as shown in Attachment 1 of to the report (April 14, 2026) from the Director, Community Planning, Toronto and East York District;

c. the Community Agency Space shall be conveyed to the City in accordance with the City's Community Space Tenancy Policy and finished to base building condition, with the terms and specifications to be secured in the In-kind Contribution Agreement, to the satisfaction of the Executive Director, Development Review, the General Manager, Economic Development and Culture, the Executive Director, Corporate Real Estate Management and the City Solicitor;

d. where required, concurrent with or prior to the conveyance of the Community Agency Space to the City, the owner and the City shall enter into and register on title to the lands, an Easement and Cost Sharing Agreement at no cost to the City, that is in the 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 a portion of the lands to be owned by the City and the owner as they pertain to the Community Agency Space, all to the satisfaction of the Executive Director, Development Review, the General Manager, Economic Development and Culture, the Executive Director, Corporate Real Estate Management and the City Solicitor; and

e. prior to the issuance of the first above grade building permit for Building "A", the owner shall provide to the City a letter of credit or surety bond to secure the community agency space in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction, commissioning, finishing and handover of the Community Agency Space complying with the specifications and requirements of the In-kind Contribution Agreement, to the satisfaction of the General Manager, Economic Development and Culture and the Chief Financial Officer and Treasurer.

2. 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 1 above, to the satisfaction of the Executive Director, Development Review and the City Solicitor, in consultation with the General Manager, Economic Development and Culture, and the Executive Director, Corporate Real Estate Management, with such agreement to be registered on title to the site, which the In-Kind Contribution Agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

3. City Council attribute a value to the in-kind contribution as set out in Recommendation 1 above, equal to 100 percent of 4 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 first building permit is issued in respect of the development.

On May 10, 11 and 12, 2023, City Council directed staff to accept the with prejudice settlement offer related to the appeals of the Planning Act and Ontario Heritage Act applications at 221, 225 and 227 Sterling Road. City Council further directed staff to report back to City Council prior to Site Plan Approval, the acceptance of a Community Agency Space, pursuant to subsection 37(6) of the Planning Act.

This Report presents a Community Benefits Charge (CBC) in-kind contribution to secure 465 square metres (5000 square feet) of on-site Community Agency Space. The proposed in-kind contribution represents 100 percent of 4 percent of the value of the site, in accordance with the CBC By-law.