Item - 2011.NY8.36

North York Community Council recommends that:

1.         City Council amend the Official Plan for the lands at 4050 Yonge Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 7 to the report (June 1, 2011) from the Director, Community Planning, North York District.

2.         City Council amend former City of North York Zoning By-law No. 7625 for the lands at 4050 Yonge Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the report (June 1, 2011) from the Director, Community Planning, North York District, with the following amendments:

i.          Adding a new Section 2.(e)(iii), under the heading "Gross Floor Area" as follows:  

"The interior floor area of a portion of a building that is used exclusively for heating, cooling, ventilation, electrical, fire emergency stairwells, elevator shafts, atriums, utility areas, storage areas in the basement, parking space, loading space, or a drive aisle used to access a parking space or loading space, is not included as gross floor area for the purpose of calculating parking space requirements";

ii.         Amending Section 3.(c) Landscaping, to read:  "A minimum of 1,780 square metres of landscaping shall be provided";

iii.        Amending Section 3.(d) Soft Landscaping, to read:  "A minimum of 1,060 square metres of landscaping shall be provided";

iv.        Amending Section 3.(e) Cafes and patios, to read:  "Cafes and patios ancillary to a restaurant use shall not exceed an area of 250 square metres".

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft amending By-laws as may be required.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: 

A.        The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.          Prior to the release of above grade permits, provide a cash contribution of $1,500,000, which is to be used for the following:

a.         Upgrades to the existing transit passenger pick-up and drop-off parking area along Old York Mills Road;

b.         Path and trail improvements/connections within the West Don River Valley area adjacent to the site, York Mills Park and York Mills Valley Park; and

c.         Parks improvements to Woburn Park, Brookdale Park, Douglas Greenbelt and the establishment of a Village Square on Dunblaine Avenue.

ii.         Require that the cash amounts identified above shall be indexed quarterly in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the owner to the City;

 iii.       Provide and maintain public art pursuant to a Percent for Public Art Program to be located on publicly accessible portions of the site to a value not less than one percent of the gross construction costs of all buildings and structures to be erected on the site; and

iv.        Notwithstanding A.i. above, that $750,000.00 of the Section 37 contribution be issued to the City at the time City Council confirms the by-law.

B.        The following matters are also to be secured in the Section 37 Agreement as a legal convenience to support development:

 i.         The owner is required to submit a Reference Plan for all or portions of the lands below the top-of-bank, to the satisfaction of the Toronto and Region Conservation Authority, and convey all or portions of the subject site below top-of-bank to the Toronto and Region Conservation Authority; and

ii.         The owner shall construct and maintain the development in accordance with the Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption item PG32.3 of the Planning and Growth Committee.

5.         Before introducing the necessary Bills to City Council for enactment, City Council:

a.         Require the applicant to enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act; and

b.         Require the applicant to submit a letter of credit in the amount of $300,000 in order to secure improvements to the existing sanitary sewer, to the satisfaction of the Executive Director of Technical Services.

6.         City Council amend former City of North York By-law Nos. 9813 and 9896 substantially in accordance with the draft By-law Amendment attached as Attachment No. 9 to the report (June 1, 2011) from the Director, Community Planning, North York District.

7.         Before introducing the necessary Bills to City Council for enactment, City Council require that the owner enter into an agreement with the City to secure Technical Services conditions related to the removal of portions of the property from By-law Nos. 9813 and 9896, to the satisfaction of the City Solicitor and the Executive Director of Technical Services.