Item - 2014.NY34.92

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council instruct the City Solicitor, together with City Planning staff and any other City staff as appropriate, to attend the Ontario Municipal Board hearing for 55, 59, 60, 62, 70, 72 and 76 Forest Manor Road, 106 and 123 Parkway Forest Drive, and 125 George Henry Boulevard in opposition to the proposal in its current form.

2.         City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant in an attempt to resolve the built form changes and design related matters raised in the report (August 6, 2014) from the Director, Community Planning, North York District and any issues that may arise from the further review.

3.        City Council direct that, as part of the continued discussions respecting the proposal, the issues set out in the report (August 6, 2014) from the Director, Community Planning, North York, shall be addressed to the satisfaction of the Director, Community Planning, North York District, including:

a.         the proposed floor area redeployed along the Forest Manor Road frontage above the entrance driveways so as to connect Buildings B2 and B3 and Buildings C2 and C3. As a minimum, the height of the proposed 3-storey bases on Buildings B3 and C3 should be increased to define the edge of the street as outlined in the Parkway Forest Context Plan;

b.         sufficient information to confirm the ground floor uses for all buildings on Blocks B and C have views onto and, where possible, access to, adjacent streets;

c.         a revised proposal that replaces the shared loading area proposed on Block C, at the corner of Helen Lu Road and Don Mills Road, with more active, at grade residential units that compliments the design proposed for Building B1 at the corner of George Henry Boulevard and Don Mills Road;

d.         a revised submission that demonstrates an increased separation distance has been provided between Buildings B1 and B2 and Buildings C1 and C2 so as to improve views and privacy between the buildings as well as, to provide additional space for landscaping;

e.         submission of an updated phasing/master plan, such plan to be incorporated into an agreement, which sets out the remaining phases and number of dwelling units within each building to determine the number of dwelling units that would be associated with each of the remaining holding symbols;

f.          the applicant addressing any further comments received from the revised submission and further processing of the application; and

g.         the number of one bedroom units within the specified gross floor area be reduced by 25 and that the available square footage that results be dedicated to the construction of three bedroom units.

4.         In the event that the Ontario Municipal Board allows the appeal on the Zoning By-law Amendment application in whole or in part, City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold its Order until such time as:

a.         an appropriate Zoning By-law amendment is prepared to the satisfaction of the Director, Community Planning, North York District and the City Solicitor. The implementing Zoning By-law should incorporate performance standards which include, but not be limited to, regulations on parking and loading standards, maximum building heights, building transition, maximum building floor plates and envelopes, maximum gross floor area, minimum building setbacks, maximum number of dwelling units, phasing, minimum indoor and outdoor recreational amenity area, bicycle parking spaces, and appropriate Section 37 contributions;

b.         the Owner has entered into an agreement with the City to secure community benefits pursuant to Section 37 of the Planning Act to the satisfaction of the Director, Community Planning, North York District and City Solicitor requiring the Owner to:

i.          provide a cash contribution of $500,000.00 to be used towards parks improvements to Parkway Forest Park;

ii          provide a cash contribution of $30,000.00 to assess the transportation effects of full build-out of the development for additional traffic monitoring in the area surrounding the development which will include all modes of transportation - vehicle, walking, cycling and transit;

The above contribution is to be paid prior to the issuance of the first above-grade building permit for the development, with such amounts to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Index for Toronto, calculated from the date of the Section 37 Agreement to the date of payment.

The following matter is to be secured in the Section 37 Agreement in support of the development:

iii.        the Owner shall construct and maintain the development in accordance with the Tier 1 performance measure of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009; and

c.         the applicant addressing the requirements outlined in the memorandum dated June 25, 2014 to the satisfaction of the Engineering and Construction Services and at no cost to the City of Toronto.

5.         City Council direct that the alternative parkland dedication calculations be finalized at the discretion of the Acting General Manager, Parks, Forestry and Recreation, in consultation with the Chief Planner and Executive Director, City Planning.

6.         City Council direct that Section 2(ww)(xiv)(4) of By-law 865-2008 (OMB), which outlines that every first purchaser of each dwelling unit and each tenant relocated to a new rental replacement building receive a one annual 12-month subscription be deleted, and that City Council authorize the City Solicitor to amend the March 1, 2008 Section 37 agreement accordingly.

7.         City Council direct that the outcome of this meeting be communicated by City Planning staff to the community bordered by Sheppard Avenue East, Highway 401, Highway 404 and Leslie Street and that the associated costs be borne by the applicant.