Item - 2015.NY10.39

That City Council adopt the following recommendations contained in the supplementary report (December 7, 2015) from the Chief Planner and Executive Director, City Planning [NY10.39a], as amended by adding "and/" after the words "day care" in Parts 4.a.i and 4.a.ii, and by deleting the number "28,553 square metres" in Section 2(p) of the Implementing Zoning By-law and replacing it with the number "29,343 metres":

1. City Council amend the former City of North York Zoning By-law 7625, for the lands at 30 Tippett Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 1 to this supplementary report;

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required;

3. City Council direct that before introducing the necessary Zoning Bills to City Council for enactment, City Council has adopted the Official Plan Amendment which establishes a development framework for the Tippett Road Area;

4. Before introducing the necessary Zoning Bills to City Council for enactment, require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following facilities, services and matters:

a. The following matters shall be secured as community benefits in support of the development:

i. the provision of a minimum 464.5 m² finished day care and/or community space in the base of Building A near to the Wilson Subway Station entrance, the specific location, configuration and design to be to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii. Prior to the issuance of the first Above Grade Building Permit for the site, the Owner shall provide a financial contribution in the amount of $200,000 to be used for either Public Art on the site, to furnish the daycare and/or community space being provided in recommendation (i) above, or for other amenities on the site. The allocation of the $200,000 is to be determined by the Chief Planner and Executive Director, City Planning in consultation with the local Councillor;

iii. the Owner shall provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, an accessible public pedestrian walkway under/through Building A which shall have a minimum width of 12.0 metres and a minimum height of 6.0 metres, and shall provide a direct at-grade connection between the west end of the new public street located along the south property line of the subject site to the Wilson Subway Station entrance located west of the site and east of the William R. Allen Road generally within the area identified as "Privately-Owned Publicly-Accessible Walkway at Ground Level through Building A" on Schedule 2 of the Zoning By-law Amendment, with the specific location, configuration and design to be determined during Site Plan Control Approval and secured in a Site Plan Agreement with the City;

iv. the Owner shall provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, an accessible public pedestrian walkway south of Building A which shall have a minimum width of 3.5 metres and a minimum height of 6.0 metres and shall provide a direct at-grade connection between the west end of the new public street located along the south property line of the subject site to the southwest corner of the subject site located east of the William R. Allen Road generally within the area identified as "Privately-Owned Publicly-Accessible Walkway at Ground Level South of Building A" on Schedule 2 of the Zoning By-law Amendment, with the specific location, configuration and design to be determined during Site Plan Control Approval and secured in a Site Plan Agreement with the City;

v. the Owner shall provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, an accessible public open space north of Building A from the northwest corner to the northeast corner of the subject site along the Wilson Avenue frontage generally within the area identified as "Privately-Owned Publicly-Accessible Open Space at Ground Level North of Building A Along Wilson Avenue" on Schedule 2 of the Zoning By-law Amendment, with the specific location, configuration and design to be determined during Site Plan Control Approval and secured in a Site Plan Agreement with the City;

vi. the Owner shall provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, an accessible public pedestrian walkway within the Ministry of Transportation Building setback area along the west property line of the subject site which shall have a minimum width of 2.5 metres and shall provide a direct at-grade connection between the north end of the subject property at Wilson Avenue and the southwest corner of the property located east of the William R. Allen Road generally within the area identified as "Privately-Owned Publicly-Accessible Walkway at Ground Level West of Building A" on Schedule 2 of the Zoning By-law Amendment, with the specific location, configuration and design to be determined during Site Plan Control Approval and secured in a Site Plan Agreement with the City;

vii. the Owner shall provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, an accessible public pedestrian walkway under/through Building B which shall have a minimum width of 2.5 metres and a minimum height of 6.0 metres and shall provide a direct at-grade connection between the new public street located along the south property line of the subject site to the north lot line of the subject site north of Building B generally within the area identified as "Privately-Owned Publicly-Accessible Walkway at Ground Level through Building B" on Schedule 2 of the Zoning By-law Amendment, with the specific location, configuration and design to be determined during Site Plan Control Approval and secured in a Site Plan Agreement with the City;

viii. the Owner shall provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, a privately owned publicly accessible (POPS) forecourt area located northwest of the cul-de-sac of the new public street located along the south property line of the subject site providing direct at-grade connections between the new public street and the pedestrian walkway described in iii) above generally within the area identified as "Privately-Owned Publicly-Accessible Space at Ground Level" on Schedule 2 of the Zoning By-law Amendment, with the specific location, configuration and design to be determined during Site Plan Control Approval and secured in a Site Plan Agreement with the City; and

ix. prior to registration of the first condominium on the lands, the Owner shall have completed construction of the publicly accessible walkway and forecourt referred to in iii) and viii) above and shall have conveyed public access easements to the City for nominal consideration, at no cost to the city and free and clear of encumbrances to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, on such terms and conditions as set out in the Section 37 Agreement, including provision for deposit of reference plans, environmental obligations as well as insurance and indemnification associated with public access easements.

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

i. Prior to the issuance of the Notice of Approval Conditions letter for the Site Plan Control Application for the site, the Owner shall provide a conceptual plan that identifies public realm and safety improvements at the intersection of Tippet Road and Wilson Avenue with proportional cost sharing based on trip generation to the satisfaction of the Executive Director, Engineering and Construction Services.

ii. The total number of parking spaces required to be provided by the Zoning By-law may be reduced by not more than 10% if the following Travel Demand Management (TDM) measures are provided to the satisfaction of the Chief Planner and Executive Director, City Planning:

a. Publicly accessible car-share spaces

b. Bicycle parking for residents and visitors;

c. Public bicycle parking including bike-share spaces;

d. Electric vehicle charging facility;

e. Pick-up/drop off spaces;

f. TV monitor to display real time transportation information; and

g. Dedicated visitor parking.

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

6. City Council authorize the appropriate City Officials to take such actions as are necessary to implement the foregoing, including the implementation of the Section 37 Agreement.

7. Prior to the issuance of Draft Plan of Subdivision approval for file 15 220939 NNY 10 SB, the applicant be required to submit a revised South West Tippet Area Master Servicing Study to the satisfaction of the Executive Director, Engineering and Construction Services. If the revised study concludes that servicing improvements to the 30 Tippet Road site are required, conditions to secure these improvements will be included as conditions of Draft Plan of Subdivision approval.

8. Prior to the issuance of a Notice of Approval Conditions Letter for the associated Site Plan Control Approval application, the applicant be required to:

a. Submit a revised Functional Servicing Report and Stormwater Management Report to the satisfaction of the Executive Director, Engineering and Construction Services to provide increased capacity and redundancy in the 100 year system with the development to control runoff in excess of the 100-year storm runoff;

b. Continue discussions with City Planning staff regarding building articulation and building treatments, including balcony configurations and stepbacks between the base of the buildings and balconies; and

c. Submit a revised Transportation Impact Study, if required, to the satisfaction of the Executive Director, Engineering and Construction Services.

9. The Owner is to provide 50 affordable rental residential units and 50 affordable ownership residential units in the proposed development subject to Council approving an affordable housing funding report from the Director of the Affordable Housing Office, and subject to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

10. City Council determine that the revisions made to the proposed Zoning By-law are minor in nature and, pursuant to subsection 34(17) of the Planning Act, no further public notice is required in respect of the proposed Zoning By-law

That North York Community Council:

1. Submit the item to City Counil without recommendation.

2. Direct the Chief Planner and Executive Director, City Planning, in consultation with the Director, Transportation Services, North York District, the General Manager, Children's Services, and the General Manager, Parks, Forestry, and Recreation to meet with the applicant in an effort to resolve the outstanding issues of parking standards, timing of servicing reports, and daycare/community facility furnishings, and to report directly to City Council for its meeting on December 9 and 10, 2015 on the results of those  discussions and on the following motion put forward by Councillor Pasternak:

"1. Adopt the Staff recommendations in the Recommendations section of the report (November 4, 2015) from the Director, Community Planning, North York District, with the following amendments:

a. delete Recommendation 4b;

b. delete Recommendation 4c;

c. delete Recommendation 4d; and

d. add the following recommendations:

“Prior to Site Plan Approval, the applicant be required to:

1. Submit a revised Transportation Impact Study to address multi-modal infrastructure issues to the satisfaction of the Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning.

2. Continue discussions with City Planning regarding building articulation and building treatments including balcony configurations and stepbacks between base of buildings and balconies.”

e. amend Recommendation 5 as follows;

i. delete Recommendation (a)(i) and replace it with the following:

“the provision of a minimum of 464.5 square metres in the base of building A near to the Wilson Subway Station entrance, that may be used as either community space or a, daycare to the satisfaction of the Chief Planner and Executive Director, City Planning and the Ward Councillor.”;

ii. amend Recommendation (a)(vi) by deleting “25.0” and replacing it with “2.5”;

iii. add the following recommendation:

“Prior to the issuance of the first Above Grade Building Permit for the site, the owner shall make a Public Art contribution in an amount to be determined in consultation with the Ward Councillor and City Planning and in accordance with the ‘Percent for Public Art Program and Guidelines’”.

f. amend Attachment 10, Section 2 as follows:

i. delete subsection (a)(viii) and replace with the following

“Type ‘G’ loading space” shall mean a loading space that is a minimum of 4.0 metres wide, a minimum of 13.0 metres long, and has a vertical clearance of 6.1 metres”;

ii. Subsection (k) delete “1.5 metres” and replace it with 2.0 metres;

iii. delete subsection (p); and

iv. delete subsection (v) and replace them with the following:

"Parking for the site shall be provided in accordance with the following table:

v. delete subsection (w) and replace it with the following:

“No non-residential parking shall be provided on site. Two of the visitor parking spaces may be shared with non-residential uses”; and

vi. delete subsection (x) and replace it with the following:

“A minimum of two (2) and a maximum of four (4) car share parking spaces shall be provided on site”.

g. amend Attachment 10, Schedule “A” as follows:

i. delete Subsection (ix) and replace it with the following:

“the provision of a minimum of 464.5 square metres in the base of building A near to the Wilson Subway Station entrance, that may be used as either community space or a daycare to the satisfaction of the Chief Planner and Executive Director, City Planning and the Ward Councillor.”; and

ii. delete 25.0 metres in Subsection (xiv) and replace it with 2.5 metres.

iii. add the following recommendation:

“Prior to the issuance of the first Above Grade Building Permit for the site, the owner shall make a Public Art contribution in an amount to be determined in consultation with the Ward Councillor and City Planning and in accordance with the ‘Percent for Public Art Program and Guidelines’”."