Item - 2016.EY15.3

Etobicoke York Community Council recommends that:

1.  City Council amend Site Specific Zoning By-law No. 760-2006 (OMB), for the lands at 205, 215, 225 and 235 Sherway Gardens Road (formerly known as 700 Evans Avenue) substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 1 to the report (May 25, 2016) from the Director, Community Planning, Etobicoke York District.

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 authorize the City Solicitor to amend the registered Section 37 Agreement for the property at 205, 215, 225 and 235 Sherway Gardens Road (formerly known as 700 Evans Avenue) to reallocate the remainder of the original $400,000 contribution (plus accrued interest) for Section 37 community benefits to capital parkland improvements within Ward 5.

4.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner to execute an Amending Section 37 Agreement, satisfactory to the Chief Planner and Executive Director, City Planning Division, and the City Solicitor.

Etobicoke York Community Council requested the Director, Community Planning, Etobicoke York District, to consult with the Chief Executive Officer, Toronto and Region Conservation Authority, to provide an update on the projects related to the Etobicoke Creek Trail and the Mimico Creek Trail, and report to the Etobicoke York Community Council for its meeting on September 7, 2016.

Etobicoke York Community Council held a statutory public meeting on June 14, 2016, and notice was given in accordance with the Planning Act.

This City-initiated application proposes to amend the Zoning By-law and Section 37 Agreement for the lands at 205, 215, 225 and 235 Sherway Garden Road (formerly known as 700 Evans Avenue) to reallocate previously secured Section 37 community benefits for parkland improvements in Ward 5.

At its meeting of May 15, 2012 Etobicoke York Community Council directed staff to review the status of secured but unexpended Section 37 funds in Ward 5 for the purpose of identifying funds that could be reallocated to alternate appropriate community benefits and to undertake City-initiated Zoning By-law Amendments accordingly.

The property at 205, 215, 225 and 235 Sherway Gardens Road (formerly known as 700 Evans Avenue) was identified as one such property with a Section 37 Agreement which could be amended.

At its meeting of July 16-19, 2013, City Council received for information a report recommending re-allocation of Section 37 funds. To date, most of the funds remain unspent.

This report is required because the current proposal is to reallocate the funds, which were previously secured for improvements to the Etobicoke Creek Trail in the general vicinity of the development, to be spent on capital parkland improvements in Ward 5.