Item - 2016.MM21.43

City Council on October 5, 6 and 7, 2016, adopted the following:

1. City Council amend its decision of July 12, 2011 (NY8.36) by deleting Parts 1, 2, 4, 5a, 6, and 7 and replacing them with the following:

1.  City Council amend the Official Plan for the lands at 4050 Yonge Street substantially in accordance with the draft Official Plan Amendment as attached in Attachment 6 to the report (October 4, 2016) from the Chief Planner and Executive Director, City Planning.

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 7 to the report (October 4, 2016) from the Chief Planner and Executive Director, City Planning.

3.  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, the Douglas Greenbelt and Old Orchard Park;  

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.  require that a portion of the Section 37 amount in the sum of $300,000.00 be provided prior to December 1, 2016; and

b. The following matters are also to be secured in the Section 37 Agreement as a legal convenience to support the 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 2 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 of item PG32.3 of the Planning and Growth Management Committee.

4.  City Council amend the former City of North York By-laws 9813 and 9896 substantially in accordance with the draft By-law Amendment attached as Attachment 8 to the report (October 4, 2016) from the Chief Planner and Executive Director, City Planning.

5.  City Council require that prior to final site plan approval 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 9813 and 9896, to the satisfaction of the Interim City Solicitor and the Director, Engineering and Construction Services.

6. City Council determine that the revisions made to the proposed Official Plan and Zoning By-laws 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 Official Plan and Zoning By-laws.