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Toronto City Council · 2023-12-13 · 2023.CC13.10

The filed record

250 Wincott Drive and 4620 Eglinton Avenue West - Authority to Amend Section 37 Agreement to Reflect the Minor Variance Decision of the Committee of Adjustment

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The decision

2023-12-13 · Toronto City Council · amended

As filed

City Council on December 13, 14 and 15, 2023, adopted the following: 1. City Council authorize the appropriate City officials to enter into and register on title an agreement to amend the Section 37 Agreement dated October 4, 2021, registered as Instrument AT5918477 on November 23, 2021 to implement the revised timing for the design and construction of municipal infrastructure improvements as approved by the Committee of Adjustment Decision dated November 9, 2023.

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2. City Council authorize the City Solicitor to make any other such amendments determined necessary to implement City Council's decision on this matter, on terms satisfactory to the Chief Planner and Executive Director, City Planning, and in a form satisfactory to the City Solicitor. 3. City Council amend City of Toronto Municipal Code Chapter 925, Permit Parking, in order to prevent the residents of, visitors to, or tradespersons at 250 Wincott Drive and 4620 Eglinton Avenue West from obtaining a parking permit. 4. City Council request the Chief Planner and Executive Director, City Planning to include the following as a Site Plan approval condition [as amended with final statistics]: a. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development: Purchasers acknowledge and agree that purchasers or residents of the development will not be eligible for on street-parking permits under the City of Toronto Municipal Code. Purchasers agree that, despite the status or availability of on-street parking permits for residents in the development area as of the date of this document, the availability of on-street parking permits in the development area for the purchasers or residents of the development may, at the discretion of City of Toronto Council, be modified, amended or removed at any time in accordance with the City of Toronto Act, 2006, as amended from time to time and its successors, and the City of Toronto Municipal Code. b. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development: The building contains [insert number of] units, served on site by [insert number of] resident parking spaces, [insert number of] visitor parking spaces and [insert number of] accessible parking spaces. Additional parking for overflow, visitors and residents, including overnight, is of limited or no availability. Additional off street parking, potentially at additional cost, is not guaranteed, however may be available at: For visitors: [insert the 5 closest locations that provide off-street parking, Green P on-street parking, or parking for more than 3 hours] For residents: [insert locations of 5 closest off-street parking locations that offer overnight or monthly parking] 5. City Council request City Planning and the Applicant to prioritize the installation of pedestrian sidewalks along Eglinton Avenue, within the site, and connecting the interior of the site with public streets.

The vote

On the agenda

As the city filed it

On July 14, 2021, City Council approved Site-Specific Zoning By-laws 834-2021 and 835-2021 (the "Zoning By-laws") permitting the development of lands known as 250 Wincott Drive and 4620 Eglinton Avenue West (the "Site"). On April 18, 2023, the applicant submitted a minor variance application to the Committee of Adjustment seeking relief from the provisions of the Zoning By-laws relating to the unit mix and minimum unit sizes within the development (the "Minor Variance Application").

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On November 9, 2023 the Committee of Adjustment approved the Minor Variance Application (the "Committee of Adjustment Decision"). The Section 37 Agreement registered on title as Instrument AT5918477 on November 23, 2021 (the "Section 37 Agreement") similarly includes provisions relating to the mix of two and three-bedroom units, and the minimum sizes of each. In light of the Committee of Adjustment Decision, the Section 37 Agreement will need to be amended to reflect the revised timing as approved by the Committee of Adjustment.

Staff recommended

The City Solicitor recommends that: 1. City Council authorize the appropriate City officials to enter into and register on title an agreement to amend the Section 37 Agreement dated October 4, 2021, registered as Instrument AT5918477 on November 23, 2021 to implement the revised timing for the design and construction of municipal infrastructure improvements as approved by the Committee of Adjustment Decision dated November 9, 2023.

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2. City Council authorize the City Solicitor to make any other such amendments determined necessary to implement City Council's decision on this matter, on terms satisfactory to the Chief Planner and Executive Director, City Planning, and in a form satisfactory to the City Solicitor.

    On the record

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