2810 - 2816 Bayview Avenue - Official Plan Amendment and Zoning By-law Amendment - Decision Report - Approval

3. City Council amend the draft Zoning By-law Amendment attached as Attachment 6 to the report (January 31, 2025) from the Director, Community Planning, North York District to: a. require a minimum of 16 visitor parking spaces at 2810-2816 Bayview Avenue; and b. remove the Holding Provision (H). 4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required. 5. City Council request that the Owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, with a focus on obtaining lands designated as Parks in Schedule 1 of the Council-adopted Official Plan Amendment 777 (ReNew Sheppard East Secondary Plan), in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks and Recreation, to be conveyed prior to the issuance of the first above grade building permit and; a. in the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit; b. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu; and c. the value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services and payment will be required prior to the issuance of the first above grade building permit. 6. City Council approve the acceptance of an off-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition. 7. City Council direct that should the cost of acquiring the land for the off-site dedication, including the purchase price, less reasonable real estate commissions of up to 5 percent, land transfer tax, and typical closing adjustments incurred, to the satisfaction of the General Manager, Parks and Recreation, be less than the value of the parks levy calculated upon the submission of an application for the first above-grade building permit, the difference will be paid as cash in lieu to the City prior to the issuance of the first above-grade building permit for the development. 8. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 9. City Council request that the applicant, in consultation with the adjacent landowners, provide a privacy fence on the west property line to be 2.44 metres (8-feet) in height or a mutually agreeable alternative. 10. City Council request that the applicant prepare a Construction Management Plan for the proposed development in consultation with the surrounding community. 11. City Council request the applicant explore extending the sidewalk and providing benches on the north side of Irvington Crescent to establish a continuous pedestrian connection between Bayview Avenue and Granlea Road with pedestrian accessibility and public realm enhancements in consultation with the Executive Director, Development Review, and the local Ward Councillor as part of an in-kind community benefit package pursuant to Section 37(6) of the Planning Act. 12. City Council request that the applicant explore working with the City to allocate any remaining Community Benefits Charges contribution toward the increase of the off-site parkland dedication as part of an in-kind community benefit package pursuant to Section 37(6) of the Planning Act, to the satisfaction of the General Manager, Parks and Recreation, in consultation with the Executive Director, Development Review, the local Ward Councillor and the City Solicitor. 13. City Council determine that the revisions to the By-law noted in Part 3 above are minor in nature and pursuant to Section 34(17) of the Planning Act, no further public notice is required in respect of the proposed Zoning By-law Amendment.