221-237 Finch Avenue West and 43 Finchurst Drive Official Plan Amendment and Zoning By-law Amendment Applications - Decision Report - Approval

City of Toronto Zoning By-law 569-2013 for the lands municipally known as 221, 223, 225, 227, 229, 231, 235 and 237 Finch Avenue West and 43 Finchurst Drive substantially in accordance with the draft Zoning By-law Amendment included as Attachment 1 to motion 1 by Councillor Lily Cheng to ensure at least 600 square metres of non-residential space in provided on ground floor along Finch Avenue West. 3. City Council request the owner to make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in the vicinity of Ancona Park, Edithvale Park or Strafford Park, 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 and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by 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 onsite 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. 4. City Council request that the applicant, in consultation with adjacent landowners, provide up to two (2) trees in the backyards of neighbouring properties at the developer's expense, prior to the issuance of a building permit. 5. City Council request that the applicant explore, as part of a Site Plan Control application: a. in consultation with the adjacent landowners, provide a privacy fence on the south property line to be 2.44 metres (8-feet) in height or a mutually agreeable alternative. b. enclosing the balconies along the south façade to the satisfaction of the Executive Director, Development Review; c. using non-reflective materials on the south-facing exterior building face; d. implement measures, such as signage, subject to and in accordance with City standards and to the satisfaction of the General Manager, Transportation Services, to limit left-turns on to Finchurst Drive from the driveway to reduce traffic infiltration into adjacent residential street; and e. ensure all soil volume provided for all on-site tree plantings continues to meet or exceed the City's minimum standards. 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 the General Manager, Parks and Recreation and the Executive Director Development Review, in consultation with the local Ward Councillor and the City Solicitor, to work with the Owner to explore an in-kind community benefit package pursuant to Section 37(6) of the Planning Act, to include a contribution towards the increase of an off-site parkland dedication in the vicinity of Ancona Park, Edithvale Park or Strafford Park; and to use the balance of the remaining community benefits package, if available, towards a park amenity or artwork at a location to be determined in consultation with the local Councillor and report back to City Council for further instruction on any offer of in-kind community benefits made by the applicant. 10. City Council request that the applicant prepare a Construction Management Plan for the proposed development in consultation with the surrounding community and share it with the local Ward Councillor. 11. City Council determine that revisions to the draft zoning By-law Amendment in Part 2 above, are minor in nature and pursuant to Subsection 34(17) of the Planning Act no further notice is required. 12. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendment as may be required.