40, 42, 44, 46 and 48 Hendon Avenue - Official Plan Amendment, Zoning By-law Amendment Applications - Decision Report - Approval

3. 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. 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 Amendments as may be required. 5. City Council approve that in accordance with Section 42 of the Planning Act, prior to the issuance of the first above grade building permit, the Owner shall convey to the City, an on-site parkland dedication, having a minimum size of 232 square metres, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor. 6. City Council approve the acceptance of on-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; the Owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Park and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Park and Recreation and the Executive Director, Corporate Real Estate Management. 7. 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. 8. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an Agreement pursuant to subsection 35.2(2) of the Planning Act and the City's Inclusionary Zoning By-law on terms satisfactory to the Chief Planner and Executive Director, City Planning, and in a form acceptable to the City Solicitor. 9. City Council direct 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, including improvements to the existing splash pad and/or the existing playground within Hendon Park, to supplement the above base park improvements secured within the 232 square metres on-site parkland dedication, and to report back to City Council for further instruction on any offer of in-kind community benefits made by the Owner.