45 to 47 Sheppard Avenue East - Official Plan and Zoning By-law Amendment Application - Decision Report - Approval

3. 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. 4. City Council allow the Owner of 45-47 Sheppard Avenue East (the "Site") to design and construct a community space of at least 1,858 square metres on a combination of the ground, second, third or mezzanine levels of Building D of the proposed development (the "Community Space") of which a minimum of 762 square metres shall be conveyed to the City for nominal consideration to the satisfaction of the Executive Director, Development Review, the Executive Director, Social Development, the Executive Director, Corporate Real Estate Management, and the City Solicitor, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act to facilitate the City establishing space for an Association of Community Centre in accordance with the following terms: a. the Owner shall convey to the City for nominal consideration a minimum of 762 square metres of the Community Space; b. the Owner shall enter into an Agreement of Purchase and Sale to sell the balance of the Community Space to the City in accordance with the terms agreed upon by the Owner and the City; c. the Community Space shall be delivered to the City in accordance with the City's Association of Community Centre Expansion Framework and Implementation Strategy; the Community Space will be finished to Base Building Condition with the terms and specifications outlined in Attachment 10, and is to be secured through the In-Kind Contribution Agreement described in Part 6 below, and other agreements as deemed appropriate by the City Solicitor; d. concurrent with, or prior to, the conveyance of the Community Space to the City, the Owner and the City shall enter into, and register on title to the appropriate lands, an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Space; and e. the City may elect to require the Owner to fulfill their Community Benefit Charges obligation as a payment, in lieu of providing the Community Space, in accordance with the Community Benefits Charge By-law 1139-2022, with the Owner to be notified of such election within 90 days of submission of a complete site plan control application for the second phase of the Development all at the discretion of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, and the Executive Director, Development Review, in consultation with the City Solicitor, the Chief Financial Officer and Treasurer and the Ward Councillor. 5. City Council attribute a value to the in-kind contribution set out in Part 4 above, equal to 100 percent of the 4 percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined on the day before the first building permit is issued in respect of the development. 6. City Council authorize the Executive Director, Development Review to enter into an Agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-Kind Contribution Agreement") to address the provision of the in-kind contribution identified in Part 4 above to the satisfaction of the Executive Director, Development Review and the City Solicitor. 7. City Council approve the acceptance of an on-site parkland dedication, in accordance with Section 42 of the Planning Act, being a minimum of 1,159 square metres in size, in a rectangular configuration generally located in the central eastern portion of the property with frontage on the proposed Tradewind Avenue/Doris Avenue extension (the "New Public Park"), being conveyed to the City in a phased manner described as follows: a. City Council approve that the Owner shall register a Section 118 Restriction prior to the first above-grade permit for the first building in the development (Building A) for the 567 square metre portion of the New Public Park, pursuant to the Land Titles Act, against title to the New Public Park to be conveyed to the City, that prohibits the transfer or charge of the parkland without the written consent of the Executive Director, Development Review, to the satisfaction of the City Solicitor; b. City Council approve that prior to the issuance of the first above-grade building permit for the second building in the proposed development (Building B), the Owner shall convey to the City an on-site parkland dedication having a minimum size of 567 square metres of the New Public Park, to the satisfaction of the Executive Director, Development Review and the City Solicitor; 1. City Council direct that the 567 square metres of the New Public Park be permitted to be used for the stockpiling of any soils or materials, or as an interim construction staging area for the development and construction access, for nominal consideration, and for no longer than 3 years following the conveyance of the 567 square metres of the New Public Park, subject to agreements with the City outlining the insurance requirements, extent of area and use permitted, tree removal and replacement (if any), duration, restoration plan and costs, to the satisfaction of the General Manager, Parks and Recreation; c. City Council approve that the Owner shall register a Section 118 Restriction prior to the first above-grade permit for the third building in the development (Building C) for the 592 square metre portion of the New Public Park, pursuant to the Land Titles Act, against title to the New Public Park to be conveyed to the City, that prohibits the transfer or charge of the parkland without the written consent of the Executive Director, Development Review, to the satisfaction of the City Solicitor; d. City Council approve that prior to the issuance of the first above-grade building permit for the fourth building in the proposed development (Building D), the Owner shall convey to the City an on-site parkland dedication having a minimum size of 592 square metres of the New Public Park, to the satisfaction of the Executive Director, Development Review and the City Solicitor; 1. City Council direct that the 592 square metres of the New Public Park be permitted to be used for the stockpiling of any soils or materials, or as an interim construction staging area for the development and construction access, for nominal consideration, and for no longer than 3 years following the conveyance of the 592 square metres of the New Public Park, subject to agreements with the City outlining the insurance requirements, extent of area and use permitted, tree removal and replacement (if any), duration, restoration plan and costs, to the satisfaction of the General Manager, Parks and Recreation. 2. City Council direct that the Owner shall participate in a City Parks and Recreation Division-led comprehensive public park design consultation process that ensures robust community input for meaningful feedback, which shall include at least two in-person public engagement meeting with the local Councillor, the Association of Community Centres Board of Management (if already formed) and community stakeholders and a survey, prior to submission of the final design for approval by the General Manager, Parks and Recreation. 3. the Owner shall offer to the City, at the time of negotiation of the Agreement of Purchase and Sale, between three and five parking spaces within the development, at a lease rate or price no more than other parking spaces in the development. These spaces shall be offered to the Community Space on a right of first refusal basis. Terms and conditions, including cost, duration, location, and exclusivity of use, shall be negotiated separately from the In-Kind Contribution Agreement. 4. City Council request that the Owner, in consultation with the neighbouring property at Condo Board of 23-33 Sheppard Avenue East, provide a privacy fence on the west property line to be 2.44 meters (8-feet) in height. 5. City Council request that the Owner prepare a Construction Management Plan for the proposed development in consultation with the surrounding community. 6. City Council request the Executive Director, Social Development, the Executive Director, Corporate Real Estate Management, and the General Manager, Parks and Recreation, in consultation with the Toronto District School Board and the Toronto Catholic District School Board, to examine the feasibility of establishing and resourcing the operations of an Association of Community Centres Board of Management in temporary leased locations, such as surplus City-owned facilities, Community Recreation Centres, or school board properties, once the delivery of a dedicated permanent facility has been confirmed as part of the development of 45-47 Sheppard Avenue East. 7. City Council request the applicant to explore the opportunity for the Toronto Parking Authority to operate a public parking lot within the underground garage. 8. City Council approve the acceptance of all on-site parkland dedications, 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, Parks 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, Parks and Recreation and the Executive Director, Corporate Real Estate Management. 9. 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 allocation shall be in an amount of a minimum of 40 percent of the total amount of the Development Charges 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. 10. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges, to offset the cost of the City's purchase of the outstanding 1,096 square metres of the recreation component of the Community Space, to the satisfaction of the General Manager, Parks and Recreation in consultation with the Executive Director, Corporate Real Estate Management and Executive Director, Social Development; the development charge credit allocation may be in an amount of up to 60 percent of the total amount of the Development Charges as approved by the General Manager, Parks and Recreation, in consultation with the Executive Director, Corporate Real Estate Management and Executive Director, Social Development, 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. 11. Prior to the issuance of the first above grade building permit for each building of the development, the Owner shall provide financial security in amounts equal to the Parks and Recreation component of the Development Charges and the Community Benefits Contribution for that building, to the satisfaction of the General Manager, Parks and Recreation, the Executive Director, Development Review and the City Solicitor. 12. City Council request the Owner to consider limiting projecting balconies on the west side of Building A to minimize overlook and privacy impacts on the adjacent property to the west of the site. 13. 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. 14. City Council authorize the City to enter into an agreement of purchase and sale with the owner of the property municipally known as 45-47 Sheppard Avenue East for 1,096 square metres of community space, to be constructed pursuant to the approvals provided for by the adoption of Item NY28.15, the terms and conditions set out in Appendix A and Confidential Attachment 1 to the supplementary report (December 15, 2025) from the Executive Director, Corporate Real Estate Management, and on such other or amended terms and conditions that are acceptable to the Executive Director, Corporate Real Estate Management, in consultation with the Executive Director, Social Development, and in a form satisfactory to the City Solicitor. 15. City Council authorize the public release of Confidential Attachment 1 to the supplementary report (December 15, 2025) from the Executive Director, Corporate Real Estate Management following the closing of any purchase transaction. 16. City Council determine that pursuant to Section 34(17) of the Planning Act, no further public notice is required in respect of the proposed Zoning By-law Amendment in Part 2 above. Confidential Attachment 1 to the supplementary report (December 15, 2025) from the Executive Director, Corporate Real Estate Management remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as contains information regarding a proposed acquisition or disposition of land by the City of Toronto. Confidential Attachment 1 to the supplementary report (December 15, 2025) from the Executive Director, Corporate Real Estate Management will be made public following the closing of any purchase transaction.