567 Sheppard Avenue East - Official Plan Amendment and Zoning By-law Amendment - Decision Report - Approval

The total site gross floor area is 77,139 square metres. The proposed development is consistent with the Provincial Planning Statement, 2024 (PPS, 2024). The proposal is also consistent with the general intent of the City's Official Plan, including the Council-adopted Renew Sheppard East Secondary Plan (OPA 777).

3. 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. 4. City Council approve that in accordance with Section 42 of the Planning Act prior to the issuance of the first above grade building permit for the first residential building, the Owner shall convey to the City an on-site parkland dedication that expands Kenaston Gardens Parkette, having a minimum size of 200 square metres, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor. 5. 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, 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 determined by the General Manager, Parks and Recreation and the Executive Director, Corporate Real Estate Management. 6. 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. 7. In addition to the on-site Parkland Dedication set out in Recommendation 5 above, City Council request that the owner make reasonable commercial efforts to convey off-site parkland to the City, in fulfilment of the balance of its 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, to be conveyed prior to the issuance of the first above grade building permit for the first residential building and; a. in the event that the off-site parkland dedication, including the purchase price, less reasonable real estate commissions of up to 5 percent, land transfer tax, and typical closing adjustments incurred, is less than the value of the parks levy calculated upon the submission of an application for the first above-grade building permit for the first residential building, 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 first residential building; 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 remaining shortfall of 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 for the first residential building. 8. City Council direct that before introducing the necessary Bills to City Council for enactment, the applicant be required to: a. Withdraw its appeal of the Renew Sheppard East Secondary Plan (OPA 777) (By-law 1437-2024) to the Ontario Land Tribunal (OLT Case OLT-000068).