TABLE OF CONTENTS
REPORTS OF THE STANDING COMMITTEES
AND OTHER COMMITTEES
As Considered by
The Council of the City of Toronto
on May 11 and 12, 1999
EAST YORK COMMUNITY COUNCIL
REPORT No. 4
1 Public Meeting Held in Accordance with the Planning Act with respect to a Proposed Plan of Subdivision
submitted by Toronto Biltmore Developments Limited regarding 1590 O'Connor Drive
City of Toronto
REPORT No. 4
OF THE EAST YORK COMMUNITY COUNCIL
(from its meeting on April 20, 1999,
submitted by Councillor Michael Prue, Chair)
As Considered by
The Council of the City of Toronto
on May 11 and 12, 1999
1
Public Meeting Held in Accordance with the Planning Act
with respect to a Proposed Plan of Subdivision
submitted by Toronto Biltmore Developments Limited
regarding 1590 O'Connor Drive
(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)
The East York Community Council, based on the findings of fact and conclusions, reports having amended the
report (February 15, 1999) from the Director, Community Planning, East District, by:
(1) striking out Condition of Approval No. 2(a) and inserting in lieu thereof the following:
"ensuring that all streets and lanes included within the Draft Plan are named to the satisfaction of the City. The
proposed names for all streets and lanes included within the Draft Plan shall be submitted to the East York
Community Council to allow for public consultation and recommendation to City Council. The street and lane
names submitted by the owner should reflect the people, events, and history of the East York Community. The
subdivision agreement shall contain appropriate provisions to ensure that this is done prior to the registration of the
Plan of Subdivision; and"; and
(2) striking out Condition of Approval No. 17(d) and inserting in lieu thereof the following:
"and appropriate lighting, fencing (including a six foot high fence as contemplated in the agreement between
Toronto Biltmore Developments Limited (The Goldman Group) and Dominion Regalia Limited), vegetative
screening and landscaping;";
and recommends adoption of the report as so amended.
The East York Community Council reports having held a statutory public meeting on April 20, 1999, in accordance with
Section 34 of the Planning Act, and appropriate notice of this meeting was given in accordance with the Planning Act and
the regulations thereunder.
The East York Community Council also reports having endorsed an agreement between Toronto Biltmore Developments
Limited (The Goldman Group) and Dominion Regalia Limited, with respect to a six foot high fence on the property line
between the properties owned by Toronto Biltmore Developments Limited and Dominion Regalia Limited as outlined in the
communication (April 16, 1999) from the General Manager, Dominion Regalia Limited.
The East York Community Council submits the following report (February 15, 1999) from the Director, Community
Planning - East District:
Purpose:
This report concerns a 2.25 hectare (5.6 ac.) property located at 1590 O'Connor Drive. Its purpose is to recommend
approval of a 13 block draft plan of subdivision submitted by Toronto Biltmore Developments Limited, and proposed to be
developed with up to 55 townhouse dwellings, a minimum of 8 semi-detached dwellings, up to 31 main street
residential-commercial buildings, and a 1,125 m2 corner parkette.
Financial Implications:
Costs associated with this development will be borne by the developer.
Recommendation:
It is recommended that City Council approve the Draft Plan of Subdivision 55T98701 prepared by Schaeffer and Dzaldow
Limited, and dated November 23, 1998 on the lands described as Part of Block D, Registered Plan 3683 City of Toronto
(Formerly Borough of East York subject to the incorporation of the red-line revisions shown in the attached draft plan of
subdivision and described in the following clauses (a), (b), (c) and (d):
(a) the adjustment of the limits of block 13 to increase its area from 1,110 m2 to 1,125 m2 to reflect the standard set out in
the implementing zoning by-law;
(b) the adjustment of the statistical information on the face of the Draft Plan to factor in the change made to the size of the
park and to ensure By-law compliance;
(c) deletion of Block 12 and inclusion of this land as part of the laneway right of way; and,
(d) creation of a new Block 12 along the side of Block 1;
subject to the following conditions:
(1) The owner shall agree that:
(a) all streets and lanes included within the Draft Plan shall be dedicated as public highways to the City of Toronto without
monetary consideration and free of all charges, liens and encumbrances and the dedications shall be shown as dedicated on
the final plan prior to registration; and,
(b) with the exception of 'Street 2' no vehicular access shall be permitted directly onto O'Connor Drive, or directly onto
'Street 2', at any time in the future to serve this development without the approval of the Commissioner of Works and
Emergency Services.
(2) The owner will be responsible for:
(a) ensuring that all streets and lanes included within the Draft Plan are named to the satisfaction of the City. The
subdivision agreement shall contain appropriate provisions to ensure that street and lane names are specifically approved by
the City, and that this is done prior to the registration of the Plan of Subdivision; and
(b) ensuring that all traffic and street name signage within the Lands is provided and installed to the satisfaction of the City.
A detailed traffic signage plan and pavement marking will be required at the time of Engineering submissions.
(3) The owner shall ensure that all public highways, lanes and curb radii are designed and constructed in accordance with
the City's specifications and with the Ontario Provincial Standards for road and intersection design, turning circles,
day-lighting triangles, and 0.3 metre (1.0 ft.) reserves;
(4) The owner shall agree in the subdivision agreement that all portions of the public highways, which are not paved, and
all drainage swales on public or private property shall be graded and sodded to the satisfaction of the City.
(5) Prior to final approval of the draft plan of subdivision or any portion thereof, the owner shall enter into one or more
servicing, subdivision or development agreements with the City in order to satisfy the financial, servicing and other
requirements of the City, including the construction and installation of municipal services on or off site (including inter alia,
roads, curbs, gutters, sidewalks, landscaping, watermains, sanitary sewers, storm sewers, street lights, street name and
regulatory traffic signs to accommodate the development), payment of all costs incurred by the City in the approval of the
plan of subdivision, preparation and registration of the agreement on title and completion of all conveyancing in connection
therewith, and the incorporation of the conditions of draft plan approval.
(6) The owner shall be required to pay all costs for the servicing of the Lands. The Lands shall be serviced from both
Northline Road and O'Connor Drive to the satisfaction of the City.
(7) The owner shall agree in the subdivision agreement to construct the underground and above ground municipal services
in accordance with the latest Ontario Provincial Standards and/or City's standards, and shall be required to enter into a
Servicing Agreement with the City for the construction of all municipal services associated with the plan.
(8) The owner shall provide the City with a comprehensive insurance coverage, and with a financial guarantee by way of an
irrevocable letter of credit, for the installation and maintenance of all works required to be constructed by or on behalf of the
owner, in the amount and on such terms as are satisfactory to the City.
(9) The plan of subdivision or any portion thereof shall not be given final approval for registration until such time as storm
and sanitary sewer outlets, water distribution systems, and site access via local and collector road systems are available or
other arrangements satisfactory to the City have been made.
(10) The owner shall obtain the City's and/or the Ministry of Environment (MOE) certificates of approval for the
installation of watermains, sanitary sewage works, and storm sewage works.
(11) The owner shall agree in the subdivision agreement:
(a) to be responsible for the proper drainage within the lands encompassed within the plan of subdivision and for the effect
of such drainage on all lands abutting the draft plan;
(b) that all lot and block grading plans shall be prepared by the engineer for the owner in accordance with the City's design
specifications and/or standards and shall be submitted to the City for approval and that individual lot grading plans for each
lot on the plan are to be provided prior to the issuance of any required building permits;
(c) to develop the lands within the plan of subdivision in accordance with the approved grading plans and individual lot
grading plans; and,
(d) that the overall lot and/or block grading plans and the individual lot grading plans are to reflect minimal grade changes
in areas of any trees that may be required to be retained.
(12) The owner shall agree in the subdivision agreement to provide, prior to final approval of the plan of subdivision or any
other portion thereof, a detailed engineering and drainage report completed to the satisfaction of the City describing and/or
showing the following:
(a) the selection of the best Stormwater Management Practices, in particular source controls to be implemented within and
external to the plan;
(b) the stormwater management techniques which will be required to address water quantity and water quality;
(c) plans illustrating how the drainage system will tie into the surrounding drainage system, and the design capacity of the
receiving system;
(d) the location and description of all outlets and other facilities which may require permits under Provincial regulations;
(e) the storm water management techniques which will be required to minimize the amount of stormwater directed into the
applicable watercourse or detention facility (on or off site); and,
(f) overall grading plans for the lands within the draft plan;
(13) The owner shall agree in the subdivision agreement to provide the City with computer generated (CAD) drawings of
the plan of subdivision and of all reference plans. These plans shall be tied to horizontal control at maximum of three
locations at the extreme corner of the plan. As built engineering drawings are to be provided in a digital exchange format
(DXF) compatible with the City's computer system.
(14) The owner shall pay the cost of supplying and installing horizontal and vertical control and certification for the Lands
by an Ontario Land Surveyor as part of the City's survey monumentation program.
(15) Prior to final registration of the Draft Plan, the owner shall convey to the City, without monetary consideration and free
and clear of all liens, charges and encumbrances, Block 13 as shown on the red lined Draft Plan for parkland purposes. In
addition the owner shall be required to make a cash in lieu of parkland payment, to the satisfaction of the City in accordance
with former Borough of East York By-law No. 85-93, as amended using 1 hectares per 300 units as the alternative
dedication rate in the formula set out in Schedule 'A' thereto. This money shall be used for the park improvement referred to
in Condition 18 below. Any excess proceeds shall be paid to the City.
(16) The owner shall make such park improvements to Block 13 as may be required by the City, at the owner's expense and
to the satisfaction of the Commissioner of Economic Development, Culture and Tourism. The owner shall submit, prior to
the final registration of the Draft Plan, for the approval of the Commissioner of Economic Development, Culture and
Tourism a park improvement plan and shall carry out all improvements of the plan within a period of one year from the date
of registration of the Draft Plan. The park improvement plan shall become a schedule to the subdivision agreement.
(17) The owner shall ensure that the park shall be designed in a visually attractive manner capable of serving as a focal
point of the development and that at minimum it shall include the following improvements:
(a) a walkway connection to O'Connor Drive;
(b) a seating area;
(c) junior playground equipment; and
(d) appropriate lighting, fencing, vegetative screening and landscaping;
all to the satisfaction of the Commissioner of Economic Development, Culture and Tourism.
(18) The owner shall grant to the City or other appropriate authority, without monetary consideration and in priority to all
charges, liens and encumbrances, access, 0.3 metre (1.0 ft.) reserves, drainage and other required servicing such easements
or conveyances in fee simple as may be required for any utility, purposes.
(19) The owner shall agree in the subdivision agreement to:
(a) make satisfactory arrangements financial and otherwise and to obtain the approvals of the appropriate utility companies
for the installation of electric, gas, cable, telephone and telecommunication services.
(b) install these services underground within the road allowances or within other appropriate easements, which easements
shall be granted by the owner to the utility company without monetary consideration and in priority to all charges, liens and
encumbrances; and
(c) prior to the execution of the servicing agreement, provide the City with written confirmation that the owner has satisfied
all these utility companies' requirements.
(20) The owner shall agree to satisfy all of the capital, servicing and other requirements, financial or otherwise, of Toronto
Hydro-Electric Commission (Toronto Hydro) related to the proposed plan of subdivision, including but not limited to:
(a) entering into a financially secured agreement with Toronto Hydro in a form satisfactory to Toronto Hydro's solicitor, at
the owner's expense;
(b) constructing such services as may be required by Toronto Hydro to service the proposed subdivision with hydro-electric
service, at the sole cost and expense of the owner, as may be required by Toronto Hydro, including the provision of
underground electrical distribution systems, street lighting and the cost of bringing the hydro plant and service to the limits
of the proposed draft plan;
(c) constructing all hydro related works and services required pursuant to this condition or in the agreement referred to
above, in accordance with the Toronto Hydro's specifications and policies and pursuant to the direction of Toronto Hydro's
Customer Facilities Design and Construction Department;
(d) granting to Toronto Hydro or the City, as directed by Toronto Hydro, any easements that may be required for Toronto
Hydro's needs related to the proposed plan of subdivision, free and clear of all liens, charges and encumbrances, at no cost
to Toronto Hydro and in a form satisfactory to Toronto Hydro's solicitor;
(e) submitting plans in an electronic form, acceptable to Toronto Hydro, for all of the works and services required by
Toronto, and requesting Toronto Hydro's estimate of cost of all such works and services;
(f) ensuring that the style of the street lighting meets with the City's approval;
(g) the location and number of duct banks, transformer pads, transformers, cabling and metres to be provided at the owners'
expense shall be determined by Toronto Hydro; and,
(h) street lights shall be installed by the owner, at the owner's expense in locations as specified by Toronto Hydro. The
owner shall submit to the City and to Toronto Hydro for their approval, a street lighting plan for the streets, and lanes which
shall comply with City and Toronto Hydro standards. Alternatively, the owner shall make arrangements with Toronto Hydro
to undertake this work and reimburse Toronto Hydro for cost of the construction of such services (at the option of
Toronto Hydro). The owner shall ensure that all of the works set out in the approved street lighting plan is carried out to the
satisfaction of the City.
(21) The owner shall provide separate utility and service connections for the units fronting on O'Connor Drive.
(22) The owner shall make satisfactory arrangements with Canada Post and the City for the provision of suitable sites for
the installation of Canada Post mailboxes, or such other arrangements as Canada Post may approve.
(23) The owner shall agree in the subdivision agreement to employ energy and water saving devices in all the homes to be
built within the plan to the satisfaction of the City.
(24) Prior to the issuance of any building permit for the proposed development, the Owner shall provide a record of site
condition as outlined in MOEE guidelines.
(25) If required by the City, soil tests shall be conducted on the Lands by an approved independent testing laboratory as may
be directed by the Chief Building Official and such laboratory shall investigate and report on the stability of the soil, and its
ability to sustain superimposed loads resulting from building and filling operations; all such tests and reports shall be made
without expense to the City and certified copies of the results thereof shall be furnished to the Chief Building Official.
(26) Prior to the registration of the plan and the construction of services and/or structures on the Lands, the owner shall
submit for the City's review and approval a soils and Geotechnical report which shall confirm the sufficiency and adequacy
of the soil to sustain the municipal services to be constructed on the Lands.
(27) The owner shall submit for the City's review and approval a noise impact assessment and shall agree in the subdivision
agreement that any recommended separation distances, noise control features/measures (including noise attenuation fences
if required) and warning clauses established through that review to be appropriate, shall be implemented.
(28) Prior to issuance of any building permits the owner shall deposit funds with the City for the review of the building
drawings and specifications by an independent qualified consultant, to ensure the conformance with MOE Noise Guidelines
and the City's requirements with respect to noise.
(29) The owner shall provide, at its own expense, such fencing, in such locations, as may be required by the City. All
fencing shall be shown on a landscape plan for the lands which plan shall be implemented by the owner, at the owners
expense within one year of the approval of the plan by the City. Any fencing on the road allowance shall be located at least
0.3 m. from the edge of the sidewalk and installed as per the requirements of the City's Fence By-law.
(30) Prior to the final registration of the draft plan of subdivision, the owner shall agree:
(a) to prepare a report, identifying any trees which are located on the lands and which are worthy of preservation, and
detailing the manner in which these trees will be protected during and after construction;
(b) to provide appropriate security satisfactory to the City, to guarantee preservation of trees; and,
(c) not to remove any trees without the specific consent of the City.
(31) The owner covenants and agrees that upon the registration of the overall final plan all diseased and dead trees upon the
Lands covered by the proposed plan of subdivision will be cut down and removed from the Land. The decision of the
Commissioner of Economic Development, Culture and Tourism shall be final as to the designation of such trees as diseased
or dead and as to the manner of disposal of diseased trees.
(32) The owner shall submit for the approval of the Commissioner of Economic Development, Culture and Tourism a
landscaping plan for the landscaping of all of the Lands and a streetscape plan for adjacent municipal lands and shall carry
out all of the approved recommendations of such plans at its own cost and expense.
(33) The owner shall sod, to the satisfaction of the Commissioner of Economic Development, Culture and Tourism all the
lands within the plan of subdivision, with the exception of those lands required for roads, sidewalks, walkways and
driveways, or where the natural ground has, in the opinion of the Commissioner of Economic Development, Culture and
Tourism remained undisturbed by construction.
(34) The owner shall agree to:
(a) upgrade the sidewalks on O'Connor Drive;
(b) remove existing curb cuts, strengthen sidewalks were they pass through entrances and provide for replacement of
sidewalk damaged by construction;
(c) construct sidewalks along both sides of Streets '1', '2','3', and '4' and along one side of Lane '2', and ensure that they are
located and built in locations and in a manner specified and approved by the City;
(d) ensure that sidewalks leading to the proposed public lanes are continuous, and that ramps are constructed for sidewalks
at any roadway or laneway intersections with O'Connor Drive and Northline Road, and for any internal intersections of
public roads;
(e) construct both on the Lands and at appropriate locations along the public sidewalk, wheelchair ramps to ensure that the
site is fully accessible to disabled persons; and,
(f) construct any new sidewalks within the Draft Plan, to a minimum width of 2.0 metres.
The above works shall be completed to the satisfaction and approval of the Commissioner of Works and Emergency
Services.
(35) The owner shall bear the cost of relocation by the City of any City facilities and/or street furniture including, but not
limited to, hydrants, catch basins, bus shelters and benches.
(36) Fire hydrants shall be provided by the owner at the end of the dead-end sections of watermain.
(37) The owner shall agree to pay for the cost of the hiring of consultants, by the City, to review the design of the
subdivision servicing and for the provision of any required inspection functions during the construction of the subdivision
servicing.
(38) All warning clauses contained in the subdivision agreement shall also be contained in Agreements of Purchase and
Sale and Leases for the applicable lots.
(39) A warning clause shall be included in the subdivision agreement advising the prospective purchasers that the lanes on
the Draft Plan will receive the lowest priority for snow ploughing and at times may not be cleared at all.
(40) The subdivision agreement shall provide that all individual lots within the registered Draft Plan shall be created by
further application for exemption from the part lot and block provisions of the Planning Act.
Background:
On October 1, 1998, Council approved Official Plan and Zoning By-law amendments permitting the development of this
site with a 94 unit project comprised of a mix of townhouse and semi-detached dwellings, main street
commercial-residential buildings located along the site's O'Connor Drive frontage and a corner parkette. The "Red Lined
Draft Plan of Subdivision" conforms to Council approved Official Plan and Zoning By-law amendments. These have since
been referred to the Ontario Municipal Board for adjudication. As of the writing of this report the Board has not scheduled a
hearing.
Additional relevant information detailing the project statistics, planning framework, and issues relevant to the applications'
approval is contained in Clause No. 10 of Report No. 13 of the East York Community Council which was adopted by
Council on October 1, and 2, 1998.
Comments:
The completion of the project will require approval of applications for site plan approval and for the lifting of part lot
control. Staff have had preliminary discussions with the developer regarding the former application and we have been told
that it will be submitted in early March 1999.
The exemption from part lot control is required because the proposed subdivision (see the attached draft plan of
subdivision) consists of 13 blocks of land and does not delineate the individual lots to be created. Thus the owner will have
to further subdivide each block by applying to lift part lot control under the Planning Act, sometime in the future. This is a
common form of lot division for the development of freehold townhousing. The application to lift part lot control is
generally made after the project has been constructed. This ensures that the lot lines of each individual lot correspond with
common party walls and eliminates the need for later boundary adjustment via Committee of Adjustment variance
applications. The lot sizes (frontage, depth) are regulated in the previously enacted Site Specific Zoning By-law No.
848-1998.
The proposed draft plan of subdivision includes a 1,125 m2 block offered by the owner for dedication to the City as
parkland. The municipality has an option to accept either land for parks purposes or cash in lieu of the parkland dedication
at the rate of 1 hectare per 300 units instead of 5 percent. In this instance, at the request of the owner, the Economic
Development, Culture and Tourism Department has indicated a willingness to support the dedication of Block 13 shown on
the draft plan of subdivision for the creation of a parkette. They did this on condition that the owner contributes to the
parkette's improvement. This will be accomplished by applying the formula in By-law No. 85-93 to calculate the
cash-in-lieu payment representing the balance of the dedication.
The application was circulated to the requisite commenting agencies and departments for review. The comments received
have been incorporated as conditions of approval on pages 1 to 10 inclusive.
As per the requirements of the Planning Act, this application has to be presented to the public at a public meeting under the
Planning Act. It has been set for April 20, 1999. Notice of the public meeting was mailed out to all land holders within a
120 metre radius and to all interested parties on file with the City Clerk.
Conclusion:
Staff recommend that Council approve the proposed revisions to the draft plan and conditions of draft plan approval as
outlined in the report.
Contact Name:
Jean Besz,
Senior Planner East York District Office
(416) 397-4647-tel no.
(416) 397-4582-fax
planning@borough.eastyork.on.ca
Insert Table/Map No. 1
Location Map for 1590 O'Connor Drive
Insert Table/Map No. 2
Location Map for Part of Block B
Registered Plan 3281
The East York Community Council also submits the following communication (March 25, 1999) from A.W. Boothe,
Chairman and C.E.O., Dominion Regalia Limited, East York:
Further to your review of the plans for project registered plan 3683 at 1590 O'Connor Drive and subsequent phone call to
Jean Besz, we want to register our concerns with respect to the proposal.
Our worry is with respect to our fence which was put up between the two properties on the property line. We want to ensure
that our fence remains as is or if the developer wants to recommend that he puts up an alternate fence that we are in full
agreement on it in every respect (viz style and type).
Many thanks for your attention to our concern along with any and all follow-up information with respect to the
development.
The East York Community Council also submits the following communication (April 16, 1999) from Mr. W.
Drysdale, General Manager, Dominion Regalia Limited, East York:
Geoff Boothe, our President, and I today met with Cynthia Murphy of The Goldman Group regarding the proposed
development next to our property.
It was agreed that a six foot high fence would be in place the full length of our common perimeter. Our current fence is six
feet and could be left but I expect a new fence may be required under regulation. Our current fence also has barbed wire
facing into the development property which should be removed.
All costs to the account of Goldman Group.
Based on their agreement on the fence; we have no other issue and will not attend next week's meeting.
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The following persons appeared before the East York Community Council in support of the proposed development:
- Mr. Nick Tsiaras, East York; and
- Mr. Norm Smith, East York.
Respectfully submitted,
MICHAEL PRUE
Chair
Tuesday, April 20, 1999
(Report No. 4 of The East York Community Council was adopted, without amendment, by City Council on May 11 and 12,
1999.)
