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YORK COMMUNITY COUNCIL

A G E N D A

Date of Meeting:Tuesday, June 22, 1999Enquiry: Glenda Jagai

Committee Administrator

Time:9:30 a.m. Tel: 394-2516

Location:Council Chamber, 2nd Floor

York Civic Centre

2700 Eglinton Avenue West, Toronto

DECLARATION OF INTEREST PURSUANT TO

THE MUNICIPAL CONFLICT OF INTEREST ACT.

CONFIRMATION OF MINUTES.

Minutes of the York Community Council meeting held on May 26, 1999

COMMUNICATIONS/REPORTS.

1.COUNCILLOR APPOINTMENTS TO LOCAL SPECIAL PURPOSE BODIES

City Clerk

(June 1, 1999)

Advising of Council's process to implement Council's process for appointing Members of Council to local special purpose bodies, and to regularize the terms of Councillors appointed to local business improvement areas as set out in the Municipal Act; and recommending that the York Community Council:

(1)give consideration to Members' preferences outlined in Schedule 1, and recommend to City Council the appointment of Members of Council to those special purpose bodies outlined in such Schedule for a term of office expiring November 30, 2000, and until their successors are appointed, unless indicated otherwise;

(2)recommend to City Council that the Councillors previously appointed by City Council to the business improvement areas outlined in Schedule 2 remain in office until November 30, 2000, and until their successors are appointed, in accordance with the provisions of the Municipal Act; and

(3)also recommend to City Council that leave be granted for the introduction of any necessary Bills in Council to give effect thereto.

2.FREQUENCY OF GRASS CUTTING, MAINTENANCE AND LANDSCAPING FOR FLOWERBEDS

Ward 27, York Humber and Ward 28, York Eglinton.

Commissioner of Economic Development, Culture & Tourism

(June 4, 1999)

Responding to a request from the York Community Council for more detailed information regarding (a) grass cutting, maintenance and scheduling and (b) for consideration to other locations other than the York Civic Centre with respect to improvements to the level of landscaping for flowerbeds located in the community; advising that with respect to:

(a)Grass Cutting, Maintenance and Scheduling, staff from the Parks Division are sent out in three crews to work north of Eglinton Avenue West and south of Eglinton Avenue West in Ward 27, and east of Caledonia Road in Ward 28; that staff are currently working a 10-day cutting cycle that allows them to work from park to park throughout their area using a consistent rotation that relates to the schedule of locations attached to this report; that in addition, there is a cutting crew that is responsible for boulevards within Wards 27 and 28 which allows for a two-week cutting cycle on high profile areas such as major street sad corners and a four-week cutting schedule in other areas; that the Parks Division is also responsible for cutting police stations on the same rotation as community parks; that the schedule is adjusted for unforeseen circumstances such as breakdowns of equipment, heavy rains or staff absenteeism; and

(b)Parks Garden Planting Area, the staff in the Horticultural/Maintenance sections of the Parks Divisions have begun to plant the flower beds at the York Civic Centre; annuals have been grown by City staff, however at the end of the season (Fall '99) staff will remove the annuals and plant certain gardens at the York Civic Centre with perennials; that the number of flower beds planted each year will be reduced; advising of new locations for planting this summer; and

recommending that the report be received.

3.INSTALLATION OF LITTER RECEPTACLES

Ward 28, York Eglinton.

Commissioner of Economic Development, Culture & Tourism

(June 4, 1999)

Responding to a request from the York Community Council for a resolution to a situation in Ward 28, regarding complaints with respect to the infrequency of emptying litter receptacles; advising that new litter receptacles were purchased as part of the streetscape program and installed by the Parks Department that are designed to accommodate a removable liner to empty litter; that since the lids of these receptacles are not locked, the liners were continuously disappearing and residents were dumping household waste in the containers filling them with refuse which was not removed for health and safety reasons by crews collecting garbage from the Works and Emergency Services Department; and recommending the following which will eliminate the theft of the liners and the problem of collecting litter:

(1)that Parks staff purchase liners for the litter receptacles that are missing and provide additional replacement liners to Ken Boyd, Works & Emergency Services, Castlefield Yard;

(2)that Parks staff provide locks on each of the litter receptacles and provide keys for staff in the Works Department who remove litter from these receptacles according to their schedule; and

(3)that Works & Emergency Services be responsible for the ongoing maintenance of these cans which includes the purchase of any additional liners required.

4.564-566 ROGERS ROAD - CASH PAYMENT-IN-LIEU OF PARKING

Ward 27, York Humber.

Director, Transportation Services, District 1

(June 8, 1999)

Advising that Grewal General Contractors Ltd. have submitted an application for cash payment-in-lieu of providing four (4) of the eight (8) parking spaces required under the provisions of the Zoning By-law, for a proposed mixed-use commercial-residential development at 564-566 Rogers Road; that there are no boulevard parking spaces available to rent adjoining these premises, but that there is on-street metered parking on both the north and south sides of Rogers Road between Keele Street and Old Weston Road for a maximum duration of one hour; that it does not appear feasible to provide additional parking on the site; and recommending that the application by Grewal General Contractors for four (4) parking spaces be approved.

5.CASH PAYMENT-IN-LIEU OF PARKING RELATED

TO DEVELOPMENT APPLICATIONS

Ward 27, York Humber and Ward 28, York Eglinton.

Director, Transportation Services, District 1

(June 7, 1999)

Responding to a request from the York Community Council on the policies of other area municipalities compared with the policy of the former City of York regarding cash payment-in-lieu of parking, and on what action can be taken on an interim basis to provide relief for new business owners in Wards 27 and 28, with the exception of licensed establishments; forwarding a copy of Clause No. 4 of Report No. 12 of the Urban Environment and Development Committee, adopted as amended by Council on October 28, 19 and 30, 1999, containing a report (September 10, 1998) from the Commissioner of Works and Emergency Services and the Commissioner of Urban Planning and Development Services, which provided a summary of the current policies and procedures in the former municipalities; advising that compared with other areas, York's charges are in line with other former municipalities; that given the direction of City Council with respect to cash payment-in-lieu practices and the current efforts by staff to develop consolidated policies and practices for the new City, including the development of a uniform fee structure, it is not appropriate at this time to provide relief for new business owners in Wards 27 and 28 on an interim basis; and recommending that the report be received for information.

6.REQUEST FOR EXEMPTION FROM YORK NOISE CONTROL BY-LAW NO. 3453-79 ST. MATTHEW'S CHURCH,

706 OLD WESTON ROAD - Ward 27, York Humber.

Manager, West District, Municipal Licensing & Standards Division

(June 9, 1999)

Advising that the former City of York Noise Control By-law No. 3453-79 prohibits the emission of amplified sound from electronic devices incorporating one or more loudspeakers if the noise is audible in residential areas on any day after 5:00 p.m., also providing that Council may grant exemptions from the provisions of this by-law; that the church is requesting the exemption for two concerts involving a marching band and a pop music group; that the two religious festivals attract a large number of parishioners and are held in the St. Matthew's schoolyard directly to the rear of the church; that the exemption would only be in effect to 12:00 a.m. midnight; that given that there have been no reported problems associated with festivals held in previous years, the event is unlikely to have any adverse impact on the surrounding community; and recommending that an exemption from the provisions of Noise Control By-law No. 3453-79 be granted for the following dates and times:

Saturday, June 26, 1999From 6:00 p.m. to 12:00 a.m.

Friday, September 3, 1999From 8:00 p.m. to 12:00 a.m.

Saturday, September 4, 1999From 8:00 p.m. to 12:00 a.m.

Sunday, September 5, 1999From 8:00 p.m. to 12:00 a.m.

Monday, September 6, 1999From 8:00 p.m. to 12:00 a.m.

7.COMMUNITY FESTIVAL EVENT - ST. MATTHEW'S CHURCH ANNUAL FESTIVAL OF OUR LADY OF LIGHT.

Ward 27, York Humber.

Councillor B. Saundercook

(June 9, 1999)

Forwarding a communication (April 12, 1999) from Rev. Santo Cigolini, C.S. Pastor, St.Matthew's Church, advising that the church has applied for permission to use the school playground for its annual festival of Our Lady of Light on September 3 to 6, 1999; and requesting that the festival be declared a community event.

8.APPOINTMENT OF MEMBERS TO THE RIVERBOAT LANDING

WORKING GROUP - Ward 27, York Humber.

Director, Community Planning, West District

(June 10, 1999)

Providing information on applications received for representation on the Riverboat Landing Working Group, to enable the Community Council to appoint members; and recommending that the following persons be appointed to the Riverboat Landing Working Group:

(1)Lorne S. Berg and Fred Caines, as the two local commercial/industrial representatives;

(2)Marjorie Sutton, as the Mount Dennis Community Association Representative;

(3)Rob Draper and designate, as the Weston Ratepayers and Residents Association Representative; and

(4)Ella Jackson, A.D. Jackson and Sandra Richardson, as the three local resident representatives.

9.NEW DEVELOPMENT APPLICATIONS RECEIVED

Ward 27, York Humber and Ward 28, York Eglinton.

Director, Community Planning, West District

(June 4, 1999)

Providing information on the following new development applications; and recommending that the report be received:

1.OFFICIAL PLAN AMENDMENT (Ward 27, York Humber)

File No.:099-001Date received: May 21, 1999Planner: P. Zuliani

Applicant:Rutledge Development Corporation

Owner:Downtown York Developments Inc.

PropertyAddress:Southwest Corner of Eglinton Ave. W. and Black Creek Drive

Proposal:To amend Section 21.8 of the Official Plan relating to the York City Centre Area to permit a development consisting of retail uses without a residential component

Approval Process:Community Council

2.OFFICIAL PLAN AMENDMENT AND REZONING (Ward 27, York Humber)

File No.: OR99-001Date Received: May 20, 1999Planner: W. Johncox Applicant:Alex Talwood

Owner:B.G. Schickedanz.Central Inc.

Property Address:1400 Weston Road

Proposal:To reallocate unit densities on the site, allow for a mix residential and commercial development on Block 2 and increase height by two-storeys on the permitted high rise residential development Block 4 so as to realize the permitted a development of up to 2150 residential units and up to 18,600 m2 of commercial space.

Approval Process:Community Council

3.ZONING BY-LAW AMENDMENT (Ward 28, York Eglinton)

File No.: R99-003Date Received: May 26,1999Planner: P. Stellato

Applicant:Joseph Kang

Owner:Domi Construction Co. Ltd.

Property Address:460 Gilbert Avenue

Proposal:Two pairs of three storey semi-detached dwellings

Approval Process:Community Council

4.APPLICATION:SITE PLAN APPROVAL (Ward 27, York Humber)

File No.: SPA99-005Date Received: May 31, 1999Planner: P. Stellato

Applicant:Ralph Griffo

Owner:1341634 Ontario Limited

Property Address:249 Scarlett Road

Proposal:Proposed eight, three-storey freehold townhouses

Approval Process:Delegated to Director of Community Planning

File No.: SPA99-006Date Received: June 1, 1999Planner: W. Johncox

Applicant:Northgrave Architect Inc.

Owner:Harold and Grace Baker Centre

Property Address:1 Northwestern Avenue

Proposal:Addition of dining room to existing Nursing Home

Approval Process:Delegated to Director of Community Planning

10.REQUEST FOR CONSTRUCTION OF BUS BAYS ON

LAVENDER ROAD FOR ST. MATTHEW CATHOLIC SCHOOL

Ward 27, York Humber.

Councillor B. Saundercook

(June 9, 1999)

Forwarding correspondence from the St. Matthew Catholic School and Works and Emergency Staff, regarding the traffic congestion on Lavender Road and the request for the construction of bus bays.

11.CAPITAL BUDGET PLANNING IN PARKS AND RECREATION

FOR 2000 AND BEYOND - Ward 28, York Humber.

Councillor J. Mihevc

(June 1, 1999)

Advising that the draft report on Recreation Needs Assessment and Feasibility Study for the York Area is continuing; that there are concerns that the report will eventually deal with one or two larger facilities, omitting some smaller Parks and Recreation projects that also need attention; and requesting that staff examine the merits of the following projects, including a capital budget-financing plan for each, and report back to the York Community Council prior to submissions by staff to the Budget Committee:

(1)an outdoor artificial rink attached either to the Phil White Arena or Humewood Community School;

(2)outdoor water play areas in Cedarvale Park and Bert Robinson Park;

(3)covered tennis courts at Cedarvale Park;

(4)a gymnasium on the second floor of the new bocce courts at Fairbank Park;

(5)an indoor public swimming centre at Fairbank pool;

(6)a co-venture with the school boards regarding the improvement of playground equipment at St. John Bosco, St. Nicholas, St. Alphonsus and Rawlinson school;

(7)new playground equipment at Humewood Park; and

(8)opening up of Graham Parking by purchasing a few nearby homes.

12.180 SCHELL AVENUE - POSSIBLE DAMAGE TO BASEMENT FLOOR

BY ROOTS FROM A CITY-OWNED TREE

Ward 28, York Eglinton.

Councillor J. Mihevc

(May 17, 1999)

Advising that his office has been contacted by Mr. Ernesto Abate of 180 Schell regarding damage to his basement floor from roots belonging to a City tree; that staff have already visited the property; and requesting that the City undertake an independent study of this situation to determine responsibility for the damage and report back to the Community Council.

13.REQUEST FOR TRAFFIC COUNT ON MENIN ROAD

Ward 28, York Eglinton.

Councillor J. Mihevc

(May 14, 1999)

Advising that residents have complained that the volume of traffic has increased on Menin Road since the installation of the parking meters have been reinstated on Eglinton Avenue West; and requesting that staff conduct a traffic count on Menin Road in order to address this problem.

14.PROPERTY AT 213 AVA ROAD - Ward 28, York Eglinton.

Councillor J. Mihevc

(May 12, 1999)

Advising that Ms. Elsa Willebronds, the owner of the property at 213 Ava Road, which borders the entrance of Cedarvale Park is requesting the erection of a 6-foot privacy fence; and the removal of tree stumps from City trees which were recently cut down; and requesting that appropriate staff attend to these matters as soon as possible.

15.REQUEST FOR POLL TO RESCIND ALTERNATE SIDE PARKING

ON BEECHWOOD AVENUE - Ward 27, York Humber.

Councillor F. Nunziata

(May 26, 1999)

Requesting that a poll of the residents on Beechwood Avenue be undertaken, and forwarding copy of a report (May 10, 1999) from Transportation Services Division, in response to a request to review the feasibility of rescinding alternate side parking and reinstating exclusive on-street parking on the east side of Beechwood Avenue, advising that a review indicates that there would be no benefit in terms of available parking spaces with this proposal; that there is an equal complement of 16 curbside parking spaces available on the east and west sides of Beechwood Avenue between Lambton Avenue and Outlook Avenue respectively; that maintaining the existing alternate side parking regulations on Beechwood Avenue between Lambton and Outlook Avenues benefits all the reasidents from a City street maintenance perspective; but that the final decision to reverse and reinstate exclusive on-street parking on the east side of Beechwood Avenue would be subject to a poll revealing the majority of municipally addressed property owners support this traffic management change.

16.REQUEST FOR PEDESTRIAN CROSSWALK AND BUS SHELTER

ON WESTON ROAD, NEAR DORA SPENCER ROAD

Ward 27, York Humber.

Councillor F. Nunziata

(May 14, 1999)

Forwarding a communication (May 7, 1999) from Our Lady of Victory Place Seniors Residence, advising that seniors are at risk in crossing Weston Road and requesting the installation of a pedestrian crossover; and also that many of the residents use the TTC service, there are new homes in the area, two towers and a school are being built, and requesting that a bus shelter be installed on the east and west sides of Weston Road near Dora Spencer Road.

7:00 P.M. - 4 PLANNING ACT PUBLIC MEETINGS

17.424 GILBERT AVENUE, TWIN PEAK CONSTRUCTION LTD.

ZONING BY-LAW AMENDMENT APPLICATION -

Ward 28, York Eglinton.

Director, Community Planning, West District

(June 3, 1999)

Regarding a proposal by Twin Peaks Construction Ltd. to amend Zoning By-law No. 1-83 with respect to the property located on the west side of Gilbert Avenue south of Eglinton Avenue, municipally known as 424Gilbert Avenue, from PE-Prestige Employment Zone to R2-Residential Zone to permit the development of three pairs of three storey semi-detached dwellings; providing information on the Description of the Site and Surrounding Uses, the Proposal, comments on the Official Plan and Zoning By-law, the Land Use and Site Design Considerations, comments from Agencies and Departments and on Environmental Matters, on the concerns expressed at the Community Meeting, further Planning Approvals and Agreements; and concluding that the Department has evaluated the application within the context of the policies of the Official Plan and is of the opinion that the proposed use is appropriate; the subject property is designated Prestige Employment and the proposed rezoning generally complies with the criteria set out in Section 12.8 of the Official Plan for the introduction of residential uses in Employment designations; that notwithstanding the project's general compliance with the Official Plan criteria, the rezoning of these lands and of the lands at 450Gilbert Avenue would leave a remaining industrial parcel (Caranci Grape Juice) within a predominantly residential area; that if the separation and acceptable environmental mitigation measures are incorporated the potential land use conflicts between the existing industrial use and residential development will be minimized; that the application be approved, subject to fulfillment of the following:

Conditions to Approval:

1.A Public Meeting to obtain the views of interested parties.

2.Prior to the introduction of the draft Zoning By-law attached as Schedule 1 to City Council for enactment, the applicant's noise consultant shall submit a revised Noise Impact Study and recommendations in order to address noise concerns from the Caranci Grape lands to the satisfaction of City staff.

3.A site-specific amending by-law satisfactory to the City Solicitor and in accordance with the draft Zoning By-law attached as Schedule 1, shall be recommended for approval. The draft Zoning By-law provides for the rezoning of the site from PE-Prestige Employment to R2-Residential Zone and will provide for the submission of a Record of Site Condition confirming that the suitable use of the land as set out in the Record is consistent with the use for which the building permit(s) has been requested. The By-law will further make provision for lot frontage, unit width, lot area, floor space index, building height, setbacks, coverage, parking, landscaping, fencing and maximum number of units.

4.Further detailed consideration of the proposal under Site Plan Control to include inter alia:

(i)Signing of a Site Control Agreement, which may include the provision of warning clauses in all Purchase and Sale and/or Lease Agreements, advising of industrial land uses in the area, and payment of necessary fees associated with the preparation, execution and registration of same, to the satisfaction of City staff and City Solicitor.

(ii)Submission of site and landscaping plans detailing fencing, curbing, grading, retaining walls, street trees, planting, noise attenuation features, to the satisfaction of City staff, and posting of an appropriate financial guarantee to ensure compliance with the approved plans.

(iii)Provision of on-site services including a stormwater management facility and the submission of a grading plan, the signing of agreements, and the posting of financial guarantees, if required by the Works and Emergency Services.

(iv)The developer to pay the prevailing development charges in effect at the time of issuance of building permits and five percent cash in lieu of parkland dedication.

and recommending that:

(1)the application by Twins Peak Construction Ltd. be approved and York Zoning By-law No. 1-83 be amended in accordance with the draft Zoning By-law attached as Schedule 1 to this report, subject to a Public Meeting to obtain the views of interested parties; and

(2)prior to the introduction of the draft Zoning By-law attached as Schedule 1 to City Council for enactment, the applicant's noise consultant submit a revised Noise Impact Study and recommendations in order to address noise concerns from the Caranci Grape lands to the satisfaction of City staff.

18.450 GILBERT AVENUE - ZONING BY-LAW AMENDMENT

APPLICATION - Ward 28, York Humber.

Director, Community Planning, West District

(June 1, 1999)

Regarding a proposal by 1289643 Ontario Ltd. to amend Zoning By-law No. 1-83 with respect to the property located on the west side of Gilbert Avenue south of Eglinton Avenue, municipally known as 450 Gilbert Avenue, from PE-Prestige Employment Zone to R2-Residential Zone to permit the development of five pairs of three storey semi-detached dwellings; and providing information on providing information on the Description of the Site and Surrounding Uses, the Proposal, comments on the Official Plan and Zoning By-law, the Land Use and Site Design Considerations, comments from Agencies and Departments and on Environmental Matters, on the concerns expressed at the Community Meeting, further Planning Approvals and Agreements; and concluding that the Department has evaluated the application within the context of the policies of the Official Plan and is of the opinion that the proposed use is appropriate; the subject property is designated Prestige Employment and the proposed rezoning generally complies with the criteria set out in Section 12.8 of the Official Plan for the introduction of residential uses in Employment designations; that notwithstanding the project's general compliance with the Official Plan criteria, the rezoning of these lands and of the lands at 424 Gilbert Avenue would leave a remaining industrial parcel (Caranci Grape Juice) within a predominantly residential area. If the separation and acceptable environmental mitigation measures are incorporated, the potential land use conflicts between the existing industrial use and residential development will be minimized; that the application be approved subject to fulfillment of the following:

Conditions to Approval:

1.A Public Meeting to obtain the views of interested parties.

2.Fulfilment of the following conditions by the applicant prior to the enactment of an amending by-law attached as Schedule 1:

(i)the applicant advise which alternative mitigation measure will be utilized;

(ii)if the applicant chooses to make arrangements with the abutting owners of Caranci Grape to address noise impact, confirmation be provided that an agreement has been executed between the two parties involved, with disclosure of the works that are to take place on the Caranci lands, and confirmation be provided from the applicant's consultant that the noise impact has been satisfactorily mitigated in accordance with his report; and

(iii)confirmation from Professional Services Division of the Works and Emergency Services Department that the proposal is satisfactory.

3.A site-specific amending by-law satisfactory to the City Solicitor and in accordance with the draft Zoning By-law attached as Schedule 1, shall be recommended for approval. The draft Zoning By-law provides for the rezoning of the site from PE-Prestige Employment to R2-Residential Zone and will provide for the submission of a Record of Site Condition confirming that the suitable use of the land as set out in the Record is consistent with the use for which the building permit(s) has been requested. The By-law will further make provision for lot frontage, unit width, lot area, floor space index, building height, setbacks, coverage, parking, landscaping, fencing and maximum number of units.

4.Further detailed consideration of the proposal under Site Plan Control to include inter alia:

(i)Signing of a Site Control Agreement, which may include the provision of warning clauses in all Purchase and Sale and/or Lease Agreements, advising of industrial land uses in the area, and payment of necessary fees associated with the preparation, execution and registration of same, to the satisfaction of City staff and City Solicitor.

(ii)Submission of site and landscaping plans detailing fencing, curbing, grading, retaining walls, street trees, planting, noise attenuation features, to the satisfaction of City staff, and posting of an appropriate financial guarantee to ensure compliance with the approved plans.

(iii)Provision of on-site services including a stormwater management plan and the submission of a grading plan, the signing of agreements, and the posting of financial guarantees, if required by the Works and Emergency Services.

(iv)The developer to pay the prevailing development charges in effect at the time of issuance of building permits and five percent cash in lieu of parkland dedication.

and recommending that:

(1)the application by 1289643 Ontario Limited be approved and York Zoning By-law No. 1-83 be amended in accordance with the draft Zoning By-law attached as Schedule 1 to this report, subject to a Public Meeting to obtain the views of interested parties;

(2)prior to the introduction of the draft Zoning By-law attached as Schedule 1 to City Council for enactment:

(i)the applicant advise which noise mitigation measure will be utilized;

(ii)if the applicant chooses to make arrangements with the abutting owners of Caranci Grape to address noise impact, confirmation be provided that an agreement has been executed between the two parties involved, with disclosure of the works that are to take place on the Caranci lands, and confirmation be provided from the applicant's consultant that the noise impact has been satisfactorily mitigated in accordance with his report; and

(iii)Confirmation from Professional Services Division of the Works and Emergency Services Department that the proposal is satisfactory.

19.LANDS ON THE WEST SIDE OF WESTON ROAD BETWEEN

BUTTONWOOD AVENUE AND DORA SPENCER ROAD -

ZONING BY-LAW AMENDMENT APPLICATION

Ward 27, York Humber.

Director, Community Planning, West District

(June 3, 1999)

Regarding a proposal by R. Kowalczyk for B.G. Schickendanz Central Inc. to amend Zoning By-law No. 1-83 to change the zoning from R3-Residential Zone to LCR-Local Commercial/Residential Zone to permit a one-storey, 1,169 m2 commercial development consisting of two buildings; and providing information on the Proposal, Comments on the Official Plan and Zoning By-law, Land Use and Site Considerations, comments from Agencies and Departments, concerns expressed at the Community Meeting; and recommending that:

(1)the application by B.G. Shickedanz Central Inc. be approved and the Zoning By-law 1-83 for the former City of York be amended generally in accordance with the draft Zoning By-law attached as Schedule 1 to this report and worded to the satisfaction of the City Solicitor, subject to a Public Meeting to obtain the views of interested parties.

20.LANDS AT THE SOUTHWEST CORNER OF EGLINTON AVENUE

WEST AND BLACK CREEK DRIVE - OFFICIAL PLAN AND ZONING

BY-LAW AMENDMENT APPLICATION; APPLICANT: RUTLEDGE

DEVELOPMENT CORPORATION - Ward 27, York Humber.

Director, Community Planning, West District

(June 3, 1999)

Regarding a site specific proposal for an amendment to the City of York Official Plan and to Zoning By-law No. 1-83, with respect to lands located on the south west corner of Eglinton Avenue West and Black Creek Drive; advising that Rutledge Development Corporation has requested the amendments to permit the development of a retail project consisting of a supermarket and a future one-storey commercial building generating a total gross floor area of 9 300 m2 (100,000 sq. ft.); that the application is premised on the applicant assembling additional lands owned by the Ministry of Transportation and exchanging lands with the City to create the proposed development parcel; providing information related to the Background of the proposal, a Site Description and Surrounding Uses, the Proposal, comments on the Official Plan, the Proposed Transportation Gateway Facility, comments on the Zoning By-law, Site Design Considerations such as Traffic Circulation and Parking, Urban Design and Landscape/Parkland Dedication, Environmental Matters, comments from Agencies and Departments, concerns expressed at the Community/Information Meetings; concluding that although the retail proposal submitted by Rutledge Development Corporation does not contain the mix of uses and is less intensive than the development envisioned by the York City Centre Plan, the project does achieve some short term objectives of the Plan and does not preclude future intensification and redevelopment of the lands in the future; that the project is generally in accordance with the uses and permitted in the Plan and the existing Zoning By-law, and would result in the utilization of lands which have been vacant for a number of years notwithstanding their as of right zoning which provides for intensive mixed use development; that it would consolidate and assemble the lands into three logical development blocks and would provide the City with an assembled block of land for a future transportation facility as encouraged and supported by the York City Centre Plan. The retention of Block A as one large consolidated parcel under one ownership with only one to two buildings makes future intensification or redevelopment of the site more feasible; that in the event of approval, the following conditions should apply:

Conditions to Approval

1.The enactment of an Official Plan Amendment exempting the site from Site Specific Official Plan Policy Sections 21.8J(1b(i)) and 21.8M(2), in accordance with draft OPA No. 154 (Exhibit No. 13).

2.Prior to the enactment of an amending by-law, satisfactory comments from the Works and Emergency Services Department shall be received.

3.The enactment of an amending by-law to permit the retail development and transportation facility on City lands which generally shall be in accordance with the draft zoning by-law attached as a Schedule to this report and worded to the satisfaction of the City Solicitor.

4.Further detailed consideration of the proposal in conjunction with the Site Plan Control review and approval shall require the resolution of the following, among other matters:

(i)The payment of 2% cash-in-lieu of parkland, and any applicable development charges.

(ii)Signing of a Development Agreement and payment of the necessary fees associated with the preparation, execution and registration of same, if required.

(iii)Signing of a Site Control Agreement and dedication of any required road dedications.

(iv)The submission of a landscaping plan detailing curbing, walkways, grading, and plant materials to the satisfaction of the Urban Planning and Development Services Department and the posting of an appropriate financial guarantee to ensure compliance with the approved plans.

(v)Provision of a lighting plan to the satisfaction of the Urban Planning and Development Services Department.

(vi)All matters with respect to road, driveway and intersection improvements shall be to the satisfaction of Works and Emergency Services.

(vii)Submission of a site plan detailing location and operation of loading dock operations to the satisfaction of Works and Emergency Services, the TTC and Urban Planning ad Development Services. Shared access arrangements for driveway shall also be provided to the satisfaction of the Works and Emergency Services, the TTC and Urban Planning and Development Services.

(viii)Confirmation that the soil conditions on the development site comply with the criteria established by the Ministry of Environment and Energy for the commercial development of a site.

(ix)Provision of a plan detailing the location, height and content of the Safety Berm to the satisfaction of Canadian National Railways.

(x) The submission of a site servicing report, storm water management report and waste management report to the satisfaction of the Works and Emergency Services Department.

(xi)Confirmation that the Site Plan meets barrier-free design standards.

and recommending that:

(1)the application submitted by Rutledge Development Corporation to amend the City of York Official Plan (Sections 21.8J(1b(i)) and 21.8M(2)) and Zoning By-law No.1-83 (Section 16(336)) to permit a retail development be approved, subject to the holding of a Public Meeting to obtain the views of interested parties and the conditions outlined in this report; and,

(2)prior to the enactment of an amending by-law, satisfactory comments from the Works and Emergency Services Department shall be received.

 

   
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