Out of the total 42,179.42 m² of gross floor area, the City controls 8,460.44 m² (FSI 1.8).

2.0 Site Context:

The subject site consists of four parcels of land: (see Schedule "D")

a) a small parcel of land east of the City lane adjacent to Yonge Street;

b) a large parcel of land west of the City lane to Beecroft Road which is the proposed development site;

c) a parcel of land owned by Premium Properties on the west side of Beecroft Road; and

d) lands west of Beecroft Road owned by Lansing United Church.

While most of the Premium development site is vacant, there are two detached houses on a portion of the site. The site is located near the southern boundary of the Downtown. To the east of the site comprising most of the Yonge Street lands is a parcel of land owned by Colonia Life Holdings Ltd. To the north of the subject site is the Nestle office building. To the south are single detached houses, Nos. 15 to 35 Poyntz Avenue. These houses are also located in the Downtown. 39 Poyntz Avenue is the first residential lot located outside the Downtown boundary along Poyntz Avenue.

3.0 Planning Controls:

3.1 Official Plan

The application by Premium Properties was submitted on September 10, 1997. The Official Plan in force at the time was the D.2 Downtown Plan. On September 17, 1997, North York Council adopted Official Plan Amendment No. 447, which consolidates the Uptown and Downtown Plans into the North York Centre Secondary Plan. OPA 447 was approved by the Minister with modifications on December 8, 1998. OPA 447 redesignates the Premium lands east of Beecroft Road to Downtown Mixed Use-1 (DMU-1) and the Premium and Lansing Church lands west of Beecroft Road to Downtown Residential-1 (DR-1) (see Schedule "A-2"). Premium Properties has appealed OPA 447 as it applies to their lands.

This application is also subject to Official Plan Amendment No. 393, which amends the D.2 Downtown Plan setting out new policies for a number of lands located in the Downtown south of Sheppard Avenue. OPA 393 as approved by the OMB, includes a new site specific policy for the Premium Property lands (Section 3.14.22 see Schedule "L") setting out principles to be used in finalizing the zoning.

Legal Services has advised that the application by Premium Properties should be governed by the D.2 Downtown Plan, as amended by the OMB approval of OPA 393, since the Official Plan in effect at the time of the application governs matters of OP conformity. Below is a summary of the D.2 Plan policies, as amended, for these lands.

(a) Premium Lands east of Beecroft Road

The Premium Property lands located east of Beecroft Road are designated Mixed Use (MU) permitting commercial, residential, open space, recreational and institutional uses at a maximum density of 4.5 FSI (see Schedule "A"). The lands are also subject to site specific policy 3.14.22 which sets out the following principles to be used in finalizing the zoning on the site:

(i) land conveyance for roads is to reflect the road alignment of the Downtown Service Road. Density transfer policies of the Plan are to apply for the road conveyance;

(ii) Council may exempt the site from the urban design and street related policies due to road impacts related to the site;

(iii) policies dealing with traffic certification; and

(iv) subject to certain Community Impact Criteria, the zoning on the site may be increased to the maximum density subject to the approval of a master site plan. All other Community Impact Criteria are to be met during detailed site plan review.

(b) Premium Lands west of Beecroft Road and Lansing Church Lands

The lands are designated Minor Institutional (M-INS) and subject to site specific policy 3.14.8 which permits a place of worship and ancillary uses and city parkland. This policy also permits any unused density on the site to a maximum of 3.0 FSI to be transferred to the block on the opposite side of Beecroft Road. The policy also states that a density of 4.5 FSI for the portion of Beecroft Road (owned by the City) between Poyntz and Bogert may also be transferred to the block on the east side of Beecroft Road.

The eastern part of the site is designated with a density of 4.5 FSI, and the west portion of these lands are identified as an area from which density is to be transferred (see Schedules "C" and "E").

3.2 Zoning:

The Premium Properties site located between Beecroft Road and the City lane is zoned R4 (One Family Dwelling Fourth Density Zone) which generally permits detached dwellings, recreational and institutional uses. The Premium lands located east of the City lane adjacent to Yonge Street are zoned C1 (General Commercial Zone). The Premium Properties and Lansing Church lands located west of Beecroft Road are also zoned R4 (see Schedule "B").

3.3 Official Plan Amendment 447

Official Plan Amendment 447 amends The D.2 Downtown Plan with respect to this site. The main changes for the Premium Properties' site relate to restrictions by permitting only non-residential commercial uses, by increasing the height limit to 100 metres and by limiting the amount of density transfers and incentives to 1/3 of the gross floor area. Premium Properties objections to OPA 447 relate primarily to the restriction on the land use which is not prescribed under the D.2 Plan.

Discussion:

4.0 Planning Issues:

4.1 Land Ownership:

The City owns a strip of land adjacent to the Beecroft Road right of way comprising approximately 219.5 m² from which Premium proposes to acquire 186 m² and its associated density. There is also a City lane located just west of Yonge Street that Premium proposes to acquire as part of the development site. Premium has submitted a request to Realty Services to acquire these City lands and the associated density permissions. A road closing by-law will also be required to close the City lane.

Lansing United Church lands are also part of this application. The church has agreed to sell its entire 3.0 FSI unused density as permitted by the D.2 Plan to Premium in addition to a portion of the density that is designated for 4.5 FSI. These densities would be transferred to the development site east of Beecroft Road.

Premium Properties has also included No. 31 Bogert Avenue in their application. Christopher Stoyan has advised that his mother, Petra Stoyan, is the owner of this property and has further indicated that while he does not oppose the rezoning application, the application should not proceed until the applicant has acquired this site. Staff have contacted the applicant and have requested clarification as to the matter of this land ownership.

4.2 Density:

The Official Plan assigns a density of 4.5 FSI on the Premium development site located east of Beecroft Road. Through proposed density transfers and density incentives as discussed below, this application results in an overall density of 8.5 FSI.

4.2.1 Density Transfers

Site specific policy 3.14.8 of the D.2 Plan permits the following density transfers:

a) any unused density up to 3 times the area of the lands bounded by Frizzell Road, Poyntz Avenue, Bogert Avenue and Beecroft Road which are designated Minor Institutional may be transferred to the opposite side of Beecroft Road; and

b) a density of 4.5 times the area of the Beecroft Road allowance may be transferred to the east side of Beecroft Road.

The application proposes general density transfers to the Premium development site totalling 18,086.42 m² comprised as follows:

a) 7,719.78 m² of unused density from the Lansing Church lands;

b) 3,067.2 m² from the Premium Property lands located west of Beecroft Road;

c) 5,572.78 m² from Beecroft Road (City owned);

d) 1561.96 m² from the closed portion of Bogert Avenue (between Frizzell Road and Beecroft Road (City owned); and

e) 164.7 m² from the City lane (City owned).

The proposed density transfers must comply with the site specific Official Plan policies and the general density transfer policies of the Plan. The transfer of density from the City lane, Bogert Avenue and Beecroft Road is subject to Council approval and is part of a separate application to Realty Services. Any decision that Council makes on the sale of the density rights from the City owned lands will provide a basis to review the overall height and density proposed by this rezoning application.

4.2.2 City Lane

It is normal Council policy that public lanes not be considered for partial closure and conveyance to abutting landowners. Lanes traverse from public street to public street and are not intended to dead end at an arbitrary mid-point.

Lands which form part of the existing city lane, which are also required as a portion of the Poyntz road widening at its intersection with Yonge Street, do not need to be conveyed to the applicant only to be reconveyed back to the City for the purposes of achieving the improved intersection. The lands are already in public ownership and there is no public interest achieved in this density transfer.

4.2.3 Density Incentives

Section 3.3.0 of the D.2 Plan sets out special density incentives which Council may approve. It includes a specific exemption (space to be exempted from the calculation of gross floor area) for grade level shopping facilities fronting on a public sidewalk or pedestrian concourse where Council, in its discretion, determines that the exemption is necessary and desirable in order to enhance the continuity of retail and service commercial uses and to encourage interesting and active streetscapes. The exemption cannot exceed 0.5 FSI calculated on the site.

The applicant is proposing a density exemption of 1,140 m² which represents the total amount of at-grade retail space included in the application. Staff will report on the merits of this request as part of any Final Report.

In addition the applicant is proposing a specific exemption of 624 m² of indoor recreational amenity space (based on 1.5 m² per dwelling unit). The D.2 Plan does not provide a density exemption for indoor recreational amenity space although OPA 447 does.

4.2.4 Colonia Property

The Colonia Life property just east of the subject property, is designated as Downtown Mixed Use - One under OPA 447. This designation permits a non-residential building with a FSI of 4.5. The density transfer policies in OPA 447, would permit density transfers that would increase the density limit for the Colonia site to a FSI of 6. The Lansing United Church density transfers could also be directed to the Colonia site. The combination of all transfers, however is still limited to a 1/3 increase. The development potential for the Colonia block is less than that on to the Premium Properties site. The intent of the Official Plan to achieve a strong presence on the Yonge Street frontage is not realized because of this fragmented ownership. There are not any development proposals from Colonia before Council at the present time.

4.3 Height:

The D.2 Plan regulates height in two ways. Firstly, it limits the height of any building to the horizontal distance separating the building from the Relevant Residential Property Line (RRPL) which is the nearest lot with a detached house on January 1, 1979 outside of the Downtown. Secondly, it restricts the height based on the number of storeys as follows:

a) within 75 m of a relevant residential property line, the maximum height is limited to 23 storeys. If the site is opposite or next to a detached house in a stable residential area (located outside of the Downtown) the maximum height is the lesser of 3 storeys or 11 m;

b) beyond the 75 m distance from the RRPL, the height increases by 1 storey for every additional 25 m away from the RRPL; and

c) an extra 3 storeys may be permitted for buildings served by continuous, underground connections to a subway station.

Based on these height limitations, the maximum height permitted on the Premium development site is generally 23 to 25 storeys. Schedule "F" illustrates the height limits on the Premium development site. The application proposes a height of 29 storeys and approximately 85 metres. This exceeds the height limits of the D.2 Plan.

The applicant has argued that site specific policy 3.14.22 approved by the OMB as part of OPA 393, enables Council in its discretion to exempt the site from the height limits of the Plan. It should be noted that the policy indicates that any exemption to the D.2 Plan's urban design and street related policies are to be based on any road impacts related to the site. Building height limits are not specifically included in this specific development policy and this matter should be resolved in the review of this application.

Official Plan Amendment 447 would allow a maximum height of 100 metres for this site.

4.4 Site Plan Approval:

Site specific policy 3.14.22 (see Schedule "L") states that the zoning of this site may be increased subject to approval of a master site plan by the City provided that the Community Impact Criteria dealing with arterial and local traffic and traffic as it affects residential amenities have been satisfied. The applicant has submitted a number of drawings including site plan, elevation, cross-section and underground floor plans for master site plan approval. The site specific policy indicates that other Community Impact Criteria (including shadowing, environment, site circulation, building and site design, streetscape) are to be addressed at the time of detailed site plan review.

4.5 Parkland Dedication:

Parks staff indicates that the applicant is to make an on-site parkland dedication or provide a parkland dedication off-site. The current site plan does not indicate any parkland conveyance to the City. The applicant is working with Parks and Recreation staff to fulfill the parkland dedication requirement.

4.6 Outdoor Recreational Space:

The application includes outdoor recreation space located above the first floor podium between the two residential towers. The D.2 Plan permits rooftop recreational facilities provided they are not more than 11 metres above grade and are protected from direct wind.

4.7 Affordable Housing:

The Official Plan includes a policy that Council shall provide opportunities for at least 25% of the dwelling units in multiple unit residential buildings of 20 units or more to be "affordable housing". The applicant is prepared to provide 25 percent of the residential units as "affordable housing" to be achieved in the zoning by-law by a limitation on the size of units.

4.8 Road Widenings:

The Downtown Service Road Environmental Study Report Addendum and Downtown Service Road alignment as approved by the OMB as part of OPA 393 provide for a reconfiguration of the intersection of Beecroft Road and Poyntz Avenue and the widening and realignment of Poyntz Avenue. A portion of the site along Poyntz Avenue is to be conveyed to the City for the widening of Poyntz Avenue and construction of the Downtown Service Road. The site plan submitted by the applicant provides for these road undertakings.

Transportation and Works staff also advise that a 1.5 m conveyance across the Bogert Avenue frontage is required to attain a 23.02 m road right-of-way as outlined in the Downtown Service Road Environmental Study Report dated April 1991. While the applicant is of the view that the Bogert Avenue widening is now redundant and disputes the requirement for a land conveyance across the Bogert Avenue frontage, the 1.5 m conveyance along the Bogert Street frontage should be provided.

4.9 Transportation Certification:

The D.2 Plan requires applicants proposing developments which exceed 5,000 m² in gross floor area to submit a traffic certification report. This traffic certification report is now under review by Transportation staff.

4.10 Parking:

The application includes 540 parking spaces. Transportation staff is reviewing the proposed parking allocation.

5.0 Community Consultation:

A community consultation meeting was held on December 8, 1998. In addition, an informal community meeting was organized by Councillor Filion on February 24, 1999. Approximately 30 people attending each meeting. The residents who attended the meetings raised the following issues:

a) amount of density proposed for the site;

b) amount of proposed density transfers;

c) benefits accruing to the community from proposed density transfers;

d) height of the proposed buildings in relation to surrounding residential community;

e) effects on lots on south side of Poyntz Avenue;

f) traffic impacts of this proposal together with proposed development further west at Easton/Poyntz/Bogert (Greatwise application);

g) traffic is infiltrating the residential area;

h) possible traffic restrictions at the intersection of Poyntz Avenue at Beecroft Road;

i) parking may spill into the adjacent residential neighbourhood;

j) parking is a problem for the Church which has lost on-street parking spaces and is not able to use the abutting Premium Properties site for additional parking;

k) impacts of the proposal on schools and parks; and

l) use of the Premium Properties site on the west side of Beecroft Rd.

Staff has also received a number of submissions from residents in the area. They raise similar concerns to those outlined above.

Staff also convened a meeting of property owners on the south side of Poyntz Avenue in the Downtown. These properties remain in fragmented ownership as single detached dwellings pending assembly for redevelopment.

Conclusions:

The application by Premium Properties Ltd., is seeking to amend the zoning by-law and for master site plan approval to permit two 29 storey residential buildings totalling 416 units. The application also proposes to rezone the lands on the west side of Beecroft Road owned by the applicant and the lands of Lansing United Church in order to transfer unused density from these lands to the development site on the east side of Beecroft Road. In addition, the applicant has submitted a request to Realty Services to acquire density and ownership of various City owned lands. The amount of density that City Council decides to sell to Premium will provide a basis to the overall height and density of the project. This report indicates a number of planning issues that require further review including the proposed density transfers, density exemptions, building height, property ownership, Bogert Avenue land conveyance, the use of the Premium property on the west side of Beecroft, and traffic certification. Transportation Services needs to report further on the required road closing by-law for the City lane.

Contact Name:

Paul Byrne, Senior Planner

North York Civic Centre

Telephone: (416) 395-7105

Fax: (416) 395-7155

Schedules:

A. Official Plan Map

A2. Official Plan Map OPA 447

B. Zoning By-law

C. Density Limits

D. Land ownership - Density Transfer Applied For

E. Schedule 2 to OPA 393 - Downtown Density Limits

F. Height Limits

G. Site Plan

H. Block Plan

I. West Elevation

J. North-South Elevations

K. Section Plan

L. Section 3.14.22 of OPA 393

Part D.2, Section 3.14.22 which reads as follows:

"Lands Bounded by Yonge Street, Poyntz Avenue, Frizzell Road and Bogert Avenue.

The above lands are designated Mixed Use as described in Section 2.7.0 of Part C.1 of the Official Plan, and are assigned a maximum density of 4.5 FSI on Map D.2.1 plus available transfers and special density incentives. Road requirements associated with the development of this site in order to achieve its planned density and use will be prescribed by the traffic certification described in (iii) of this specific policy statement.

In the event that a zoning amendment application intended to implement the current provisions of the Plan on these lands should precede the completion of the Downtown Service Road in this location, despite any other policies to the contrary, the following principles will be applied in finalizing the zoning:

(i) any conveyance for road purposes in respect of these lands should reflect the general configuration of the road alignment identified in the Downtown Service Road Environmental Study (1991). The density transfer policies of the Plan, namely, Section 3.3.0 (a) of Part D.2 shall apply to the conveyance for road purposes;

(ii) in considering any road impacts related to the subject site, Council may in its discretion, exempt portions of the site from the various urban design and street related policies to achieve appropriate development;

(iii) until such time as a Service Road is constructed, traffic certification under the Community Impact Criteria, pursuant to Section 3.2.0 of Part D.2 of this Plan, may reflect traffic assignments that continue to recognize capacity constraints and diversion opportunities within the context of sound traffic engineering principles;

(iv) notwithstanding the last two paragraphs of Part D.2, Section 3.2.0, providing that subsections 3.2.0 (i) and (ii) of the Community Impact Criteria have been satisfied, the zoning of these lands may be increased from the base density limits as set out in Part D.2, Section 3.1.0 to the maximum density shown on Map D.2.1, subject to the approval of a master site plan by the City, requiring all other Community Impact Criteria to be met during detailed site plan review; and

(v) all other provisions of this Plan shall apply."

(A copy of Schedules A to K referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

(City Council on June 9, 10 and 11, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends that the following report (May 7, 1999) from the Acting Director, Community Planning, North District, be adopted and the application submitted by Imperial Tobacco Limited, to partially remove the holding (H) symbol be approved, subject to the conditions contained in the referenced report and subject to the following:

(1) if the traffic signals at the intersection of York Mills Road and Scarsdale Road are not warranted, that only a right-in/right-out access be permitted at the York Mills entrance to the development; and

(2) that cars be prohibited from entering Scarsdale Road from 1857 Leslie Street (Imperial Tobacco Limited site).

The North York Community Council submits the following report (May 7, 1999) from the Acting Director, Community Planning, North District:

Purpose:

This is a final report on an application to partially remove a holding (H) symbol, to permit construction of retail building with a total gross floor area (GFA) of 8,900 m² and a floor space index (FSI) of 0.29.

Recommendations:

It is recommended that:

(1) this application to partially remove the H symbol be approved and that the zoning be amended to MC(92)(H) with the following zoning exception:

(a) the maximum gross floor area of retail stores and personal service shops shall be 8,900 m²; and

prior to passing of the Amending By-law

(2) prior to passing of the amending by-law, the Acting Director of Community Planning, North District, in consultation with the local Councillors, shall have granted site plan approval for the full development:

(i) with particular attention to the traffic control of the Scarsdale/York Mills intersection which ensures that the recommendations of the traffic report and Transportation staff as set out in Schedule "D" will be carried out, which may include the provision of a signalized access at Scarsdale Road if feasible;

(ii) ensure that all of the parking required under By-law No. 7625 is provided on site based upon the final mix of commercial uses; and

(iii) to address the quality of the relationship of buildings and parking areas with the boulevard and provide clear and safe pedestrian network.

Background

The applicant is seeking to develop the lands for retail development. The lands are zoned Industrial-Commercial MC (H) which permits a wide variety of commercial and industrial uses, including retail stores and personal service shops up to 0.5 FSI or 5,000 m² GFA, whichever is lesser. A partial removal of the (H) symbol would be required to permit this development which exceeds the 5,000m² limit.

The lifting of a (H) or holding provision on a zone allows for Council to permit, in this case, gross floor area above 5,000 m² provided the criteria set out in the Official Plan for lifting the (H) are met.

This process does not require a statutory public meeting under the Planning Act, however notice must be given to the landowner, applicant and any person or public body who has made a written request to be notified. If Council fails to lift the (H) provision, only the applicant has the right to appeal to the Ontario Municipal Board. The pertinent criteria for lifting the (H) in this instance are transportation related.

Pertinent site statistics are set out below:

Location and Existing Site:

The property is located on the northeast corner of York Mills Road and Leslie Street. There is currently a warehouse located there. A previous application made by Tridel for residential uses on the site (file: UDOZ-97-44) was refused.

Official Plan:

The lands are designated Industrial (IND) which permits a variety of industrial and commercial uses (Schedule "A").

Part C.8, Section 7.0 of the North York Official Plan sets out Holding Zone Provisions and states that the (H) may be removed in whole, or in part, to a maximum of 1.0 FSI, subject to meeting criteria contained in Section 7.1, as follows:

Whole or partial lifting of the (H) will be subject to the following criteria, which the applicant must satisfy:

(a) preparing a transportation impact study which demonstrates sufficient transportation capacity is available to accommodate the additional traffic generated by the development and that the development will not result in an unacceptable level of arterial road service. The study may include components relating to background traffic generation, traffic management measures and a parking demand study; and

(b) executing an agreement, where applicable, to ensure transportation measures and parking requirements of the study are fulfilled; and

(c) paying all fees or charges, including outstanding taxes and local improvement charges.

Zoning By-law:

The lands are zoned Industrial-Commercial MC(H) which permits a wide variety of commercial and industrial uses including retail stores, banks and restaurants (Schedule "B"). Within an MC(H) Zone retail stores and personal service shops shall not exceed the lesser of a floor space index of 0.5, or a combined total gross floor area (GFA) on a lot of 5,000 m².

Community Consultation:

A public meeting is not required for this application. A meeting with some neighbouring residents was held May 6, 1999. The focus of the residents concerns is with the traffic in the area.

Discussion:

Planning Issues:

(1) Compliance to Official Plan Criteria:

(a) Transportation Criteria:

The Transportation Services Division of the Works and Emergency Services Department has indicated that they can support the partial lifting of the holding zone provided several conditions are satisfied including:

a) driveway onto Leslie Street must be redesigned to accommodate large delivery vehicles and would operate as a right-in/right out access;

b) a traffic signal feasibility study for the Scarsdale/York Mills intersection to be completed by the applicant and reviewed prior to final site plan approval; and

c) in the event a traffic signal is not a feasible access alternative, a right-in/right-out access only will be permitted at this location.

The complete set of conditions is attached as Schedule "D". The execution of a site plan agreement will ensure transportation measures and parking requirements of the traffic study and Transportation staff are fulfilled.

(b) Finance Criteria:

Finance Revenue Services Division advises that there are no fees or charges to be paid, including outstanding taxes and local improvement charges.

(2) Site Plan Approval:

A site plan application is being processed for this property. Site plan approval will be required prior to the enactment of the by-law to remove the (H) to ensure development of the transportation improvements.

The site plan approval will also incorporate conditions for a quality relationship between the proposed buildings and the boulevard. It should achieve a clear and safe pedestrian circulation within the site, connecting in a direct fashion the retail uses to the public sidewalk. The site plan proposed by the applicant shown in Schedule "C" will require modifications accordingly.

Conclusions:

The North York Official plan and zoning by-law contain specific holding policies and regulations which permit an increase in retail space above 5,000 m² or 0.5 FSI, subject to criteria. As discussed in this report, this application fulfills these criteria and should therefore be approved. Passing of the by-law to remove the (H) will proceed following site plan approval and the execution of the site plan agreement.

Contact Name:

Karen Whitney,

North York Civic Centre

Telephone: (416) 395-7109

Fax: (416) 395-7155

E-mail: kwhitney@city_toronto.on.ca

Schedules:

Schedule A - Official Plan

Schedule B - Zoning

Schedule C - Site Plan

Schedule D - Transportation comments

(A copy of the Schedules referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

(City Council on June 9, 10 and 11, 1999, adopted this Clause, without amendment.)

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (May 4, 1999) from the Acting Director, Community Planning, North District, and for the reasons that the proposal is an appropriate use of lands, recommends that the application submitted by The Urban Design Workshop regarding Zoning Amendment Application for 139 to 147 Doris Avenue, be approved, subject to the conditions outlined in the referenced report:

The North York Community Council reports having held a statutory public meeting on May 26, 1999, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (May 4, 1999) from the Acting Director, Community Planning, North District:

Purpose:

The purpose of this report is to recommend approval of a proposed development of the properties at 139 to 147 Doris Avenue, located east of Yonge Street and north of Sheppard Avenue East. The applicant is seeking to amend the Zoning By-law to permit a 24 unit 4 storey condominium townhouse development.

Recommendation(s):

It is recommended that:

(1) the zoning be amended in accordance with an implementing zoning by-law which generally complies with the draft by-law attached as Schedule "G" and the by-law be perfected prior to enactment;

(2) prior to enactment of the zoning by-law, site plan approval be granted generally in accordance with the conditions described in Appendix "B"; and

(3) staff be directed to do all things necessary to ensure that at the time of the enactment of any zoning by-law, the following conditions have been satisfied:

(a) the owner has paid to the City in cash or certified cheque, the Yonge Centre Development Charges in accordance with Council policy as amended from time to time;

(b) the owner has made arrangements satisfactory to the Economic Development Culture and Tourism Department (Parks and Recreation Division) and Acting Director of Community Planning North District to fulfill the conditions as set out in Schedule "H"; and

(c) the owner has agreed to seek condominium registration of this development and enter into the necessary agreements to ensure future access amongst the abutting properties, if required.

Background:

1.0 Proposal:

The application proposes an amendment to the zoning by-law and site plan approval to permit a 4 storey 24 unit condominium townhouse development on the east side of Doris Avenue between Greenfield Avenue and Spring Garden Avenue (Schedule "C"). Two of the units will front onto Doris Avenue and vehicular access for all the units will be from a private road which will form part of the common element of a condominium description. The pertinent site statistics are shown below.

2.0 Location and Existing Site:

The site is located on the east side of Doris Avenue just north of Greenfield Avenue and has an area of 0.32 hectares. The lands comprise four residential lots with a single detached dwelling on each lot. On the lands to the north fronting Spring Garden Avenue are single detached homes. Directly west of the site on the other side of Doris Avenue is a 22 storey residential building. To the south is the headquarters of the Toronto Catholic School Board.

3.0 Planning Controls:

3.1 Official Plan:

The site is located in the Downtown of the North York Centre. The lands are designated Downtown Residential-1 (DR-1) which permits residential, recreational, institutional uses and public parks at a maximum density of 1.5 FSI (Schedule "A"). The lands are also subject to site specific policy 12.6 of Official Plan Amendment No. 447 (North York Centre Secondary Plan) which permits a maximum building height of 12 storeys or 35 metres, whichever is less. The proposal conforms with the Official Plan and can be accommodated within the long range development levels (see Schedule "P") and no Official Plan amendment is required.

3.2 Zoning:

The site is zoned R4 One Family Detached Dwelling Fourth Density Zone (Schedule "B") which permits single detached dwellings. The applicant has requested a zoning change to permit townhouses.

3.3 Site Plan:

The Site Plan approval proceeds concurrently with the rezoning process for the North York Centre development applications. The applicant has submitted a Site Plan application and has provided detailed drawings to enable evaluation of the application in the context of the environment and urban design objectives of OPA 447. The approval of site plans has been delegated and approval can be granted upon Community Council consideration of this report. Urban design considerations are outlined in Appendix "A" and the recommended conditions of Site Plan approval are listed in Appendix "B".

Discussion:

4.0 Other Department Comments:

This section summarizes the pertinent comments received from the departments and agencies to which the application was circulated.

The Economic Development Culture and Tourism Department (Parks and Recreation Division) has indicated that the applicant is to convey to the City for use as public parkland an area of approximately 160 square metres across the entire Doris Avenue frontage as well as pay $32,000 for landscaping costs of the City parkland. In addition, the applicant will be required to execute a Tree Preservation Agreement. The comments are outlined in Schedule "H".

The Works and Emergency Services Department (Public Works) has indicated that interim trunk capacities are available for future development. The allocation of the Interim Sanitary Trunk capacity for this development is subject to Council approval of this application. Available municipal services for this development include water, sanitary sewer and storm sewer. All conditions of approval (Schedule "I") are being fulfilled through conditions of site plan approval.

The Works and Emergency Services Department (Transportation) has indicated that the minimum on site parking requirement is 24 spaces to a maximum of 33 parking spaces of which 2 spaces are for visitor use. There are several comments regarding site plan issues which are outlined in Schedule "J". All conditions of approval are being fulfilled through the draft zoning by-law and conditions of site plan approval.

The Public Health Department has advised that there are no outstanding Public Health requirements pertaining to soil contamination on this site. Their comments are attached as Schedule "K".

The Toronto District School Board has advised that the anticipated students from the proposed development can currently be accommodated at the elementary and middle schools serving this development, however they cannot be accommodated at Earl Haig Secondary School and alternative accommodation arrangements will be required for those students. Their comments are attached as Schedule "M".

The Toronto Catholic School Board has indicated that while the Board does not object to the proposal, it has concern regarding the lack of permanent facilities and overcrowding at the secondary schools serving this development. Their comments are attached as Schedule "N".

5.0 Community Consultation:

A community consultation meeting was held on November 11, 1998 attended by approximately 15 people. The notes for this meeting are attached as Schedule "O". There was general support for the townhouse proposal and the 4 storey building height. The residents who attended the meeting raised the following issues:

• Coordination of development plans to deal with traffic and access.
• Potential to reopen Greenfield Avenue and extend it northward to Spring Garden Avenue.
• Status of the Spring Garden Avenue cul-de-sac.

These matters are discussed below.

6.0 Planning Issues:

6.1 Land Use:

The proposed townhouses are in keeping with the permitted uses of the Official Plan designation on the site.

6.2 Density:

The maximum permitted density on the site is 1.5 FSI. The proposed development is at a density of 1.4 FSI.

6.3 Height:

The site specific policy in the Official Plan (Section 12.6) permits a maximum height for this site of 12 storeys or 35 metres, whichever is less. The proposal for 4 storey townhouses represents a lower height than the maximum permitted under the Official Plan. Across from this site on the west side of Doris Avenue is a 22 storey residential building.

6.4 Development Concept for Block

Lands on the south side of Spring Garden Avenue between Doris Avenue and Kenneth Avenue are owned by several different landowners. The potential exists for this development to form part of a larger future development to the north and east that would create a coordinated development of the block. This is encouraged as it would allow for a better road connection through the block to Spring Garden Avenue.

The Ontario Municipal Board has approved a development on the east half of the block (comprising a 6 storey residential building with 3 storey height along the Spring Garden frontage and 3 storey townhouses along Kenneth Avenue). Access to this development is to be from Spring Garden Avenue. The applicant for these lands is required to submit a revised site plan. No development applications have yet been submitted for the remaining lots on the south side of Spring Garden Avenue to Doris Avenue, however discussions with the owner of the lands on the south-east corner of Spring Garden and Doris Avenues indicate that he is also considering townhouses.

Based on the recent OMB development approval for the east half of the block, the maximum density of 1.5 FSI, and the nature of the land ownership of the west half of the block, the remaining lands on the south side of Spring Garden Avenue are likely to be redeveloped for townhouses. The Official Plan stipulates that the maximum height along the Spring Garden frontage is to be 3 storeys or 11 m. Tenure of development could take the form of freehold and condominium units. The Official Plan also requires that the existing cul-de-sac on Spring Garden Avenue is to be relocated from the Doris Avenue end of the block to the Kenneth Avenue end of the block.

It has been suggested that in order to provide for coordinated block development, Greenfield Avenue be extended eastward from Doris Avenue and then northward to connect to Spring Garden Avenue. On September 29, 1980 North York Council passed by-law 27924 closing the section of Greenfield Avenue east of Doris Avenue. The City then sold this land. We have been advised that PenYork Properties owns this closed road allowance. Staff have contacted representatives of PenYork Properties and discussed the possibility of the City entering into an easement agreement to provide access to the proposed townhouse development. Staff have also discussed suggestions that the City consider acquiring land to extend Greenfield Avenue east of Doris Avenue. A representative of Pen York indicated that the company would not want to limit its future options by entering into an access easement agreement or giving up some of its land to the City for a road extension.

There is an opportunity to provide for future integrated access arrangements which can coordinate vehicular access from Doris Avenue and Spring Garden Avenue. The applicant has submitted a development concept showing how the remaining lands could be redeveloped (see Schedule "D"). This concept includes coordination of vehicular access from Doris Avenue and Spring Garden Avenue which would connect this development with future development to the east. This arrangement would minimize road access from Doris Avenue and Spring Garden Avenue.

It is recommended that the applicant enter into an agreement with the City to be registered on title which could provide for a future connection and vehicular access between this site and future development on the adjacent lands to the east. This is achieved through the conditions of site plan approval and a site plan agreement. The undertaking to provide future access to abutting properties should also form part of the condominium approval and be included in the condominium declaration. Proposed changes to the Condominium Act enable common elements such as a common private driveway to be registered as a common elements condominium. If the changes to the Condominium Act are in force at the time of approval of this application, than the common elements condominium should be used.

The applicant has prepared two site plan options. Option 1 shows the private road ending in a hammer head but which can be extended to connect to the lands to the east. Option 2 provides for connection to the lands to the east and to the north. By providing this connection to the lands to the north, access provisions to Doris Avenue have been limited to one entrance. This complements the Parks and Recreation initiative to green the Service Road by limiting the number of access points on Doris Avenue. The site plan agreement will require the owner of this site to make all reasonable efforts with the owner of the lands to the north to pursue Option 2. The owner of the lands to the north has verbally advised staff that he is preparing a site plan for his lands to reflect such an access arrangement and will be submitting a rezoning application in the near future. The site plan conditions stipulate that if at the time of building permit for Block 4 the landowners have entered into an access agreement and the private road has been extended northward to connect to Spring Garden Avenue, than the site shall be developed in accordance with Option 2. Otherwise, the site shall be developed in accordance with Option 1.

6.5 Parking:

The City Centre Parking Policy for residential uses is a minimum 1 parking space to maximum 1.4 parking spaces per dwelling unit of which 0.1 spaces per dwelling unit is for visitors. For this development application 24 to 33 parking spaces are required of which 2 spaces are for visitors. The applicant is providing 24 parking spaces (each unit having its own attached garage) plus 2 visitor spaces.

6.6 Community Services and Facilities:

6.6.1 Parkland

The Parks and Recreation Division has indicated that the applicant is to convey to the City for use as public parkland an area of approximately 160 square metres across the Doris Avenue frontage. This conveyance will enhance the Service Road buffer area. In addition, prior to by-law enactment, the applicant has agreed to deposit with the City a letter of credit in the amount of $32,000 to be used to landscape the City parkland fronting onto Doris Avenue.

6.6.2 Private Amenity Space

The applicant proposes to provide each unit with a small rear yard as well as provide a small children's play area. This outdoor recreational space totals 540 square metres and will be reviewed through the site plan approval process.

Conclusions:

The proposal to develop the lands on the east side of Doris Avenue just north of Greenfield Road with a 24 unit 4 storey condominium townhouse development is appropriate development which is consistent with the policies of the North York Centre Secondary Plan. The proposal provides for integrated access for other lands on the south side of the Spring Garden block. The applicant is providing an on-site parkland dedication.

In accordance with Council policy, a Site Plan application has been processed concurrently with the rezoning application. The applicant has provided detailed plans and drawings that demonstrate the proposal satisfies the urban design policies of the Official Plan.

Contact Name:

Nimrod Salamon, Senior Planner

Telephone: (416) 395-7134

Appendices:

A. Urban Design Considerations

B. Site Plan Recommendations

Schedules:

A. Official Plan Map

B. Zoning Map

C. Site Plan - Option 1 and Option 2

D. Context Plan

E. Elevations

E1. Elevations

F. Landscape Plan

G. Draft Zoning By-law

H. Parks and Recreation comments

I. Public Works comments

J. Transportation comments

K. Public Health Department comments

L. Fire Department comments

M. Toronto District School Board comments

N. Toronto Catholic School Board comments

O. Notes from Community Consultation Meeting

P. Summary of estimated residents in the Downtown

Appendix "A": Urban Design Considerations

The applicant has submitted drawings which are of sufficient detail to evaluate the proposed development with respect to the environment and urban design policies of OPA 447. It is recommended that the site plan application be approved subject to the submission of the revised drawings as well as the execution of a site plan agreement (refer to Appendix "B"). For ease of review, the proposed development is discussed under the headings, site plan, landscape plan, and building elevations.

Site Plan:

As illustrated on Schedule "C", two townhouse units front onto Doris Avenue and the other units have been located along a proposed private road with access off of Doris Avenue. Each unit has a driveway which accesses the private road. The applicant has provided two site plan options, Option 1 which includes the private road ending in a hammer head but which can be extended eastward, and Option 2 which provides for extensions of the private road to the east and north.

By providing this connection to the lands to the north, access provisions to Doris Avenue have been limited to one entrance. This complements the Parks and Recreation initiative to green the Service Road by limiting the number of access points on Doris Avenue. The site plan agreement will require the owner of this site to make all reasonable efforts with the owner of the lands to the north to pursue Option 2. The owner of the lands to the north has verbally advised staff that he is preparing a site plan for his lands to reflect such an access arrangement and will be submitting a rezoning application in the near future. The site plan conditions stipulate that if at the time of building permit for Block 4 the landowners have entered into an access agreement and the private road has been extended northward to connect to Spring Garden Avenue, than the site shall be developed in accordance with Option 2. Otherwise, the site shall be developed in accordance with Option 1.

Landscape Plan:

The landscape plan (refer to Schedule "F") provides for a small rear yard for each unit with a porch as well as a common children's play area. The applicant has been requested to provide for enlarged areas in front of each dwelling unit for soft landscaping and the planting of new trees. The plan also provides for a 2.5 metre strip of parkland dedication along the Doris Avenue frontage with landscaping to be paid for by the applicant.

Building Elevations:

As illustrated on Schedule "E", the townhouses are traditional in design and are to be finished with stucco. The front of the units include stone balustrades and stone mouldings and trim. The two end units abutting Doris Avenue have been oriented so that they address the public street with a high level of architectural finish including windows and a front entrance off of Doris Avenue. The steps to the front door of each unit should not exceed 1.6 metres. In addition, the face of each garage entrance should recede from the front elevation of the dwelling in order to de-emphasize the view of the garage from the road.

Appendix "B": Site Plan Recommendations

1.0 That this application be approved subject to the following conditions:

1.1 The lands shall be developed and maintained in accordance with the approved drawings and the conditions of this approval. The Owner acknowledges that notwithstanding this approval, the lands shall be developed in accordance with the zoning by-law and that it is the responsibility of the Owner to ensure that the development is in conformity with the zoning by-law to the satisfaction of the Chief Building Official.

1.2 All of the work shown on the approved drawings and all the work required by the conditions of this approval shall be completed within 3 years of the date of this approval failing which this approval shall require an extension by the Director of Community Planning (North District) prior to the issuance of any building permit.

1.3 All existing trees to remain shall be maintained as shown on the landscape plan in accordance with the "North York Standards For The Protection And Care Of Trees". Any tree that is removed in contravention of this approval, or that is severely damaged, shall be replaced with a tree or trees of similar value to the satisfaction of the Economic Development, Culture and Tourism Department.

1.4 All site illumination shall be designed to prevent the spread of light onto adjacent lands.

1.5 Drainage shall be directed to ensure that no drainage problems are created on adjacent lands.

1.6 All refuse and recycling storage shall be contained within the building. Refuse and recycling materials shall be transported to collection areas on collection days only.

1.7 All work on the adjacent boulevards shall be to the satisfaction of the Works and Emergency Services Department. All work on the adjacent park shall be to the satisfaction of the Economic Development, Culture and Tourism Department.

1.8 All driveways shall be constructed of a water permeable surface. The private road shall be constructed to the satisfaction of the Works and Emergency Services Department.

1.9 New above-grade electrical transformers, gas regulators and other equipment are not permitted in any yard abutting a public street. The owner shall make arrangements to the satisfaction of the affected Utility, for the installation, relocation and protection of all utilities. All clearances from Toronto Hydro-Electric Commission facilities shall be maintained to the satisfaction of Toronto Hydro-Electric Commission or successor.

1.10 Signage, satellite dishes, cellular telephone antennae or associated equipment are not permitted on the roof of the buildings. All rooftop mechanical equipment enclosures shall be integrated into the overall design of the building to the satisfaction of the Director of Community Planning (North District).

1.11 The municipal address of the building shall be well-illuminated, provided in a prominent location on the lands and designed to be easily readable from the adjacent streets.

1.12 Prior to enactment of the zoning by-law, the applicant shall submit confirmation, in the form of an initial study, from a qualified microclimatic specialist that the proposed development will not create any pedestrian comfort concerns.

1.13 The Owner shall submit the following to the satisfaction of the Director of Community Planning (North District) prior to the issuance of any building permit:

1.13.1 3 copies of a revised site plan (Options 1 and 2) which incorporates:

1.13.1.1 the technical requirements of the commenting departments;

1.13.1.2 the detailed grading of the site including a maximum height of approximately 1.4 m for the perimeter retaining walls;

1.13.1.3 the location of all exterior lighting for the site including the private road and children's play area;

1.13.1.4 the garages recessed from the building face; and

1.13.1.5 for Option 1 only, a 6 m wide hammer head at the east end of the private road.

1.13.2 3 copies of a revised detailed landscape plan which incorporates:

1.13.2.1 items noted in condition 1.13.1;

1.13.2.2 additional trees along the private road wherever possible;

1.13.2.3 the landscape plan for the Option 2 site plan; and

1.13.2.5 landscaping relating to the 6 m wide hammer head as set out in condition 1.13.1.5.

1.13.3 3 copies of all revised building elevations which indicate:

1.13.3.1 the steps to the front door of each unit do not exceed a height of 1.6 m.

1.13.4 3 copies of the detailed design of all site amenities including but not limited to exterior lights, ground signs, fencing, retaining walls, paving, and planting details which demonstrate that adequate topsoil is to be provided for trees, shrubs and groundcovers. Large on-site deciduous trees shall have a minimum caliper of 80 mm. Large on-site coniferous trees shall have a minimum height of 1.8 m. Street trees shall have a minimum caliper of 100mm.

1.13.5 Confirmation that arrangements have been made to the satisfaction of the Works and Emergency Services Department for items set out in their memoranda dated:

1.13.5.1 February 19, 1999 from Transportation Services;

1.13.5.2 January 7, 1999 from Technical Services; and

1.13.5.3 January 20, 1999 from Fire Services - North Command.

1.13.6 Confirmation that arrangements have been made to the satisfaction of the Economic Development, Culture and Tourism Department for items set out in their memorandum dated April 1, 1999.

1.13.7 A cost estimate and letter of credit to the satisfaction of the Acting Director of Community Planning (North District) for the installation of the approved landscaping including but not limited to plant material, decorative paving, and fencing.

1.13.8 An executed site plan agreement registered on title for the approved drawings and conditions of approval, to the satisfaction of the Director of Community Planning (North District) and the City Solicitor. The site plan agreement shall stipulate that:

1.13.8.1 the owner shall agree to provide a common access from Doris Avenue to any future redevelopment of the lands which are immediately north and the lands immediately east of the site and shall agree to pay the costs for implementation of this common access for the portion of the lands on their site;

1.13.8.2 if at the time of building permit for Block 4 the owners of this site and the site to the north have entered into an access agreement to connect the private road north, and the private road has been extended northward to connect to Spring Garden Avenue, than the site shall be developed in accordance with Option 2; and

1.13.8.2 if at the time of building permit for Block 4 the owners of this site and the site to the north have not entered into an access agreement to connect the private road north, and the private road has not been extended northward to connect to Spring Garden Avenue, than the site shall be developed in accordance with Option 1.

Schedule "G" Draft Zoning By-law

Authority: North York Community Council Report No.

As adopted by the City of Toronto Council on

Enacted by Council on

BY-LAW No.

To amend City of North York By-law No. 7625

in respect of lands municipally known as 139 to 147 Doris Avenue

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

1. Schedules "B" and "C" of By-law No. 7625 of the former City of North York are amended in accordance with Schedule "1" of this By-law.

2. Section 64.16 of By-law No. 7625 of the former City of North York is amended by adding the following subsection:

"64.16(29) RM1(29)

EXCEPTION REGULATIONS

(a) The maximum number of dwelling units shall be 24.

(b) The provisions for minimum lot area and minimum street frontage shall not apply.

(c) The maximum lot coverage shall be 43% for the lot as shown on Schedule RM1(29).

(d) The minimum yard setbacks shall be as shown on Schedule RM1(29).

(e) Exterior stairways, wheelchair ramps, and porches and decks 4.3 square metres or less in area, shall be permitted to project into the minimum side yard setbacks not more than 2 metres.

(f) The maximum gross floor area shall be 4,375 square metres.

(g) The maximum building height shall be 4 storeys or 12 metres, whichever is the lesser.

(h) The minimum distance between buildings shall be as shown on Schedule RM1(29).

(i) A minimum landscaped area of 525 square metres shall be provided.

(j) Landscaping shall not be required in areas between parking lots and One Family Detached Dwelling Zones (R).

(k) A total of 26 parking spaces shall be provided of which 2 parking spaces shall be for the use of visitors.

(l) A parking aisle leading to a parking space (excluding visitor parking spaces) for each dwelling unit shall have a minimum width of 3 metres.

(m) The provisions of this exception shall apply collectively to the lands zoned RM1(29) notwithstanding their future severance, partition or division for any purpose.

3. Section 64.16(29) of By-law No. 7625 of the former City of North York is amended by adding Schedule RM1(29), attached to this by-law.

ENACTED AND PASSED this day of , A.D. 1999.

Mayor City Clerk

Mr. Jack Dougan, appeared before the North York Community Council in connection with the foregoing matter, on behalf of the applicant, and he indicated that the applicant concurred with the staff recommendations.

(A copy of Schedules H to P referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

(City Council on June 9, 10 and 11, 1999, adopted this Clause, without amendment.)

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (April 23, 1999) from the Acting Director, Community Planning, North District, and for the reasons that the proposal is an appropriate use of lands, recommends that the application submitted by Landtactix (Sam-Sor Enterprises) regarding Zoning Amendment Application for 5200 Yonge Street, be approved, subject to the conditions outlined in the referenced report:

The North York Community Council reports having held a statutory public meeting on May 26, 1999, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (April 23, 1999) from the Acting Director, Community Planning, North District:

Purpose:

This is a final report on an application to amend the Zoning By-law to revise the site area and density of an approved development at 5200 Yonge Street. This application is a result of a direction by Council that an application be made to amend the site size and density transfers in effect in the current zoning of this property. These modifications return density attributable to the heritage Gibson House from the development permitted at 5200 Yonge Street and a 1, 371 m² (14,761 sq.ft.) parcel of land which is to be conveyed to the City for a daycare centre. This technical rezoning is required to redefine the donor site and receiving sites for density transfers to the Landtactix site. This rezoning has the effect of reducing the amount of gross floor area that can be built on the Landtactix site by 10,723 m².

Financial Implications:

The financial implications of this proposed rezoning have been considered in a Confidential Report through the Corporate Services Committee approved by Council at its meeting November 25-27, 1998.

Recommendation(s):

It is recommended that the application be approved and staff be directed to prepare:

(1) an Official Plan Amendment that specifies that density to be retained by the Gibson House site, currently designated Local Open Space, may be transferred in whole or in part at a later date in accordance with the policies of the North York Centre Plan (OPA 447) and recorded appropriately in Appendix 13 to the Official Plan all as generally described in Schedule "E" to this report;

(2) a Zoning By-law Amendment to implement the following changes:

(2.1) to reduce the gross floor area permitted on the Landtactix site by 4,552 m²;

(2.2) to further reduce the gross floor area on the Landtactix site by 6,171.3 m²;

(2.3) to amend the zoning on the 1,371.4 m² of land to be conveyed to the City to O1 (Open Space) in order to permit a day nursery;

(2.4) delete the requirement for a day nursery and meeting spaces on the remaining C1(94) General Commercial (Site Specific) lands; and

(2.5) to permit a maximum of 10,332 m² for residential uses on the C1(94) lands and 120 units;

all as generally described in Schedule "F" to this report; and

(3) prior to enactment of the zoning bylaw, the existing site plan agreement be amended to:

(3.1) reflect the density reduction;

(3.2) include the conditions of the Economic Development, Culture and Tourism, Culture Division shown as Schedule "J";

(3.3) include the conditions of the Fire Services Division shown as Schedule "N";

(3.4) include the conditions of the Works and Emergency Services, Development Services Division shown as Schedule "O";

(3.5) include the conditions of the Economic Development, Culture and Tourism, Parks and Recreation Planning shown as Schedule "P";

(3.6) include the requirement for common outdoor space for the non-residential portion of the development in accordance with the policies of OPA 447; and

(3.7) include the new demonstration drawings.

Background:

1.0 Proposal:

Council approved a development application for this site in 1991 for a 21 storey commercial office tower and daycare centre. Subsequent to this approval, Council approved an amendment to the zoning in the fall of 1997 which would allow up to 50 percent of the permitted gross floor area to be used for residential uses. The effect of this change is to permit a 27 storey, 200 unit residential tower and a 17 storey commercial building and a daycare. The total gross floor area previously approved was unaltered by this zoning by-law amendment.

This current proposal reduces the permitted gross floor area at 5200 Yonge Street by 10,723 m² by deleting a density transfer from the Gibson House and by a reduction of its net site base density through a conveyance of a parcel of land to the City for a workplace daycare facility. A reduced unit count of 120 units reflects unit size of the 1997 proposal. The following table summarizes the latest proposal:

The previous rezoning application was accompanied by a demonstration plan which illustrated how the site could be developed. The demonstration plan, in conjunction with urban design principles together provide guidance for an appropriate development scenario for the site.

The demonstration plan and design principles formed part of a Concept Plan approach to reviewing rezoning applications. While it is one step removed from a formal site plan application, there is sufficient detail provided in terms of building location, height and open spaces areas to ensure conformity with the Official Plan. The plan was secured on title as an amendment to the existing site plan agreement to direct future site plan applications.

2.0 Location and Existing Site

This 0.6 ha. (1.5 acre) site is located on the west side of Yonge Street, north of Park Home Avenue. It is occupied by a commercial plaza and a McDonald's Restaurant. A mix of existing and approved commercial, residential and open space uses surround the site, including the Gibson House which is owned by the City.

The redevelopment site at 5200 Yonge Street, the portion of the site which it is proposed to be conveyed to the City for daycare purposes, and the Gibson House property are shown on attached Schedules "C" and "C2". The proposed daycare site and Gibson House will be provided access from Yonge Street.

3.0 Planning Controls

3.1 Official Plan

The site is within the North York Centre - Downtown subject to Part D.1 and D.2 of the Official Plan as amended by Official Plan Amendment 447. All of the density transfers previously granted and proposed in this application are permitted under the approved policies of the Official Plan.

The eastern portion of the site adjacent to Yonge Street is designated Downtown-Mixed Use Two which permits commercial and residential uses with a limitation of 50 percent on any residential component. The rear western portion of the site is designated Downtown Residential One which permits residential uses. The maximum density permitted by these designations is 4.5 FSI. As this application represents a decrease in the permitted gross floor area on the site, it is within the long range development levels as shown in Schedules "R" and "S".

A specific development policy for the Gibson House site is recommended for the purposes of clarity in the plan.

3.2 Zoning By-law

The lands are zoned Commercial (C1) with site specific by-laws which permit commercial and residential uses with a maximum gross floor area for all uses of 37,204 m² (400,474 square feet) inclusive of all density transfers and specific development incentives of which a maximum 19,500 m² (209,903 square feet) may be used for up to 200 residential units. The existing zoning includes a density transfer of 4,552 m² (49,000 square feet) from the heritage Gibson House property. It also includes a requirement that the redevelopment include a day nursery of a minimum 609 m² (6,566 square feet) to a maximum 1,215 m² (13,078 square feet) as part of any redevelopment.

The proposed zoning is in conformity with the Official Plan. It represents a minor adjustment to the previous zoning by-law in accordance with Section 10.2 of the Part D.1 of the Official Plan. Lands to be conveyed to the City should be zoned Open Space (O1) which permits day nurseries.

Discussion:

4.0 Other Department Comments:

Comments received for the departments and agencies to which the application was circulated indicate as follows:

The Works and Emergency Services, Development Services indicated that a sanitary sewer easement is required if the owner desires to have the existing north-south sanitary easement diverted to the Yonge Street sanitary sewer along the north limit of the development site in order to better facilitate development on the site and the Imperial Oil site to the south. Their comments are attached as Schedule "O".

The Economic Development, Culture and Tourism, Culture Division indicated the necessary requirements to ensure the continued operation and protection of the Gibson House. Their comments are attached as Schedule "J".

The Fire Services, North Command require additional information on the location of fire routes, and hydrant, alarm, and principle entrance locations prior to assessment of a detailed site plan. Their comments are attached as Schedule "N".

The Economic Development, Culture and Tourism, Parks and Recreation Division has indicated that the applicant has been requested to obtain an off site parkland dedication since an on site dedication is impractical due to the conveyance being made to the City for the day nursery. If a site for parkland dedication cannot be found prior to building permit, the applicant will be subject the appropriate cash-in-lieu requirement. Their comments are attached as Schedule "P".

The Toronto Catholic District School Board has indicated they object to the application due to lack of permanent facilities and overcrowding. This application does, however, represent a decrease in residential gross floor area permitted on the site and therefore decreases the potential impact on school facilities. Their comments are attached as Schedule "Q".

The remainder of the department and agencies circulated indicated they have no objections to the application. All of the departments and agency comments are attached as Schedules "G" through "Q".

5.0 Community Consultation

Given the technical nature of this application, a community consultation meeting has not been required.

6.0 Planning Issues:

6.1 Density Transfer:

Section 3.4 of Official Plan Amendment 447 (North York Centre Secondary Plan) permits the transfer of density from land owned by the City to a receiving site provided the receiving site is on the west side of Yonge Street, north of Sheppard Avenue and within the Downtown. Density was transferred to the applicant's site from the City owned, historical Gibson House when the applicant's first proposal for the commercial redevelopment of 5200 Yonge Street was approved in 1993. This application reverses this initial density transfer giving the City the opportunity to transfer the unused density to another site in close proximity that meets the Official Plan requirements.

This density will remain on the Gibson House site through the site specific Official Plan amendment and listed in the Official Plan Appendix 13 which monitors density transfers. The density that is transferred in the future can be used for entirely commercial uses or up to 50% for residential with the remainder being used for commercial.

6.2 Access

Both the Gibson House and the day nursery will be accessed from Yonge Street by a 9 metre wide right-of-way which has been secured over the northern portion of the Imperial Oil lands (Part 1 to 5, Reference Plan 66R16102). This land was secured previously through tri-party surface easement agreements between the City, Sam-Sor and Imperial Oil Limited.

6.3 Day Nursery and Community Space

A workplace day nursery was part of the original application that was approved in 1993. The applicant maintained a commitment in 1997 to provide a workplace day nursery when a further rezoning was approved for the site which includes a residential component. In order to now fulfill their commitment to provide the day nursery, the conveyance of the land to the City is required in accordance with a Confidential Report through the Corporate Services Committee approved by Council at its meeting November 25-27, 1998. The site to be conveyed must be 1,374 m² at no cost to the City. Financing for planning, design and construction of the day nursery by the applicant was also outlined in the November, 1998 report. Funds were also secured from Imperial Oil Limited for the construction of this day nursery. This arrangement will allow for the construction of the day nursery to proceed independently of construction plans and the timing for the development of 5200 Yonge Street.

With respect to community space, the financial agreement between the City and Sam-Sor provides for a cash contribution for municipal purposes at the discretion of the Commission of Economic Development, Culture and Tourism in consultation with the two Ward Councillors.

6.4 Site Plan

The Site Plan approval process is required by Council to proceed concurrently with the rezoning process for the City Centre development applications. The applicant submitted a request for an amendment to the current site plan agreement with new demonstration plans. The urban design principles established in 1997 in accordance with OPA 447 will be maintained in the site plan agreement. The new demonstration plan shown as Schedule "C" will replace the previous demonstration plan. The approval of site plans has been delegated and approval to amend the existing site plan agreement can be granted upon Community Council consideration of this report.

7.0 Conclusions:

This application has been submitted in response to a submission to Council through Corporate Services Committee to return density transfers which previously had been acquired by the applicant from the former City of North York. The financial implications of the redistribution of density have been considered by Council.

This application represents a technical amendment to the zoning by-law and official plan policies to ensure that the zoning permissions for 5200 Yonge Street which are retained represent good planning within the context of the policies and expectations of the North York Centre Plan.

Contact Name:

Karen Whitney

North York Civic Centre

Telephone: (416) 395-7109

Fax: (416) 395-7155

E-mail: kwhitney@toronto.ca

Schedules:

Schedule A - Official Plan Map

Schedule B - Zoning Map

Schedule C - Demonstration Plan

Schedule C2 - Context Plan

Schedule D - Elevations

Schedule E - Draft Official Plan Amendment

Schedule F - Draft Zoning By-law Amendment

Schedule G - Public Health Comments

Schedule H - Corporate Services, Facilities and Real Estate Comments

Schedule I - Toronto District School Board Comments

Schedule J - Economic Development, Culture and Tourism, Culture Division Comments

Schedule K - Consumers Gas Comments

Schedule L - Municipal Standards Comments

Schedule M - Rogers Cable Comments

Schedule N - Fire Services Comments

Schedule O - Works and Emergency Services, Development Services Comments

Schedule P - Economic Development, Culture and Tourism, Parks and Recreation Planning Division Comments

Schedule Q - Toronto Catholic District School Board Comments

Schedule R - Summary of Estimated Residents in the Downtown

Schedule S - Summary of Estimated Employees in the Downtown

Schedule "E"

Draft Official Plan Amendment 474

Authority: (Community Council/Committee) Report No., Clause No. , as enacted by Council on (Date)

Enacted by Council:

CITY OF TORONTO

Bill No.

OFFICIAL PLAN AMENDMENT No. 474

To amend City of North York Official Plan

in respect of lands municipally known as

5172 Yonge Street (Gibson House)

To adopt Amendment No. 474 of the Official Plan for the City of North York

WHEREAS authority is given to Council by the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

1. Amendment No. 474 to the Official Plan of the City of North York, consisting of the attached text and schedule, is hereby adopted.

2. This By-law shall come into force and take effect on the day of the final passing thereof.

ENACTED AND PASSED this day of , A.D. 1999

Mayor City Clerk

PREFACE AND EXPLANATORY NOTES

TO AMENDMENT NO. 474

TO THE OFFICIAL PLAN OF THE

CITY OF NORTH YORK

LANDS AFFECTED BY THIS AMENDMENT

This amendment concerns the lands located on the west side of Yonge Street north of Park Home Avenue. The municipal address is 5172 Yonge Street. The lands are also known as the Gibson House lands.

EFFECT OF AMENDMENT

The effect of this amendment would be to add a site specific policy to the North York Centre Plan which makes it clear that the lands currently designated Local Open Space (LOS) retain their density of 4.5 which may be transferred in whole or in part at a later date in accordance with the policies of the Official Plan. The intended use for these lands remains as a historical museum and open space.

PUBLIC MEETINGS

The North York Community Council considered Amendment Application UDZ-98-30 at a statutory public meeting held on __________, 1999, after written notice of such meeting had been sent to all persons assessed in respect of land and to all tenants within 120 metres of the subject lands and a notice was posted on the site during the 20 day notice period. It was North York Community Council's decision to recommend approval of the application.

A meeting to consider this matter was held by Council of the City of Toronto on _________, 1999. Council adopted the recommendation of the North York Community Council to approve the application.

On ___________, 1999, Council enacted By-law No.__________.

AMENDMENT NO. 474

TO THE OFFICIAL PLAN FOR THE

CITY OF NORTH YORK

The following text and schedule constitute Amendment No. 474 to the Official Plan of the City of North York.

ITEM 1

Clause 1

Map D.1.10 (Downtown Site Specific Policies) is amended by adding the lands municipally known as 5172 Yonge Street as 12.24 as shown in Schedule "A", attached.

Clause 2

Section 12 (Downtown Site Specific Policies) is amended by adding the following policy:

"12.24 Lands on the West Side of Yonge Street, Known as 5172 Yonge Street (Gibson House)

Despite the Local Open Space (LOS) designation of the lands, a density of 4.5 Floor Space Index is assigned to the land. The existing building at 5172 Yonge Street is considered to be a heritage building which is excluded from the calculation of density and, as such, will be retained.

The density assigned to this site may be transferred in whole or in part in accordance with Section 3.4 of this Secondary Plan subject to rezoning. A maximum of 4,552 m² of density may be transferred for the purposes of commercial, institutional, public parks, recreational, residential and transit terminal uses provided the density transferred from this donor site for residential purposes does not exceed 2,276 m²."

Schedule "F"

Draft Zoning By-law

Authority: North York Community Council Report No.__Clause No.__ , as enacted by Council on _____________.

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No.

To amend City of North York By-law No. 7625

in respect of lands municipally known as

5200 and 5172 Yonge Street

To amend City of North York By-law No. 7625

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

1. Schedules "B" and "C" of By-law No. 7625 of the former City of North York are amended in accordance with Schedule "1" of this By-law.

2. Section 64.23 of By-law No. 7625 of the former City of North York is amended by adding the following subsection:

"64.23(94) C1(94)

DEFINITIONS

Gross Floor Area (a) For the purposes of this exception, Gross Floor Area shall mean the total of the areas of all of the floors, measured between the outside of the exterior walls of the building at the level of each floor, including any areas used as balconies measured to the outside edges of the balcony floors, but excluding:

(i) Mechanical Floor Area;

(ii) any area used for motor vehicle access or underground parking.

Mechanical Floor Area (b) For the purposes of this exception, Mechanical Floor Area shall mean the floor area within a building that is used exclusively for the accommodation of mechanical equipment necessary to physically operate the building such as heating, ventilation, air conditioning, electrical, plumbing, fire protection and elevator equipment.

Net Site (c) For the purposes of this exception, Net Site shall mean the gross site minus any lands that have been conveyed to the City of North York for roads or road widenings.

Apartment House Dwelling (d) For the purposes of this exception, Apartment House Dwelling shall mean a building containing more than four (4) dwelling units, each unit having access either from an internal corridor system or direct access at grade, or any combination thereof.

Relevant Residential (e) For the purposes of this exception, relevant Residential Property

Property Line Line shall mean the eastern limits of Lot 29 on Registered Plan 3967, Lots 24 and 11 on Registered Plan 5088 and Block 4 on Registered Plan 2097.

PERMITTED USES

(f) None of the uses permitted in the C1 zone shall apply. The following uses only shall be permitted:

apartment house dwellings,

automatic laundry shops,

banks,

banquet halls,

billiard parlours,

bowling alleys,

branches of financial institutions,

business and professional offices,

clubs,

commercial schools,

community meeting spaces,

custom workshops making articles or products to be sold at retail on the premises,

day nurseries,

dry-cleaning and laundry collecting establishments,

personal service shops,

professional medical offices,

recreational and commercial recreational uses,

restaurants,

retail stores,

service shops,

studios,

synthetic dry-cleaning establishments,

theatres.

QUALIFICATIONS TO BE COMPLIED WITH IN THE C1(94) ZONE

First Floor Uses (g) The only permitted uses on the first floor level along the Yonge Street frontage shall be:

circulation areas,

custom workshops making articles or products to be sold at retail on the premises,

office lobbies,

personal service shops,

restaurants, and

retail stores.

Yonge Street Frontages (h) All of the uses in 64.23(94)(g) except for office lobbies shall have a maximum width of frontage of 14 metres on Yonge Street.

(i) Office lobbies shall have a maximum width of frontage of 6 metres on Yonge Street.

EXCEPTION REGULATIONS

(j) GROSS FLOOR AREA

The maximum permitted total "Gross Floor Area" as defined in 64.23(94)(a) shall be the sum of:

Net Site (i) a gross floor area of 20,664 m², attributable to the net site of which up to a maximum of 50% may be used for residential purposes; and

Recreation Facilities Exemption (ii) a gross floor area of a maximum of 2,111 m², to be used only for recreational and commercial recreational facilities; and

First Floor Retail Exemption (iii) a gross floor area of a maximum of 773 m², to be used only for first floor retail uses; and

Below Grade Retail Exemption (iv) a gross floor area of a maximum of 1,295 m², to be used only for below-grade retail uses.

(k) HEIGHT

(i) The maximum building height in storeys shall be as shown on Schedule "C1(94)";

(ii) The maximum height above established grade of all buildings and structures shall not exceed the horizontal distance between the building or structure, or portion thereof, and the Relevant Residential Property Line. For the purposes of this subsection only, "height" shall include all mechanical penthouses or other roof top structures;

(iii) Buildings located greater than 75 metres from the Relevant Residential Property Line may have a building height that is a maximum of three storeys greater than the building height shown on Schedule "C1(94)", provided that the building is served by continuous underground weather protected connections to a subway station.

(l) RESIDENTIAL UNITS

(i) A maximum of 120 dwelling units shall be permitted.

(ii) A minimum of 25 percent of the total number of dwelling units that are located within buildings containing not less than 20 dwelling units shall have a maximum gross floor area of 70 m² for a one bedroom unit, 80 m² for a two bedroom unit and 120 m² for a three bedroom unit.

(m) RECREATIONAL SPACE

(i) A minimum of 1.5 m² per dwelling unit of indoor recreational amenity area shall be provided; and

(ii) A minimum of 1.5 m² per dwelling unit of outdoor open space shall be provided; and

(n) PARKING

Parking spaces shall be provided in accordance with the following:

(i) For all non-residential uses there shall be:

(A) A minimum of 0.9 parking spaces per 100 m² of gross floor area; and

(B) A maximum of 1.3 parking spaces per 100 m² of gross floor area.

(ii) For all residential uses there shall be:

(A) A minimum of 1.0 parking spaces per dwelling unit of which 0.1 parking spaces per dwelling unit is for visitor use; and

(B) A maximum of 1.2 parking spaces per dwelling unit of which 0.1 parking spaces per dwelling unit is for visitor use.

(o) DIVISION OF LANDS

The provisions of this By-law shall apply collectively to the lands shown as C1(94) notwithstanding their division into two or more parcels.

3. Section 64.23 of By-law No. 7625 is amended by adding Schedule C1(94) attached to this by-law.

4. By-laws 33132 and 31953 are hereby repealed.

ENACTED AND PASSED this day of , A.D. 1999.

Mayor City Clerk

Mr. Leith R. Moore, Vice-President, Landtactix (Sam-Sor Enterprises) appeared before the North York Community Council in connection with the foregoing matter, on behalf of the applicant and he indicated that the applicant concurred with the staff recommendations.

(A copy of Schedules G to S referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

(City Council on June 9, 10 and 11, 1999, amended this Clause by striking out the recommendations embodied in the report dated May 6, 1999, from the Acting Director, Community Planning, North District, and inserting in lieu thereof the following recommendations embodied in the supplementary report dated June 1, 1999, from the Commissioner of Urban Planning and Development Services, to implement the recommendations of the North York Community Council to reduce the height of the mixed use building from seven storeys to six storeys (Changes to the report dated May 6, 1999, from the Acting Director, Community Planning, North District are highlighted in bold):

"It is recommended that:

(1) for the purpose of clarity, the Sheppard West/Dublin Secondary Plan be amended so as to allow a site specific policy for the property at 906 Sheppard Avenue West, to permit the stacking of density on the southern portion of the site, as long as the total density of the site does not exceed a FSI of 2;

(2) the C1 zoning on the northern 29.3 metres of the site be amended to a R6 exception zone as shown on Schedule 'E' to the report dated May 6, 1999, with the following exceptions:

(a) the minimum lot area of 350 square metres;

(b) the minimum front lot yard setbacks shall be 7.5 metres;

(c) the minimum rear lot yard setbacks shall be 7.5 metres; and

(d) for the corner lot, the side yard setbacks facing the street shall be 2 metres;

(3) the C1 zoning on the southern portion of the site be amended to a C4 exception zone as shown on Schedule 'E' to the report dated May 6, 1999, with the following exceptions:

(a) all of the uses in a C4 zone are permitted with the exception of medical office, restaurant and take-out restaurant;

(b) the maximum gross floor area of 6740 square metres shall be permitted of which a maximum of 588 square metres may be used for non-residential purposes at grade;

(c) the yard setback requirement shall be as set out on Schedule 'F', attached hereto;

(d) the maximum height of the building shall be as shown on Schedule 'F', attached hereto; and

(e) a 1.5 metre wide landscape strip shall be provided the length of the side lot line that abuts 247 Cocksfield Avenue;

(4) the conditions of the Works and Emergency Services, Transportation Services as set out in Schedule 'I' to the report dated May 6, 1999;

(5) the conditions of the Works and Emergency Services, Development Services as set out in Schedule 'J' to the report dated May 6, 1999;

(6) the conditions of the Economic Development, Culture and Tourism, Policy and Planning Section, as set out in Schedule 'K' to the report dated May 6, 1999;

(7) the conditions of the Medical Officer of Health, Environmental Health, as set out in Schedule 'L' to the report dated May 6, 1999;

(8) prior to the enactment of a Zoning By-law, the applicant shall receive site plan approval for the mixed use building;

(9) prior to the enactment of a Zoning By-law, a road closing by-law must be approved by City Council for the lands at the northeast corner of Sheppard Avenue West and Wilson Heights Boulevard and the applicant shall have purchased the surplus lands from the City; and

(10) prior to the enactment of a Zoning By-law, the applicant shall apply for and receive severance of the site into 1 block and 4 lots.")

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (May 6, 1999) from the Acting Director, Community Planning, North District, and for the reasons that the proposal is an appropriate use of lands, recommends that the application submitted by 1261075 Ontario Inc. (Tor-bel Group) regarding Zoning Amendment Application for 906 Sheppard Avenue West, be approved, subject to the conditions outlined in the referenced report and subject to the following additional recommendations:

(1) the building at the south elevation be reduced to six storeys to bring it in conformity with the density established by the Sheppard West/Dublin Secondary Plan, so that the building will be five storeys to the north and six storeys to the south;

(2) the other recommendations in the report be amended to reflect the change brought into effect by Recommendation (1) and the Commissioner of Urban Planning and Development Services be requested to provide a supplementary report outlining the amendments that will be required to bring the application into conformity with Recommendation (1); and

(3) the Commissioner of Urban Planning and Development Services submit the Supplementary Report directly to City Council for consideration at its meeting scheduled for June 9, 1999.

The North York Community Council reports having held a statutory public meeting on May 26, 1999, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (May 6, 1999) from the Acting Director, Community Planning, North District:

Purpose:

This is the final report on an application to amend the Sheppard West/Dublin Secondary Plan and the zoning by-law to permit the construction of a 5 and 7 storey condominium apartment building with grade related commercial on the southern portion of the site and 4 single family dwellings on the northern portion of the site, fronting onto Cocksfield Avenue.

Recommendations:

It is recommended that:

(1) for the purpose of clarity, the Sheppard West/Dublin Secondary plan be amended so as to allow a site specific policy for the property at 906 Sheppard Avenue West, to permit the stacking of density on the southern portion of the site, as long as the total density of the site does not exceed a FSI of 2;

(2) the C1 zoning on the northern 29.3 metres of the site be amended to a R6 exception zone as shown on Schedule "E" with the following exceptions:

(a) the minimum lot area of 350 square metres;

(b) the minimum front lot yard setbacks shall be 7.5 metres;

(c) the minimum rear lot yard setbacks shall be 7.5 metres; and

(d) for the corner lot, the side yard setbacks facing the street shall be 2 metres;

(3) the C1 zoning on the southern portion of the site be amended to a C4 exception zone as shown on Schedule "E" with the following exceptions:

(a) all of the uses in a C4 zone are permitted with the exception of a medical office and restaurant and take-out restaurant;

(b) the maximum gross floor area of 7445 square metres shall be permitted of which a maximum of 588 square metres may be used for non-residential purposes at grade;

(c) at least 25 percent of the total units will have a maximum net gross floor areas as indicated below:

3 bedroom units: 98 square metres

2 bedroom units: 82 square metres

1-bedroom units: 62 square metres

(d) the yard setback requirement shall be as set out on Schedule "F";

(e) the maximum height of the building shall be as shown on Schedule "F"; and

(f) a 1.5 metre wide landscape strip shall be provided the length of the side lot line that abuts 247 Cocksfield Avenue;

(4) the conditions of the Works and Emergency Services, Transportation Services as set out in Schedule "I" hereto;

(5) the conditions of the Works and Emergency Services, Development Services as set out in Schedule "J" hereto;

(6) the conditions of the Economic Development, Culture and Tourism, Policy and Planning Section, as set out in Schedule "K" hereto;

(7) the conditions of the Medical Officer of Health, Environmental Health, as set out in Schedule "L" hereto;

(8) prior to the enactment of a zoning by-law, the applicant shall receive site plan approval for the mixed use building;

(9) prior to the enactment of a zoning by-law, a road closing by-law must be approved by City Council for the lands at the north-east corner of Shepard Avenue West and Wilson Heights Boulevard and the applicant shall have purchased the surplus lands from the City; and

(10) prior to the enactment of a zoning by-law the applicant shall apply for and receive severance of the site into 1 block and 4 lots.

Background:

1.0 Proposal

In July 1998, the applicant submitted an rezoning application for permission to construct a five storey mixed use building containing 80 units and at a density of 2.03 FSI on lands located at the north east corner of Sheppard Avenue West and Wilson Heights Boulevard.

The proposal was presented to the community at a meeting held on November 3, 1998 at William Lyon MacKenzie Secondary School.

On March 10, 1999 the applicant submitted revised plans for a five and seven storey, 72 unit condominium apartment building with ground floor commercial and 6 single family dwellings fronting onto Cocksfield. The site can be enlarged by 426.48 square metres by including an unused portion of road allowance, which requires a road closing by-law, which will be reported on separately. The applicant has initiated the process to close the road and is negotiating with Corporate Services respecting the purchasing of the lands.

The pertinent statistics are as follows:

2.0 Location and Site:

This 0.43 ha. (1.06 ac.) site is located on the north-east corner of Sheppard Avenue West and Wilson Heights Boulevard. It is occupied by a former Esso Station, now used as an auto repair shop, on the south half of the site while the north half of the site is vacant.

3.0 Planning Controls:

3.1 Official Plan:

The site is within the Sheppard Dublin Secondary Plan and is designated Sheppard West Commercial (SW-COM). This designation provides for a wide mix of uses, including multiple-family residential, retail and service commercial, office and institutional. (Schedule A).

The Sheppard West Commercial designation permits a maximum density of 2 FSI, provided commercial uses does not exceed FSI 1.0.

In order to ensure compatibility with adjacent residential lands, the Secondary Plan limits buildings on lands designated SW-COM to a maximum height of the horizontal distance separating the building from the nearest residential property line that coincides with the Secondary Plan boundaries (i.e. 45 percent angular plane), provided the minimum separation distance is 9.5 metres.

Section 3.0 of the Secondary Plan also sets out various development criteria and urban design principles for new developments in the Sheppard West\Dublin area, which relate to matters such as creation of pedestrian-oriented streetscapes, location of buildings in relation to the street, boulevard treatment, buffering, signage, and promotion of underground parking.

The applicant's property represents all of the lands at the north-east corner that are designated SW-COM.

3.2 Zoning:

The site is zoned General Commercial (C1). This designation permits a range of residential and commercial uses with a FSI of 1.0. (Schedule B).

Discussion:

4.0 Other Department's Comments:

Works and Emergency Services, Development Services advises that the applicant is required to convey to the City a road widening at Wilson Heights Boulevard and Cocksfield Avenue, noted conditions with respect to storm water management, sanitary sewers, service connections and garbage collection. Additional comments are attached as Schedule "J"

Works and Emergency Services, Transportation Services advises the parking should comply with the zoning by-law standard, that the mixed use building requires one loading space and noted site plan issues. Additional comments are attached as Schedule "I"

Economic Development Culture and Tourism, Policy and Development advises that the applicant is required to provide a 2 percent and a 5 percent cash-in-lieu of parkland dedication for the commercial and the residential components, respectively. Furthermore, if there are any City boulevard trees existing, a boulevard tree survey will be required at the site plan stage to the satisfaction of the Commissioner of Economic Development Culture and Tourism. Additional comments are attached as Schedule "K".

Medical Officer of Health advises that there are no objections to this proposed application, provided that the conditions set out in the recommendation are met. Comments of the Medical Officer of Health are attached as Schedules "L" and "M".

5.0 Community Consultation:

The original proposal was presented to the community at a meeting held on November 3, 1998 at William Lyon MacKenzie Secondary School. The community's issues related to the location of the building in relation to Cocksfield Avenue, the proposed access onto Cocksfield Avenue from the site, design of the building, height and massing of the building and loss of privacy to the adjacent property owners along Cocksfield Avenue. At this community consultation meeting the community expressed its opposition to the proposed development. (Refer to Schedule "H").

Prior to holding community consultation meeting, a working group was set up which consisted of local councillors, residents living on Cocksfield Avenue and Sandale Gardens, and Planning staff. The working group identified issues relating to height, massing, number of units, overview, type of uses and buffering and provided options to resolve them. The working group and the applicant came very close to obtaining a proposed development that is acceptable to both parties. In the end the residents group supported a building 5 and 6 storeys in height with 4 single family dwellings fronting on to Cocksfield Avenue. The applicant submitted its application to the Ontario Municipal Board.

6.0 Planning Issues:

6.1 Mixed Use Building

6.1.1 Uses

The proposed residential and commercial uses are consistent with the intent of the planning policies for this site, which encourage a wide range of retail and service commercial, office, institutional and residential uses for sites located at major intersections.

The ground floor of the building is proposed for commercial use. Residents in the area raised concerns with the some of the permitted commercial uses such as restaurants, take-out restaurant and medical offices, therefore, as these uses may create adverse parking and traffic issues. The commercial parking provided is based upon the conventional parking demand of 1 spaces for 28 square metres of gross floor area, and has not anticipated commercial uses such as restaurants and medical offices which generate a higher rate. This report recommends that these uses not be permitted.

The applicant has agreed to provided 25 percent of the units with maximum net floor area in accordance with the provision of the Secondary Plan in order to provide affordable housing units. Affordable unit sizes are defined by size in the Secondary Plan.

6.1.2. Height and Massing

The height of the building is seven storeys along the Sheppard Avenue West frontage stepping down to five storeys toward the neighbourhood to the north. Shadows from the seven storey portion of the building will not impact the residential uses on Cocksfield Avenue. Compatibility criteria in the Plan requires that dwellings within the residential area should not experience significant reductions of sunlight resulting from the proposed development. As stated above, the height limit for SW-COM designation is determined by a 45 degree angular plan and a 9.5 metre setback measured from the adjacent residential property. Unlike a property designated MCR, which has an additional height limit of 5 storeys, in SW-COM this allows for the opportunity to mass more height at the intersection. The proposal conforms with the height limits outlined in the Secondary Plan. With the acquisition of the unused portion of road allowance, the building has been shifted further towards Sheppard Avenue. This further reduces the impact of the building's mass on the single family houses to the north-east on Cocksfield Avenue.

The building is also located to the street line along Wilson Heights Boulevard to encourage pedestrian activities along the street and at the corner of Sheppard Avenue. In order to provide for a continuous built form along Sheppard Avenue West, the recommended building envelope allows for the retail and service commercial component to extend along Sheppard Avenue West to the east side of the site. If the applicant wishes to take advantage of this recommended change, it can be dealt with through the site plan process.

The Secondary Plan limits the density of buildings to a FSI of 2. The total proposed density for the site is FSI 1.95. Once the lot is severed to create the mixed use lot and the residential lots, the net density on the mixed use lot will be will be marginally above the Secondary Plan level. This report recommends an amendment to the Secondary Plan to recognize the stacking of the density, since the development was redesigned to create single family dwellings to the north, to act as a buffer to the existing residential uses. The density for the entire site is still less than the FSI of 2 that is permitted in the Plan.

6.1.3 Parking and Access

The applicant proposes 128 parking spaces (86 in an underground garage and 42 surface spaces at the rear of the building). 108 of the spaces will be for the exclusive use of the residents and their visitors and 20 spaces will be for the commercial uses. This complies with the number of spaces required by the Zoning By-law and the location of the spaces complies with the Secondary Plan, Section 3.2.2 which states that new parking facilities shall generally be located either in underground garages or in parking lots at the rear of the building.

The Secondary Plan also encourages the consolidation of vehicular access points to maximize the efficiency of traffic movement and to promote a safer pedestrian environment. The applicant is proposing one access point to the parking and loading facilities from Wilson Heights Boulevard. This revision to the original plan, with the access from Wilson Heights Boulevard, reduces traffic on Cocksfield Avenue, one of the concerns raised by the residents in the area.

6.2 Single Family Dwellings

The applicant has proposed 6 single family houses along Cocksfield Avenue, as a continuation of the street's existing built form and to provide a buffer for the existing residents from the proposed mixed use building. To maintain a similar built form that exists in the area, this report recommends that the number of single family houses should be reduced from 6 to 4 in order to make the lot frontages more in keeping with existing lot frontages in the area. The lot frontage on the south side of Cocksfield Avenue, east of the site range from 16.15 to 16 .23 metres. On the north side the range is 11.72 to 20.73 metres. The applicant will be required to apply for a land severance through the Committee of Adjustment in order to create the new single family dwelling lots.

This report recommends that the northern 29.3 metres of the lot be zoned R6. It also recommends amendments to the R6 zone provisions relating to lot area and front and rear yard setbacks to permit the proposed houses. The normal front yard setback in a R6 zone is 6.0 metres, but to maintain the similar setback as already exists along Cocksfield Avenue, this report recommends a 7.5 metre front yard setback.

6.4 Site Plan:

This mixed use proposal is also subject to Site Plan Control under Section 41 of the Planning Act. The applicant has submitted an application and the application is currently in circulation. Detailed issues relating to streetscape improvements, appropriate buffering measures, such as fencing and extensive landscaping and parking layout will be addressed through the Site Plan process. The Secondary Plan contains Urban Design Guidelines as set out in Schedule "O", that outlines criteria to be used while reviewing new developments.

6.5 Site Conditions:

The Secondary Plan contains policies with respect to sites that may have been contaminated by previous uses, and this site has been identified as a potential soil contaminated property because of its prior use as a gas station. The applicant has submitted the necessary studies required under the Ministry of the Environment Guidelines for contaminated sites. A peer review has been conducted on the applicant's environmental studies. Any approval of residential use on this property will be conditional on a Record of Site Condition acknowledged by Ministry of the Environment and secured on title through the site plan process.

Conclusions:

The proposal for a 5 and 7 storey building with ground floor retail and single family dwellings along Cocksfield Avenue is in conformity with the Official Plan's Sheppard West/Dublin Secondary Plan with respect to land use and built form. However, this report recommends that the number of single family dwellings along Cocksfield Avenue be reduced from 6 to 4 in order to create larger lots that are more in keeping with the single family dwellings along Cocksfield Avenue.

Issues relating to the landscaping of the site, buffering and parking layout will be addressed at the site plan approval stage. The applicant will be required to purchase the surplus lands from the City prior to the enactment of the zoning by-law by Council.

Contact Name:

Paul Byrne

North York Civic Centre

Telephone: (416) 395-7105

Fax: (416) 395-7155

E-mail: pbyrne@toronto.ca

Schedules

A Official Plan Map

B Zoning Map

C Site Plan

C1 Planning's Recommended Site Plan

D Elevations

E Draft Zone Districts

F Maximum Height Restrictions

G Angular Plan and Setback

H Public Consultation Minutes

I Works and Emergency Services, Transportation Services

J Works and Emergency Services, Development Services

K Economic Development, Culture an Tourism, Policy and Planning Section

L Medical Officer of Health, Public Health (December 7, 1998)

M Medical Officer of Health, Public Health (March 19, 1999)

N Toronto Catholic District School Board

O Design Guidelines (Sheppard West Secondary Plan)

The North York Community Council also reports having had before it the following communications:

(i) (May 25, 1999) from Mr. Joe Regilio, advising of his support for the application;

(ii) (May 25, 1999) from Mr. Jerry Piccirilli, in support of a seven-storey condominium and requesting an opportunity to address the North York Community Council;

(iii) (May 25, 1999) from Ms. Carmela Zentena, in support of the application;

(iv) (undated) from Ms. Margaret Scilopotti, in support of a 7 storey condominium building and requesting an opportunity to address the North York Community Council;

(v) (undated) from Ms. Lucy Sartori, in support of the application and requesting an opportunity to address the North York Community Council;

(vi) (undated) from Ms. Cindy Sanelli, advising of her support for a seven storey building;

(vii) (May 24, 1999 and May 11, 1999) from Frank and Maria Cifelli, outlining their concerns and objections with the proposed development;

(viii) (May 10, 1999) from Mr. Frank Loconte, advising of his opposition to the application; and

(iv) (May 7, 1999) from Mr. George Iadipaolo and Mr. John Giangrande, on behalf of the working group of the adjacent Cocksfield Avenue residents, advising of their objection to the proposed development and forwarding a list of issues that should be addressed prior to the application being approved.

A staff presentation was made by Mr. Paul Byrne, Planner, Community Planning, North District.

The following person appeared before the North York Community Council in connection with the foregoing matter:

- Ms. Margaret Scilopotti, who spoke in support of the proposed development;

- Mr. Joe Regilio, who spoke in support of the application. In his opinion the proposed development would enhance the area;

- Mr. Jerry Piccirilli, who expressed his support for the proposed development because it would improve the appearance of the subject property;

- Ms. Lucy Sartori, who spoke in support of the application and who indicated that the development proposed would significantly improve the appearance of the subject site;

- Mr. George Iadipalo, who spoke in opposition to the proposed development. His primary objections were with respect to the density and height of the proposed development and overview due to the proximity of his property to the subject site;

- Mr. John Giangrande, who spoke in opposition to the application. His primary objections were with respect to loss of privacy, density and height of the proposed building. He was also concerned about the proposed 1.5 buffer strip between the subject site and adjoining properties and requested that this buffer strip be increased to 2.5 metres in order to ameliorate the negative impact of this development.

- Ms. Helen Giangrande, who expressed her opposition to the proposed development. She also indicated that she agreed with the concerns expressed by John Giangrande.

- Mr. Valentino Iadipaolo, who expressed his concerns with the proposed development. During his submission, he indicated that in his opinion, the proposed development, given its mass and bulk is an intrusion into the residential neighbourhood. Also, the proposed dwellings are not in conformity with the pattern of development in the area and the applicant should consider revising his plans in order to reflect dwellings that would be more compatible. Insofar as the building was concerned, he was of the opinion that it should also be redesigned so that it is more compatible with other buildings along Sheppard Avenue which are predominantly five storeys in height.

- Mr. Gondor, who indicated that his primary concerns were with respect to height of the proposed building, children's safety as a result of increased traffic on Cocksfield Avenue; soil contamination; insufficient parking and the lack of property amenities for the elderly and children that would be residing in the proposed development. He concluded by stating that the proposed building should not be any greater than five storeys in height.

- Mr. Nick Sampogna, on behalf of the applicant, who commented on the merits of the application. In his opinion, the proposal is in conformity with the setbacks, density and height restrictions of the Sheppard West/Dublin Secondary Plan. He also indicated that the applicant has worked closely with the planning staff and the residents to arrive at a proposal that would be acceptable to all parties. While the applicant concurred with the staff recommendations, if the matter proceeds to a hearing at the Ontario Municipal Board, the applicant would reserve his right for a six-storey building rather than reducing the number of single family dwellings from six to four.

A recorded vote on the recommendations moved by Councillor Moscoe, North York Spadina, was as follows:

FOR: Councillors Mammoliti, Sgro, Li Preti, Moscoe, Augimeri, Flint, Filion, Minnan-Wong, King

AGAINST: Councillors Feldman, Berger, Gardner, Chong

ABSENT: Councillor Shiner

Carried

(City Council on June 9, 10 and 11, 1999, had before it, during consideration of the foregoing Clause, the following report (June 1, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

This is a supplementary Report to the Final Report on an application to amend the Sheppard West/Dublin Secondary Plan and the zoning by-law to permit the construction of a five and seven storey condominium apartment building with grade related commercial on the southern portion of the site and four single family dwellings on the northern portion of the site. North York Community Council at its meeting of May 26, 1999, adopted the recommendations in the Final Report, subject to the following additional recommendations:

(1) the building at the south elevation be reduced to six storeys to bring it in conformity with the density established by the Sheppard West/Dublin Secondary Plan, so that the building will be five storeys to the north and six storeys to the south;

(2) the other recommendations in the report be amended to reflect the change brought into effect by Recommendation (1) and the Commissioner of Urban Planning and Development Services be requested to provide a supplementary report outlining the amendments that will be required to bring the application into conformity with Recommendation (1); and

(3) the Commissioner of Urban Planning and Development Services submit the Supplementary Report directly to City Council for consideration at its meeting scheduled for June 9, 1999.

The following Recommendations have been prepared in response to this North York Community Council direction.

Recommendations:

In the event Council decides to implement the North York Community Council direction to reduce the height of the mixed use building from seven storeys to six storeys, Council should adopt the revised set of Recommendations below. Changes are highlighted in bold.

(1) For the purpose of clarity, the Sheppard West/Dublin Secondary Plan be amended so as to allow a site specific policy for the property at 906 Sheppard Avenue West, to permit the stacking of density on the southern portion of the site, as long as the total density of the site does not exceed a FSI of 2.

(2) The C1 zoning on the northern 29.3 metres of the site be amended to a R6 exception zone as shown on Schedule "E" to the report dated May 6, 1999, with the following exceptions:

(a) the minimum lot area of 350 square metres.

(b) the minimum front lot yard setbacks shall be 7.5 metres.

(d) the minimum rear lot yard setbacks shall be 7.5 metres.

(e) for the corner lot, the side yard setbacks facing the street shall be 2 metres.

(3) The C1 zoning on the southern portion of the site be amended to a C4 exception zone as shown on Schedule "E" to the report dated May 6, 1999, with the following exceptions:

(a) All of the uses in a C4 zone are permitted with the exception of medical office, restaurant and take-out restaurant.

(b) The maximum gross floor area of 6740 square metres shall be permitted of which a maximum of 588 square metres may be used for non-residential purposes at grade.

• The yard setback requirement shall be as set out on Schedule "F",attached hereto.

(d) The maximum height of the building shall be as shown on Schedule "F", attached hereto.

(e) A 1.5 metre wide landscape strip shall be provided the length of the side lot line that abuts 247 Cocksfield Avenue.

(4) The conditions of the Works and Emergency Services, Transportation Services as set out in Schedule "I" to the report dated May 6, 1999;

(5) The conditions of the Works and Emergency Services, Development Services as set out in Schedule "J" to the report dated May 6, 1999;

(6) The conditions of the Economic Development, Culture and Tourism, Policy and Planning Section, as set out in Schedule "K" to the report dated May 6, 1999;

(7) The conditions of the Medical Officer of Health, Environmental Health, as set out in Schedule "L" to the report dated May 6, 1999;

(8) Prior to the enactment of a zoning by-law, the applicant shall receive site plan approval for the mixed use building.

(9) Prior to the enactment of a zoning by-law, a road closing by-law must be approved by City Council for the lands at the north-east corner of Sheppard Avenue West and Wilson Heights Boulevard and the applicant shall have purchased the surplus lands from the City.

(10) Prior to the enactment of a zoning by-law the applicant shall apply for and receive severance of the site into 1 block and 4 lots.

Comments:

These revised recommendations incorporate North York Community Council's direction to reduce the height of the building by the removal of the seventh floor whereas the planning report recommended seven storeys. The North York Community Council recommendations to reduce the height are in response to community concerns raised at the statutory public meeting.

Contact Name:

Paul Byrne

North York Civic Centre

Telephone: (416) 395-7105

Fax: (416) 395-7155

E-mail: pbyrne@toronto.ca)

(City Council on June 9, 10 and 11, 1999, adopted this Clause, without amendment.)

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (May 12, 1999) from the Acting Director, Community Planning, North District, and for the reasons that the proposal is an appropriate use of lands, recommends that the application submitted by Bearpoint Group Inc. regarding Draft Plan of Subdivision for 50 and 60 Oak Street, be approved, subject to the conditions outlined in the report and subject to the following:

(1) that the conditions of the draft plan of subdivision permit a 18.5 metre road allowance for Street "B"; and

(2) that the street names be determined in consultation with the developer and the local Pelmo Park Community, including the students of Pelmo Park School; and that the suggested street names be subject to the usual technical requirements of the City for naming streets.

The North York Community Council reports having held a statutory public meeting on May 26, 1999, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (May 12, 1999) from the Acting Director, Community Planning, North District:

Purpose:

The purpose of this report is to recommend draft plan of subdivision approval at 50 and 60 Oak Street. The proposal is to permit the development of this 8.47 hectare (20.96 acres) site with 83 single detached dwellings, 59 freehold townhouse units, and low-impact industrial uses located along the Oak Street frontage. The red-lined draft plan of subdivision is shown on Schedule "C". Notice for a public meeting on the draft plan of subdivision has been given for the May 26, 1999 Community Council Meeting.

Recommendations:

It is recommended that the subdivision application be draft plan approved, subject to the conditions directed by Council at its meeting of December 16 and 17, 1998, which will be secured through the subdivision agreement with the owner, and subject to the following conditions:

(1) that this approval applies to the draft plan of subdivision prepared by Schaeffer and Dzaldov Limited, dated May 10, 1999 (Drawing number 98096-2F), all as shown revised on Schedule "C" to this report to show 83 one family detached lots, 3 multiple family residential townhouse blocks, 2 park blocks, and 1 industrial block;

(2) that Streets 'A', 'B' and 'C' shall be dedicated as public highway on the final plan;

(3) that Blocks 88 and 89 shall be conveyed to the City as public parkland free and clear of all encumbrances;

(4) that Block 90 shall be dedicated as public walkway, free of all encumbrances, on the final plan;

(5) that Block 91 be dedicated and shown on the final plan as a municipal 0.3m reserve;

(6) that prior to final approval and registration of this plan, the owner shall agree in the subdivision agreement, in wording satisfactory to the Medical Officer of Health and to the City Solicitor, to carry out or cause to be carried out the Recommendations of the Report prepared by Gartner Lee Limited titled Evaluation of the MacMillan Bloedel Property at 50 Oak Street in Weston, Ontario for Residential / Parkland Land Use dated June 1998, and the Recommendations of the Report prepared by Angus Environmental Limited titled Peer Review Comments for 50 and 60 Oak Street dated October 1998, and any addendums to these reports as may be required by the City for the remediation of soils at this site. Further, the owner shall agree in the subdivision agreement with the City to submit a Record of Site Condition, acknowledged by the Ministry of Environment, prior to issuance of any building permits on the site;

(7) that prior to final approval and registration of this plan, the owner shall agree in the subdivision agreement, in wording satisfactory to the Director, Community Planning, North District to carry out or cause to be carried out the landscape plans prepared by John D. Bell Associates Limited, dated May 4, 1999, (drawing number 50-600AKST-TTL.dwg) or any addendums to these plans as may be required by the City, all of which shall be prepared to the satisfaction of the Director, Community Planning, North District, and the Commissioner of Economic Development, Culture and Tourism;

(8) that the owner grant all easements as may be required for the provision of services and utilities to the authority having jurisdiction;

(9) that the owner grant an emergency access easement of a minimum 6.0 metres to the satisfaction of the Director of Transportation Services - District 3, Works and Emergency Services;

(10) that prior to final approval and registration of this plan, the owner shall agree in the subdivision agreement, in wording satisfactory to the Medical Officer of Health and to the City Solicitor, to carry out or cause to be carried out the Recommendations of the Report prepared by Jade Acoustics Incorporated titled Environmental Noise and Vibration Feasibility Assessment, dated May 4, 1999, and any addendums to these reports as may be required by the City for the abatement of noise and vibration control. Further, the owner shall agree in the subdivision agreement with the City to provide warning Notices in all Offers of Purchase and Sale Agreements in wording satisfactory to the City;

(11) the Standard Conditions of Approval of Council (Schedule E);

(12) the conditions of Economic Development, Culture and Tourism (Schedules F1, F2 and F3);

(13) the conditions of the Technical Services Division, Works and Emergency Services (Schedules G1, G2 and G3);

(14) the conditions of the Transportation Services Division, Works and Emergency Services (Schedules H1, H2 and H3);

(15) that prior to final approval and registration of this plan, the owner shall agree to carry out or cause to be carried out the Canadian Pacific Railway's Principle Main Line Requirements to the satisfaction of the Director, Community Planning, North District, and the Canadian Pacific Railway (Schedule I);

(16) that prior to final approval and registration of this plan, the owner shall agree to carry out or cause to be carried out the construction of a landscaped berm and an acoustical wall along the lands that abut the railway, including a safety wall adjacent to Block 89, and prepare suitable plans and drawings for such berm and walls all to the satisfaction of the Director of Community Planning, North District, and the Canadian Pacific Railway; and

(17) that prior to final approval and registration of this plan, the owner shall prepare a composite utility plan demonstrating that all utilities are able to be accommodated within the boulevard space shown on the final plan, all to the satisfaction of the Director, Community Planning, North District, and the affected utility corporations.

Notes to Draft Approval

(a) Toronto Hydro is to confirm that the Owner has made satisfactory arrangements to enter into an underground supply agreement with Toronto Hydro.

(b) Bell Canada is to confirm that the Owner has made satisfactory arrangements, financial and otherwise, with Bell Canada for any Bell Canada facilities serving this draft plan of subdivision which are required by the City to be installed underground; and if there are any conflicts with existing Bell Canada facilities or easements, the Owner shall be responsible for rearrangements or relocation.

(c) The Enbridge Consumers Gas standard clearances of 0.3 metre minimum vertically and 0.6 horizontally are to be maintained.

Background:

Proposal:

The subject property was previously occupied by the MacMillan Bloedel lumber yard . The proposal is to permit a plan of subdivision consisting of single detached dwellings and freehold townhouse units, to be developed north of an M1 zone along the Oak Street frontage, which permits a range of business, light manufacturing, and institutional uses.

The official plan and zoning amendment applications were approved by Council at its meeting of December 16 and 17, 1998. Official Plan Amendment No. 471 was adopted by Council at its meeting on April 13, 14 and 15, 1999, and the Notice of Decision appeal period ends May 18, 1999. One of the conditions of approval by Council in December 1998 was that the applicant shall obtain draft plan approval of a plan of subdivision prior to the enactment of the zoning bylaw.

The pertinent statistics in the proposed draft plan are cited in the following table.

Note: minor adjustments in area for single detached dwellings, industrial uses, and streets are expected due to redlining.

Location and Existing Site:

The site is located south of Highway 401, on the north side of Oak Street, east of Weston Road between the Canadian Pacific Railway line and Galewood Drive. The site is located in the Pellatt Avenue Business Park and was occupied by a manufacturing operation, MacMillan Bloedel. Residential uses such as semi-detached dwellings and single family dwellings are located to the east and southeast of the site. Pellatt Park is located to the north of the site.

There are existing industrial uses to the south and west. In particular, the Visioneering Corporation, which is a stable and viable manufacturing operation, is located directly south across Oak Street.

Official Plan and Zoning:

OPA 471 redesignates most of the lands as RD2 and LOS, while the Oak Street frontage remains designated as Industrial (IND). The current zoning for the entire site is M2(56) (Industrial Zone Two, Exception 56), permitting primarily industrial employment uses. The Official Plan designations and the current zoning of this site and surrounding lands are shown on Schedules "A" and "B".

The zoning amendment application requests a change in zoning from M2(56) to an R7 exception zone for the single family detached dwellings (Lots 1 to 83 inclusive), an RM1 exception zone for the townhouses, O1 for the proposed parks, and M1 for the industrial uses. The proposed zoning amendment, including an exception for the M1 zone to prohibit public self-storage, place of worship, club and automotive repair shop, as directed by Council, will be enacted once the plan of subdivision has received draft approval.

Comments:

Other Department and Agency Comments:

The Economic Development, Culture and Tourism Department, Policy and Development Division advises that the applicant meets the required 5 percent parkland dedication requirement. The applicant will be required to provide a landscaping plan, subject to the Commissioner of Economic Development, Culture and Tourism, which addresses landscaping treatment along the crash wall and acoustical fence abutting the park. The Department's comments are contained in three memoranda attached as Schedule "F".

The Technical Services Division of the Works and Emergency Services Department has provided several conditions, and has indicated that a reduced right-of-way width, from 20 metres to 18.5 metres is acceptable for Street 'C' and for the cul-de-sac portion of Street 'A', north of its northernmost intersection with Street 'B'. This Division also advises that remediation of the hydrocarbon impacted soils must be conducted prior to any municipal servicing commencing to facilitate the proposed land use. The Division's comments are contained in three memoranda attached as Schedule "G".

The Transportation Services Division of the Works and Emergency Services Department cites requirements for the paying for the installation of signage, the provision of public sidewalks, and emergency access across the industrial block between Street 'B' and Oak Street. The Division's comments are contained in three memoranda attached as Schedule "H".

Canadian Pacific Railway advises that the applicant is required to meet CPR's standard requirements for residential developments adjacent to existing CPR lines. These requirements include a non-development zone of 30 metres adjacent to their railway right-of-way, which is included in the zoning that has been approved in principle. CPR's standard conditions are included in this report's recommended conditions of draft plan approval (refer to Schedule "I").

Comments from Toronto Hydro, Bell Canada, and Enbridge Consumers Gas, are attached as Schedules "J", "K" and "L", respectively.

The Toronto District School Board anticipates the students from the proposed development currently can be accommodated at local schools and does not indicate any objection to the proposal (refer to Schedule "M").

The Toronto Catholic District School Board objects to the proposed plan of subdivision due to lack of permanent facilities and overcrowding at local schools (refer to Schedule "N").

Community Consultation:

A community meeting was held on June 25, 1998 with the local councillors and a number of land owners from the area in attendance. The main issue discussed was with regard to the road design. The local ratepayer association, Pelmo Community Park Community Association, has stated in a letter to the applicant that they prefer a site design which does not extend any new street through to Pellatt Avenue. The proposed road design does not extend Pellatt Avenue (refer to Schedule "C").

At the statutory Public Meeting for the official plan and zoning amendment application on December 9, 1998, Community Council recommended that prior to final approval of the plan of subdivision the applicant shall fund the construction of two bocce courts in Pelmo Park and half the cost of installing the traffic calming measures approved for Wendell Avenue, Gary Drive and Yelland Street. City Council adopted these conditions at its meeting of December 16 and 17, 1998. These requirements of Council continue to apply.

Discussion:

A list of principles of development for draft plan approval was included in the final report for the official plan and zoning amendment application, dated November 26, 1998, and is attached as Schedule "D" to this report. A description as to how each of these principles has been satisfied is outlined below.

Draft Plan of Subdivision

The draft plan of subdivision originally referenced in the November 26, 1998 report has been revised and further red-lined as shown on Schedule "C". The draft plan approval will now apply to the draft plan of subdivision prepared and certified by Schaeffer and Dzaldov Limited, Ontario Land Surveyors, dated May 10, 1999 (drawing number 98096-2F), red-lined by widening the right-of-way proposed for Street 'B' to 20 metres.

Environmental Conditions

The applicant is required to demonstrate to the satisfaction of the City and MOE that environmental concerns related to the introduction of residential uses on this industrial site have been addressed.

The environmental site assessment reports that have been submitted in support of the application have been evaluated by a peer review consultant retained by the City. The peer review report concurs that the site is suitable for the proposed mix of uses. The associated comments of the Works and Emergency Services Department is are contained in Schedule "G3". The suitability of the soil conditions to accommodate the proposed residential and park land uses should be verified by a record of site condition at the appropriate time, and acknowledged by the Ministry of Environment prior to the issuance of any building permit.

A noise and vibration feasibility study has been submitted by the applicant to address potential noise and vibration impacts. The consultants conclude that vibration mitigation is not needed, but that due to road, rail, aircraft and industrial noise, acoustical abatement and alternate means of ventilation, as well as warning clauses in Offer of Purchase and Sale agreements, are recommended. The Public Health Department has reviewed the consultants' report and concurs that the proposed development is feasible with such actions, and recommends that a detailed noise and vibration report be provided once final grading plans are completed (refer to Schedule "O").

Copies of the environmental reports are available for review in the offices of the Community Planning Division, North District, during normal office hours.

At the public meeting for the official plan and zoning amendment application on December 9, 1998, the owner of Visioneering, a manufacturer of lighting equipment at 35 Oak Street, stated that he was concerned the proposed development may place limitations on the company's operations as a result of more stringent vibration and noise controls. The applicant has recently indicated they are now in negotiations to sell the subject site's industrial portion fronting on Oak Street to Visioneering (refer to letter dated April 13, 1999, attached as Schedule "P").

Easements

The applicant, through the execution of the subdivision agreement, will be required to grant any necessary easements for all required utilities and services to the authority having jurisdiction.

Standard Conditions of Approval

The applicant, through the execution of the subdivision agreement, will be required to satisfy of the standard conditions of approval as set out in Schedule "E".

Location of Park

The preferred location of the proposed park has been settled between the applicant and the City. The preferred location is Block 89 shown on the draft plan of subdivision dated May 10, 1999. As a condition in the subdivision agreement, the applicant will be required to convey Block 89 to the City, as well as lands for a parkette (Block 88), to satisfy the parkland dedication requirements.

Road Allowance

The applicant and the Works and Emergency Services Department have agreed on a reduction to the road allowance from 20 metres to 18.5 metres for the northern portion of Street 'A' and all of Street 'C'. The draft plan also proposed 18.5 metre road allowances for the east-west legs of Street 'B', but this would not comply with Council policy, so the draft plan has been red-lined as shown on Schedule "C" to this report to stipulate that all of Street 'B' shall have a 20 metre right-of-way.

Secondary Emergency Access

A secondary emergency access is necessary from Oak Street into the subdivision to ensure that emergency vehicles have an alternate route into the subdivision in case Street "A" is blocked. The applicant will be required to grant an easement across the industrial lands fronting onto Oak Street to the City. The width of the easement must be no less than 6 metres.

Landscape Plan

The applicant has submitted a landscape plan for the entire site prepared by John D. Bell Associates Limited. The landscape plan includes the tree preservation plan. The landscape plan shall be approved to the satisfaction of the Director, Community Planning Division, North District, and the Commissioner of Economic Development, Culture and Tourism, prior to the plan of subdivision being granted final approval. Copies of the landscape plan are available for review in the offices of the Community Planning Division, North District, during normal office hours.

Further to the direction of Council at its meeting of December 16 and 17, 1998, a review of the location and design of the proposed townhouses and industrial buildings will be completed through the site plan approval process.

Technical Grading Analysis

As part of the applicant's Engineering submission, a technical grading analysis has to be submitted and coordinated with staff in the Planning Department to finalize building heights and established grade.

Canadian Pacific Railway

The applicant, as a condition of draft approval, will be required to consult with Canadian Pacific Railway on the construction of a landscaped berm along the lands that abut the railway and an impact wall adjacent to Block 89.

Utilities

Conditions relating to the utilities such as Bell Canada, Consumers Gas and Toronto Hydro will be set out as draft conditions and incorporated as conditions in the subdivision agreement.

Conclusions:

Draft plan approval for this subdivision, with the conditions cited in this report, will enable the applicant to proceed to satisfy the requirements of the City and relevant agencies, and to implement the official plan amendment adopted by Council last month. The zoning which has been approved will be enacted once the plan of subdivision has received draft plan approval.

Contact Name:

Alan Theobald, Senior Planner Telephone: (416) 395-7166

Schedules:

A - Official Plan Designations, as amended by OPA No. 471.

B - Current Zoning.

C - Proposed Draft Plan of Subdivision, showing red-lined revisions.

D - Principles of Development for Draft Plan Approval, originally attached as Appendix "A" to the Planning Report dated November 26, 1998, and approved by Council at its meeting of December 16 and 17, 1998.

E - Standard Conditions of Draft Plan Approval.

F1,2,3 Three memoranda from Economic Development, Culture and Tourism.

G1,2,3 Three memoranda from Technical Services Division, Works and Emergency Services.

H1,2,3 Three memoranda from Transportation Services Division, Works and Emergency Services.

I - Letter from Canadian Pacific Railway.

J - Letter from Toronto Hydro.

K - Letter from Bell Canada.

L - Letter from Enbridge Consumers Gas.

M - Letter from Toronto District School Board.

N - Letter from Toronto Catholic District School Board.

O - Memorandum from Public Health Department.

P - Letter from applicant regarding negotiations with Visioneering Corporation.

SCHEDULE "D"

The principles of draft plan approval are as follows:

(1) Draft plan approval will apply to the draft plan of subdivision prepared and certified by Schaeffer and Dzaldov Limited, Ontario Land Surveyors, dated October 1, 1998 (drawing no. 98096-2C).

(2) It must be demonstrated to the satisfaction of the City and MOE that environmental concerns related to the introduction of residential uses on this industrial site have been addressed. This will include the submission of a noise and vibration study to address any noise and vibration concerns arising from the adjacent railway line and adjacent industrial sites. If necessary, the applicant may be required to agree in the subdivision agreement to carry out a strategy for remedial action to resolve any concerns to the satisfaction of the City and MOE. If necessary, implementation of noise and vibration control measures may be supplemented by warnings in all Offers of Purchase and Sale agreements.

(3) All necessary easements will be granted for all required utilities and services to the authority having jurisdiction.

(4) All plans of subdivision are subject to the City's Standard Conditions of Approval for Subdivisions which are attached to this appendix.

(5) The preferred location for the parkland conveyance in the north section of the development is in the area of lots 30 to 35. Parkland conveyances along the CPR right-of-way are not desirable. Discussions with the Parks and Recreation Division, North District will be required to finalize the location and size of the park. A parkette at the entrance to the development can provide an attractive gateway entrance feature.

(6) Any reduction to the City's minimum road allowance width of 20m will require approval by Council prior to draft plan approval being granted. A full lot analysis of the density and built form zoning considerations will accompany any report to the Work's staff on the feasibility of a reduced right of way.

(7) A secondary emergency access from Oak Street into the subdivision is necessary to ensure that emergency vehicles have an alternate route into the subdivision in case Street "A" is blocked. The secondary access should be located across the proposed industrial lands fronting on Oak Streets to Street "B". To prevent local traffic from using the secondary access, preventative measures will need to be implemented, such as the use of bollards at the point of access to Street "B". The minimum width of the secondary access should be 6m.

(8) To ensure the proposed new residents are appropriately buffered from existing and proposed industrial uses a landscape plan should be submitted to the satisfaction of the Director of Community Planning for the entire site. The landscape plan should include but not be limited to site plan information, grading (including cross section drawings), plant materials, walkways/driveway, walls/fences, and the design of site amenities. The landscape plan should include an appropriate buffer treatment along the east and west peripheries of the site as well as the appropriate treatment of the existing and proposed street frontages.

(9) The subdivision draft plan is to be the subject of a technical grading analysis with respect to built form considerations of building heights and established grade.

(10) The Canadian Pacific Railway will require all new residential developments to adhere to standard conditions which are set out in Schedule "I" to this report.

(11) Bell Canada will be asked to confirm with the City that satisfactory arrangements, financial and otherwise have been made with Bell Canada for any Bell Canada facility serving this draft plan of subdivision which are required by the City to be installed underground.

(12) If there are any conflicts with existing Bell Canada facilities or easements, the Owner/Developer shall be responsible for rearrangements or relocation.

(13) That Consumers Gas standard clearances of 0.3 metre minimum vertically and 0.6 metre minimum horizontally are maintained.

SCHEDULE "E"

STANDARD CONDITIONS OF APPROVAL FOR SUBDIVISIONS

1. STREET NAMES

All street names proposed on the final plan shall be subject to the approval of the Toronto Planning Department.

2. ALIGNMENT WITH ADJACENT PLANS

All streets in the new plan shall be so aligned as to coincide with adjacent dedicated streets.

3. STREET LIGHTS

Street lights shall be installed in locations as specified by the Toronto Hydro Electric Commission. The Applicant is responsible for street lighting costs as determined by Toronto Hydro Electric Commission.

4. EXISTING 0.3 m RESERVES

Existing 0.3 m reserves across access roads along the boundaries of the plan shall be dedicated as public highway by the Municipality after assumption of the roads within the plan.

5. LOTS SUBJECT AND/OR ADJACENT TO EASEMENTS AND/OR WALKWAYS

Building Permits will not be issued for lots on which easements have been imposed, or on lots immediately adjacent to easements and/or walkways until such time as the Toronto Commissioner of Works and Emergency Services certifies that the walkway has been paved and fenced and that the required service or services have been installed within the limits of the easement as granted to the City or that the easement descriptions have been adjusted in accordance with the location of the services as actually installed.

6. DEEDING OF LAND OR EASEMENTS

Deeds for such lands, easements and 0.3 m reserves as may be required shall be conveyed to the Municipality and the Toronto Hydro Electric Commission free and clear of all encumbrances and any Reference Plan necessary for the preparation of the easement documents shall be provided by the subdivider at no cost to either the Municipality or the Commission.

7. SERVICES TO BE INSTALLED BY THE APPLICANT

All services to be installed by the Applicant shall be according to standard specifications for the former City of North York as laid down by the Commissioner of Works and Emergency Services Department (hereafter referred to as the "Commissioner") and shall be secured by cash (20 percent) and irrevocable letter of credit (80 percent).

8. PROTECTION OF EXISTING SIDEWALKS, CURBS, ETC.

Monies shall be deposited with the City to provide for the protection of existing sidewalks, curbs, etc. in accordance with the policy of Council as contained in former City of North York Policy No. N-32.

9. RESTORATION OF EXISTING ROAD SURFACES

The Applicant covenants and agrees that they will, subsequent to the installation of all service hydro and other underground connection on existing roads adjacent to, but outside this plan subdivision, at their own expense restore such disturbed road surface to approximately their original condition as determined by the Commissioner, or alternatively will deposit with the Treasurer of the City a sufficient sum as calculated by the Commissioner to provide for this restoration.

10. MAINTENANCE OF ROAD SURFACES

The Applicant covenants and agrees that they will at all times keep clean and maintain the road surfaces and/or keep clear the gutters and catchbasins on those roads in those areas where, in the opinion of the Commissioner, such roads are subject to traffic proceeding to and from the subdivision lands during the period of development and construction.

11. SERVICE CONNECTIONS

No service connections shall be installed on a lot or block until the approval of such installation has been obtained from the Commissioner and/or Toronto Hydro.

12. DRAINAGE

Occupancy of each lot shall not take place until the consultant certifies that the grading requirements have been satisfied, or as approved by the Commissioner.

13. SURFACE DRAINAGE RE: ADJOINING LANDS

The Applicant covenants and agrees that should any grading or drilling operations within this plan of subdivision cause disturbance to the natural drainage pattern for the surrounding area, resulting in flooding or erosion of adjacent lands without the plan of subdivision itself, the Applicant will, at their own expense, perform all work and take such measures as considered necessary to correct the surface drainage situation and restore all damaged property to approximately its original condition as determined by and to the standards, specifications and satisfaction of the Commissioner.

14. SERVICE TO BE PAID IN CASH

All required services which are not to be constructed by the Applicant shall be paid for in cash prior to registration of the plan.

15. CAPITAL COST OF SERVICES

In addition to the services required herein, the Applicant shall pay all other monies as may be required to pay the capital cost, or proportionate share thereof, for the provisions of services to the extent that the Municipality shall not be required to pay any portion of the capital cost thereof.

16. TAXES AND LOCAL IMPROVEMENTS

All outstanding taxes and local improvement charges shall be paid prior to registration of the plan.

17. FEES

Water meter fees and 3% Engineering and Processing fee shall be paid.

18. REVIEW OF CONDITIONS

In the event that this plan is not registered within a period of one year following the date of Council's draft approval, the conditions of approval shall be subject to review by the Municipality having regard to standards and policies operative at that time.

19. WITHDRAWAL OF PLAN

In the event that this plan is withdrawn by the Applicant, a reasonable charge may be imposed by the Municipality and Toronto Hydro, having regard to the time and expense incurred by the Municipality in the study and processing of the plan submitted.

20. REDIVISION OF BLOCKS

Any further division of any block on the plan will be subject to recommendation of North York Community Council and approval of Council.

21. HYDRO DISTRIBUTION PLANT

Prior to registration of the plan the Applicant shall conclude satisfactory arrangements with the Toronto Hydro Electric Commission as to the location of distribution plants as may be required within the plan.

22. ADEQUACY OF SCHOOL FACILITIES

The date of release for registration of this plan by the Municipality shall be subject to review by Council having regard to the adequacy of schools to serve children from the subdivision.

23. NOTIFICATION OF FUTURE USE OF MUNICIPAL LANDS

Builders and purchasers of properties adjacent to lands being conveyed to the Municipality shall be advised of the intended use of such municipal lands and of the services to be constructed thereon.

24. SIGNS OF NEW PLANS OF SUBDIVISION

The developer of new plans of subdivision shall erect signs indicating street and lot pattern of the intended use of any and all blocks on the proposed plan in accordance with former City of North York policy established by Traffic, Fire and Licensing Committee Report No. 9, dated May 12, 1966 adopted by former City of North York Council Resolution No. 66-404.

25. SOIL TESTS RE: BUILDING PERMITS

If required by the City, soil tests shall be conducted on the lands herein 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 Municipality and certified copies of the results thereof shall be furnished to the Building Commissioner.

26. AIRPORT HAZARD ZONE

No building shall be erected above the height limitations imposed by the Airport Hazard Zone restrictions of former City of North York By-law No. 7625, or to such other height limitations as may be approved by the Department of National Defence.

27. REGISTRATION IN STAGES

The Applicant may register the plan in stages provided that the boundary of each stage shall be subject to review by Council prior to release for registration.

28. DEVELOPMENT IN STAGES

The Applicant may register the plan in its entirety but develop the lands in parcels of not less than 6 hectares in accordance with former City of North York Policy No. N-8.

29. DISEASED AND DEAD TREES

The Applicant 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.

30. PLANTING OF TREES

That prior to the registration of the Plan, the Applicant shall pay sufficient monies to the City to cover the cost of planting one 4" (100mm) caliper tree per single family and semi-detached lot for all such lots on the Plan, and one 4" (100mm) caliper tree for every 8 to 12 metres, species determinate, for multiple family dwellings where there is no existing City tree protected on the lot, at the rate of $535.00 per tree, in accordance with the following policies of the former City of North York Council:

i) as contained in Parks and Recreation Committee Report Number 12, Clause 8, dated May 16, 1963, adopted by Council on May 27, 1963, by Resolution Number 63-620;

ii) As contained in Parks and Recreation Committee Report Number 7, Clause 10, dated February 22, 1979, adopted by Council on March 5, 1979, by Resolution Number 79-8.

31. CITY OWNED TREES AND TREE PRESERVATION AGREEMENT

In the event that there are City owned trees on the lands involved in the draft plan of subdivision, the Applicant shall meet with the Economic Development, Culture and Tourism Department, Parks and Recreation Division's Urban Forestry staff and enter into and execute a "Tree Preservation Agreement" prior to registration of the draft plan of subdivision. The Tree Preservation Agreement will require that the Applicant supply the City with a cheque or letter of credit equal to the value of all the City trees affected by the draft plan of subdivision and shall ensure that protective measures are adhered to and, if necessary, the Applicant shall pay the cost to remove and replace the trees if they are damaged as a result of construction activity. This security deposit will be refunded immediately following construction, if there have been no infractions to the Tree Preservation Agreement.

32. TREE PROTECTION REQUIREMENTS FOR CITY OWNED TREES

Tree protection requirements for City owned trees shall include fencing erected at a distance of 6 times the diameter of the tree over the roots of any City owned tree located in the vicinity of construction activity. No construction traffic, digging or storage of materials may occur within the root protection zone, and work must be confined to areas outside of it.

33. SODDING OF ALL LAND WITHIN THE PLAN

The Applicant shall sod, to the satisfaction of the Commissioner of Works and Emergency Services and/or the Commissioner of Economic Development, Culture and Tourism, City of Toronto, all 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 Works and Emergency Services and/or the Commissioner of Economic Development, Culture and Tourism, remained undisturbed by construction and is satisfactory to his requirements.

34. UNDERGROUND WIRING FOR RESIDENTIAL SUBDIVISIONS

That the Applicant shall contribute to the cost of underground wiring in such amount as may be determined by the Toronto Hydro Electric Commission.

35. CONVEYANCE OF LANDS

The Applicant agrees that any document relating to the conveyance of any of the lands included in the plan of subdivision shall not contain any provision that the person or corporation acquiring the lands is not required to comply with the terms and provisions of this agreement, or that is contrary to the provisions hereof.

36. AGREEMENTS

That the Applicant enter into an adhere to all the conditions and specifications of the standard form of Subdivision Agreement with the Municipality.

37. PLAN ALTERATIONS

That the draft plan be amended as necessary to conform with the layout shown on the display draft plan.

38. DESIGNATION OF PARK LANDS IN NEW PLAN OF SUBDIVISION

As per Parks and Recreation Committee Report #14 (Clause 8) dated June 9, 1966, adopted by former City of North York Council Resolution No. 66-498.

39. SERVICES TO BE INSTALLED BY APPLICANT

The Applicant agrees to install all necessary municipal services, which will be determined prior to final approval and registration of the plan. All public roads are to be constructed in accordance with the former City of North York Public Roads Policy No. N-62 dated June 28, 1993.

40. SERVICES AND CHARGES TO BE PAID IN CASH

In addition to those standard services and charges which will be determined prior to final approval and registration of the plan, a cash deposit shall be made prior to registration to cover the following:

a) Development Charges

i) soft services: $2,673.00 per detached dwelling unit,

$2,292.00 per multiple attached dwelling unit.

ii) sewer & water: $1,266.00 per detached dwelling unit,

$1,084.00 per multiple attached dwelling unit.

iii) hydro: $ 148.00 per detached dwelling unit,

. $ 128.00 per multiple attached dwelling unit.

$ 4.83 per square metre for commercial\industrial subdivisions

iv) Yonge Centre: $3,360.00 per detached dwelling unit,

$2,880.00 per multiple attached dwelling unit.

v) Sheppard Subway: $2,718.00 per detached dwelling unit,

$2,330.00 per multiple attached dwelling unit.

The total amount for the Development Charges will be calculated prior to final approval and registration of the plan.

These Development Charges are subject to change as they are indexed annually on the first day of September in accordance with the annual percentage change in the Engineering News Record Cost Index (Toronto).

41. ENVIRONMENTAL ASSESSMENTS AND REMEDIATION

(If identified as having a potential for soil contamination)

a) The Applicant shall prior to the issuance of building permits submit a completed Record of Site Condition as set out in the most recent revision of the Ministry of the Environment and Energy's June "1996" Guideline for Use at Contaminated Sites in Ontario indicating that either no soil or groundwater contaminates were found which exceeded the Ministry's standards and guidelines or if found have now been remediated to meet the said standards and guidelines for the intended use.

b) The Applicant shall indemnify and save harmless the City and its respective officers, employees and agents from and against any and all actions, causes of action, claims, reasonable costs, demands, charges and expenses whatsoever and however incurred in any way resulting from or arising out of or in relation to the potential soil contamination or remediation of the lands described in the draft M-Plan, save and except to extent contributed to by the negligence, recklessness, acts or omissions of the City, its representatives, agents or employees.

c) In the event that any action, cause of action, claim or other legal document or process or other alleged claim concerning the matters governed by the indemnity clause is commenced against or imposed upon the City, the City shall within a reasonable time give notice to the Applicant of such document, process or claim. Upon the receipt of such notice from the City, the Applicant at its own expense shall appeal, contest, defend or settle such legal document, process or claim on its own behalf and on behalf of the City, so long as the City is reasonably notified on a periodic basis of the progress of the matter. In the event that the Applicant does not take all steps reasonably necessary on behalf of the City in connection with an appeal, a contestation, a defence or settlement negotiations, the City reserves the right to elect at any time to conduct its own appeal, contestation, defence or settlement negotiations at the Applicant's expense after giving notice of same to the Applicant.

42. MISCELLANEOUS CONDITIONS

a) The final grading of the lands shall be such that the surface water originating on or tributary to the said lands, including roof water from buildings and surface water from paved areas, will be discharged in a manner satisfactory to the Commissioner.

b) The Applicant must commute any local improvement charges on the subject lands if required by the Finance Department.

c) The Applicant shall pay any outstanding costs for the disconnection of services abandoned by the City.

d) All new or revised development proposals must be forwarded to the Department of Works and Emergency Services for its review and a new report will be submitted by that Department.

(A copy of Schedules F1,2,3 to P referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

The North York Community Council also reports having had before it a communication (May 26, 1999) from Mr. R. L. Hoyt, Administrative Consultant, Canadian Pacific Railway, indicating that Canadian Pacific Railway is not in favour of residential developments adjacent to their right-of-way, but should Council decide to approve the application, that the requirements outlined in their submission be included as conditions of approval in order to ensure the safety and comfort of adjacent residents.

A staff presentation was made by Mr. A. Theobald, Senior Planner, Community Planning, North District.

The following persons appeared before the North York Community Council in connection with the foregoing matter:

- Ms. Anna Cirillo, who requested a clarification on the type of industrial uses proposed in this development.

- Ms. Kris Menzies, on behalf of the applicant, who indicated that the applicant concurred with the staff recommendations.

A recorded vote on the recommendation moved by Councillor Sgro, North York Humber, was as follows:

FOR: Councillors Mammoliti, Sgro, Moscoe, Augimeri, Feldman, Berger, Flint, Chong, Shiner

AGAINST: NIL

ABSENT: Councillors Li Preti, Gardner, Filion, Minnan-Wong, King

Carried

(City Council on June 9, 10 and 11, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (May 17, 1999) from the Director, Transportation Services, District 3:

Purpose:

To temporarily close Park Home Avenue, to accommodate the 9^th annual Ismaili Run for Charity event.

Source of funds:

All costs associated with the temporary closure of Park Home Avenue, excluding the $50.00 application fee, are included within the 1999 operating budget.

Recommendations:

(1) by enactment of a confirmatory By-law adopting this report, Park Home Avenue, between Yonge Street and Beecroft Road, be closed temporarily on Sunday, June 20, 1999, from 7:00 a.m. to 9:30 a.m., subject to the applicant's compliance with Procedural By-law No. 27433 of the former City of North York; and

(2) during the temporary closure, there shall be no use of the closed roadway for vehicular traffic except under the authority of a permit issued by the Commissioner of Works and Emergency Services.

Background:

The Transportation Services Division of the Works and Emergency Services Department received a request from Mr. Karim Teja, Assistant Race Director of the Ismaili Charity Run, to temporarily close Park Home Avenue, between Yonge Street and Beecroft Road, for the purpose of conducting a charity run fund raising event.

Mr. Teja has indicated that on Sunday, June 20, 1999, from 7:00 a.m. to 9:30 a.m., Park Home Avenue will be used as a registration and formation area for their annual run for charity event.

Similar events have been conducted at this location for the preceding eight years, without incident.

Discussion:

Staff of the Transportation Services Division have received no objections to the closure, subject to the following conditions from the Fire and Police Services.

(a) the applicant shall insure that the area to be barricaded off is cleared of parked vehicles and obstacles that would interfere with the movement of fire vehicles, in the event of an emergency, and that individuals be readily available to remove the barricades in order not to impede the movement of the fire department vehicles should an emergency occur. Further, the organizers of the event be made aware that should an emergency arise within the area, it could well interrupt the program as planned; and

(b) paid duty police officers to be provided, at no expense to the City of Toronto at the discretion of the Toronto Police Services, to provide protection and assistance for motorists, pedestrians and participants.

Conclusions:

The Transportation Services Division supports the temporary closure of Park Home Avenue, between Yonge Street and Beecroft Road, as requested by the applicant.

Contact Name:

Allen Pinkerton, Manager, Traffic Operations - District 3

395-7463 (telephone)

395-7482 (facsimile)

ajpinker@city.north-york.on.ca (e-mail)

(City Council on June 9, 10 and 11, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends that the following report (May 17, 1999) from the City Solicitor be received and that a maximum of $20,000.00 be made available from the Legal Services Operating Budget for the payment of professional planning services to support Council's Decision before the Ontario Municipal Board.

Purpose:

Council at its meeting held on May 11 and 12, 1999, in considering the report of the Acting Director, Community Planning, North District with respect to this matter, directed that the City Solicitor report to the North York Community Council on the retention of an independent planning consultant to defend the City's position and the costs associated therewith.

Funding Sources, Financial Implications and Impact Statement:

A maximum of $20,000.00 is available in the Legal Services Operating Budget for the payment of professional planning services to be provided at the Ontario Municipal Board Hearing.

Recommendation:

For information

Council Reference/Background/History:

The site, approximately 6 acres in size, is the subject of a zoning and a subdivision application to permit a mixed use development including, detached houses and townhouses, office uses and parkland for a total FSI of .90.

The Planning staff recommended that the application to amend the Industrial Zone Uses to permit live/work uses not be approved and the current application be revised to amend the Official Plan to redesignate the lands as Residential One (RD-1) with a Part C.9. Specific Development Policy to permit limited residential intensification of 14 units per acre. The Economic Development Division, Economic Development Culture and Tourism Department does not support the application and have recommended that the lands remain Industrial for a number of reasons.

The Council has refused the Zoning Amendment and draft plan of subdivision application and stated that the lands should retain their current zoning designation of Industrial Zone One (M1).

Planning Staff cannot provide evidence under oath in support of Council's position, and it is therefore necessary to retain an outside Planning Consultant. There are a number of local industries, individual ratepayers and ratepayer associations who will be participating at the Hearing.

At the Pre-hearing Conference held on May 17th, 1999, the Board scheduled a second Pre-hearing Conference for August 9, 1999 and the Hearing was also scheduled for 9 days to commence on October 12, 1999.

Conclusions:

Given the anticipated length and scope of this Hearing, a maximum of $20,000.00 inclusive of GST be allocated from the Legal Services Operating Budget so that we can support the Council's Decision before the Ontario Municipal Board.

Contact Name:

Larry J. Darkes, Solicitor

Planning & Administrative Tribunal Law

Tel. No. (416) 392-7247

Fax No. (416) 392-0005

(City Council on June 9, 10 and 11, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following Resolution from Councillor Moscoe, North York Spadina:

WHEREAS the Planning Department recommended refusal of a rezoning application at 619 Lawrence Avenue West; and

WHEREAS the North York Community Council and Toronto Council refused the rezoning of the property; and

WHEREAS the applicant applied to the Committee of Adjustment for a minor variance to allow a home occupation; and

WHEREAS the Committee of Adjustment refused the application for home occupation at 619 Lawrence Avenue West; and

WHEREAS the Legal Department and the Planning Department recommend staff representation at the Ontario Municipal Board;

THEREFORE BE IT RESOLVED THAT North York Community Council and Toronto Council approve staff representation at the Ontario Municipal Board hearing on June 10, 1999 in support of the Council and staff position.

The North York Community Council also reports, for the information of Council, having had before it a memorandum (May 19, 1999) from the Acting Director, Community Planning, North District, to Councillor Moscoe, North York Spadina, recommending that Council direct staff to attend the Ontario Municipal Board hearing in order to uphold the City's by-laws and be in support of the Committee's decision.

(City Council on June 9, 10 and 11, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following Resolution by Councillor Moscoe, North York Spadina:

WHEREAS the Balmoral community has several dedicated walkways located on city property; and

WHEREAS residents have expressed many concerns regarding safety and security at the walkway located at the west end of Tillingham Keep; and

WHEREAS a survey was conducted and 95 percent of residents were in favour of closing the walkway; and

WHEREAS Transportation staff have indicated that this walkway is not required for pedestrian or vehicular circulation;

THEREFORE BE IT RESOLVED THAT the walkway located at the west end of Tillingham Keep be closed.

Councillor Li Preti, Black Creek, declared his interest in the foregoing matter, in that he resides in the Balmoral community wherein the walkway in question is located.

(Councillor Li Preti, at the meeting of City Council on June 9, 10 and 11, 1999, declared his interest in the foregoing Clause, in that he resides in the Balmoral community wherein the walkway in question is located.)

(City Council on June 9, 10 and 11, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends that the foregoing report (May 19, 1999) from the Commissioner of Economic Development, Culture and Tourism, not be adopted and the resident at 46 Craigmore Crescent be permitted to remove the tree on City property, conditional upon the resident absorbing all costs involved in the removal of the tree and replacement thereof with a more suitable one, in consultation with the Commissioner of Economic Development, Culture and Tourism:

Purpose:

This report provides information regarding an appeal to the Community Council from the resident at 46 Craigmore Crescent to permit the removal of a City-owned street tree from the lawn in front of their house which has been disallowed by the City Forestry staff.

Source of Funds:

Staff and equipment to remove this tree and its stump would total $402.00 if carried out on regular time and $475.00 if carried out on overtime. The City would lose an asset worth $644.00.

Recommendations:

It is recommended that:

(1) this request to remove a City tree be refused; or

(2) if City Council permits this tree to be removed, that it be on condition that

(i) the resident reimburse the City for its costs to remove the trees on overtime at $475.00, in order that this work does not bump other tree work for residents who have been waiting for their requests to make it to the top of the waiting list; and

(ii) the resident reimburse on May 7, 1999 the City for the value of the removed tree at $644.00 and that these funds be used to purchase a large tree of the resident's choice of species as a replacement for the tree on the road allowance in front of her property or elsewhere in her neighbourhood.

Background:

A request was forwarded through our forestry office for the removal of a 29 cm Austrian Pine tree at 46 Craigmore Crescent. On May 7, 1999 an inspection indicated that the tree was fine and removal was not justified.

A follow up request through Councillor Filion's Office resulted in another inspection by staff which agreed with the original evaluation.

The resident is unhappy with the Departments response and Councillor Filion has asked for the issue be referred to the Community Council for resolution.

Conclusion:

Healthy trees are valuable assets to the quality of life in a community, and all neighbourhood residents have a stake in their preservation. For this reason, the Department can not recommend their removal to accommodate the wishes of individual homeowners, except in situations where no reasonable alternatives can be found. We do not consider this situation to be such a case.

Contact name:

Tony Fleischmann

Supervisor, Urban Forestry

Planning and Protection

395-6134

A recorded vote on the recommendation moved by Councillor Filion, North York Centre, was as follows:

FOR: Councillors Mammoliti, Sgro, Li Preti, Augimeri, Berger, Flint, Gardner, Chong, Filion, Shiner

AGAINST: Councillors Moscoe, King

ABSENT: Councillors Feldman, Minnan-Wong

Carried

(City Council on June 9, 10 and 11, 1999, received this Clause, for information.)

(a) 1999-2000 Schedule of Meetings - City of Toronto Council, Community Councils and Committees, commencing on June 14, 1999.

The North York Community Council reports having received the following communication:

(April 22, 1999) from the City Clerk forwarding the revised 1999-2000 Schedule of Meetings of the City of Toronto Council, Community Councils and its Committees, commencing on June 14, 1999, as adopted by City Council on April 13, 14 and 15, 1999.

(b) Appeal of Committee of Adjustment Decision - Ralph and Ada Reichmann - 214 Strathallan Wood and 409 and 415 Glencairn Avenue - Ontario Municipal Board Decision - North York Centre South.

The North York Community Council reports having received the following report:

(April 30, 1999) from the City Solicitor, reporting on the outcome of the Ontario Municipal Board hearing held with respect to 214 Strathallan Wood and 409 and 415 Glencairn Avenue in September, 1998, and recommending that the report be received for information.

(c) Appeal of Zoning Amendment Application - 16-30 Byng Avenue - Ontario Municipal Board Decision - North York Centre.

The North York Community Council reports having received the following report:

(April 20, 1999) from the City Solicitor, reporting on the outcome of the Ontario Municipal Board hearing held with respect to 16-30 Byng Avenue on March 25, 1999, and recommending that the report be received for information.

(d) Appeal of Zoning Amendment Application - R and G Management - 1465 Lawrence Avenue West - Ontario Municipal Board Decision - North York Humber.

The North York Community Council reports having received the following report:

(May 6, 1999) from the City Solicitor, reporting on the outcome of the Ontario Municipal Board hearing held with respect to 1465 Lawrence Avenue West and recommending that the report be received for information.

(e) Report - New Development Applications for North District.

The North York Community Council reports having received the following report:

(May 12, 1999) from the Acting Director, Community Planning, North District, reporting on new development applications (zoning and official plan amendments, lifting of (H) holding zone designations and plans of subdivision) received by the Planning Division, North District, from March 30, 1999 to April 28, 1999, and recommending that the report be received for information.

(f) Preliminary Evaluation Report - Official Plan Amendment Application UDOP-99-05 - Kenneth-Sheppard Limited - 160 Greenfield Avenue, 150 Maplehurst Avenue and 120 Sheppard Avenue East - North York Centre.

The North York Community Council reports having approved the following report:

(May 11, 1999) from the Acting Director, Community Planning, North District, providing preliminary comments on an application to amend the Official Plan to permit a new development on the lands comprised of 160 Greenfield Avenue, 150 Maplehurst Avenue and 120 Sheppard Avenue East, and recommending that:

(1) the applicant be advised that the following are required prior to a Final Report:

(a) a clear planning rationale for the proposal as discussed in this report;

(b) an acceptable re-housing strategy which addresses replacement rental housing and the accommodation of existing tenants;

(c) all submission requirements for official plan amendments and rezonings, as described in the City's common application form;

(d) an appropriate traffic impact assessment; and

(e) a wind, sunlight and shadowing impact analysis; and

(2) once the conditions set out in Recommendation (1) have been met, that

(a) staff, in consultation with the local Councillors, schedule a community consultation meeting with the tenants and with the residents; and

(b) staff prepare a Final Report evaluating the proposal and provide Notice of the statutory public meeting at the appropriate time.

(g) Preliminary Evaluation Report - Zoning Amendment Application UDZ-98-32 and Plan of Subdivision Application UDSB-98-1241 - Heritage-Willow Estates Limited - 94, 96, 98, 100, 138, 140, 142 and 144 Cummer Avenue - North York Centre.

The North York Community Council reports having approved the following report:

(May 11, 1999) from the Acting Director, Community Planning, North District, providing preliminary comments on applications for a plan of subdivision and zoning by-law amendment for the development of 13 single dwelling lots on an extension of Doverwood Court, and recommending that:

(1) the applicant revise the draft plan of subdivision:

(a) to reflect a 20 metre road allowance width, incorporating Blocks 14, 15, 16, 18, 19 and 20;

(b) to comply with the R4 zoning regulations;

(c) to delete Lot 13 and Block 17; and

(d) to provide a 0.3 m reserve along the north boundary of the road;

(2) upon receipt of revised plans and development statistics, staff, in consultation with the local Councillors, schedule appropriate community consultation; and

(3) staff prepare a final report evaluating the subdivision proposal and zoning amendment, and provide notice of a statutory public meeting at the appropriate time.

(h) Harmonized Environmental Tobacco Smoke (ETS) By-law for the City of Toronto - Community Input Process.

The North York Community Council reports having received the following report and having referred the following recommendations to the Medical Officer of Health and the City Solicitor, that:

(1) Recommendations (1), (4), (5) and (6) embodied in the policy options and recommendations attached to the report (March 26, 1999) from the Medical Officer of Health, be adopted;

(2) Recommendations (2)(ii)(a) and (2)(ii)(b) embodied in the policy options and recommendations attached to the report (March 26, 1999) from the Medical Officer of Health be amended to read as follows:

"2(ii)(a) Restaurants become smoke-free June 1, 2000 and bowling centres become smoke-free April 30, 2001"; and

"2(ii)(b) Casinos, bars, billiard and bingo halls become smoke-free June 1, 2001, with the distinction between bars and restaurants being that a bar is where alcohol is served and where admittance is restricted to persons 19 years of age and older at all times"

and the recommendations as so amended, be adopted;

(3) Recommendation (3) embodied in the policy options and recommendations attached to the report (March 26, 1999) from the Medical Officer of Health be amended to reflect Option No. 1 outlined in the Fact Sheet summarizing the options being recommended by the Medical Officer of Health to the Board of Health; and the recommendation as so amended, be adopted;

(4) the Provincial Government be requested to implement uniform Province-wide legislation to prohibit smoking in all public places, bars and restaurants, similar to the proposed harmonized Environmental Tobacco Smoke (ETS) By-law for the City of Toronto;

(5) the Federal Government be requested to make tobacco an illegal substance; and

(6) the Medical Officer of Health and City Solicitor be requested to report on the following:

(a) the filtration devices and ventilation equipment referred to in the deputations made by owners of hospitality establishments, which are currently available; and

(b) the feasibility of instituting performance standards which would be related to air quality.

The North York Community Council also reports having had before it the following communications:

(i) (May 26, 1999) from Mr. David K. Foot and Ms. Joyce S. Feinberg, advising of their support of a by-law to prohibit smoking in public places;

(ii) (May 25, 1999) from Mr. Roger Marrelli, Vice President, Food and Beverage, Bowlerama Limited, advising of his concerns with the proposed smoking restrictions;

(iii) (May 25, 1999) from Judith Mywold, Council for a Tobacco-Free Toronto, in support of the proposed harmonized Environmental Tobacco Smoke By-law;

(iv) (May 14, 1999) from the Secretary, Board of Health, forwarding the Notice advising of the public meetings to be held by Community Councils and the Board of Health with respect to the proposed harmonized Environmental Tobacco Smoke (ETS) By-law together with a fact sheet summarizing the changes;

(v) (May 6, 1999) from the Secretary, Board of Health, regarding ventilation option for the Environmental Tobacco Smoke (ETS) By-law; and

(vi) (April 6, 1999) from the Secretary, Board of Health, advising that the Board of Health at its meeting held on April 6, 1999.

(a) adopted the report dated March 26, 1999, from the Medical Officer of Health with respect to the community input process for a harmonized Environmental Tobacco Smoke (ETS) By-law for the City of Toronto; and

(b) forward such report to the Community Councils for staff presentation and deputations on the policy options and recommendations paper attached thereto, at the Community Council meetings scheduled to be held on May 26 and 27, 1999, with recommendations from the Community Councils to be referred to the Medical Officer of Health and the City Solicitor for consideration and recommendations back to the Board of Health at its meeting on June 28 and 29, 1999.

A presentation was made by Dr. Monir Taha, Associate Medical Officer of Health and Director of Health Environments.

The following persons appeared before the North York Community Council in connection with the foregoing matter:

- Mr. Douglas Bennett;

- Dr. John Luik, on behalf of the Ontario Restaurant Association;

- Mr. Paul Readings, on behalf of Travelodge Toronto East; and on behalf of the following: Mr. Michael Singer, Novotel North York; Mr. Joe Kamal, Toronto Don Valley Hotel; and Mr. Robert Housez, Inn on the Park;

- Mr. Michael Pearley;

- Mr. Cliff Jenkins;

- Mr. Ken Baxter on behalf of The Fish House Restaurants at 2035 Sheppard Avenue East and 144 Front Street West;

- Mr. Michael Dawson, Victoria Village Ratepayers Association;

- Dr. Jim Woodgett;

- Ms. Sylvia Warriner;

- Dr. Peter Webster; Sunnybrook and Women's College Health Science Centre: and

- Mr. Gord Cooke.

Recorded Votes:

A recorded vote on a motion moved by Councillor Mammoliti, North York Humber, that effective June 1, 2000, all workplaces and public spaces be smoke-free except for donut shops, bingo halls and bars; and that the Mayor establish a Committee whose mandate would be to create a smoke-free environment policy by June 1, 2004 for donut-shops, bingo halls and bars, was as follows:

FOR: Councillors Mammoliti, Li Preti

AGAINST: Councillors Moscoe, Augimeri, Berger, Flint, Filion, Minnan-Wong, Shiner, King

ABSENT: Councillors Sgro, Feldman, Gardner, Chong

Lost

A recorded vote on Recommendation (2) moved by Councillor Moscoe, North York Spadina, was as follows:

FOR: Councillors Mammoliti, Moscoe, Augimeri, Berger, Flint, Filion, Minnan-Wong, Shiner, King

AGAINST: Councillor Li Preti

ABSENT: Councillors Sgro, Feldman, Gardner, Chong Carried

A recorded vote on Recommendation (1) and Recommendation (3) moved by Councillor Filion, North York Centre, was as follows:

FOR: Councillors Mammoliti, Li Preti, Moscoe, Augimeri, Berger, Flint, Filion, Minnan-Wong, Shiner, King

AGAINST: NIL

ABSENT: Councillors Sgro, Feldman, Gardner, Chong

Carried

A recorded vote on Recommendation (4) moved by Councillor Shiner, Seneca Heights, was as follows:

FOR: Councillors Mammoliti, Li Preti, Moscoe, Augimeri, Berger, Flint, Filion, Minnan-Wong, Shiner, King

AGAINST: NIL

ABSENT: Councillors Sgro, Feldman, Gardner, Chong

Carried

A recorded vote on a motion moved by Councillor Minnan-Wong, Don Parkway, that the Medical Officer of Health and the City Solicitor be requested to report on which jurisdictions are presently repealing their smoke-free by-laws, was as follows:

FOR: Councillors Mammoliti, Li Preti, Moscoe, Minnan-Wong

AGAINST: Councillors Augimeri, Berger, Flint, Filion, Shiner, King

ABSENT: Councillors Sgro, Feldman, Gardner, Chong

Lost

A recorded vote on Recommendation (6 ) (a) moved by Councillor Minnan-Wong, Don Parkway, was as follows:

FOR: Councillors Mammoliti, Li Preti, Moscoe, Berger, Minnan-Wong, King

AGAINST: Councillors Augimeri, Flint, Filion, Shiner

ABSENT: Councillors Sgro, Feldman, Gardner, Chong

Carried

A recorded vote on Recommendation (6) (b) moved by Councillor Minnan-Wong, Don Parkway, was as follows:

FOR: Councillors Mammoliti, Li Preti, Moscoe, Flint, Filion, Minnan-Wong

AGAINST: Councillors Augimeri, Berger, Shiner, King

ABSENT: Councillors Sgro, Feldman, Gardner, Chong

Carried

A recorded vote on Recommendation (5) moved by Councillor Minnan-Wong, Don Parkway, was as follows:

FOR: Councillors Mammoliti, Li Preti, Berger, Filion, Minnan-Wong, Shiner, King

AGAINST: Councillors Moscoe, Augimeri, Flint

ABSENT: Councillors Sgro, Feldman, Gardner, Chong

Carried

(A copy of the policy options and recommendations paper referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

(i) Parks and Recreation - Status of Harmonization of Outdoor Pool Operations - All Wards.

The North York Community Council reports having received the following report:

(May 17, 1999) from the Commissioner of Economic Development, Culture and Tourism, providing a brief update and status report on the harmonization of outdoor pool operations in the Parks and Recreation Division of the Economic Development, Culture and Tourism Department, and recommending that the report be received as information.

(j) Urban Planning and Development Services Department - Staff Resources.

The North York Community Council reports having received the following communication:

(May 18, 1999) from the City Clerk, advising that the Urban Environment and Development Committee will be submitting the following recommendations to City Council for consideration at its meeting on June 9, 1999 and, in addition, forwarding its action in this request and the report (May 11, 1999) from the Commissioner, Urban Planning and Development to all Community Councils for information and to the Budget Committee for consideration and report directly to Council for its meeting on June 9, 1999.

(1) that Recommendations (1), (2) and (3) of the report (May 11, 1999) from the Commissioner, Urban Planning and Development Services be adopted subject to amending Recommendation (1) by deleting the figure "7" and substituting the figure "15" and amending the amounts accordingly, so as to read:

"(2) City Council approve an additional amount of $369,900 to the 1999 salaries and benefits budget of the Urban Planning and Development Services Department in order to fund the hiring of 15 additional planners by the final four months of the current fiscal year (thereby representing an annualized cost of $1,107,000;"

(2) that the past practices of hiring summer planning students be maintained and encouraged.

(k) Further Report on Proposed Use of Funds Generated from Cash-in-Lieu of Parkland Dedication.

The North York Community Council reports having referred the following recommendations to the Planning and Transportation Committee:

(1) Recommendation (2) embodied in the joint report (March 17, 1999) from the Commissioner of Economic Development, Culture and Tourism and the Commissioner of Urban Planning and Development Services, be amended by adding thereto the following:

"(2)(c) That notwithstanding the above, Community Councils. if they so choose can allocate monies from Recommendation No. (2)(b)(i) to Recommendation No. (2)(a)(i);

(2) when reviewing amendment applications in areas that are deficient in parkland, the City attempt to acquire parkland, where possible, either on site or in adjoining neighbourhoods, rather than accepting cash-in-lieu of parkland dedication payments;

(3) the Commissioner of Corporate Services be directed to make offers for up to 10 percent over the appraised value for properties that may be for sale and can be used for parkland purposes; and further, that expropriation be considered as a last resort.

(4) the Commissioner of Economic Development, Culture and Tourism be requested to :

(a) prepare maps of park deficiencies within the boundaries of the North York Community Council area, and within each Ward; with such maps having isometric lines and clearly indicating the calculations that were used to support the deficiencies;

(b) report further on what plans are in place to address the parkland deficiencies in the area bounded by Yonge Street, Bayview Avenue, Finch Avenue and Sheppard Avenue; and

(c) bring forward an aggressive policy for requiring parkland in areas that are parkland deficient.

The North York Community Council also reports having had before it a chart (May 19, 1999) from the Commissioner of Economic Development, Culture and Tourism, entitled "Park Acreages Per Ward Population and Standards for the Provision of Parkland".

(May 18, 1999) from the City Clerk, advising that, City Council, at its meeting held on May 11 and 12, 1999, directed that Clause 5 of Report No. 7 of the Urban Environment and Development Committee, headed "Further Report on Proposed Use of Funds Generated from Cash-in-lieu of Parkland Dedication", be struck out and referred back to the Planning and Transportation Committee for further consideration at its meeting to be held on June 14, 1999, for report thereon to Council for its meeting to be held on July 6, 1999; and further directed that:

(1) a copy of the Clause be forwarded to the Community Councils with a request that they submit their comments thereon to the Planning and Transportation Committee for consideration at its meeting on June 14, 1999;

(2) the Commissioner of Urban Planning and Development Services submit a report to the Planning and Transportation on a policy and mechanism, in the context of planning applications, of identifying parks deficiencies and allocating funding therefor through the budget process;

(3) the Commissioner of Economic Development, Culture and Tourism submit a report to the Planning and Transportation Committee on all concerns expressed by Members of Council in regard to park deficiencies, by district and community; and

(4) the Commissioner of Economic Development, Culture and Tourism and the Commissioner of Urban Planning and Development Services submit a joint report to the Planning and Transportation Committee for acquiring additional parkland in areas that are parkland deficient.

Respectfully submitted,

MILTON BERGER

Chair

Toronto, May 26, and June 1, 1999

(Report No. 5 of The North York Community Council, including additions thereto, was adopted, as amended, by City Council on June 9, 10 and 11, 1999.)