North York Community Council recommends that:

1.         City Council enact the Draft By-law to authorize the naming of the proposed private lane at 2, 4, 6 Basswood Road and 61, 65, 69 and 71 Churchill Avenue as "OMB Folly".

North York Community Council received the presentation on the City Planning Division’s Environmental Initiatives.

A presentation was made by Gary Wright, Chief Planner and Executive Director, City Planning Division, who also filed a copy of his presentation.

North York Community Council:

1.         Deferred consideration of the report (March 9, 2009) from the District Manager, Municipal Licensing and Standards, North York District, to its next meeting on May 14, 2009.

2.         Requested the Director, Transportation Services Division, North York District, to report to the North York Community Council meeting on May 14, 2009, on:

a.         issues related to the Encroachment agreement;

b.         altering the steps; and

c.         re-locating the sidewalk.

North York Community Council deferred consideration of the report (March 31, 2009) from the District Manager, Municipal Licensing and Standards, North York District, to its meeting on June 9, 2009, to allow the Ward Councillor to meet with the applicant.

North York Community Council deferred consideration of the report (March 31, 2009) from the District Manager, Municipal Licensing and Standards, North York District, to its meeting on May 14, 2009.

North York Community Council deferred consideration of the report (March 31, 2009) from the District Manager, Municipal Licensing and Standards, North York District, to its next meeting on May 14, 2009, to allow the applicant an opportunity to address North York Community Council.

North York Community Council:

1.         Approved the request for an exemption from the City of Toronto Municipal Code, Chapter 447 – Fences, for 2720 Bayview Avenue, on condition that when the fence is replaced it be constructed in compliance with Chapter 447 or its successor by-law.

North York Community Council deferred consideration of the report (March 31, 2009) from the District Manager, Municipal Licensing and Standards, North York District, to its meeting on June 9, 2009.

This staff report is about a matter that the Community Council has delegated authority to make a final decision, provided that it is not amended so that it varies with City policy or by-laws. The subject matter is an application for an exemption to Chapter 447 of the Toronto Municipal Code, Fences, to maintain an existing fence in the rear yard which is in violation of the By-law.

North York Community Council:

1.         Approved the Boulevard Café application, subject to the following conditions:

 a.        that the area of the boulevard café on the City of Toronto right-of-way be no greater than 2.44 metres by 7.77 metres, for a total area of 18.96 square metres;

b.         that the boulevard café license be renewable on an annual basis with the appropriate insurance in place and the required fee being paid;

c.         that a street allowance construction permit, as necessary, be acquired for any resurfacing of the area of occupancy, or attachment to or alteration thereof;

d.         that no claims will be made against the City by the owner for damages occurring to the patio, equipment, enclosure or its elements during snow removal;

e.         that the occupancy permitted by the license is to be removed by the owner, at the expense of the licensee, within 30 days of receiving written notice from the Executive Director of Municipal Licensing and Standards or designate;

f.          the licensee agrees that the City, or any gas, telephone, telegraph, electric light or other public utility company, shall have the right at all times to enter upon the permitted encroachment for the purpose of constructing, repairing, maintaining, replacing or removing any sewer, mains, culverts, drains, water pipes, pole wires or other underground services and installations.  The licensee shall not be entitled to any damages or compensation by reason of the exercise of the City and utility company’s rights; and the licensee, at his own expense, shall carry out such alterations or removal of the encroachment as may be directed by the City;

g.         in default of the removal not occurring as directed, the City may carry out the removal, at the expense of the licensee, and may recover the costs incurred by legal action or in a like manner as municipal taxes;

h.         the indemnification of the City by the owner of the encroachments for all liability relating in any way to the encroachment and providing of an insurance policy for such liability for the lifetime of the Agreement in a form as approved by the City Solicitor in an amount not less than $2,000,000 or such greater amount as the City Solicitor may require;

i.          the licensee will, at his expense and to the satisfaction of the Executive Director of Municipal Licensing and Standards, keep and maintain the boulevard café enclosure and all or any of its components in a good and proper state of repair and safety, and will not make any additions or modifications beyond what is allowed pursuant to the terms of the License permit;

j.          the licensee pay the appropriate annual leasing rate, established by the City of Toronto, Corporate Services, Facilities and Real Estate Division;

k.         the licensee will secure an endorsement on their business license for a patio from Municipal Licensing & Standards; and

l.          the patio is for temporary seasonal use only during the period between May 1st and October 31st.

North York Community Council:

1.         Approved the request to permit one ground sign located along Jane Street, as per the specifications contained in the attachment as designed by Pattison Sign Group, attached to the motion submitted by the Ward Councillor, subject to the provision of landscaping at the base of the sign, as per the attachment.

2.         Directed that the applicant be advised, upon approval of the variance, of the requirement to obtain the necessary sign permit from the Chief Building Official.

1.         Approved the request for variances to replace, for third party advertising purposes, an existing four-sided illuminated pedestal sign located at the southwest corner of the property with a newly designed two-sided illuminated ground sign at 406 Oakwood Avenue, subject to:

a.         the applicant submitting a lot beautification plan to the satisfaction of the Director, Community Planning, North York District, in consultation with the Ward Councillor; and

b.         the existing pillar sign at 406 Oakwood Avenue being removed.

 2.        Directed the City Clerk's Office to advise the applicant, upon approval of a variance, of the requirement to obtain the necessary sign permits from the Chief Building Official.

This staff report is about a matter for which the Community Council has delegated authority from City Council to make a final decision.

This report reviews and makes recommendations on a request by Lorne Persiko on behalf of Toronto Parking Authority for approval of variances from By-law No. 1-83 and By-law 3369-79, of the former Municipality of York to replace, for third party advertising purposes, an existing four-sided illuminated pedestal sign located at the northwest corner of the property with a newly designed two-sided illuminated ground sign at 406 Oakwood Avenue.

Staff recommends approval of the application. The variance is minor and within the general intent and purpose of the Municipal Code.

North York Community Council:

1.         Approved the request for variances to replace, for third party advertising purposes, an existing four-sided illuminated pedestal sign located at the southwest corner of the property with a newly designed two-sided illuminated ground  sign at 1607 Eglinton Avenue West, subject to the applicant submitting a landscape plan to the satisfaction of the Director, Community Planning, North York District, and the Ward Councillor.

 2.        Directed the City Clerk's Office to advise the applicant, upon approval of a variance, of the requirement to obtain the necessary sign permits from the Chief Building Official.

This staff report is about a matter for which the Community Council has delegated authority from City Council to make a final decision.

This report reviews and makes recommendations on a request by Lorne Persiko on behalf of Toronto Parking Authority for approval of variances from By-law No. 1-83 and By-law 3369-79, of the former Municipality of York to replace, for third party advertising purposes, an existing four-sided illuminated pedestal sign located at the northwest corner of the property with a newly designed two-sided illuminated ground sign at 1607 Eglinton Avenue West.

Staff recommends approval of the application. The variance is minor and within the general intent and purpose of the Municipal Code.

North York Community Council deferred consideration of the report (March 25, 2009) from the Director of Building and Deputy Chief Building Official, to its meeting on May 14, 2009.

This staff report is about a matter that the community council has delegated authority to make a final decision provided that it is not amended so that it varies with City policy or by-laws.

The purpose of this report is to review and make recommendations on a request by Kelly Adam of Kramer Design Associates, acting for Astral Media Outdoor, for an approval of variances from former City of North York Sign By-law No. 30788, as amended, to permit the erection of one 3rd party illuminated trivision roof sign, at 1552 Avenue Road.

North York Community Council:

1.         Approved the request to permit one additional third party sign face on the existing off premise ground sign, exclusively to advertise programming at the Toronto Centre for the Arts, and two illuminated first party wall signs.

2.         Directed that the applicant be advised, upon approval of the variance of the requirement to obtain the necessary sign permit from the Chief Building Official.

This staff report is about a matter that Community Council has been delegated authority to make a final decision provided that it is not amended so that it varies with City policy or by-law.

The purpose of this report is to review and make recommendations on a request by Adam Kelly of Kramer Design Associates, on behalf of the Toronto Centre for the Arts located at 5040 Yonge Street, for approval of variances from the former City of North York Sign By-law No. 30788, as amended, to add a third sign face for the purpose of third party advertising for the Toronto Centre for the Arts on the west face of an existing ground sign located on the northwest corner of North York Boulevard and Yonge Street; and to erect two illuminated first party wall signs on the east wall of the Toronto Centre for the Arts.

North York Community Council:

1.         Amended By-law 31878, of the former City of North York, by designating Bassano Road from Cameron Avenue to Botham Road as a 40 km/h speed limit zone.

2.         Amended By-law 31878, of the former City of North York, by designating Beaman Road from Sheppard Avenue West to Poyntz Avenue as a 40 km/h speed limit zone.

3.         Amended By-law 31878, of the former City of North York, by designating Bogert Avenue from Frizzell Road to the west limit of Bogert Avenue as a 40 km/h speed limit zone.

4.         Amended By-law 31878, of the former City of North York, by designating Botham Road from Poyntz Avenue to Stuart Crescent (south leg) as a 40 km/h speed limit zone.

5.         Amended By-law 31878, of the former City of North York, by deleting the 40 km/h speed limit zone on Cameron Avenue from the north easterly limit of Gwendolen Crescent to the westerly limit of Radine Road.

6.         Amended By-law 31878, of the former City of North York, by designating Cameron Avenue from Gwendolen Crescent to Yonge Street as a 40 km/h speed limit zone.

7.         Amended By-law 31878, of the former City of North York, by designating Easton Road from Sheppard Avenue West to Gwendolen Crescent as a 40 km/h speed limit zone.

8.         Amended By-law 31878, of the former City of North York, by designating Evan Road from Johnston Avenue to Gwendolen Crescent as a 40 km/h speed limit zone.

9.         Amended By-law 31878, of the former City of North York, by designating Franklin Avenue from Gwendolen Crescent to Yonge Street as a 40 km/h speed limit zone.

10.       Amended By-law 31878, of the former City of North York, by designating Fennell Street from Sheppard Avenue West to Poyntz Avenue as a 40 km/h speed limit zone.

11.       Amended By-law 31878, of the former City of North York, by designating Frizzell Road from Bogert Avenue to Poyntz Avenue as a 40 km/h speed limit zone.

12.       Amended By-law 31878, of the former City of North York, by designating Florence Avenue from Easton Road to Yonge Street as a 40 km/h speed limit zone.

13.       Amended By-law 31878, of the former City of North York, by designating Gwendolen Avenue from Gwendolen Crescent to Walker Road as a 40 km/h speed limit zone.

14.       Amended By-law 31878, of the former City of North York, by deleting the 40 km/h speed limit zone on Gwendolen Crescent from the northerly limit of Gwendolen Avenue to the easterly limit of Evan Road.

15.       Amended By-law 31878, of the former City of North York, by designating Gwendolen Crescent from the south limit of Gwendolen Crescent to Johnston Avenue as a 40 km/h speed limit zone.

16.       Amended By-law 31878, of the former City of North York, by designating Johnston Avenue from Gwendolen Crescent to Yonge Street as a 40 km/h speed limit zone.

17.       Amended By-law 31878, of the former City of North York, by designating Linelle Street from Franklin Avenue to the south limit of Linelle Street as a 40 km/h speed limit zone.

18.       Amended By-law 31878, of the former City of North York, by designating Pewter Road from Sheppard Avenue West to Cameron Avenue as a 40 km/h speed limit zone.

19.       Amended By-law 31878, of the former City of North York, by designating Poyntz Avenue from Beecroft Road to the west limit of Poyntz Avenue as a 40 km/h speed limit zone.

20.       Amended By-law 31878, of the former City of North York, by deleting the 40 km/h speed limit zone on Radine Road from the northerly limit of Gwendolen Avenue to the southerly limit of Johnston Avenue.

21.       Amended By-law 31878, of the former City of North York, by designating Radine Road from Poyntz Avenue to the south limit of Radine Road as a 40 km/h speed limit zone.

22.       Amended By-law 31878, of the former City of North York, by designating Senlac Road from Sheppard Avenue West to Poyntz Avenue as a 40 km/h speed limit zone.

23.       Amended By-law 31878, of the former City of North York, by designating Stuart Avenue from Gwendolen Crescent to Walker Road as a 40 km/h speed limit zone.

24.       Amended By-law 31878, of the former City of North York, by designating Stuart Crescent from Botham Road to Botham Road as a 40 km/h speed limit zone.

25.       Amended By-law 31878, of the former City of North York, by designating Walker Road from Cameron Avenue to the south limit of Walker Road as a 40 km/h speed limit zone.

North York Community Council recommends that:

1.         City Council prohibit pedestrian crossings on Yonge Street, between the north curb line of Lytton Boulevard and a point 30.5 metres south of the south curb line of Lytton Boulevard.

2.         City Council prohibit northbound right turns on a red signal at all times from Yonge Street to Blythwood Road.

3.         City Council prohibit southbound right turns on a red signal at all times from Yonge Street to Lytton Boulevard.

North York Community Council deferred consideration of the report (March 31, 2009) from the Director, Transportation Services Division, North York District, to its next meeting on May 14, 2009.

North York Community Council deferred consideration of the report (March 2, 2009) from the Acting Director, Development Engineering, to its next meeting on May 14, 2009.

This report advises that the municipal services installed under the terms of the Subdivision Agreement for Plan 66M-2365, dated June 6, 2001, between English Lane Homes Inc. and the City of Toronto are in the required condition and recommends assumption by the City.

North York Community Council deferred consideration of the reports (November 14, 2007) and (March 23, 2009) from the Acting Director, Development Engineering and the report (April 14, 2009) from the City Solicitor, to its meeting on May 14, 2009, to allow the applicant to meet with the Ward Councillor and Councillor Moscoe.

At its meeting on January 15, 2008, North York Community Council deferred the report from the Acting Director, Development Engineering entitled “Assumption of Services – Downsview Lands Secondary Plan owned by Costco Canada Inc., Block H, Plan 64R-16745 – Billy Bishop Way.”

The purpose of this report is to respond to a request by North York Community Council to the Acting Director, Development Engineering with respect to Billy Bishop Way.  The confidential attachment sets out legal issues associated with the assumption of municipal services.

North York Community Council:

1.         Approved the deletion of two Yonge Lawrence Village BIA Board of Management members as set out in Attachment No.1 to the report (March 17, 2009) from the Director, Business Services.

2.         Amended Schedule A of the Municipal Code Chapter 19, Business Improvement Areas, to reflect the change to the BIA Board of Management.

The purpose of this report is to recommend that the North York Community Council approve the deletion of two members from the Yonge Lawrence Village BIA Board of Management.  The North York Community Council has the delegated authority to make final decisions regarding BIA appointments.

North York Community Council directed that:

1.         City Planning staff schedule a community consultation meeting together with the Ward Councillor.

2.         City Planning staff give notice for the community consultation meeting to landowners and residents within 120 metres of the site.

3.         City Clerk’s staff give notice for the public meeting under the Planning Act according to the regulations under the Planning Act.

This application was made on February 13, 2009 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to legalize an existing professional medical office use at 54 Finch Avenue West.  This report provides preliminary information on the above-noted applications and seeks Community Council's directions on further processing of the applications and on the community consultation process.

Should the applicant provide any additional required information in a timely manner, it is anticipated the final report will be completed in the third quarter of 2009.

North York Community Council recommends that:

1.         City Council request that the draft plan of condominium approval be subject to the applicant submitting an amended condominium plan with respect to the loading and parking facilities, to the satisfaction of the Director, Community Planning, North York District, and in consultation with the Ward Councillor.

This report has been prepared in response to a request for a report on an application for a standard plan of condominium at 3670 Victoria Park Avenue.  The draft plan of condominium provides for the creation of 10 separate industrial units in an existing warehouse.  Proposed changes to the site, including minor exterior alterations and changes to parking and landscaping were reviewed through a site plan control application approved on November 17, 2008.

At its meeting on February 24, 2009 City Council directed that staff report to the April 21, 2009 meeting of North York Community Council (and prior to approving the condominium application) on the following matters:

a.         the history of the application;

b.         whether the previous approval takes into account the impacts of this building being converted to  condominium ownership; and

c.         ways that North York Community Council may review similar condominium applications.

These issues are addressed below.

North York Community Council recommends that:

1.         City Council request the City of Toronto Parking Authority to undertake an area parking review along the Finch Avenue East corridor between Yonge Street and Bayview Avenue, with emphasis on reviewing the parking needs of the Carefree Lodge Long-Term Care Facility.

North York Community Council recommends that:

1.         City Council direct the appropriate City Officials to advise the City of Vaughan that the City of Toronto will not oppose the application at the northwest corner of Steeles Avenue West and Tandem Road, east of Keele Street, in the City of Vaughan.

2.         City Council direct the Executive Director and Chief Planner, to make specific recommendations to City Council through the North York Community Council, on all future development applications in the City of Vaughan, the City of Markham and the Regional Municipality of York, involving Official Plan, Zoning or Secondary Plan Amendments, along the North District boundary abutting the City of Vaughan, the City of Markham and the Regional Municipality of York.

3.         City Council direct the appropriate City Officials to advise the City of Vaughan, the City of Markham and the Regional Municipality of York, that the City of Toronto intends to officially comment on all development applications abutting its North District boundary and would prefer that an integrated planning regime could be developed in co-operation with the appropriate cities within York Region.

North York Community Council:

1.         Requested the Executive Director and Chief Planner to report to the Planning and Growth Management Committee on:

a.         the exact nature of the planning authority provided by the 1974 agreement between York Region and the now City of Toronto;

b.         the nature of the limitations on that Planning Authority; and

c.         what measures the City of Toronto would need to take to maximize the planning authority that it has over development applications within 45m of Steeles Avenue.

A 1974 Agreement with York Region grants the City of Toronto limited planning authority over lands within York Region that are located within 45 metres of Steeles Avenue.  The agreement originated with Metro Toronto when it took over sole responsibility for Steeles Avenue and is intended to provide Metro Toronto (now the City) with the ability to control access and influence adjacent development in so far as it has transportation implications for Steeles Avenue.  This authority can only be exercised in compliance with the relevant Official Plans and requires the City to notify and seek agreement from York Region Council before zoning lands north of Steeles Avenue or controlling access to Steeles Avenue.  The Agreement also sets out a process for the City and York Region to circulate Official Plan amendments, zoning by-law amendments and subdivision approval applications on lands adjacent to Steeles Avenue for review and comment.

This report reviews a zoning amendment to permit a veterinary clinic in two units of an existing industrial condominium.  The subject lands are currently occupied by a 24 unit industrial condominium building with a variety of uses including retail, used car sales and a regulated health professional.  The lands are designated as Prestige Area by OPA #450 (Employment Area Plan) in the City of Vaughan’s Official Plan and are zoned EM1 Prestige Employment Area Zone in Vaughan’s Zoning By-law.

North York Community Council:

1.         Directed the Director, Community Planning, North York District, to bring forward a proposed general Official Plan Amendment to the Secondary Plan, based on an offer to settle (“Offer”) submitted by Hullmark Centre Inc. (“Hullmark”), to the next possible North York Community Council meeting, for public consultation via a statutory Public Meeting pursuant to the Planning Act.

2.         Directed the Director, Community Planning, North York District, to bring forward a proposed site-specific Official Plan Amendment to the Secondary Plan, based on the Offer submitted by Hullmark, to the next possible North York Community Council meeting for public consultation via a statutory Public Meeting pursuant to the Planning Act.

3.         Directed the Director, Community Planning, North York District, to bring forward to the next possible North York Community Council meeting a Planning Report regarding the Offer, to be considered concurrently with the Public Meeting, to consider the proposed Official Plan Amendments.

4.         Directed that notice for the Public Meeting(s) under the Planning Act, be given according to the Regulations of the Planning Act.

Official Plan Amendment and Zoning By-law Amendment applications have been submitted by Hullmark Centre Inc. (“Hullmark”) to permit a high density mixed use development, including a major office component, on the Willowdale Plaza lands located at the southeast corner of Yonge Street and Sheppard Avenue. After extensive negotiations between Hullmark and its team and City staff, which have resulted in a number of important improvements and refinements to the proposed project, Hullmark submitted an offer to settle (“Offer”) on March 27, 2009.

Staff is making Community Council aware of the Offer and requests direction with respect to the processing of this matter. It is contemplated that if the Official Plan Amendments being proposed are satisfactory to City Council, then it is expected that a detailed site-specific zoning by-law will follow.

North York Community Council recommends that:

1.         City Council amend the Zoning By-law for the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (March 27, 2009) from the Director, Community Planning, North York District, subject to the Zoning By-law being amended to not permit a body shop as one of the permitted uses.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3.         Before introducing the necessary Bills to City Council for enactment, Notice of Site Plan Approval Conditions shall be issued by the Director, Community Planning, North York District.

This application was submitted on January 12, 2006 and is therefore not subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes the conversion of an existing 23-storey hotel tower, located on former Inn on The Park site, into a 128-unit retirement residence.

The proposal is in conformity with the City’s Official Plan and is consistent with the Provincial Policy Statement. The proposal is appropriate for the site and compatible with the nearby residential context.

This report reviews and recommends approval of the application to amend the Zoning By-law.

North York Community Council recommends that:

 1.        City Council, for liquor licensing purposes, advise the Alcohol and Gaming Commission of Ontario that it has no objection to:

a.         the request for an extension of an existing liquor licence, from Gale Ghougassian, Food Service Director, Aramark Canada Ltd. – York University, for the Rugby Match at York University, to be held on Saturday, May 30, 2009 from 10:30 a.m. to 8:00 p.m., at York University Rugby Stadium (Keele Campus), 4700 Keele Street, which has been designated by the North York Community Council as an event of municipal significance.

North York Community Council, for liquor licensing purposes, declared the following to be an event of Municipal Significance:

1.         The Rugby Match at York University, to be held on Saturday, May 30, 2009 from 10:30 a.m. to 8:00 p.m., at York University Rugby Stadium (Keele Campus), 4700 Keele Street.

Request by the Food Service Director, Aramark Canada Ltd. - York University for an extension of the existing Liquor Licence for the Rugby Match at York University – Rugby Stadium (Keele Campus) on Saturday, May 30, 2009 from 10:30 a.m. to 8:00 p.m.

North York Community Council:

1.         Reconsidered its previous decision taken on March 26, 2009 and replaced Recommendation 5. with the following recommendation:

“5.        That parking be prohibited from 9:00 p.m. to 8:00 a.m. daily on the north side of Strathgowan Avenue, from Yonge Street to a point 90 metres east of Yonge Street.”

This motion is about a matter for which the Community Council has delegated authority from City Council to make a final decision.

At its meeting of March 26, 2009, North York Community Council:

1.         Directed that the existing no parking at anytime prohibition on the north side of Strathgowan Avenue, between Yonge Street and the ravine, be deleted.

2.         Directed that the existing no parking at anytime prohibition on the south side of Strathgowan Avenue, between Yonge Street and a point 36.6 metres east, be deleted.

3.         Directed that parking on the north side of Strathgowan Avenue, from Yonge Street to a point 90 metres east of Yonge Street, be permitted for maximum periods of 30 minutes between the hours of 8:00 a.m. and 9:00 p.m.

4.         Directed that parking on the north side of Strathgowan Avenue, be prohibited at anytime from a point 90 metres east of Yonge Street, to a point 100 metres east of St. Hilda’s Avenue.

5.         Directed that parking on the north side of Strathgowan Avenue, be prohibited at anytime from Yonge Street to a point 100 metres east of St. Hilda’s Avenue between the hours of 9:00 p.m. and 8:00 a.m.

6.         Directed that parking on the south side of Strathgowan Avenue, from Yonge Street to a point 90 metres east, be prohibited at anytime.

It has now been determined by Transportation staff that an amendment is required to Recommendation 5, in order to implement the parking prohibitions on Strathgowan Avenue.

The Decision of the North York Community Council regarding Item NY24.39 should be re-opened and reconsidered for the purposes of making an amendment to Recommendation 5. so that the recommendation now reads as follows:

                        “5.        That parking be prohibited from 9:00 p.m. to 8:00 a.m. daily on the north side of Strathgowan Avenue, from Yonge Street to a point 90 metres east of Yonge Street.”

North York Community Council recommends that:

1.         City Council instruct the City Solicitor to attend the OMB hearing for the minor variance appeal for 405 Gordon Baker Road and advise the OMB that the City of Toronto does not object to the granting of the requested minor variances, subject to the following conditions being imposed on the minor variances:

a.         that the maximum gross floor area for the entire place of worship use shall not exceed 4,710 square metres;

b.         that the maximum gross floor area for the sanctuary (worship area) portion of the place of worship shall not exceed 706 square metres;

c.         that the building be constructed and the landscaping be installed substantially in accordance with the Site Plan A1.0 dated April 2, 2009 and prepared by C.Y. Lee Architect Inc. and the Landscape Concept Plan L-1 dated April 2, 2009 and prepared by YWLA Landscape Architect; and

d.         that the building be constructed substantially in accordance with the Elevations Plan A2.1 dated April 2, 2009and prepared by C.Y. Lee Architect Inc.

The subject property is located at the northeast corner of Gordon Baker Road and Sparks Avenue.  The site is developed with a two storey building that has been vacant since 2007.

On February 4, 2009, the Committee of Adjustment refused a minor variance application to permit interior alterations for conversion to a place of worship.  This decision has been appealed to the Ontario Municipal Board which has scheduled a hearing date of May 5, 2009.

The three minor variances requested of the Committee are as follows:

1.         Proposed gross floor area for a place of worship of 5,218.2sm [56,170.08sf].

            WHEREAS the maximum permitted gross floor area for a place of worship is 2,787sm [30,000sf].

2.         More than one place of worship per Block.

            WHEREAS no more than one place of worship per Block is permitted on lots that are closer than 500m [1,640ft] from a lot that is zoned R or RM and on a road that is not an arterial or minor arterial road.

3.         The proposed place of worship is located within 500m [1,604ft] of another place of worship.

            WHEREAS no place of worship on a lot that abuts a road that is not an arterial or minor arterial road may be located within 500m [1,604ft] of another place of worship on a lot that abuts a road that is not an arterial or minor arterial road.

The local Councillor has met with the owner to discuss a number of revisions to the proposal that would make it acceptable.  The owner has agreed to make these revisions, including limitations on the overall size of the place of worship and the size of the sanctuary/worship area, landscape improvements, and changes to the Sparks Avenue building façade to eliminate four overhead loading doors.  Although the gross floor area of the proposal has been reduced by 10%, the number of parking spaces has remained the same at 253 spaces.

This Motion is brought forward on an urgent basis in order for Council to provide direction to the City Solicitor in advance of the OMB hearing.  There is no opportunity for this matter to be considered at a future Community Council meeting.

North York Community Council recommends that:

1.         City Council authorize the removal of eastbound right turn afternoon (4:00 p.m. to 7:00 p.m.) restrictions along Sheppard Avenue West at Easton Road, Senlac Road and Fennel Street.

2.         City Council authorize the addition of northbound left turn afternoon (4:00 p.m. to 7:00 p.m.) restrictions along Sheppard Avenue West at Pewter Road and Beaman Road.

North York Community Council:

1.         Requested the City Surveyor to conduct a poll of the property owners and residents affected by the renaming of Jack Evelyn Wiggins Drive, in accordance with the City’s Street Naming Policy.

2.         Requested the City Surveyor, if the poll indicates a majority are in favour of the name change, to submit a report to the North York Community Council meeting on May 14, 2009 requesting that:

a.         the street named “Jack Evelyn Wiggins Drive” be renamed to “Evelyn Wiggins Drive”;

b.         the lane named “Elia Lane” by Plan 66M-2439 be renamed to “Jack Wiggins Lane”;

c.         the walkway identified as Block 348 on Plan 66M-2439 be named “Elia Lane”; and

d.         the appropriate City officials take the necessary action to give effect thereto.

General Bills

North York Community Council enacted By-laws 427-2009 to 430-2009.

Confirmatory Bill

North York Community Council passed a Confirmatory Bill as By-law 431-2009.