City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council approve the request to remove one (1) privately-owned tree located in the rear yard of 9 Michigan Drive.

North York Community Council recommends that:

 

1.         City Council approve the request to remove one (1) privately-owned tree located in the rear yard of 9 Michigan Drive.

 

The report requests City Council’s authority to approve the request to remove a privately-owned tree, located in the rear yard of 9 Michigan Drive. This request has been made to allow for the construction of a new two-storey dwelling.

 

The applicant has received approval from the Committee of Adjustment for a minor variance which would allow the construction of a new dwelling. The tree cannot be protected from destruction if the proposed construction goes ahead due to its proximity to the existing house and its location relative to the proposed new dwelling. It is the opinion of staff that the replacement trees proposed will provide greater canopy coverage to the neighbourhood in the long term and, therefore, support the request for tree removal.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council exempt the applicant from the former City of North York Zoning By‑law 7625 requirement of eight (8) parking spaces, subject to payment‑in‑lieu for eight (8) parking spaces.

 

2.         City Council require the applicant to enter into an agreement with the City of Toronto for the payment‑in‑lieu of (eight) 8 parking spaces, based upon the proposed gross floor area (GFA), which in this case amounts to $40,000.00.

 

3.         City Council direct that the cash in-lieu payment made be applied directly to parking improvements in the immediate vicinity.

North York Community Council recommends that:

 

1.         City Council exempt the applicant from the former City of North York Zoning By-law 7625 requirement of eight (8) parking spaces, subject to payment-in-lieu for eight (8) parking spaces.

 

2.         City Council require the applicant to enter into an agreement with the City of Toronto for the payment-in-lieu of (eight) 8 parking spaces, based upon the proposed gross floor area (GFA), which in this case amounts to $40,000.00.

 

3.         City Council direct that the cash in-lieu payment made be applied directly to parking improvements in the immediate vicinity.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council include the property at 5151 Yonge Street (North York Hydro Building, 1929) on the City of Toronto Inventory of Heritage Properties.

North York Community Council recommends that:

 

1.         City Council include the property at 5151 Yonge Street (North York Hydro Building, 1929) on the City of Toronto Inventory of Heritage Properties.

North York Community Council:

 

1.         Requested the Director, Policy and Research, City Planning Division, to report directly to City Council for its meeting on May 25 and 26, 2009 on the specific nature of the importance of this building as the “first purpose built office building” and the importance to the North York Centre Plan of ensuring that office/commercial uses be constructed in the immediate block bounded by Yonge Street, Empress Avenue, Kingsdale Avenue and the public lane situated east of Yonge Street.

This report recommends that City Council include the property at 5151 Yonge Street (North York Hydro Building, 1929) on the City of Toronto Inventory of Heritage Properties.

 

The inclusion of the property on the City’s heritage inventory would enable staff to monitor applications affecting the site and encourage the retention of its heritage attributes and values.

 

 

The Toronto Preservation Board on April 23, 2009, considered the report (March 23, 2009) from the Director, Policy and Research, City Planning Division.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council refuse the application for demolition under Section 34 of the Ontario Heritage Act for the property at 5 Avonwick Gate (Senator Frank O’Connor House, Garage and Outbuilding).

 

2.         If the owner appeals Council’s decision to refuse the application for demolition under Section 34 of the Ontario Heritage Act, City Council authorize the City Solicitor and the necessary City staff to attend at the Ontario Municipal Board hearing in opposition of the appeal.

 

3.         City Council refuse the application under Section 32 of the Ontario Heritage Act to repeal By‑law No. 221‑2009 designating the property at 5 Avonwick Gate (Senator Frank O’Connor House, Garage and Outbuilding).

 

4.         If the owner appeals City Council’s decision to refuse the application under Section 32 of the Ontario Heritage Act to repeal the designating by-law, the City Clerk be directed to refer the matter to the Conservation Review Board.

North York Community Council recommends that:

 

1.         City Council refuse the application for demolition under Section 34 of the Ontario Heritage Act for the property at 5 Avonwick Gate (Senator Frank O’Connor House, Garage and Outbuilding).

 

2.         If  the owner appeals Council’s decision to refuse the application for demolition under Section 34 of the Ontario Heritage Act, City Council authorize the City Solicitor and the necessary City staff to attend at the Ontario Municipal Board hearing in opposition of the appeal.

 

3.         City Council refuse the application under Section 32 of the Ontario Heritage Act to repeal By-law No. 221-2009 designating the property at 5 Avonwick Gate (Senator Frank O’Connor House, Garage and Outbuilding).

 

4.         If the owner appeals City Council’s decision to refuse the application under Section 32 of the Ontario Heritage Act to repeal the designating by-law, the City Clerk be directed to refer the matter to the Conservation Review Board.

The owners of 5 Avonwick Gate (also known as 60 Rowena Drive) have applied to the City of Toronto to demolish the Senator O’Connor House, garage and outbuilding located at this address.  The Senator O’Connor House, garage and outbuilding have been designated by Toronto City Council as having cultural heritage value under Part IV of the Ontario Heritage Act.  Through a separate application the property owners have also applied to repeal By-law 221-2009 designating the property under Part IV of the Act.

 

Under Section 34.1 of the Act an applicant requires Council approval prior to demolishing a designated building.  Council has ninety (90) days to respond to both a demolition application and an application to repeal a designating by-law.  If Council does not respond to the demolition application by June 4, 2009 Council will be deemed to have consented to the application.

The Toronto Preservation Board on April 23, 2009, considered the report (March 31, 2009) from the Director, Policy and Research, City Planning Division.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council pass an assumption by-law to assume the public highways and municipal services in Billy Bishop Way road allowance within Registered Plan 64R‑16745.

 

2.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

 

3.         City Council receive the confidential attachment to the report (April 14, 2009) from the City Solicitor, for information and maintain the information in the confidential attachment as confidential pursuant to solicitor‑client privilege.

 

4.         City Council accept the Offer of Settlement from Costco Canada Inc. et al, re: Block H, Plan 64R‑16745, Billy Bishop Way, in the amount of $35,000.00.

 

5.         City Council direct that the funds noted in Part 4 above be applied exclusively towards the maintenance of the landscaping of the public right-of-way between the property and the Toronto Transit Commission commuter lot to the east of the site and the land south of Billy Bishop Way between the site and Highway No. 401, including watering the trees to ensure their survival.

 

6.         City Council direct that the applicant’s deposits be returned.

 

Confidential Attachment 1 to the report (April 14, 2009) from the City Solicitor, remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

North York Community Council recommends that:

 

1.         City Council pass an assumption by-law to assume the public highways and municipal services in Billy Bishop Way road allowance within Registered Plan 64R-16745.

 

2.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

 

3.         City Council receive the confidential attachment to the report (April 14, 2009) from the City Solicitor, for information and maintain the information in the confidential attachment as confidential pursuant to solicitor-client privilege.

 

4.         City Council accept the Offer of Settlement from Costco Canada Inc. et al, re: Block H, Plan 64R-16745, Billy Bishop Way, in the amount of $35,000.00.

 

 

5.         City Council direct that the funds noted in Recommendation 4. be applied exclusively towards the maintenance of the landscaping of the public right-of-way between the property and the Toronto Transit Commission commuter lot to the east of the site and the land south of Billy Bishop Way between the site and Highway No. 401, including watering the trees to ensure their survival.

 

6.         City Council direct that the applicant’s deposits be returned.

This report recommends that the municipal services installed under the terms of the Section 37 Agreement for Downsview Lands Secondary Plan - Block H, dated August 28, 2000, between Costco Canada Inc. and the City of Toronto are in the required condition to be assumed by the City.

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.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council pass an assumption by‑law to assume the municipal services in Subdivision Plan 66M‑2412.

 

2.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

North York Community Council recommends that:

 

1.         City Council pass an assumption by-law to assume the municipal services in Subdivision Plan 66M-2412.

 

2.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

This report recommends that the municipal services installed under the terms of the Subdivision Agreement for Plan 66M-2412, dated November 2, 2004, between Tribute Communities (York) Inc. and the City of Toronto are in the required condition to be assumed by the City.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

City Council authorize an exception to its policy that the names of streets and lanes should not be changed and:

 

1.         City Council rename Jack Evelyn Wiggins Drive as  "Evelyn Wiggins Drive”.

 

2.         City Council rename Elia Lane as " Jack Wiggins Lane”.

 

3.         City Council refer the following recommendation contained in the report (May 22, 2009) from the Executive Director, Technical Services, to the North York Community Council for consideration:

 

             “The walkway identified as Block 348 (The Walkway) on Plan 66M-2439 be renamed “Elia Lane”.

 

4.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto, including the introduction of the appropriate by-laws.

North York Community Council submits the following requests to City Council without recommendation:

 

1.         The request to rename the street named “Jack Evelyn Wiggins Drive” to Evelyn Wiggins Drive”.

 

2.         The request to rename the lane named “Elia Lane” to Jack Wiggins Lane”.

North York Community Council:

 

1.         Took no action on the request to name the walkway identified as Block 348 on Plan 66M 2439, as “Elia Lane”.

 

2.         Requested the City Surveyor to submit a report directly to City Council for its meeting on May 25 and 26, 2009, on the results of the poll that was conducted.

 

North York Community Council, at its meeting on April 21, 2009:

 

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.

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 responds to the request of the North York Community Council to report on the renaming of Jack Evelyn Wiggins Drive.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council accept the Offer to Purchase from Rafael & Isabel Varela to purchase the City‑owned parcel of vacant land, located at the rear of 119 Horsham Avenue, shown as Part 3 on Sketch No. PS‑2001‑061 (the “Sketch”), being Part of Lot 36, Plan 3163, City of Toronto (the “Property”), in the amount of $5,000.00, substantially on the terms and conditions outlined in Appendix “A” to the report (April 27, 2009) from the Chief Corporate Officer.

 

2.         City Council authorize severally each of the Chief Corporate Officer and the Director of Real Estate Services to accept the Offer to Purchase on behalf of the City.

 

3.         City Council direct a portion of the proceeds of closing to fund the outstanding expenses related to the Property and the completion of the sale transaction.

 

4.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

North York Community Council recommends that:

 

1.         City Council accept the Offer to Purchase from Rafael & Isabel Varela to purchase the City-owned parcel of vacant land, located at the rear of 119 Horsham Avenue, shown as Part 3 on Sketch No. PS-2001-061 (the “Sketch”), being Part of Lot 36, Plan 3163, City of Toronto (the “Property”), in the amount of $5,000.00, substantially on the terms and conditions outlined in Appendix “A” to the report (April 27, 2009) from the Chief Corporate Officer.

 

2.         City Council authorize severally each of the Chief Corporate Officer and the Director of Real Estate Services to accept the Offer to Purchase on behalf of the City.

 

3.         City Council direct a portion of the proceeds of closing to fund the outstanding expenses related to the Property and the completion of the sale transaction.

 

4.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

The purpose of this report is to obtain approval for the sale of the City-owned parcel of vacant land at the rear of119 Horsham Avenue.  Negotiations with the adjoining owners at 119 Horsham Avenue have resulted in the Offer to Purchase that is being recommended for acceptance by the City.

 

The terms for completing the transaction as set out herein are considered to be fair, reasonable and reflective of market value.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council accept the Offer to Purchase from Mihyang Lee and Yongsoo Ahn to purchase the City-owned parcel of vacant land located at the rear of 121 Horsham Avenue, shown as Part 2 on Sketch No. PS‑2001‑061 (the “Sketch”), being Part of Lot 36, Plan 3163, City of Toronto (the “Property”), in the amount of $5,000.00, substantially on the terms and conditions outlined in Appendix “A” to the report (April 23, 2009) from the Chief Corporate Officer.

 

2.         City Council authorize severally each of the Chief Corporate Officer and the Director of Real Estate Services to accept the Offer to Purchase on behalf of the City.

 

3.         City Council direct a portion of the proceeds of closing to fund the outstanding expenses related to the Property and the completion of the sale transaction.

 

4.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

North York Community Council recommends that:

 

1.         City Council accept the Offer to Purchase from Mihyang Lee and Yongsoo Ahn to purchase the City-owned parcel of vacant land located at the rear of 121 Horsham Avenue, shown as Part 2 on Sketch No. PS-2001-061 (the “Sketch”), being Part of Lot 36, Plan 3163, City of Toronto (the “Property”), in the amount of $5,000.00, substantially on the terms and conditions outlined in Appendix “A” to the report (April 23, 2009) from the Chief Corporate Officer.

 

2.         City Council authorize severally each of the Chief Corporate Officer and the Director of Real Estate Services to accept the Offer to Purchase on behalf of the City.

 

3.         City Council direct a portion of the proceeds of closing to fund the outstanding expenses related to the Property and the completion of the sale transaction.

 

4.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

The purpose of this report is to obtain approval for the sale of the City-owned parcel of vacant land at the rear of 121 Horsham Avenue. Negotiations with the adjoining owners at 121 Horsham Avenue have resulted in the Offer to Purchase that is being recommended for acceptance by the City.

 

The terms for completing the transaction as set out herein are considered to be fair, reasonable and reflective of market value.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council sanction and grant the Community Festival Permit for the Cultural and Wine Festival to Cypriot Community of Toronto Inc., subject to the following terms and conditions:

 

a.         Section 3.2 (f) of the former Borough of East York By-law No. 67‑95 regarding security provisions to the Community Festival Permit be waived provided that the Cypriot Community of Toronto Inc. provides approximately five to ten security officers from their membership who will oversee the security for the Cultural and Wine Festival;

 

b.         the applicant shall be responsible for arranging the private collection and disposal of all waste generated from the Cultural and Wine Festival;

 

c.         where the festival takes place outdoors, the applicant shall ensure that adequate containers are provided to control litter and that the containers are emptied on a regular basis to ensure that litter does not become a problem on the permitted or surrounding properties;

 

d.         for any portion of the event to be held outdoors, the applicant shall ensure that there is provision of barriers for liquor control, portable washrooms and increased security;

 

e.         the applicant comply with the following requirements of Toronto Building, North York District:

 

i.          drawings in duplicate must be submitted to Toronto Building Division, North York District, North York Civic Centre, 5100 Yonge Street and a building permit must be obtained, for the installation of any tents and the construction of the stage for the orchestra, prior to the actual installation/construction; as for the stage, a building permit would be required if the stage is more than 2 feet above adjacent ground and is more than 10 m² in area;

 

ii.          drawings must indicate the size and location of the tent with distances from the property lines and other buildings;

 

iii.         details of the tent and its material must be submitted, as per Attachment 1 to the report (April 22, 2009) from the City Clerk;

 

iv.         the drawings must also show the size of the stage platform, the structural framing and its support, steps, guards and handrails; and

 

v.         a qualified professional engineer and/or a qualified designer may be required to provide the design, as per Attachment 1 to the report (April 22, 2009) from the City Clerk;

 

f.          the applicant comply with the following requirements of the Municipal Licensing & Standards Division, North York District:

 

i.          the sound emitted from any equipment shall not exceed an equivalent sound level (Leq) of 85 dBA when measured 20 metres from the source over a five minute period;

 

ii.          where the sound level exceeds 85 dBA, the applicant shall comply with any request made by an officer of the Toronto Police Service or a Municipal Standards Officer of the Municipal Licensing & Standards Division with respect to the volume of sound from the equipment to ensure compliance with Toronto Municipal Code, Chapter 591 – Noise, subsection D(1);

 

iii.         no sound other than the equipment approved under the permit shall be used by the applicant;

 

iv.         the event or activity shall be restricted to the approved location;

 

v.         the permission granted is for the date and times for the event or activity as set out in the permit; and

 

vi.         the Executive Director, Municipal Licensing and Standards Division, grant an exemption to the Toronto Municipal Code, Chapter 591 – Noise, to permit the amplification of sound or playing of music until 2:00 a.m. on June 21, 2009; and 1:00 a.m. on June 22, 2009, on the basis that no complaints have been received by Municipal Licensing and Standards on past events;

 

g.         the applicant comply with the following requirements of Fire Prevention, Toronto Fire Services:

 

i.          no open flames (candles, food warmers, etc.) to be used inside the tent(s) and/or marquis;

 

ii.          one 3A, 10BC rated ULC Listed portable fire extinguisher is to be provided near the BBQ area;

 

iii.         if the BBQ is to be located under a canopy, the canopy is to be of non combustible material; and

 

iv.         all fire department access routes to the building and to temporary tents/marquis are to be maintained clear and available for emergency vehicle access at all times; and

 

h.         the applicant comply with the requirements of Toronto Public Health, as part of their Special Events package, to ensure that the event organizer and food vendors comply with all requirement of the Ontario Food Premises Regulation (O. Reg 562 as amended), and that an onsite inspection by Toronto Public Health staff will be conducted on the days of the event (June 20 and 21, 2009).

North York Community Council recommends that:

 

1.         City Council sanction and grant the Community Festival Permit for the Cultural and Wine Festival to Cypriot Community of Toronto Inc., subject to the following terms and conditions:

 

a.         Section 3.2 (f) of the former Borough of East York By-law No. 67-95 regarding security provisions to the Community Festival Permit be waived provided that the Cypriot Community of Toronto Inc. provides approximately five to ten security officers from their membership who will oversee the security for the Cultural and Wine Festival;

 

b.         the applicant shall be responsible for arranging the private collection and disposal of all waste generated from the Cultural and Wine Festival;

 

c.         where the festival takes place outdoors, the applicant shall ensure that adequate containers are provided to control litter and that the containers are emptied on a regular basis to ensure that litter does not become a problem on the permitted or surrounding properties;

 

d.         for any portion of the event to be held outdoors, the applicant shall ensure that there is provision of barriers for liquor control, portable washrooms and increased security;

 

e.         the applicant comply with the following requirements of Toronto Building, North York District:

 

 

 

 

 

 

i.          drawings in duplicate must be submitted to Toronto Building Division, North York District, North York Civic Centre, 5100 Yonge Street and a building permit must be obtained, for the installation of any tents and the construction of the stage for the orchestra, prior to the actual installation/construction; as for the stage, a building permit would be required if the stage is more than 2 feet above adjacent ground and is more than 10 m² in area;

 

ii.          drawings must indicate the size and location of the tent with distances from the property lines and other buildings;

 

iii.         details of the tent and its material must be submitted, as per Attachment 1 to the report (April 22, 2009) from the City Clerk;

 

iv.         the drawings must also show the size of the stage platform, the structural framing and its support, steps, guards and handrails; and

 

v.         a qualified professional engineer and/or a qualified designer may be required to provide the design, as per Attachment 1 to the report (April 22, 2009) from the City Clerk;

 

f.          the applicant comply with the following requirements of the Municipal Licensing & Standards Division, North York District:

 

i.          the sound emitted from any equipment shall not exceed an equivalent sound level (Leq) of 85 dBA when measured 20 metres from the source over a five minute period;

 

ii.          where the sound level exceeds 85 dBA, the applicant shall comply with any request made by an officer of the Toronto Police Service or a Municipal Standards Officer of the Municipal Licensing & Standards Division with respect to the volume of sound from the equipment to ensure compliance with Toronto Municipal Code, Chapter 591 – Noise, subsection D(1);

 

iii.         no sound other than the equipment approved under the permit shall be used by the applicant;

 

iv.         the event or activity shall be restricted to the approved location;

 

v.         the permission granted is for the date and times for the event or activity as set out in the permit; and

 

vi.         the Executive Director, Municipal Licensing and Standards Division, grant an exemption to the Toronto Municipal Code, Chapter 591 – Noise, to permit the amplification of sound or playing of music until 2:00 a.m. on June 21, 2009; and 1:00 a.m. on June 22, 2009, on the basis that no complaints have been received by Municipal Licensing and Standards on past events;

 

g.         the applicant comply with the following requirements of Fire Prevention, Toronto Fire Services:

 

i.          no open flames (candles, food warmers, etc.) to be used inside the tent(s) and/or marquis;

 

ii.          one 3A, 10BC rated ULC Listed portable fire extinguisher is to be provided near the BBQ area;

 

iii.         if the BBQ is to be located under a canopy, the canopy is to be of non combustible material; and

 

iv.         all fire department access routes to the building and to temporary tents/marquis are to be maintained clear and available for emergency vehicle access at all times; and

 

h.         the applicant comply with the requirements of Toronto Public Health, as part of their Special Events package, to ensure that the event organizer and food vendors comply with all requirement of the Ontario Food Premises Regulation (O. Reg 562 as amended), and that an onsite inspection by Toronto Public Health staff will be conducted on the days of the event (June 20 and 21, 2009).

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

 

1.         The Cultural and Wine Festival to be held on Saturday, June 20, 2009 and Sunday, June 21, 2009, and hosted by the Cypriot Community of Toronto Inc.

A Community Festival Permit Application from the Cypriot Community of Toronto Inc. was received by the City Clerk’s North York Office regarding a proposed Cultural and Wine Festival to be held at 6 Thorncliffe Park Drive on June 20 and 21, 2009.

 

The purpose of the event is to raise funds for the Cypriot community.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council enact a Part Lot Control Exemption By-law for Blocks 2 & 3 of Registered Plan of Subdivision 66M-4232.

 

2.         City Council deem that the Part Lot Control Exemption By-law shall expire two years from the date of its passing.

 

 3.        City Council require proof of payment of all current property taxes for the subject site from the owner prior to enactment of the Part Lot Control Exemption By-law.

 

4.         City Council authorize the City Solicitor to make such stylistic and technical changes to the Part Lot Control Exemption By‑law as may be required.

 

5.         City Council authorize the City Solicitor to introduce the Part Lot Control Exemption By-law in Council after the owner of the subject lands has registered a Section 118 Restriction under the Land Titles Act, agreeing not to transfer or change any part of the said lands without the prior written consent of the Director of Community Planning, North York District.

 

6.          City Council direct that prior to obtaining the written consent of the Director, Community Planning, North York District, as provided for in Recommendation 5. above, the owner of the subject lands shall provide a Reference Plan to the satisfaction of the Director, Community Planning, North York District, which identifies the proposed new lot lines and easements requested by the owner.

 

7.         City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction at such time as the Condominium Plans have been registered.

North York Community Council recommends that:

 

1.         City Council enact a Part Lot Control Exemption By-law for Blocks 2 & 3 of Registered Plan of Subdivision 66M-4232.

 

2.         City Council deem that the Part Lot Control Exemption By-law shall expire two years from the date of its passing.

 

 3.        City Council require proof of payment of all current property taxes for the subject site from the owner prior to enactment of the Part Lot Control Exemption By-law.

 

4.         City Council authorize the City Solicitor to make such stylistic and technical changes to the Part Lot Control Exemption By-law as may be required.

 

5.         City Council authorize the City Solicitor to introduce the Part Lot Control Exemption By-law in Council after the owner of the subject lands has registered a Section 118 Restriction under the Land Titles Act, agreeing not to transfer or change any part of the said lands without the prior written consent of the Director of Community Planning, North York District.

 

6.         City Council direct that prior to obtaining the written consent of the Director, Community Planning, North York District, as provided for in Recommendation 5. above, the owner of the subject lands shall provide a Reference Plan to the satisfaction of the Director, Community Planning, North York District, which identifies the proposed new lot lines and easements requested by the owner.

 

7.         City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction at such time as the Condominium Plans have been registered.

This application was made on March 9, 2009 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

This application proposes exemption from part lot control to allow for easements and agreements for shared facilities, phased mortgage financing and individual condominium ownership for five buildings in a proposed mixed use development at 1181 Sheppard Ave East at Leslie Street.  This report recommends exemption from part lot control subject to the conditions contained in this report.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council direct the Chief Planner and Executive Director, City Planning Division, to resolve the outstanding matters identified in the report (April 23, 2009) from the Director, Community Planning, North York District, prior to bringing forward Official Plan and Zoning By‑law Amendments to update the planning framework for the York University Secondary Plan.

North York Community Council recommends that:

 

1.         City Council direct the Chief Planner and Executive Director, City Planning Division, to resolve the outstanding matters identified in the report (April 23, 2009) from the Director, Community Planning, North York District, prior to bringing forward Official Plan and Zoning By-law Amendments to update the planning framework for the York University Secondary Plan.

North York Community Council:

 

1.         Directed City Planning Staff to hold a community consultation meeting on the draft Official Plan and Zoning By-law Amendments and incorporate any appropriate comments.

 

2.         Directed City Planning Staff to provide notice for the community consultation meeting to landowners and residents within 120 metres of the study area, to residents and landowners south of the hydro corridor, east of Black Creek valley and north of Finch Avenue, to those on the York University Secondary Plan update mailing list and place newspaper advertisements in the North York Mirror and the Toronto Star.

 

3.         Directed the City Clerk’s Staff to give notice for the Public Meeting under the Planning Act according to the regulations of the Planning Act.

 

4.         Requested the Chief Planner and Executive Director, City Planning Division, to report on the following matters in the final report for the York University Secondary Plan update to City Council through the North York Community Council:

 

a.         including additional, appropriate development and urban design controls for development located within 500 metres of Black Creek Pioneer Village to complement the unique and historical character of Black Creek Pioneer Village;

 

b.         providing additional clarification regarding the proposed parkland strategy for the Secondary Plan area including the provision of parkland versus and cash-in-lieu of land;

 

c.         whether York University should be required to introduce a Universal Student Metropass program and/or other strategies to provide additional incentives for students/employees to take public transit prior to allowing further reductions in the University’s parking requirements as currently contemplated in the draft Secondary Plan;

 

d.         applying the City’s public art policies and guidelines to all university development and to all non-university development greater than 1,000 m2;

 

 

e.         determining if it is appropriate to identify priority sites for public art contributions for university and non-university development at the Secondary Plan stage;

 

f.          including provisions in the Secondary Plan that require bicycle parking facilities to be provided at no charge;

 

g.         maintaining the bus rapid transit route presently under construction for surface transit routes within the Secondary Plan area;

 

h.         removing policy 5.6.1 in the draft Secondary Plan that identifies that Section 37 of the Planning Act does not apply to increases in building heights in the Secondary Plan area;

 

i.          including additional direction in the Secondary Plan identifying that future modifications to Appendix 1 of the Plan, may only occur without amendment to the Secondary Plan where Community Services and Facilities Strategies are submitted at the precinct planning stage to the satisfaction of the City and where appropriate consultation with the ward Councillor and local community occurs; and

 

j.          including additional direction in the Secondary Plan to address the provision of amenity space in student and university-related housing developments to accommodate the needs of students, visiting professors etc. and identifying potential locations for amenity space.

 

5.         Requested the appropriate City Staff to report to City Council through the North York Community Council at the same time as the final report on the York University Secondary Plan update on requiring York University to adopt the City-wide procedures established for parking enforcement and include any appropriate provisions to address this in the Secondary Plan.

 

6.         Requested the appropriate City Staff to report to City Council through the North York Community Council at the same time as the final report on the York University Secondary Plan update on whether there are any existing water pressure issues in and around the Secondary Plan area and whether the development of the Secondary Plan area as contemplated in the draft Secondary Plan would have implications for water pressure in the surrounding communities and whether any upgrades may be required.

 

7.         Requested the Director, Policy and Research, City Planning Division, to report to the North York Community Council on “designating” these “listed” buildings: Stong House, Stong Barn, Hoover House and Osgoode House.

 

8.         Requested the Director, Policy and Research, City Planning Division, to report to the North York Community Council on “listing” other buildings of architectural significance or interest on the City’s inventory of heritage properties on the York University Campus.

 

9.         Requested the General Manager, Parks, Forestry and Recreation, to provide a status report on the development of Fred Young Park, including:

 

a.         total amount of donation with interest to date;

 

b.         how the donation will be used;

 

c.         the timing of the park development; and

 

d.         details of what is to be included in the park.

The purpose of this report is to provide information on the status of the York University Secondary Plan update, present the findings of the review and the proposed amendments to the City of Toronto Official Plan and the former City of North York Zoning By-law. This report also identifies outstanding matters to be resolved and anticipated timing to complete the review.  With the review nearing completion, this is an appropriate time to present the findings of the consultant’s work and advance draft recommendations for an updated planning framework for the Secondary Plan area.

 

This report recommends that the proposed amendments to the Secondary Plan, and amendments to the Zoning By-law addressing vehicle parking requirements for the University and bicycle parking for the Secondary Plan area, be discussed with the community prior to being considered by City Council for adoption.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council refuse the application (08 119061 NNY 00 RH) for a permit to demolish 116 rental units at 1325-1365 Bayview Avenue, 2, 4, 3-11 Airdrie Road, and 2-8 Sutherland Drive.

North York Community Council recommends that:

 

1.         City Council refuse the application (08 119061 NNY 00 RH) for a permit to demolish 116 rental units at 1325-1365 Bayview Avenue, 2, 4, 3-11 Airdrie Road, and 2-8 Sutherland Drive.

This application seeks permission to demolish the existing 116 rental units located at 1325-1365 Bayview Ave., 2, 4, 3-11 Airdrie Rd., and 2-8 Sutherland Dr.  The demolition of residential rental units is prohibited under Chapter 667 of the Toronto Municipal Code unless a permit has been issued under Section 111 of the City of Toronto Act.  Council’s decision is final and cannot be appealed to the Ontario Municipal Board.

 

City Council has refused the proposed Official Plan and Zoning By-law Amendment application for an 8-storey residential building and 54 townhouses, because it does not meet the intent of the Official Plan.  The proposed development requires the demolition of the existing structures.  The properties are designated under the Ontario Heritage Act.  Council has also refused an application to demolish the heritage structures.  Council’s refusals have been appealed to the Ontario Municipal Board, with a consolidated hearing scheduled to begin in August, 2009.

 

This report recommends refusal of the Section 111 application because the proposed replacement in the new rental apartment building of the 116 rental units to be demolished can only be achieved through the demolition of designated heritage structures and by way of Official Plan and zoning by-law amendments which have been refused by Council for other planning reasons.  Refusal of the Section 111 application would therefore be consistent with Council’s refusals of the OPA/rezoning and heritage demolition applications.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council endorse Hullmark’s offer to settle and advance the approvals to permit the proposed 35 and 44 storey mixed commercial and residential development, with a maximum gross floor area of 90,591 m2 which is to include a minimum of 23,000 m2 office space and a minimum of 6,200 m2 retail space, with two pedestrian connections to the subway, and with a range of density incentives, as described in further detail in this Report, substantially as outlined in Attachment No. 7 to the report (April 27, 2009) from the Director, Community Planning, North York District.

 

2.         City Council amend the North York Centre Secondary Plan, substantially in accordance with the draft general Official Plan Amendment contained in Schedule B of Attachment No. 7 to the report (April 27, 2009) from the Director, Community Planning, North York District.

 

3.         City Council amend the North York Centre Secondary Plan for the 4759‑4789 Yonge Street site, located at the southeast corner of Yonge Street and Sheppard Avenue East, substantially in accordance with the draft site-specific Official Plan Amendment contained in Schedule C of Attachment No. 7, to the report (April 27, 2009) from the Director, Community Planning, North York District, modified with the addition of the following “Clause 4” to clarify procedural matters:

 

                         “For greater certainty, all provisions of the North York Centre Secondary Plan and all other relevant provisions of the City of Toronto Plan not yet applicable to the lands shown as 19 on Map 8‑12 will be brought into force concurrently with this site-specific amendment."

 

4.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendments as may be required.

 

5.          City Council accept this offer to settle and adopt the proposed Official Plan Amendments substantially as per Schedules B and C of Attachment No. 7, to the report (April 27, 2009) from the Director, Community Planning, North York District, as modified by Part 3 above, and authorize the City Solicitor to seek with Hullmark, on consent, an order from the Ontario Municipal Board to resolve Hullmark’s outstanding appeal to the City’s Official Plan.

 

6.         Subject to taking the necessary procedural steps, City Council support in principle declaring as surplus Parts 18, 21 and 23 identified on the November 12, 2008 draft R‑Plan by R.M. Pastushak, O.L.S., having an area of 222 m2, and inviting an offer from the Owner, consistent with the offer to settle, to acquire a strata fee interest these lands, subject to any infrastructure requirements of the Toronto Transit Commission.

 

7.          City Council adopt the proposed Official Plan Amendments substantially as per Schedules B and C of Attachment No. 7, to the report (April 27, 2009) from the Director, Community Planning, North York District, as modified by Part 3 above, and should the Ontario Municipal Board approve the proposed Official Plan Amendments, City Council authorize City Planning staff to bring forward the related Zoning Amendment application (including the statutory Public Meeting for the proposed zoning by-law amendment) and Site Plan Control application to the next possible North York Community Council meeting(s) following resolution of any relevant outstanding matters.

North York Community Council recommends that:

 

1.         City Council endorse Hullmark’s offer to settle and advance the approvals to permit the proposed 35 and 44 storey mixed commercial and residential development, with a maximum gross floor area of 90,591 m2 which is to include a minimum of 23,000 m2 office space and a minimum of 6,200 m2 retail space, with two pedestrian connections to the subway, and with a range of density incentives, as described in further detail in this Report, substantially as outlined in Attachment No. 7 to the report (April 27, 2009) from the Director, Community Planning, North York District.

 

2.         City Council amend the North York Centre Secondary Plan, substantially in accordance with the draft general Official Plan Amendment contained in Schedule B of Attachment No. 7 to the report (April 27, 2009) from the Director, Community Planning, North York District.

 

3.         City Council amend the North York Centre Secondary Plan for the 4759-4789 Yonge Street site, located at the southeast corner of Yonge Street and Sheppard Avenue East, substantially in accordance with the draft site-specific Official Plan Amendment contained in Schedule C of Attachment No. 7, to the report (April 27, 2009) from the Director, Community Planning, North York District, modified with the addition of the following “Clause 4” to clarify procedural matters:

 

                        “For greater certainty, all provisions of the North York Centre Secondary Plan and all other relevant provisions of the City of Toronto Plan not yet applicable to the lands shown as 19 on Map 8-12 will be brought into force concurrently with this site-specific amendment."

 

4.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendments as may be required.

 

5.          City Council accept this offer to settle and adopt the proposed Official Plan Amendments substantially as per Schedules B and C of Attachment No. 7, to the report (April 27, 2009) from the Director, Community Planning, North York District, as modified by Recommendation 3. above, and authorize the City Solicitor to seek with Hullmark, on consent, an order from the Ontario Municipal Board to resolve Hullmark’s outstanding appeal to the City’s Official Plan.

 

6.         Subject to taking the necessary procedural steps, City Council support in principle declaring as surplus Parts 18, 21 and 23 identified on the November 12, 2008 draft R-Plan by R.M. Pastushak, O.L.S., having an area of 222 m2, and inviting an offer from the Owner, consistent with the offer to settle, to acquire a strata fee interest these lands, subject to any infrastructure requirements of the Toronto Transit Commission.

 

7.          City Council adopt the proposed Official Plan Amendments substantially as per Schedules B and C of Attachment No. 7, to the report (April 27, 2009) from the Director, Community Planning, North York District, as modified by Recommendation 3. above, and should the Ontario Municipal Board approve the proposed Official Plan Amendments, City Council authorize City Planning staff to bring forward the related Zoning Amendment application (including the statutory Public Meeting for the proposed zoning by-law amendment) and Site Plan Control application to the next possible North York Community Council meeting(s) following resolution of any relevant outstanding matters.

The applicant Hullmark Centre Inc. (“Hullmark”) proposes to develop a 35-storey and a 44-storey building, connected by a 5-storey link building, on the Willowdale Plaza lands located at the southeast corner of Yonge Street and Sheppard Avenue East.  The proposed mixed use development includes office, retail and residential uses.

 

The Official Plan Amendment and Zoning Amendment applications were made on August 3, 2006 and are therefore not subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.  The related Site Plan Control application was made on March 19, 2008, and is subject to these new provisions.

 

This report discusses and recommends Hullmark’s offer to settle (“Offer”) which was before North York Community Council at its April 21, 2009 meeting.  The report recommends approval of the application to amend the Official Plan, including both a general and a site-specific Official Plan Amendment.  It also sets out recommendations for the further processing of the related Zoning Amendment and Site Plan Control applications.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council support the approval of the applications subject to the following modifications:

 

a.         the total number of units on Hobson Avenue be reduced to accommodate a shared private driveway at the rear of the properties and provide for an acceptable interface with the employment lands on the west side of Hobson Avenue to the satisfaction of the Chief Planner and Executive Director of City Planning and the General Manager of Transportation Services;

 

b.         two parking spaces be provided for each unit to the satisfaction of the General Manager, Transportation Services Division;

 

c.         the applicant shall address the stormwater management issues identified by Technical Services Division. Specifically, the applicant shall provide the required revisions to the functional servicing and stormwater management report, a geotechnical report and the additional storm sewer drainage plan, design sheets and other plans and information as requested;

 

d the applicant shall address the site servicing and grading issues identified by Technical Services Division.  Specifically, the applicant shall provide a preliminary engineering report, including a flow test and water distribution analysis and the required additional plans and profile for services, grade control plans, sanitary sewer drainage plans, composite utility plan, design sheets and other plans as requested;

 

e.         the proposed public roads to be conveyed to the City will comply with the requirements of the “Policy and Standards for Public Local Residential Streets and Private Streets” and the City’s “Development and Infrastructure Policy and Standards”, including:

 

i.          the existing Jinnah Court“ cul-de-sac” immediately north of the site must be removed and reconfigured to create a continuous north/south roadway;

 

ii.          the right-of-way width of the proposed Jinnah Court extension shall be 18.5 metres wide with a 8.5 metre wide residential asphalt roadway; and

 

iii.         the applicant is required to provide a functional design of the proposed public roads to the satisfaction of the Executive Director of Technical Services;

 

f.          all services to be installed by the owner shall be according to City of Toronto standards and specifications as outlined by the Executive Director of Technical Services and shall be secured 100% by irrevocable letter of credit;

 

g.         the owner shall pay a 5% fee for the City’s engineering review and inspection services, based on the cost of all proposed infrastructure works for the subdivision, as estimated by the owner’s consultant and satisfactory to the Executive Director of Technical Services;

 

h.         the owner shall enter into and adhere to all conditions of the City’s standard Subdivision Agreement;

 

i.          the treatment of grades and building heights will not result in buildings which are noticeably taller than the existing townhouses on Jinnah Court and Tisdale Avenue;

 

j.          the following built form revisions shall be made:

 

i.          grade relationships for proposed units should not result in front doors more than six steps higher than grade; and

 

ii.          improved elevations shall be provided for both street facades when the building is on a corner. The design of a corner building should be unique and incorporate special features; and

 

k.         the proposed landscaping shall be revised to:

 

i.          provide additional opportunities for planting large growing shade trees;

 

ii.          coordinate landscaping with walkways, exterior lighting and utilities;

 

iii.         locate utilities at the rear of units where possible, integrated into the building or screened by landscaping;

 

iv.         provide permeable surfaces for driveways; and

 

v.         maximize the amount of soft landscaping on both the public right‑of‑way and private property;

 

2.         City Council direct the City Solicitor and City Staff to continue discussions with the applicant concerning appropriate public benefits that would be provided for the increased height and density that may be approved for the site pursuant to Section 37 of the Planning Act.

 

3.         City Council authorize City Staff to attend the Ontario Municipal Board hearing in support of the position set out in the report (April 27, 2009) from the Director, Community Planning, North York District, and authorize the City Solicitor and any other appropriate City Staff to take such actions as necessary to give effect to the recommendations of the report (April 27, 2009) from the Director, Community Planning, North York District.

 

4.         City Council request the Ontario Municipal Board to withhold its order on a modified proposal as set out in Recommendation 1. above until the following conditions are satisfied:

 

a.         the final form of the Official Plan and Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director of City Planning;

 

b.         the owner enters into an agreement with the City pursuant to Section 51 of the Planning Act satisfactory to the Chief Planner and Executive Director of City Planning and the Executive Director of Technical Services;

 

c.         the owner enters into an agreement with the City pursuant to Section 114 of the City of Toronto Act satisfactory to the Chief Planner and Executive Director of City Planning;

 

d.         the owner enters into an agreement with the City pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director of City Planning; and

 

e.         require that the applicant submit a draft plan of condominium application in the event a common elements condominium is required as part of the approved development.

 

5.         City Council require that the proposed Wedmore Avenue extension be closed at Hobson Avenue to prevent the infiltration of traffic into the proposed residential development.

 

6.         City Council direct City staff to work with the applicant to implement measures to mitigate the impact of the proposed residential development on the employment lands located on the west side of Hobson Avenue, including without limitation, enhanced landscaping on the east side of Hobson Avenue, and that staff utilize methods available to secure such mitigation measures where possible.

North York Community Council recommends that:

 

1.         City Council support the approval of the applications subject to the following modifications:

 

a.         the total number of units on Hobson Avenue be reduced to accommodate a shared private driveway at the rear of the properties and provide for an acceptable interface with the employment lands on the west side of Hobson Avenue to the satisfaction of the Chief Planner and Executive Director of City Planning and the General Manager of Transportation Services;

 

b.         two parking spaces be provided for each unit to the satisfaction of the General Manager, Transportation Services Division;

 

c.         the applicant shall address the stormwater management issues identified by Technical Services Division.  Specifically, the applicant shall provide the required revisions to the functional servicing and stormwater management report, a geotechnical report and the additional storm sewer drainage plan, design sheets and other plans and information as requested;

 

d.         the applicant shall address the site servicing and grading issues identified by Technical Services Division.  Specifically, the applicant shall provide a preliminary engineering report, including a flow test and water distribution analysis and the required additional plans and profile for services, grade control plans, sanitary sewer drainage plans, composite utility plan, design sheets and other plans as requested;

 

e.         the proposed public roads to be conveyed to the City will comply with the requirements of the “Policy and Standards for Public Local Residential Streets and Private Streets” and the City’s “Development and Infrastructure Policy and Standards”, including:

 

i.          the existing Jinnah Court“ cul-de-sac” immediately north of the site must be removed and reconfigured to create a continuous north/south roadway;

 

ii.          the right-of-way width of the proposed Jinnah Court extension shall be 18.5 metres wide with a 8.5 metre wide residential asphalt roadway; and

 

iii.         the applicant is required to provide a functional design of the proposed public roads to the satisfaction of the Executive Director of Technical Services;

 

f.          all services to be installed by the owner shall be according to City of Toronto standards and specifications as outlined by the Executive Director of Technical Services and shall be secured 100% by irrevocable letter of credit;

 

g.         the owner shall pay a 5% fee for the City’s engineering review and inspection services, based on the cost of all proposed infrastructure works for the subdivision, as estimated by the owner’s consultant and satisfactory to the Executive Director of Technical Services;

 

h.         the owner shall enter into and adhere to all conditions of the City’s standard Subdivision Agreement;

 

i.          the treatment of grades and building heights will not result in buildings which are noticeably taller than the existing townhouses on Jinnah Court and Tisdale Avenue;

 

j.          the following built form revisions shall be made:

 

i.          grade relationships for proposed units should not result in front doors more than six steps higher than grade; and

 

ii.          improved elevations shall be provided for both street facades when the building is on a corner. The design of a corner building should be unique and incorporate special features; and

 

k.         the proposed landscaping shall be revised to:

 

i.          provide additional opportunities for planting large growing shade trees;

 

ii.          coordinate landscaping with walkways, exterior lighting and utilities;

 

iii.         locate utilities at the rear of units where possible, integrated into the building or screened by landscaping;

 

iv.         provide permeable surfaces for driveways; and

 

v.         maximize the amount of soft landscaping on both the public right-of-way and private property;

 

2.         City Council direct the City Solicitor and City Staff to continue discussions with the applicant concerning appropriate public benefits that would be provided for the increased height and density that may be approved for the site pursuant to Section 37 of the Planning Act.

 

3.         City Council authorize City Staff to attend the Ontario Municipal Board hearing in support of the position set out in the report (April 27, 2009) from the Director, Community Planning, North York District, and authorize the City Solicitor and any other appropriate City Staff to take such actions as necessary to give effect to the recommendations of the report (April 27, 2009) from the Director, Community Planning, North York District.

 

4.         City Council request the Ontario Municipal Board to withhold its order on a modified proposal as set out in Recommendation 1. above until the following conditions are satisfied:

 

a.         the final form of the Official Plan and Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director of City Planning;

 

b.         the owner enters into an agreement with the City pursuant to Section 51 of the Planning Act satisfactory to the Chief Planner and Executive Director of City Planning and the Executive Director of Technical Services;

 

c.         the owner enters into an agreement with the City pursuant to Section 114 of the City of Toronto Act satisfactory to the Chief Planner and Executive Director of City Planning;

 

d.         the owner enters into an agreement with the City pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director of City Planning; and

 

e.         require that the applicant submit a draft plan of condominium application in the event a common elements condominium is required as part of the approved development.

 

5.         City Council require that the proposed Wedmore Avenue extension be closed at Hobson Avenue to prevent the infiltration of traffic into the proposed residential development.

 

6.         City Council direct City staff to work with the applicant to implement measures to mitigate the impact of the proposed residential development on the employment lands located on the west side of Hobson Avenue, including without limitation, enhanced landscaping on the east side of Hobson Avenue, and that staff utilize methods available to secure such mitigation measures where possible.

This is a report on an appeal of applications to amend the Official Plan and Zoning By-law and for draft plan of subdivision and Site Plan Control approval to develop 53 residential units at 23, 25 and 27 Hobson Avenue.  As this matter has been appealed to the Ontario Municipal Board, this report recommends that the City solicitor and appropriate staff advance the position outlined in the report.

 

The applications were filed on April 7, 2008 and are subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.  City Planning staff presented a Preliminary Report on the applications at the June 10, 2008 meeting of North York Community Council.  A community consultation meeting was held on June 23, 2008 and a second community consultation meeting was held on October 7, 2008. On March 9, 2009 the applicant appealed the Official Plan amendment, Zoning By-law amendment, Site Plan Control application and draft plan of subdivision application to the Ontario Municipal Board. 

  

The applications propose 45 three and four-storey townhouses and 8 three storey semi-detached units for a total of 53 units at 23, 25 and 27 Hobson Avenue.  The applicant is also proposing to extend Wedmore Avenue from Tisdale Avenue to Hobson Avenue and extend Jinnah Court to the proposed Wedmore Avenue extension.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council not support the applications, regarding 17-23 Kenaston Gardens, in their current present form.

 

2.         City Council authorize the City Solicitor to attend the OMB hearing in opposition to the applications and to hire such outside planning and other consultants as necessary to support the refusal, and that, in particular:

 

a.         the density be reduced to 3 times coverage;

 

b.         there be no commercial component, and if a commercial component is approved there be no reduction in the number of parking spaces for the commercial component;

 

c.         the building height be 6 storeys as required by the Context Plan and if a higher height is permitted, the elevation in meters of the building including all roof top amenities and features be no taller than that of the immediate neighbouring buildings;

 

d.         in the event that density of more than 3.0 times coverage is approved, that the owner be required, prior to the issuance of the final Order approving such rezoning, to enter into an agreement with the City pursuant to Section 37 of the Planning Act, to provide the following:

 

i.          a monetary contribution of $135,000.00 by certified cheque to be issued for the purpose of park improvements and/or construction of a community centre in the immediate area, in consultation with the General Manager, Parks, Forestry and Recreation Division and the Ward Councillor, such payment to be made prior to the issuance of first above grade building permit; and

 

ii.          require the owner to enter into a Site Plan Control agreement under Section 41 of the Planning Act to the satisfaction of the City Solicitor;

 

e.         there be no sale of the residual portion of the former cul-de-sac adjacent to 19 and 21 Kenaston Gardens; and

 

f.          the number of visitor parking spaces be provided at a rate of 0.25 spaces per unit.

 

3.         City Council request the applicant to meet further with the City Solicitor and City Staff to negotiate a settlement and report back to the North York Community Council meeting on June 23, 2009, if agreement is reached; and that the settlement shall address the following:

 

a.         an amended ground floor plan with all vehicular access being at the north side of the property;

 

b.         the commercial space being located to the north end of the main floor, not the south end as proposed;

 

c.         all vehicular access to the new building and access to the commercial space shall be from the new roadway which is included in the Context Plan for this node;

 

d.         a schedule of all permitted uses in the proposed commercial space shall be set out in the zoning by-law;

 

e.         the acquisition by the applicant of the property at 15 Kenaston Gardens at fair market value taking into account the current real estate market and that City staff be authorized to assist as necessary;

 

f.          the sale at a nominal cost of the residual portion of the former cul‑de‑sac adjacent to 19 and 21 Kenaston Gardens; and

 

g.         a review of the Section 37 benefits in acknowledgement of the cost to purchase the property at 15 Kenaston Gardens.

North York Community Council recommends that:

 

1.         City Council not support the applications, regarding 17-23 Kenaston Gardens, in their current present form.

 

2.         City Council authorize the City Solicitor to attend the OMB hearing in opposition to the applications and to hire such outside planning and other consultants as necessary to support the refusal, and that, in particular:

 

a.         the density be reduced to 3 times coverage;

 

b.         there be no commercial component, and if a commercial component is approved there be no reduction in the number of parking spaces for the commercial component;

 

c.         the building height be 6 storeys as required by the Context Plan and if a higher height is permitted, the elevation in meters of the building including all roof top amenities and features be no taller than that of the immediate neighbouring buildings;

 

d.         in the event that density of more than 3.0 times coverage is approved, that the owner be required, prior to the issuance of the final Order approving such rezoning, to enter into an agreement with the City pursuant to Section 37 of the Planning Act, to provide the following:

 

i.          a monetary contribution of $135,000.00 by certified cheque to be issued for the purpose of park improvements and/or construction of a community centre in the immediate area, in consultation with the General Manager, Parks, Forestry and Recreation Division and the Ward Councillor, such payment to be made prior to the issuance of first above grade building permit; and

 

ii.          require the owner to enter into a Site Plan Control agreement under Section 41 of the Planning Act to the satisfaction of the City Solicitor;

 

e.         there be no sale of the residual portion of the former cul-de-sac adjacent to 19 and 21 Kenaston Gardens; and

 

f.          the number of visitor parking spaces be provided at a rate of 0.25 spaces per unit.

 

3.         City Council request the applicant to meet further with the City Solicitor and City Staff to negotiate a settlement and report back to the North York Community Council meeting on June 23, 2009, if agreement is reached; and that the settlement shall address the following:

 

a.         an amended ground floor plan with all vehicular access being at the north side of the property;

 

b.         the commercial space being located to the north end of the main floor, not the south end as proposed;

 

c.         all vehicular access to the new building and access to the commercial space shall be from the new roadway which is included in the Context Plan for this node;

 

d.         a schedule of all permitted uses in the proposed commercial space shall be set out in the zoning by-law;

 

e.         the acquisition by the applicant of the property at 15 Kenaston Gardens at fair market value taking into account the current real estate market and that City staff be authorized to assist as necessary;

 

f.          the sale at a nominal cost of the residual portion of the former cul-de-sac adjacent to 19 and 21 Kenaston Gardens; and

 

g.         a review of the Section 37 benefits in acknowledgement of the cost to purchase the property at 15 Kenaston Gardens.

This application was made on February 20, 2008 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

On April 3, 2009, the applicant appealed the Official Plan and Zoning By-law amendment applications, as well as the Site Plan application to the Ontario Municipal Board (OMB) due to Council’s failure to make a decision within the prescribed time frames set out in the Planning Act.

 

The purpose of this report is to seek City Council’s direction on the appeals and authorization for the City Solicitor and necessary City staff to attend the Ontario Municipal Board in support of the applications subject to the conditions outlined in the report.

 

Daniels HR Corporation has assembled four residential lots at 17, 19, 21 and 23 Kenaston Gardens and is requesting an amendment to the Official Plan and Zoning By-law and obtain Site Plan approval in order to redevelop the lands with an 8-storey, 142-unit residential condominium apartment building with commercial space on a portion of the ground floor.

 

The proposed development constitutes good planning, is consistent with the objectives and policies of the Official Plan, and complies with the built form policies and applicable neighbourhood protection policies. Municipal objectives for appropriate urban design principles as set out in the Context Plan for the Southeast Bayview Node are fulfilled. It is consistent with the policies and provisions of the Provincial Policy Statement and is in conformity with the Greater Golden Horseshoe Growth Plan.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council direct the General Manager, Parks, Forestry and Recreation, and other appropriate City Officials, to do all things necessary to effect a successful partnership between the City and the donors of money and in-kind contributions towards the building of the new Robert (Bob) Leek Memorial Park.

North York Community Council recommends that:

 

1.         City Council direct the General Manager, Parks, Forestry and Recreation, and other appropriate City Officials, to do all things necessary to effect a successful partnership between the City and the donors of money and in-kind contributions towards the building of the new Robert (Bob) Leek Memorial Park.

North York Community Council:

 

1.         Requested the General Manager, Parks, Forestry and Recreation Division, to review the request to rename Hanover Park to Robert (Bob) Leek Park, in accordance with the Naming and Renaming of Parks and Recreation Facilities Policy, and report back to the North York Community Council meeting of June 23, 2009.

On Sunday morning August 10, 2008 an explosion occurred at Sunrise Propane Industrial Gases, 54 Murray Road, resulting in nearly 12,000 residents being evacuated.  Over one hundred emergency workers were dispatched to battle the blaze.

 

Sadly, District Chief Bob Leek, a 25 year veteran firefighter of the Toronto Fire Services, died while assisting with the emergency operations during the explosion and fire.

 

District Chief Bob Leek started with the Toronto Fire Department on June 27, 1983. He worked his way up from firefighter to District Chief of Emergency Planning on January 9, 2006.  Mr. Leek was

55 years of age and he left behind a wife and a son.

Councillor Augimeri has been approached by area residents with the suggestion that Hanover Park be renamed to Robert (Bob) Leek Park in honour of District Chief Leek’s outstanding service to the City in particular, his courageous commitment and effort to bring safety to residents affected by the explosion.

 

In recognition and appreciation of District Chief Leek’s unselfish and brave contribution to protecting the safety of residents affected by the Murray Rd. propane explosion and fire, the renaming would seem appropriate.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council authorize the City Solicitor to attend the Ontario Municipal Board Hearing and retain outside planning consultants to uphold the City’s zoning by-law and Committee of Adjustment decision; and that, should it be necessary, Legal Staff attend the OMB hearing on June 1, 2009 to seek an adjournment in order to retain the services of planning consultants.

North York Community Council recommends that:

 

1.         City Council authorize the City Solicitor to attend the Ontario Municipal Board Hearing and retain outside planning consultants to uphold the City’s zoning by-law and Committee of Adjustment decision; and that, should it be necessary, Legal Staff attend the OMB hearing on June 1, 2009 to seek an adjournment in order to retain the services of planning consultants.

On March 18, 2009, the Committee of Adjustment – North Panel – refused four variances requested by the owner of 198 Snowdon Avenue.  The variances would permit the construction of a new two storey dwelling on the above-noted property.   Relief was sought for a GFA of 0.59; front yard setback; front yard hard surface area of 59.8%; and front yard soft landscaping of 71.8%.

 

The front elevation drawing showed an entrance to the home on the first floor with a 14-step staircase leading up to the door.  This proposed staircase extended halfway into the front yard.  Also proposed was a two car at grade garage.  The proposed home does not fit in with the established character of homes in the neighbourhood.  The application also did not meet requirements under the City policy for a “Green Streetscape”.

 

The Committee felt that this application was not in keeping with Official Plan Policy 4.1.5 which states that “No changes will be made through rezoning, minor variance, consent or other public action that are out of keeping with the physical character of the neighbourhood.”, and refused the application.

 

The owner has appealed this decision to the Ontario Municipal Board.  A hearing has been set for June 1st, 2009.

 

Staff did not comment on this application.