Members of Council and staff: Please keep this agenda and the accompanying material until the City Council meeting dealing with these matters has ended. The City Clerk’s Office will not provide additional copies.

Special assistance for members of the public: City staff can arrange for special assistance with some advance notice. If you need special assistance, please call 416-395-0480, TTY 416-338-0889 or e-mail nycc@toronto.ca.

Closed meeting requirements: If the North York Community Council wants to meet in closed session (privately), a member of the community council must make a motion to do so and give the reason why the Committee has to meet privately. (City of Toronto Act, 2006)

Notice to people writing or making a presentation to the North YorkCommunity Council: The City of Toronto Act, 2006 and the City of Toronto Municipal Code authorize the City of Toronto to collect any personal information in your communication or presentation to City Council or its committees.

The City collects this information to enable it to make informed decisions on the relevant issue(s). If you are submitting letters, faxes, e-mails, presentations or other communications to the City, you should be aware that your name and the fact that you communicated with the City will become part of the public record and will appear on the City’s website. The City will also make your communication and any personal information in it – such as your postal address, telephone number or e-mail address – available to the public, unless you expressly request the City to remove it.

The City videotapes committee and community council meetings. If you make a presentation to a committee or community council, the City will be videotaping you and City staff may make the video tapes available to the public.

If you want to learn more about why and how the City collects your information, write to the City Clerk's Office, City Hall, 100 Queen Street West, Toronto ON M5H 2N2 or call 416-395-0480.

Declarations of Interest under the Municipal Conflict of Interest Act

Confirmation of Minutes - January 12, 2010

Schedule of Timed Items

  9:45 a.m.        -         NY31.1  -  NY31.2 

10:00 a.m.        -         NY31.3  -  NY31.4

10:15 a.m.        -         NY31.5  -  NY31.6

10:30 a.m.        -         NY31.7  -  NY31.8

10:45 a.m.        -         NY31.9  -  NY31.10

  1:30 p.m.        -         NY31.21 

  1:45 p.m.        -         NY31.22

  2:00 p.m.        -         NY31.23 

Municipal Licensing and Standards recommends that:

1.         The fence exemption for 165 Rumsey Road not be granted.

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 front yard which is in violation of the By-law.

There is no financial impact anticipated in this report.

Municipal Licensing and Standards recommends that:

1.         The exemption from Chapter 447 – Fences, for the property at 30 Harrison Road, be refused.

There is no financial impact anticipated in this report.

Municipal Licensing and Standards recommends that:

1.         North York Community Council refuse the application for an encroachment agreement for 236 Hillhurst Boulevard.

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 encroachment agreement.

There is no financial impact anticipated resulting from the adoption of this report.

Municipal Licensing and Standards recommends that:

1.         The North York Community Council approve the encroachment agreement for 5350 Yonge Street, subject to the following conditions:

a.         That the parcel of land where the encroachment will be located be conveyed to the City;

b.         That the owner(s) enter into an Encroachment Agreement with the City, to the satisfaction of the City Solicitor and the Executive Director of Municipal Licensing and Standards;

c.         That the appropriate City Officials be authorized to take the necessary action to give effect thereto;

d.         That no claims will be made against the City by the owner(s) for damages occurring to the area of the encroachment or its elements during snow removal;

e.         The indemnification to the City by the owner(s) of the encroachment 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 no less than $2,000,000.00 or such greater amount as the City Solicitor may require;

f.          That the life of the Agreement be limited to 10 years from the date of registration on title or to the date of removal of the encroachment at which time, the City may consider the Agreement for further extension, if requested by the applicant;

g.         In the event of sale or transfer of the property abutting the encroachment, Legal Services be authorized to extend the Encroachment Agreement to the new owner, subject to the approval of the Executive Director of Municipal Licensing and Standards;

h.         The owner(s) pay all applicable fees.

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 encroachment agreement.

There is no financial impact anticipated resulting from the adoption of this report.

Toronto Building North York Division recommends that:

1.         The request for the variance be refused.

This staff report is about a matter that must be approved by City Council as the proposal is in contravention with the former municipality of Metropolitan Toronto (Metro) By-law 211-79 as amended.

The purpose of this report is to review and make recommendations on a request by Stephen Mazur of Pattison Outdoor Advertising LP acting for the owner of the property, Mr. Tzembelicos president of KAPA, for a variance from the Metro Sign By-law 211-79, as amended, to erect a third party roof sign on the property at the above noted address.

Toronto Building North York Division recommends that:

1.         This supplementary report for a variance to erect a third party roof sign at 1252 Lawrence Avenue East be received for information.

The North York Community Council at its meeting on February 9, 2009 deferred consideration of the report (January 19, 2009) from the Director and Deputy Chief Building Official, until the draft of the new Sign By-law is finalized.  Item NY 23.11 was deferred to allow City Staff to conduct a review of the proposed sign under the new sign by-law and report back with the appropriate sign variances and recommendation.

The purpose of this supplementary report is to provide North York Community Council with information on the effect of the provisions of the new Sign By-law on a request by Stephen Mazur of Pattison Outdoor Advertising LP acting for the owner of the property, Mr. Tzembelicos president of KAPA for a variance to erect a third party roof sign on the property at the above noted address.

There are no financial implications resulting from the adoption of this report.

Toronto Building North York Division recommends that:

1.         North York Community Council approve the request to permit, replacement of an existing  3rd party off premise roof sign with a new 3rd party off premise trivision roof sign with an electronic message display copy.

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

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.

Toronto Building North York Division recommends that:

1.         The report (March 25, 2009) from the Director of Building and Deputy Chief Building Official, be received.

2.         North York Community Council refuse the request to permit, an Off premise (third party) roof sign containing one Multi-prism display and one Animated/Flashing LED face.

The North York Community Council at its meeting on April 21, 2009 deferred consideration of the report dated March 25, 2009, Item NY 25.13 from the Director and Deputy Chief Building Official, Toronto Building, North York District, which recommended approval of the sign variance for two tri-vision panels, to its meeting on May 14, 2009, to allow city staff to conduct a review of the proposed sign and report back with the appropriate sign variances and recommendation.

The purpose of this supplementary report is to review and make recommendations on a request by Kelly Adam of Kramer Design Associates, on behalf of Astral Media Outdoor, for approval of variances from former City of North York Sign By-law No. 30788, as amended, to permit the replacement of an existing Off premise roof sign with another Off premise roof sign containing one Multi-Prism (tri-vision) display and one Animated/ Flashing sign face consisting of Light Emitting Diodes (LED), and not two tri-vision panels as outlined in the staff report dated March 25, 2009.

Toronto Building North York Division recommends that:

1.         North York Community Council receive this report regarding the proposed Third party roof sign at 1552 Avenue Road for information only.

The North York Community Council at its meeting held on May 14, 2009 deferred consideration of the initial Supplementary Report dated May 7, 2009, Item NY26.10, from the Director and Deputy Chief Building Official, Toronto Building, North York District, until such time as the new Sign By-Law has been enacted by City Council or for twelve months time, in the event that the new Sign By-law has not been enacted.

The purpose of this second supplementary report is to provide North York Community Council with information on the effect of the provisions of the new Sign By-law on a request for variance to permit to permit a Third party Roof sign containing Tri-vision sign copy on one face; and containing Electronic Moving Copy (Flashing/Animated display) on the second face, on the roof of a building located at 1552 Avenue Road.

There are no financial implications resulting from the adoption of this report.

Toronto Building North York Division recommends that:

1.         North York Community Council refuse the request for the sign variance listed in the third column of the table included in page 3 of this report for the property at 250-256 Laird Drive.

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-Laws.

The purpose of this report is to review and make recommendations on a request by Adam Kelly of Kramer Design Associates on behalf of Ron Hutchison senior vice president of Astral Media, for a variance from the former East York Sign By-law 64-87, as amended, to permit a third party roof top V-sign billboard containing one tri-vision panel and one Light Emitting Diode (LED) image board panel with constant change of copy at the above noted location.

Toronto Building North York Division recommends that:

1.         This supplementary report for a variance to erect a third party roof sign at 250-256 Laird Dr. be received for information.

The North York Community Council at its meeting on June 23rd, 2009 deferred consideration of the report (June 2, 2009) from the Director and Deputy Chief Building Official, Toronto Building, North York District, until after the new Sign By-law is in effect. Item NY27.17 was deferred to allow City staff to conduct a review of the proposed sign under the new sign by-law and report back with the appropriate sign variances and recommendations.

The purpose of this supplementary report is to provide North York Community Council with information on the effect of the provisions of the new Sign By-law on a request by Adam Kelly of Kramer Design Associates on behalf of Ron Hutchison senior vice president of Astral Media, for a variance to erect a third party roof top V-sign billboard containing one tri-vision panel and one Light Emitting Diode (LED) image board panel with constant change of copy at the above noted location.

The Toronto Building Division recommends that:

1.         North York Community Council approve 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 10 Kingsdale Avenue.

2.         North York Community Council direct 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. 30788 as amended, of the former City of North York Toronto Municipal Code 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 10 Kingsdale Avenue.

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

 The Toronto Building Division recommends that:

1.         North York Community Council receive this report, regarding 10 Kingsdale Avenue, for information only.

The North York Community Council at its meetings on November 18, 2008, January 13, 2009 and March 26, 2009 deferred  consideration of the report dated October 1, 2008, Item NY20.16, NY22.2 and NY24.10 respectively, from the Director and Deputy Chief Building Official, Toronto Building, North York District, to a later meeting pending City Council’s approval of the harmonized Sign By-Law.

The purpose of this report is to provide information to the North York Community Council on the effect of the regulations contained in the Sign By-law adopted by Council on December 6, 2009, on a request for variances to replace an existing Third party four-sided illuminated pedestal sign with a two-sided illuminated Third party ground sign at 10 Kingsdale Avenue.

The recommendations in this report have no financial impact.

Transportation Services, North York District recommends that North York Community Council:

1.         Deny the appeal for exemption from Chapter 918 of the City of Toronto Municipal Code to permit front yard parking at 103 Helendale Avenue as the proposal does not comply with the requirements of the Municipal Code.

This staff report is about a matter over which North York 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.

This report is a request for an exemption from Chapter 918 of the City of Toronto Municipal Code, to permit front yard parking at 103 Helendale Avenue which does not meet the requirements of this Chapter.  As this is an appeal and a request for an exemption from the by-law, it is scheduled as a deputation item.

Transportation Services Division, North York District recommends that North York Community Council:

1.         Deny the request for an exemption from the provisions of the North York Driveway and Entrance Policy as this proposal does not satisfy the criteria of that policy.

This staff report is about a matter that 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.

To report on a request for an exemption from the former North York Driveway and Entrance Policy to permit the construction of a circular driveway entirely within the municipal right of way at 187 Gordon Road, which does not meet the provisions set out in the City Council approved North York Driveway and Entrance Policy.

Transportation Services, North York District recommends that North York Community Council:

1.         Approve the application for permission to construct the encroaching building façade.

2.         Approve that the façade be constructed according to conditions of a permit issued by the Chief Building Official for the City of Toronto.

This staff report is about a matter over which North York 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.

This report is a request to permit the construction of an encroaching building façade with a lighting component pursuant to Chapter 313 of the Toronto Municipal Code.

There are no financial implications resulting from the adoption of this report.

Transportation Services Division recommends that City Council:

1.         Prohibit eastbound left turns at anytime on Tolman Street at Yonge Street.

To obtain approval to prohibit eastbound left turns at anytime on Tolman Street at Yonge Street.

The implementation of left turn prohibitions on Tolman Street at Yonge Street will improve both the traffic operations and the pedestrian environment at the intersection.

Since the Toronto Transit Commission (TTC) operates a transit service on Yonge Street, City Council approval of this report is required.

All costs associated with the installation of the turn restrictions are included within the Transportation Services Division’s 2010 Operating Budget estimates.

Transportation Services Division recommends that City Council:

1.         Prohibit U-turns in both directions on Bayview Avenue between Sheppard Avenue East and Bayview Mews Lane.

To obtain approval to prohibit U-turns in both directions on Bayview Avenue between Sheppard Avenue East and Bayview Mews Lane.

The prohibition of U-turns on Bayview Avenue, between Sheppard Avenue East and Bayview Mews lane, will address concerns that vehicles conducting U-turns are creating a dangerous situation for motorists on Bayview Avenue and for motorists exiting Mallingham Court and Teagarden Court.

Since the Toronto Transit Commission (TTC) operates a transit service on Bayview Avenue, City Council approval of this report is required.

All costs associated with the installation of the U-turn prohibitions are included within the Transportation Services Division’s 2010 Operating Budget estimate.

Development Engineering recommends that:

1.          An assumption by-law be passed to assume the municipal services in Subdivision Plan 66M-2411.

2.         The appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

This report advises that the municipal services installed under the terms of the Subdivision Agreement for Plan 66M-2411, dated July 12, 2004, between Riotrin Properties Inc., Loblaws Inc. and the City of Toronto are in the required condition and recommends assumption by the City.

There are no financial implications from this assumption of services other than those considered when the subdivision was approved in 2004.

The City Surveyor recommends that:

1.         The private right of way located between Dufferin Street and Keele Street be named “York University Busway”.

2.         The appropriate City officials be authorized and directed to take the necessary action to give effect thereto, including the introduction of a naming by-law.

This staff report is report is about a matter for which the community council has delegated authority from City Council to make a final decision. This report recommends that the private right of way located between Dufferin Street and Keele Street be named “York University Busway”.

There are no financial implications resulting from the adoption of this report.

The City Clerk recommends that North York Community Council consider the interested Members listed in Attachment 1 and recommend to Council the appointment of:

1.         One Member to the North York Community Preservation Panel for a term of office ending November 30, 2010, and until a successor is appointed.

This report forwards information and a list of Members interested in being appointed to the North York Community Preservation Panel, so that Community Council may nominate Members for appointment by Council.

There are no financial implications resulting from this report.

The General Manager Secretary, Leaside Gardens Board recommends that the North York Community Council:

1.         Approve the deletions of three Leaside Memorial Community Gardens Board of Management members as set out in the communication (December 17, 2009) from the General Manager Secretary, Leaside Gardens Board.

2.         Approve the additions of three Leaside Memorial Community Gardens Board of Management members as set out in the communication (December 17, 2009) from the General Manager Secretary, Leaside Gardens Board.

The City Planning Division recommends that:

1.         Staff be directed to schedule a community consultation meeting together with the Ward Councillor.

2.         Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

3.         Notice for the public meeting under the Planning Act be given according to the regulations of the Planning Act.

This application was made on November 12, 2009 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to amend the Sheppard West/Dublin Secondary Plan and former City of North York Zoning By-law 7625 to permit the construction of two 9 storey mixed use buildings with commercial uses at grade and residential uses above at 847 – 873 Sheppard Avenue West.

This report provides preliminary information on the above-noted application and seeks Community Council's directions on further processing of the application and on the community consultation process.

It is intended that a community consultation meeting be scheduled by staff in consultation with the Ward Councillor for February or March, 2010.  A Final Report and Public Meeting under the Planning Act to consider this application is targeted for the final quarter of 2010 provided any required information is submitted by the applicant in a timely manner.

The recommendations in this report have no financial impact.

The City Planning Division recommends that:

1.         City Council amend Interim Control By-law 200-2009 substantially in accordance with the proposed By-law attached as Attachment 2 to extend by one year the period of time which the By-law is in effect.

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

This report recommends an extension to Interim Control By-law 200-2009 for a one year period to complete the study of the policies and regulations pertaining to places of worship in the Parkway-Finch Business Park.

The recommendations in this report have no financial impact.

The City Planning Division recommends that:

1.         City Council amend Zoning By-law 7625 for the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7.

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.         City Council approve in principal the site plan as indicated on the drawing in Attachment No. 1.

4.         Before introducing the necessary Bills to City Council for enactment, require the applicant to:

a.          Obtain site plan approval from the Director, Community Planning, North York District and enter into a Site Plan Agreement under section 41 of the Planning Act and Section 114 of the City of Toronto Act, 2006.

b.         Convey to the City, for a minimal sum and free and clear of all encumbrances, a road widening measuring approximately 4.89 metres along the Finch Avenue East frontage.

These applications were made on November 20, 2007 and are subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The applicant proposes to permit a home occupation (live/work) in an existing single family dwelling located at 257 Finch Avenue East. This report reviews and recommends approval of the application to amend the Zoning By-law and approve in principle the Site Plan Control application.

The recommendations in this report have no financial impact.

The City Planning Division recommends that:

1.         City Council amend Zoning By-law 7625 for the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5. 

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, City Council require the owner to enter into a Section 37 Agreement with the City, to the satisfaction of the City Solicitor, to provide or fund the following facilities, services and/or matters:

A.        In support of the Wilson Avenue Streetscape Study, a cash contribution of $20,000 for streetscape improvements in the immediate vicinity of the site as follows:

i.          Street tree replacement/installation along both sides of Wilson Avenue beyond the subject property where opportunities exist within the City’s right-of-way.  Specifically, adjacent to the TTC parking lot from  Allen Road to Wilson Heights Boulevard on the north side of Wilson Avenue, on the west side of Wilson Heights Boulevard on the north side of Wilson Avenue to a point in alignment with the centreline of Ansford Avenue, and across the frontage of the TTC parking lot from the Allen Expressway to the northwest corner of the applicants property on the south side of Wilson Avenue.

ii.         Replacement of asphalt with decorative concrete or unit pavers in the boulevard along Wilson Avenue beyond the subject property where opportunities exist in the locations identified in i) above.

B.        A cash contribution of $150,000 for an on-site public art installation under the Percent for Public Art Program.

C.        A cash contribution of $400,000 for recreational capital facilities in Ward 10, the specific expenditure of these funds is to be determined through discussions between the Ward Councillor, Parks, Forestry and Recreation staff, City Planning staff and other City Divisions as required.

This application was made on June 5, 2008 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to rezone the subject lands to permit a mixed-use condominium development on the southwest corner of the intersection of Tippet Road and Wilson Avenue.  The proposal is for a 7-storey base building with ground floor commercial units and two-storey residential units that could be used for commercial purposes.  An additional 6-storey tower is proposed at the west end of the site and an additional 7-storey tower is proposed at the east end.

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

The City Planning Division recommends that:

1.         In accordance with the delegated approval under By-law 229-2000, City Council be advised that the Chief Planner may approve the draft plan subdivision, as generally illustrated on Attachment 2, subject to: 

a.         The conditions as generally listed in Attachment 3, which except as otherwise noted, must be fulfilled prior to the release of the plan of subdivision for registration.

b.         The applicant agreeing to address all Technical Services' requirements and adhering to all Technical Services Conditions to the satisfaction of the Executive Director of Technical Services.

c.         The applicant fulfilling all Technical Services Conditions prior to the release of the plan of subdivision for registration.

d.         Such revisions to the proposed plan of subdivision or additional or modified conditions as the Chief Planner may deem appropriate to address matters arising from the ongoing technical review of the development. 

2.         City Council direct the City Solicitor, in consultation with the Chief Planner and Executive Director City Planning, the Executive Director of Technical Services, and other appropriate staff, to report to the Planning and Growth Management Committee on the City-wide implications of Ontario Realty Corporation (ORC) advising the City that ORC and Infrastructure Ontario will not be able to provide indemnities, letters of credit or deposits on any Provincial projects.

3.         City Council direct City staff to continue to seek appropriate and reasonable indemnities, letters of credit or deposits on this application, and the related rezoning and site plan control applications, in order to protect the City’s interests.

This application was made on February 2, 2009 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This subdivision application for 1201 Wilson Avenue is to allow for the establishment of development blocks and public streets to provide for the future development of a Provincial campus which will include institutional, office and accessory commercial uses including the proposed Humber River Regional Hospital, the Forensics Centre and Coroners’ Complex and Provincial office buildings.

This report advises that the Chief Planner may approve the Draft Plan of Subdivision.