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 - April 27, 2010

Schedule of Timed Items

  9:45 a.m.        -         NY34.1   -  NY34.2

10:00 a.m.        -         NY34.3   -  NY34.4

10:15 a.m.        -         NY34.5   -  NY34.6

10:30 a.m.        -         NY34.7

10:45 a.m.        -         NY34.8

11:00 a.m.        -         NY34.9   -  NY34.12

11:30 a.m.        -         NY34.15 (Presentation)

12:00 p.m.        -         NY34.25

12:10 p.m.        -         NY34.16 (Presentation)

12:25 p.m.        -         NY34.17 (Presentation)

  1:30 p.m.        -         NY34.26  

That the North York Community Council enact the Draft By-law from the City Solicitor.

That the North York Community Council enact the Draft By-law from the City Solicitor.

To enact By-law to name the private rights-of-way located north of Finch Avenue West, from Dufferin Street to Keele Street, and from Murray Ross Parkway to York Boulevard, as “York University Busway".

Municipal Licensing and Standards has received the necessary clearances to recommend that:

1.         The North York Community Council approve the encroachment application for 42 Mason Boulevard, subject to the following conditions:

a.         That the owner(s) have a locate done for the Bell Canada line in the area for any proposed change and hand dig within 1 meter of any Bell Plant;

b.         That the Freeman Maple and the Kentucky Coffee trees abutting Mason Boulevard maintain a clearance of 600mm horizontal and 300mm vertical from the Gas Main;

c.         That all encroachments on the property maintain a minimum setback of 2.1 metres back from the curb;

d.         That the existing walkway and stairs located on the west side of the property be removed to the satisfaction of Traffic Planning/Right-of-Way Management;

e.         That the proposed landscaping in the vicinity of the existing Hydro pole maintain a minimum separation distance of 1.0 metre edge to edge and a separation distance of 0.60 metre from the direct buried cable;

f.          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;

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

h.         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;

i.          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;

j.          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;

k.         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;

l.          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.

Municipal Licensing and Standards has received the necessary clearances to recommend that:      

1.         The North York Community Council approve the encroachment application for 586 Melrose Avenue, subject to the following conditions:

a.         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;

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

c.         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;

d.         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;

e.         That the life of the Agreement be limited to ten (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;

f.          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;

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

 Municipal Licensing and Standards, North York District, recommends that:

1.         The North York Community Council refuse the exemption from Chapter 447 – Fences, for the property at 48 Venetian Crescent.

This staff report is about a matter for which the Community Council has delegated authority from City Council 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 fence exemption to Chapter 447 of the Toronto Municipal Code - Fences, to allow the existing wooden fence in the front yard to remain as constructed.

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

Municipal Licensing and Standards, North York District, recommends that:

1.         The North York Community Council refuse the exemption from Chapter 447 – Fences, for the property at 197 Franklin Avenue.

This staff report is about a matter for which the Community Council has delegated authority from City Council 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 fence exemption to Chapter 447 of the Toronto Municipal Code - Fences, to permit the use of a glass panel barrier as part of a swimming pool enclosure.

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

Municipal Licensing and Standards, North York District, recommends that:

1.         The North York Community Council refuse the exemption from Chapter 447 – Fences, for the property at 355 Briar Hill Avenue.

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, for one solid fence located too close to a private driveway and for five fences located in the rear and side yards, which exceed the maximum height limits.

There is no financial impact anticipated in this report.

Municipal Licensing and Standards, North York District, recommends that:

1.         The North York Community Council refuse the exemption from Chapter 447 – Fences, for the property at 25 Normandale Crescent.

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 a fence exemption to Chapter 447 of the Toronto Municipal Code, Fences, to allow a non-approved type of swimming pool fence enclosure and to allow two wooden gates which exceed the 2.0 meters maximum height limit.

There is no financial impact anticipated in this report.

The Toronto Building Division recommends that:

1.         North York Community Council give consideration to the demolition application, and:

a.         Refuse the applications to demolish the subject single family dwellings because there is no permit application to replace the buildings on the site; or,

b.         Approve the applications to demolish the subject single family dwellings without conditions; or

c.         Approve the applications to demolish the subject buildings with the following conditions:

i.          that a construction fence be erected in accordance with the provisions of the Municipal Code, Chapter 363, Article III, if deemed appropriate by the Chief Building Official;

ii.         that all debris and rubble be removed immediately after demolition;

iii.        that sod be laid on the site and be maintained free of garbage and weeds, in accordance with the Municipal Code Chapter 623-5, and 629-10, paragraph B; and

iv.        that any holes on the property are backfilled with clean fill.

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 from City policy or by-law.

In accordance with Section 33 of the Planning Act and the City of Toronto

Municipal Code Ch. 363, Article 11, “Demolition Control”, the applications for demolition permits at 758 and 760 Sheppard Avenue West are referred to North York Community Council to refuse or to grant the demolition permit.

On March 26, 2010, Nick Sampogna, the owner of the properties at 758 and  760 Sheppard Avenue West, submitted an application for the demolition of two 11/2 storey dwellings located at 758 and 760 Sheppard Avenue West.

If the North York Community Council grants issuance of the demolition permit, it may do so with or without conditions.

The Toronto Building Division recommends that:

1.         North York Community Council give consideration to the demolition application, and:

a.         Refuse the application to demolish the subject single family dwelling because there is no permit application to replace the buildings on the site; or,

b.         Approve the application to demolish the subject single family dwelling without conditions; or

c.         Approve the application to demolish the subject building with the following conditions:

i.          that a construction fence be erected in accordance with the provisions of the Municipal Code, Chapter 363, Article III, if deemed appropriate by the Chief Building Official;

ii.         that all debris and rubble be removed immediately after demolition;

iii.        that sod be laid on the site and be maintained free of garbage and weeds, in accordance with the Municipal Code Chapter 623-5, and 629-10, paragraph B; and

iv.        that any holes on the property are backfilled with clean fill.

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 from City policy or by-law.

In accordance with Section 33 of the Planning Act and the City of Toronto Municipal

Code Ch. 363, Article 11, “Demolition Control”, the application for a demolition permit at 8 Plymbridge Road is referred to North York Community Council to refuse or to grant the demolition permit.

On April 1, 2010, Mr. Khurana, of Khurana Associates, on behalf of the owners of the property, submitted an application for demolition of a 21/2 storey detached stucco dwelling at 8 Plymbridge Road. The applicant has requested issuance of a demolition permit as the owners of the property do not intend to build a replacement building.

If the North York Community Council grants issuance of the demolition permit, it may do so with or without conditions.

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

Transportation Services Division, 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  145 Ranleigh 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.

To report on a request for an exemption from Chapter 918 of the City of Toronto Municipal Code, to permit front yard parking at 145 Ranleigh 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.

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

Transportation Services Division, 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 423 St. Clements 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.

To report on a request for an  exemption from Chapter 918 of the City of Toronto Municipal Code, to permit front yard parking at 423 St. Clements 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.

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

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

1.         Direct the City’s Legal Division to introduce the appropriate “Road Alterations By-law” to permit the reconfiguration of the intersection as illustrated on Transportation Services, Plan NY-1717B.

2.         Subject to the approval of Recommendation 1:

a.         Designate Vaughan Road (right-turn channel),  as a one-way eastbound roadway from the east limit of Oakwood Avenue to the south limit of Vaughan Road; and

b.         Prohibit westbound entry at anytime, from Vaughan Road onto the Vaughan Road (right-turn channel); and

c.         Prohibit northbound right turns at anytime, from Oakwood Avenue onto Vaughan Road.

To obtain approval for a Road Alteration By-law, facilitating the reconfiguration of the traffic island on the southwest corner of the intersection of Oakwood Avenue and Vaughan Road, construction of a bus bay on the south side of Vaughan Road, east of Oakwood Avenue and the implementation of the appropriate lane designations and traffic by-law for the control of vehicular traffic on the new right-turn channel.

The proposed intersection reconfiguration and construction of the bus bay will address the residents concerns regarding pedestrian safety, vehicle speeds and the staging of the Toronto Transit Commission (TTC) buses within the slip lane located on the southwest corner of the intersection.

Since the TTC operates a transit service on Oakwood Avenue and Vaughan Road, City Council approval of this report is required.

All costs associated with the reconfiguration of the intersection of Oakwood Avenue and Vaughan Road, estimated at $90,000.00, is included as part of Transportation Services 2010 Capital Works Program, Clean and Beautiful City Secretariat Program. Additional funds in the amount of $30,000.00 are to be provided by City Planning, Account # CUR054-02 for the installation of streetscape improvements.

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

1.         Amend Schedule VIII of By-law No. 31001, of the former City of North York, to delete the no parking prohibition from 8:00 a.m. to 8:00 p.m., Monday to Friday on the north side of Valleyanna Drive from a point 65 metres east of the easterly limit of Bayview Avenue to the easterly limit of Valleyanna Drive.

2.         Amend Schedule VIII of By-law No. 31001, of the former City of North York, to prohibit parking from 8:00 a.m. to 8:00 p.m., Monday to Friday on the north side of Valleyanna Drive from Bayview Avenue to the east limit of Valleyanna Drive.

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 obtain approval to prohibit parking from 8:00 a.m. to 8:00 p.m., Monday to Friday on the north side of Valleyanna Drive from the east limit of Bayview Avenue to a point 65 metres east.

The prohibition of the parking during the day on the north side of Valleyanna Drive between Bayview Avenue and a point 65 metres east will address the concerns of the residents regarding continuous long term daily parking by patrons of Sunnybrook Hospital and York University.

Presentation to recipients of the Community Police Liaison Committee (C.P.L.C.) 32 Division – 2010 Poster Awards to commemorate March 21 – The International Day for the Elimination of Racial Discrimination.

This report provides a status update on the search for a suitable site to locate a new multi- pad ice arena within Wards 25, 26 and 34.

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

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 January 26, 2010 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 a 9-storey mixed use building with commercial uses at grade and residential uses above at 758, 760 and 764 Sheppard Avenue West.

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

It is intended that a community consultation meeting be scheduled in consultation with the Ward Councillor for June, 2010.  A Final Report and Public Meeting under the Planning Act to consider this application is targeted for early in 2011 provided any required information is submitted by the applicant in a timely manner.

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 February 16, 2010 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes a home occupation (live/work) in an existing single-detached residential dwelling at 184 Finch Avenue East.

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.

Should the applicant provide any additional required information in a timely manner, it is anticipated the Final Report would be presented to Community Council in early 2011.

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 January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to amend the Zoning By-law to permit five townhouses at 4 Overland Drive.

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.  A Final Report and a Public Meeting under the Planning Act to consider this application is targeted for early 2011, provided that any required information is submitted in a timely manner.

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 under the Planning Act.

This is a revision to an application made on January 12, 2006 and is therefore not subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to amend the Official Plan for City-owned land at the northeast corner of Leslie Street and Eglinton Avenue East. This would facilitate the sale of the land to the owner of the adjacent mixed use development site at 1075-1095 Leslie Street (Rowbry Holdings Limited). The City-owned land is currently leased to the owner for the purposes of providing vehicular and pedestrian access to the site.

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.

This application has been circulated to appropriate City divisions for comment. A Final Report will be prepared and a Public Meeting under the Planning Act will be

scheduled once all matters have been satisfactorily resolved and all required information is provided.

This report provides information on a revised application in the Town of Markham for a Zoning By-law Amendment and Site Plan Control approval to permit a place of worship.  The Town of Markham has circulated the application to the City of Toronto for comments as the site abuts the municipal boundary (Steeles Avenue East).

The City Planning Division recommends that:

1.         In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner intends to approve the draft Plan of Common Elements Condominium, as generally illustrated on Attachment 1, subject to:

a.         the conditions as generally listed in Attachment 2, which except as otherwise noted must be fulfilled prior to the release of the plan of condominium for registration;  and

b.         any such revisions to the proposed condominium plan or any such additional or modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of this development.

2.         City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 225, 227, 229, 233, 235, 237 and 239 Finch Avenue East as generally illustrated on Attachment 3, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

3.         City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law.

4.         Prior to the introduction of the Part Lot Control Exemption Bill, City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the lands without the written consent of the Chief Planner or his designate.

5.         City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title at such time as confirmation is received that the Common Elements Condominium has been registered.

6.         City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

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

These applications were made on March 15, 2010 and are subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The application for a Common Elements Condominium proposes two internal roadways on lands known municipally as 225, 227, 229, 233, 235, 237 and 239 Finch Avenue East, located east of Yonge Street, on the south side of Finch Avenue at the juncture with Maxome Avenue. The Common Elements Condominium is required to provide legal vehicular access to 28, four storey residential townhouse units and to provide shared ownership and maintenance of the roadways by the condominium corporation.

The requested exemption from the Part Lot Control provisions of the Planning Act is required in order to permit the creation of conveyable lots for the 28, four storey residential townhouses on these lands.    

This report reviews and recommends approval of the applications for Draft Plan of Common Elements Condominium and Part Lot Control Exemption.

The City Planning Division recommends that:

1.         City Council amend the North York Centre Secondary Plan, substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 11.

2.         City Council amend Zoning By-law 7625, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 12.

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

4.         Before introducing the necessary Bills for the Official Plan and Zoning By-law Amendments to City Council for enactment:

a.         the applicant for the Emerald Park development shall enter into an agreement with the City pursuant to Section 37 of the Planning Act, to the satisfaction of the City Solicitor, to secure and provide the facilities, services and/or matters as generally outlined below:

i.          at grade bicycle rooms containing racks or lockers, at a combined minimum rate of 0.1 bicycle parking spaces for each dwelling unit and 1 bicycle parking space for every 2,000 square metres of commercial gross floor area;

ii.         a minimum of 1.5 m2 per dwelling unit of indoor recreational amenity area;

iii.        a minimum 1528 m2 of street related retail and service commercial uses, fronting onto and directly accessible from Yonge Street and Poyntz Avenue and located within 30 metres of the property line;

iv.        a continuous indoor and underground pedestrian connection to the transit terminal;

v.         the transfer of approximately 15,336 m2 of density from the Lansing United Church lands, west of Beecroft Road, and municipally known as 49 Bogert Avenue;

vi.        to submit to the City a monetary contribution, equal to the market value of the 10,440 m2 of gross floor area obtained through the incentive for social facility space, as outlined in Figure 3.3.1 of the North York Centre Secondary Plan, in the form of a certified cheque, to the satisfaction of the Director Real Estate Services;

vii.       make a Public Art  contribution of $250,000.00 for a public art program to the satisfaction of the Director, Community Planning, North York District.

b.         the owner of the Lansing United Church lands shall enter into an agreement with the City pursuant to Section 37 of the Planning Act, to the satisfaction of the City Solicitor, to secure and provide the facilities, services and/or matters as generally outlined below:

i.          to construct, provide and maintain at its own cost a building with social facility space of a minimum 2,610 m2 of gross floor area, consisting of a non-profit private community centre space that meets the requirements of the Director, Parks, Forestry and Recreation Department and a non-profit child care centre that meets the requirements of Children’s Services, as outlined in the draft term sheet (Attachment 15) and to be secured in the necessary agreements with the City;

ii.         the City to transfer the monetary contribution referred to in 4 (a) (vi) above to  Lansing United Church once Lansing United Church has obtained the first above grade building permit for the construction of the social facility space on its lands, in accordance with the approved zoning by-law and site plan drawings;

iii.        if Lansing United Church does not obtain the first above grade building permit to construct the social facility space on its lands within 2 years of the approval of the zoning by-law being in full force and effect, the City shall put the monetary contribution towards the cost of constructing and furnishing social facilities at another location serving the North York Centre.

c.         subject to the necessary procedural steps required to sell the public lane described as PART 3 on Reference Plan 66R-24757 having an area of approximately 204.5 m2 being completed, Director of Real Estate Services report to City Council;

d.         the Director of Real Estate Services report to City Council on the terms and conditions of the sale of the portion of the Beecroft Road allowance, previously surplused by the City, described as PART 1 on Reference Plan 66R-24757, and having an area of approximately 180.4 m2;

e.         the applicant for the Emerald Park development shall satisfactorily address Toronto Transit Commission (“TTC”) requirements in their letter dated March 30, 2010;

f.          the applicant for the Emerald Park development shall satisfy the required off-site parkland dedication requirements to the satisfaction of the General Manager, Parks, Forestry and Recreation;

5.         City Council approve in principle the Site Plan drawings and draft Conditions of Site Plan Approval listed in Attachments “13“ and “14“, subject to stylistic and technical changes.

6.         Prior to the Director, Community Planning, North York District issuing the Notice of Site Plan Approval Conditions for the Emerald Park project:

a.         the Official Plan Amendment and Zoning By-law Amendment shall be in full force and effect;

b.         the applicant is required to comply with conditions referenced in the Technical Services Division comments dated March 31, 2010,

c.         the applicant shall address the following comments to the satisfaction of Toronto Transit Commission (“TTC”) and obtain TTC’s written acknowledgement that the conditions have been satisfied;

i.          Undertaking Agreement:

Prior to the issuance of the first or any building permit the Developer shall enter into an undertaking agreement with the City of Toronto (”City”) and/or TTC and post with the City and/or TTC letters of credit, satisfactory to the City and/or TTC, providing for the construction of the Sheppard Station Entrance Connection and replacement air pressure relief shaft at the southeast corner of the development site.

ii.         Construction Agreement:

Prior to the issuance of the demolition and shoring and excavation permits for the construction of this development or any phase or stage of this development the Developer shall enter into a construction agreement(s) with the TTC. In the case of phased or staged construction, TTC may require that the Developer enter into a construction agreement with the TTC particular to that phase or stage.

iii.        Demolition Plans:

Prior to the issuance of the first or any building permit, including the demolition permit, for the construction of this development the Developer shall provide the City and the TTC with a plan and method for the demolition of:

a.         Existing TTC facilities to be demolished, relocated, and reconfigured to facilitate this development; and

b.         The proposed development at a future date in case of its redevelopment or partial destruction.

iv.        Noise Attenuation and Exhaust Emissions:

a.         The Developer shall undertake a noise and vibration study; and

b.         The Developer shall have a qualified Engineer certify that the impact of TTC’s current and known future operations, including fan shaft noise and exhaust emissions, have been taken into account in the design and construction of this development.  This report shall include analysis of the Ministry of the Environment requirements governing the location and positioning of air intake and exhaust systems in relation to the proposed building.  

v.         TTC Technical Review:

Prior to starting any demolition or construction, or the issuance of the first or any building permit(s), the Developer shall complete a Toronto Transit Commission (“TTC”) Level 3A Technical Review of the proposed development as applicable to the particular permit applied for and obtain the TTC’s written acknowledgement that the Developer has satisfied all of the conditions arising out of the review. If design of the development is phased or staged, each phase or stage will require a separate Technical Review and attract its own Technical Review Fee. The level of the Technical Review will be confirmed at the time the stage or phase is submitted for review. As part of the technical review process, the Developer shall provide the requisite information and pay the associated review fees to the TTC for each phase or stage.       

7.         Prior to the Director, Community Planning, North York District issuing the Notice of Site Plan Approval Conditions for the Lansing United Church project:

a.         the Official Plan Amendment and Zoning By-law Amendment shall be in full force and effect;

b.         the applicant is required to amend the applicable site plan drawings and the floor plans for the Child-Care Centre, as required, to the satisfaction of Children’s Services; and

c.         the applicant is required to comply with the conditions referenced in the Technical Services Division comments dated March 12, 2010.

8.         City Council authorize the Director of Transportation Services North York District to amend the Downtown Service Road and Associated Road Network Environmental Study Report (April 1991) in accordance with the modified design for the intersection of Poyntz Avenue and Beecroft Road.

The Official Plan Amendment and Zoning By-law Amendment application was submitted on July 7, 2008.  The Site Plan Control Approval applications were submitted on September 17, 2009 for the Lansing United Church site and October 20, 2009 for the Emerald Park site.  All applications are subject of the new provisions of the Planning Act and the City of Toronto Act, 2006.

The Official Plan and Zoning By-law Amendment application proposes to amend the North York Centre Secondary Plan and Zoning By-law 7625, as amended, to permit the comprehensive development of the block bounded by Yonge Street, Poyntz Avenue, Beecroft Road and Bogert Avenue.  The proposed Emerald Park development would consist of two residential towers, 40 and 30-storeys in height including a 4-level base building with commercial uses on the first 3-levels.

The application would also permit the renovation and expansion of the existing Lansing United Church building to allow for the establishment of a non-profit social facility with a non-profit Child Care facility and community meeting room space for a number of community programs. The Lansing United Church lands are included in the application to permit the transfer of density arising from the provision of a social facility space as the remaining land density to the Emerald Park site.

This report reviews and recommends approval of the Official Plan and Zoning By-law Amendment application and the Site Plan Control Approval applications for Emerald Park and Lansing United Church, subject to the conditions outlined in this report.