The Decision Document and Decision Summary are for preliminary reference purposes only.  Please refer to the Committee’s Report to Council or the Minutes for the official record.

Action taken by the Community Council on items that are “delegated” (Community Council makes final decision) are so noted.

Declarations of Interest, if any, appear at the end of an item.

North York Community Council:

1.         Approved the application for an encroachment agreement for 547 St. Germain Avenue, subject to the following conditions:

a.         that the owner have a locate done for the Bell Canada line in the area for any proposed change and hand dig within 1 metre of any Bell plant;

b.         that the owner 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 for damages occurring to the area of the encroachment or its elements during snow removal;

e.         the indemnification to the City by the owner 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; and

h.         the owner 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.

North York Community Council:

1.         Approved the application for an encroachment agreement for 105 Dunblaine Avenue, subject to the following conditions:

a.         that the owner 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 for damages occurring to the area of the encroachment or its elements during snow removal;

d.         the indemnification to the City by the owner 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 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; and

g.         the owner 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.

North York Community Council:

1.         Approved the application for an encroachment agreement for 106 Northdale Road, subject to the following conditions:

a.         that the owner ensure that no current or future landscaping or fencing exceed 500 millimetres in depth if it is above any Toronto Hydro underground installation;

b.         that the owner cannot hold Toronto Hydro liable to return encroaching items to their ideal original state in the event that work must be undertaken to service or replace their underground infrastructure;

c.         that the owner may be required by Toronto Hydro to provide a locate for all of Hydro’s underground infrastructure if it is less than 600 millimetres from the details as listed in the survey as attached as Attachment 2 to the report (December 10, 2009) from the District Manager, Municipal Licensing and Standards, North York District, to satisfy itself that adequate PUCC clearances are in place;

d.         that the owner enter into an Encroachment Agreement with the City, to the satisfaction of the City Solicitor and the Executive Director of Municipal Licensing and Standards;

e.         that the appropriate City Officials be authorized to take the necessary action to give effect thereto;

f.          that no claims will be made against the City by the owner for damages occurring to the area of the encroachment or its elements during snow removal;

g.         the indemnification to the City by the owner 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;

h.         that the agreement be for life;

i.          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; and

j.          the owner 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.

North York Community Council:

1.         Deferred consideration of the report (December 14, 2009) from the District Manager, Municipal Licensing and Standards, North York District, to its next meeting on February 9, 2010.

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.

North York Community Council:

1.         Approved the request for the variances listed for 515 Rosewell Avenue in the 3rd column of the table included in page 2 of the report (December 11, 2009) from the Director of Building and Deputy 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 to that it varies with City policy or by-laws.

The purpose of this report is to review and make recommendations on a request by Heather Moreau of King Architectural Products on behalf of Oxford Properties Group Inc. for a variance from the former City of Toronto, Sign By-Law Chapter 297, as amended, to permit the erection of one ground identification sign on the property of the building at the above noted address.

North York Community Council:

1.         Approved the request for the variances listed for 815 Eglinton Avenue in the 3rd column of the table included in page 2 of the report (December 11, 2009) from the Director of Building and Deputy 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 to that it varies with City policy or by-laws.

The purpose of this report is to review and make recommendations on a request by Culda Collins of Permit World on behalf of the owner Rio Can, for a variance from the Sign By-law 64-87, as amended, for an identification wall sign on the face of the store of “Alexanian Carpet & Flooring”, facing Eglinton Avenue East, at the above noted address.

North York Community Council:

1.         Approved the request for the variance for 147 Laird Avenue as listed in the third column of the table included in page 2 of the report (December 11, 2009) from the Director of Building and Deputy Chief Building Official.

2.         Directed that the applicant be notified of the requirement to obtain a sign permit from the Chief Building Official.

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

The purpose of this report is to review and make recommendations on a request by Gloria Reid of Twilight Signs & Neon Inc. on behalf of Calloway Real Estate Investment Trust, for a variance from the former East York Sign By-law 64-87, as amended, to permit the installation of a facia wall identification sign on Sportchek store at 147 Laird Avenue, Unit B3.

North York Community Council:

1.         Deferred consideration of the report (December 11, 2009) from the Director of Building and Deputy Chief Building Official, to its meeting on March 9, 2010.

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 Pamela Coburn on behalf of Roy Birnboim, President of Beaux Properties, for a variance from the Sign By-law 30788, as amended, for a third party sign to be maintained on the north side of an apartment building at the above noted address.

North York Community Council:

1.         Refused the request for variance on land known as 4020 Dufferin Street.

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.

The purpose of this report is to review and make recommendations on a request by Jack Mastrodicasa, on behalf of Lan Investment Corporation to permit one double sided off-premise, tri-vision ground sign on vacant unzoned land located on the west side of Dufferin Street, west of Allen Road on land that does not have a municipal address (known as 4020 Dufferin Street).

North York Community Council:

1.         Approved the request to demolish the subject residential buildings at 101 Lorraine Drive, with the following conditions:

a.         all debris and rubble be removed immediately after demolition and the excavation be filled in, and

b.         the site be maintained free of garbage and weeds, in accordance with the Municipal Code Chapter 623-5 and 629-10, Paragraph B.

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 bylaws.

In accordance with Section 33 of the Planning Act and the former City of Toronto Municipal Code Ch. 363, Article 11 “Demolition Control”, the application for demolition of the one single family dwelling at 101 Lorraine Drive are referred to Toronto North Community Council to refuse or to grant the applications including any conditions, to be attached to the demolition permits.

North York Community Council:

1.         Approved the application to demolish the subject residential building at 216 Owen Boulevard, with the following conditions:

i.          the owner applies for a building permit for the new construction and substantially complete the new building on the site of the building to be demolished by not later than two (2) years from the day the demolition is commenced;

 ii.        the failure to complete the construction within the time specified, shall entitle the City Clerk to enter on the collector’s roll, to be collected in like manner as municipal taxes, the sum of twenty-thousand dollars ($20,000.00) for the dwelling unit in respect of which a demolition permit is issued, and that such sum shall, until payment, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued;

 iii.       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;

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

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

vi.        that 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-laws.

In accordance with section 33 of the Planning Act and the Toronto Municipal Code Chapter 363, Article II “Demolition Control” the application for the demolition of a residential dwelling, at 216 Owen Blvd., is referred to the North York Community Council for consideration because as of the date of this report a building permit application for a replacement building has not been submitted by the owner.

The owner requires permission to demolish the existing building in order to construct a new two storey single family dwelling.

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

North York Community Council recommends that:

1.         City Council authorize the Clerk for the City of Toronto to:

a.         provide public notice, costs to be paid by the owner, of the establishment of a columbarium within the York Cemetery at 160 Beecroft Road, Toronto, Ontario; and

b.         send a copy of City Council’s decision to the applicant and the Registrar, Ministry of Consumer and Business Services, Cemeteries Regulation Unit.

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

York Cemetery in the former City of North York will commence construction of a columbarium with an area of approximately 58 square metres and with a height of approximately 3.5 meters.  The owner was issued a Building Permit on October 22, 2009 to construct the columbarium which will contain approximately 441 niches.

The owner is required to obtain consent from the Registrar, Ministry of Consumer and Business Services under the Cemeteries Act (Revised) as the columbarium is larger than 15 cubic metres. This requires the municipality to post a “Notice of Decision in a local newspaper” (s.5 (3) (b)).  The posting of a “Notice of Decision” will require a Council resolution.

North York Community Council recommends that:

1.         City Council request that the Ombudsman commission an independent assessment of the degree to which the rear yard installation at 145 Spalding Road conforms with the relevant by-laws with the cost being assigned to the Building Division budget, if any by-law has been breached.

2.         City Council request the Ombudsman to take what remedies she deems necessary.

This report responds to the Request for Information NY28.29 adopted at the North York Community Council meeting of October 13, 2009 regarding the permit history and construction activities at 145 Spalding Road.

Building Permit 08 144062 was issued on April 7, 2008 for the construction of a detached garage in the rear yard of 145 Spalding Road.

Building Permit 08 160219 was issued on June 10, 2008 for the construction of a two storey dwelling.

Mandatory inspections required by the Ontario Building Code were undertaken by the assigned Part 9 Generalist Inspector and the Senior Inspector for both permits. Revisions were required for both permits.

During construction a number of concerns were raised by neighbours to the south of the construction site. A vigorous inspection process was undertaken to ensure the project complied with the Ontario Building Code, North York Zoning By-law 7625 as amended and other applicable law.

North York Community Council:

1.         Approved the request for an exemption from Chapter 918 of the City of Toronto Municipal Code, to permit front yard parking at 41 Castlewood Road, subject to the owner paying all applicable fees.

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 41 Castlewood Road 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.

North York Community Council:

1.         Approved the request for an exemption from Chapter 918 of the City of Toronto Municipal Code, to permit front yard parking at 216 Wanless Avenue, subject to:

a.         the provision of permeable materials to the satisfaction of the Director, Transportation Services Division, North York District; and

b.         the submission of a landscaping plan to the satisfaction of the Director, Transportation Services Division, North York District.

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 216 Wanless 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.

North York Community Council:

1.         Deferred consideration of the report (October 22, 2009) from the General Manager, Parks, Forestry and Recreation, to its meeting on May 25, 2010.

2.         Directed that the Chief Planner and Executive Director, and the City Solicitor, be advised of and requested to consider the contents of the staff report (October 22, 2009) from the General Manager, Parks, Forestry and Recreation (Item NY30.16) in conjunction with the current negotiations directed by City Council with respect to Item NY27.54, adopted by the City Council on September 30 and October 1, 2009; and consider the possibility of including an ice facility in any negotiated settlement.

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.

North York Community Council recommends that:

1.         City Council prohibit southbound left turns at anytime from the driveway at 1280 Finch Avenue West, located on the north side of Finch Avenue West, east of Tangiers Road.

2.         City Council prohibit eastbound left turns at anytime to the driveway at 1280 Finch Avenue West located east of Tangiers Road.

3.         City Council request that the changes outlined in Recommendations 1. and 2. above, along with all traffic improvements within the vicinity of the Keele Street and Finch Avenue West intersection, be reviewed in conjunction with the opening of the Finch West Subway Station.

North York Community Council:

1.         Requested the Director, Transportation Services Division, North York District, to report on the feasibility of installing west bound left turn lane at Romfield Drive and Finch Avenue West.

To obtain approval to implement a southbound “No Left Turn” prohibition and an eastbound “No Left Turn” prohibition at the driveway access to 1280 Finch Avenue West located on the north side of Finch Avenue West, west of Tangiers Road.

The implementation of the prohibited left turns will support the right in/right out requirements of the site development approval granted to Nor-Arm Development Ltd in 1988 and result in the safe and smooth egress and entry onto the commercial property on Finch Avenue West.

North York Community Council:

1.         Amended Schedule VIII of By-law No. 31001, of the former City of North York to delete parking at anytime on the south side of Applebaum Terrace from the west limit of Leitch Avenue to the east limit of Jack Evelyn Wiggins Drive.

2.         Amended Schedule VIII of By-law No. 31001, of the former City of North York to delete parking at anytime on the west side of Jack Evelyn Wiggins Drive from the south limit of Assiniboine Road to the north limit of Murray Ross Parkway.

3.         Amended Schedule VIII of By-law No. 31001, of the former City of North York to delete parking at anytime on the south side of Saywell Avenue from the west limit of Leitch Avenue to the east limit of Jack Evelyn Wiggins Drive.

4.         Amended Schedule XVIII of By-law No. 31001, of the former City of North York to delete the through highway designation on Applebaum Terrace from the east limit of Leitch Avenue to the west limit of Jack Evelyn Wiggins Drive.

5.         Amended Schedule XVIII of By-law No. 31001, of the former City of North York to delete the through highway designation on Assiniboine Road from the east limit of Sentinel Road to the east limit of Jack Evelyn Wiggins Drive.

6.         Amended Schedule XVIII of By-law No. 31001, of the former City of North York to delete the through highway designation on Elia Lane from the east limit of Leitch Avenue to the west limit of Jack Evelyn Wiggins Drive.

7.         Amended Schedule XVIII of By-law No. 31001, of the former City of North York to delete the through highway designation on Jack Evelyn Wiggins Drive from the north limit of Assiniboine Road to the north limit of Murray Ross Parkway.

8.         Amended Schedule XVIII of By-law No. 31001, of the former City of North York to delete the through highway designation on Saywell Avenue from the east limit of Leitch Avenue to the west limit of Jack Evelyn Wiggins Drive.

9.         Amended Schedule XX of By-law No. 31001, of the former City of North York to delete the heavy truck prohibitions anytime on Applebaum Terrace from Leitch Avenue to Jack Evelyn Wiggins Drive.

10.       Amended Schedule XX of By-law No. 31001, of the former City of North York to delete the heavy truck prohibitions anytime on Assiniboine Road from Sentinel Road to Jack Evelyn Wiggins Drive.

11.       Amended Schedule XX of By-law No. 31001, of the former City of North York to delete the heavy truck prohibitions anytime on Jack Evelyn Wiggins Drive from Assiniboine Road to Murray Ross Parkway.

12.       Amended Schedule XX of By-law No. 31001, of the former City of North York to delete the heavy truck prohibitions anytime on Saywell Avenue from Leitch Avenue to Jack Evelyn Wiggins Drive.

13.       Amended Schedule VIII of By-law No. 31001, of the former City of North York to prohibit parking at anytime on the south side of Applebaum Terrace from the west limit of Leitch Avenue to Evelyn Wiggins Drive.

14.       Amended Schedule VIII of By-law No. 31001, of the former City of North York to prohibit parking at anytime on the west side of Evelyn Wiggins Drive from  Assiniboine Road to Murray Ross Parkway.

15.       Amended Schedule VIII of By-law No. 31001, of the former City of North York to prohibit parking at anytime on the south side of Saywell Avenue from Leitch Avenue to Evelyn Wiggins Drive.

16.       Amended Schedule VIII of By-law No. 31001, of the former City of North York to prohibit parking at anytime on both sides of Jack Wiggins Lane from Leitch Avenue to Evelyn Wiggins Drive.

17.       Amended Schedule XVIII of By-law No. 31001, of the former City of North York to include the through highway on Applebaum Terrace from Leitch Avenue to  Evelyn Wiggins Drive.

18.       Amended Schedule XVIII of By-law No. 31001, of the former City of North York to include the through highway on Assiniboine Road from Sentinel Road to Evelyn Wiggins Drive.

19.       Amended Schedule XVIII of By-law No. 31001, of the former City of North York to include the through highway on Jack Wiggins Lane from Leitch Avenue to Evelyn Wiggins Drive.

20.       Amended Schedule XVIII of By-law No. 31001, of the former City of North York to include the through highway on Evelyn Wiggins Drive from Assiniboine Road to Murray Ross Parkway.

21.       Amended Schedule XVIII of By-law No. 31001, of the former City of North York to include the through highway on Saywell Avenue from Leitch Avenue to  Evelyn Wiggins Drive.

22.       Amended Schedule XX of By-law No. 31001, of the former City of North York to include the heavy truck prohibitions anytime on Applebaum Terrace from Leitch Avenue to Evelyn Wiggins Drive.

23.       Amended Schedule XX of By-law No. 31001, of the former City of North York to include the heavy truck prohibitions anytime on Assiniboine Road from Sentinel Road to Evelyn Wiggins Drive.

24.       Amended Schedule XX of By-law No. 31001, of the former City of North York to include the heavy truck prohibitions anytime on Evelyn Wiggins Drive from Assiniboine Road to Murray Ross Parkway.

25.       Amended Schedule XX of By-law No. 31001, of the former City of North York to include the heavy truck prohibitions anytime on Saywell Avenue from Leitch Avenue to Evelyn Wiggins Drive.

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 the City policy or by-laws.

To obtain the approval to amend the existing traffic by-laws associated with Jack Evelyn Wiggins Drive and Elia Lane, given the renaming of these roadways as follows:

-           Jack Evelyn Wiggins Drive to Evelyn Wiggins Drive;

-           Elia Lane to Jack Wiggins Lane; and

-           Block 348 on Plan 66M-2439 (public walkway) to Elia Lane.

North York Community Council:

1.         Deferred consideration of the report (December 10, 2009) from the Director, Transportation Services Division, North York District, to its meeting on March 9, 2010.

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 the City policy or by-laws.

To obtain approval to amend the existing parking regulations on both sides of Murray Ross Parkway, between Sentinel Road and the westerly limit of Murray Ross Parkway and on the north side of Murray Ross Parkway between Sentinel Road and Mansur Terrace  to accommodate long-term overnight parking and short-term day time parking. Approval is also being requested for the implementation of restricting parking for 1 hour from 8:00 a.m. to 8:00 p.m., Monday to Friday on all of the local roadways within the “Village at York” Community.

The amendments to the parking regulations on Murray Ross Parkway will address the local residents concerns related to parking availability and the day time restrictions will address the residents concerns with the long term parking which occurs on the roadways.

North York Community Council:

1.         Amended Schedule IX of By-law No. 31001 of the former City of North York, to delete the “No Stopping, 8:00 a.m. to 6:00 p.m., Monday to Friday” prohibition on the east side of Calico Drive, from the northerly limit of Giltspur Drive to a point 111 metres north of the northerly limit of Giltspur Drive.

2.         Amended Schedule IX of By-law No. 31001 of the former City of North York, to install a “No Stopping, 8:00 a.m. to 6:00 p.m., Monday to Friday” prohibition on the east side of Calico Drive, from the northerly limit of Giltspur Drive to a point 15 metres north of the northerly limit of Giltspur Drive.

3.         Amended Schedule X of By-law No. 31001 of the former City of North York, to install a “15 minute permitted parking” restriction on the east side of Calico Drive, from a point 15 metres north of the northerly limit of Giltspur Drive to a point 41 metres north of the northerly limit of Giltspur Drive.

4.         Amended Schedule IX of By-law No. 31001 of the former City of North York, to install a “No Stopping, 8:00 a.m. to 6:00 p.m., Monday to Friday” prohibition on the east side of Calico Drive, from a point 41 metres north of the northerly limit of Giltspur Drive to a point 111 metres north of the northerly limit of Giltspur Drive.

5.         Amended By-law No. 32759 of the former City of North York, to delete the School Bus Loading Zone on the east side of Calico Drive, from a point 35 metres north of the northerly limit of Giltspur Drive to a point 111 metres northerly thereof.

6.         Amended By-law No. 32759 of the Former City of North York, to install a School Bus Loading Zone on the east side of Calico Drive, from a point 41 metres north of the northerly limit of Giltspur Drive to a point 111 metres north of the northerly limit of Giltspur Drive.

7.         Amended Schedule IX of By-law No. 31001 of the former City of North York, to delete the “No Stopping, 8:00 a.m. to 6:00 p.m., Monday to Friday” prohibition on the east of Calico Road, from the northerly limit of Giltspur Road to a point 189.10 metres north of the northerly limit of Giltspur Road.

8.         Amended Schedule X of By-law No. 31001 of the former City of North York, to delete the “15 minute permitted parking” restriction on the east side of Calico Drive, from a point 111 metres north of the northerly limit of Dombey Road to a point 189 metres north of the northerly limit of Giltspur Road.

9.         Amended Schedule X of By-law No. 31001 of the former City of North York, to install a “15 minute permitted parking” restriction on the east side of Calico Drive, from a point 15 metres north of Dombey Road to a point 189 metres north of Giltspur Drive.

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.

To obtain approval to improve the existing conditions by amending the existing limits of the school bus loading zone and parking/stopping regulations on Calico Drive.

Amendments to the current school bus loading zone and parking/stopping regulations will address both the residents and school administration’s concerns and provide an on- street 15 minute parking area for the drop-off and pick-up activities on Calico Drive associated with the daycare centre.

North York Community Council:

1.         Approved the installation of one on street parking space for persons with disabilities on the north side of Lanark Avenue, between a point 57.5 metres east of Oakwood Avenue and a point 5.5 metres further east thereof.

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.

To obtain approval to install a disabled persons’ parking space adjacent to 52 Lanark Avenue.

The installation of the disabled persons’ parking space will address the needs of the resident of 52 Lanark Avenue, while only reducing the available on street parking by one space.

North York Community Council recommends that:

1.         City Council prohibit northbound right turns from 6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 6:00 p.m., Monday to Friday, except public holidays, on Avenue Road at Cortleigh Boulevard.

2.         City Council prohibit northbound right turns from 6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 6:00 p.m., Monday to Friday, except public holidays, on Avenue Road at Hillhurst Boulevard.

To obtain approval to implement turn restrictions at the intersection of Avenue Road and Hillhurst Boulevard and at Avenue Road and Cortleigh Boulevard.

The proposed turn restrictions will address the Councillor’s and residents concerns regarding right turning movements at the intersections of Avenue Road and Hillhurst Boulevard and Cortleigh Boulevard.

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

North York Community Council:

1.         Amended By-law No. 31878, of the former City of North York, to delete the existing 40 km/h speed limit on Talbot Road from the north limit of Talbot Road to a point 75 metres south of  Charlton Boulevard.

2.         Amended By-law No. 31878, of the former City of North York, to delete the existing 40 km/h speed limit on Talbot Road from the south limit of Finch Avenue West to the south limit of Hendon Avenue.

3.         Amended By-law No. 31878, of the former City of North York, to install a 40 km/h speed limit zone on Talbot Road from Finch Avenue West to the north limit of Talbot Road.

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.

To approve a request to designate Talbot Road  between Hendon Avenue and a point 75 meters south of  Charlton Boulevard as a 40 km/h speed limit zone.

The existing traffic and roadway conditions satisfy the established criteria for the extension of the 40 km/h speed limit zone on Talbot Road.

North York Community Council:

1.         Amended Schedule VIII of By-law No. 31001 of the former City of North York to prohibit parking at any time on the north side of Transwell Avenue from Bathurst Street to Dornfell Street.

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.

To obtain approval to prohibit parking at any time on the north side of Transwell Avenue, between Bathurst Street and Dornfell Street.

The implementation of the parking prohibition will address the residents’ concern regarding vehicles continually parked on the north side of Transwell Avenue, between Bathurst Street and Dornfell Street.

North York Community Council:

1.         Amended Schedule VIII of By-law No. 31001, of the former City of North York, to prohibit parking at anytime on the west side of Upper Canada Drive between Old Yonge Street and a point 50 metres north thereof.

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 the City policy or by-laws.

To obtain approval to prohibit parking at anytime on the west side of Upper Canada Drive between Old Yonge Street and a point 50 meters north thereof.

The implementation of the parking prohibitions will address the residents’ concerns regarding vehicles continually parked on the west side of Upper Canada Drive that creates a sight visibility problem for eastbound vehicles exiting from Old Yonge Street onto Upper Canada Drive.

North York Community Council:

1.         Amended Schedule VIII of By-law No. 31001, of the former City of North York, to delete the existing prohibited parking any time on the north & west sides of William Carson Crescent from the easterly limit of Yonge Street to a point 200 metres east of the easterly limit of Yonge Street.

2.         Amended Schedule VIII of By-law No. 31001, of the former City of North York, to delete the existing prohibited parking any time on the south side of William Carson Crescent from the easterly limit of Yonge Street to a point 54.8  metres east of the easterly limit of Yonge Street.

3.         Amended Schedule IX of By-law No. 31001, of the former City of North York, to prohibit stopping at any time on the north side of William Carson Crescent from Yonge Street to a point 45.0 metres east thereof.

4.         Amended Schedule IX of By-law No. 31001, of the former City of North York, to  prohibit stopping any time on the south side of William Carson Crescent from Yonge Street to a point 54.8 metres east thereof.

5.         Amended Schedule VIII of By-law No. 31001, of the former City of North York, to prohibit parking at any time on the north & west sides of William Carson Crescent from a point 45 metres east of Yonge Street to a point 155 metres easterly thereof.

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.

To obtain approval to prohibit stopping at anytime on both sides of William Carson Crescent, east of Yonge Street.

In order to implement pavement marking improvements at the intersection of Yonge Street and William Carson Crescent, it is required that stopping be prohibited on both sides of William Carson Crescent immediately east of Yonge Street.

North York Community Council:

1.         Amended Schedule XVIII of By-law No. 31001, of the former City of North York, by deleting Gerald Street as a through street, from the southerly limit of Forest Heights Boulevard to the southerly limit of Wimpole Drive.

2.         Amended Schedule XIX of By-law No. 31001, of the former City of North York, to require traffic to stop on Gerald Street, north and south of Forest Heights Boulevard.

3.         Amended Schedule XIX of By-law No. 31001, of the former City of North York, to require traffic to stop on Forest Heights Boulevard, east and west of Gerald Street.

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.

To obtain approval to introduce an all-way stop control at the intersection of  Gerald Street and Forest Heights Boulevard.

The installation of an all-way stop control at the intersection of Gerald Street and Forest Heights Boulevard will address the existing right-of-way concerns.

North York Community Council:

1.         Amended Schedule VIII of By-Law No. 31001 of the former City of North York to delete the existing prohibited parking at anytime on the east side of Daleberry Place from the southerly limit of York Mills Road to the southerly limit of Daleberry Place.

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 the City policy or by-laws.

To obtain approval to allow parking for a maximum period of three-hours on the east side of Daleberry Place, from York Mills Road to the southerly limit of Daleberry Place.

The implementation of the removal of the existing parking prohibition will address the residents’ concern of lack of on-street parking on this short stretch of roadway on Daleberry Place.

North York Community Council:

1.         Approved the installation of one on-street parking space for persons with disabilities on the south side of Airdrie Road, between a point  47.0 metres east of Bayview Avenue and a point 5.5 metres east thereof.

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.

To obtain approval to install an on-street parking space for persons with disabilities on the south side of Airdrie Road adjacent to 1335 Bayview Avenue.

The installation of an on-street parking space for persons with disabilities will address the needs of the resident of 1335 Bayview Avenue, while only reducing the available on-street parking by one space.

North York Community Council recommends that:

1.         City Council delete the existing parking restrictions on both sides of Leslie Street between Finch Avenue and Sheppard Avenue from 7:00 a.m. to 6:00 p.m., except Saturdays, Sundays and Public Holidays.

2.         City Council prohibit parking at anytime on both sides of Leslie Street between Finch Avenue East and Sheppard Avenue East.

To obtain approval to prohibit parking at anytime on both sides of Leslie Street, between Sheppard Avenue East and Finch Avenue East.

The parking prohibitions will address the residents’ concerns with respect to unsafe conditions caused by on-street parking on Leslie Street.

Since the Toronto Transit Commission (TTC) operates a transit service on Leslie Street, City Council approval of this report is required.  TTC staff has been consulted on the proposed parking prohibitions.

North York Community Council:

1.         Amended Schedule VIII of By-law No. 31001, of the former City of North York, to prohibit parking at any time on the east & south sides of Green Meadows Circle, from a point 45 metres west of Argus Court to a point 55 metres west thereof.

2.         Amended Schedule VIII of By-law No. 31001, of the former City of North York, to prohibit parking  at anytime on the south & west sides of Green Meadows Circle, from a point 52 metres east of Argus Court to a point 60 metres east thereof.

3.         Amended Schedule VIII of By-law No. 31001, of the former City of North York, to prohibit parking  at anytime on the west & north sides of Green Meadows Circle, from a point 172 metres east of Argus Court to a point 60 metres south thereof.

4.         Amended Schedule VIII of By-law No. 31001, of the former City of North York, to prohibit parking  at anytime on the east and north sides of Green Meadows Circle, from a point 165 metres west of Argus Court to a point 65 metres south thereof.

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 the City policy or by-laws.

To obtain approval to prohibit parking at anytime on the inside of the four corners of Green Meadows Circle.

The implementation of the parking prohibitions will address the resident’s concern that the view of motorists of other vehicles is obstructed when vehicles are parked close to the inside of the curves.

North York Community Council:

1.         Amended Schedule IX of By-law No. 31001, of the former City of North York, to delete the no stopping from 8:00 a.m. to 6:00 p.m., Monday to Friday, prohibition on the south, east and north sides of Ranchdale Crescent, from Avonwick Gate (north intersection) to Avonwick Gate (south intersection).

2.         Amended Schedule IX of By-law No. 31001, of the former City of North York, to prohibit stopping from 8:00 a.m. to 4:00 p.m., Monday to Friday, on the south and east sides of Ranchdale Crescent, from  the west limit of Avonwick Gate (north leg) to the north limit of Butterfield Drive.

3.         Amended Schedule IX of By-law No. 31001, of the former City of North York, to delete the no stopping from 8:00 a.m. to 6:00 p.m., Monday to Friday, prohibition on the west side of Ranchdale Crescent, from a point 90 metres west of Avonwick Gate (north intersection) to a point 32 metres west.

4.         Amended Schedule IX of By-law No. 31001, of the former City of North York, to prohibit  stopping from 8:00 a.m. to 4:00 p.m., Monday to Friday, on the west side of Ranchdale Crescent, from a point 90 metres west of Avonwick Gate (north intersection) to a point 32 metres west.

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 the City policy or by-laws.

To obtain approval to amend the current stopping restrictions on Ranchdale Crescent.

The amendment of the existing stopping regulations on Ranchdale Crescent will facilitate daily parking for residents and improve parking operations in the vicinity of Ranchdale Public School.

North York Community Council recommends that:

1.         City Council pass an assumption by-law to assume the municipal services in Subdivision Plan 66M-2404.

2.         City Council authorize and direct the appropriate City Officials 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-2404, dated September 30, 2003, between Georgian Bond Avenue Inc. and the City of Toronto are in the required condition and recommends assumption by the City.

North York Community Council directed that:

1.         The North Toronto Memorial Arena Board of Directors be changed to reflect the deletion of one member and the addition of a new member as the representative of the North Toronto Hockey Association on the North Toronto Memorial Arena Board of Directors, as set out in the communication from the Manager, North Toronto Memorial Arena Board of Management.

North York Community Council:

1.         Approved the deletion of one member and the addition of one new member to the Yonge Lawrence Village BIA Board of Management  as set out in Attachment No.1 to the report (December 15, 2009) from the Director, Business Services.

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

The purpose of this report is to recommend that the North York Community Council approve the deletion of one member and the addition of one new member to the Yonge Lawrence Village BIA Board of Management.  The North York Community Council has the delegated authority to make final decisions regarding BIA appointments.

North York Community Council recommends that:

1.         City Council accept the Offer to Purchase from Beant S. Virk to purchase the City-owned parcel of vacant land, municipally known as 446 Horsham Avenue, shown as Part 2 on Sketch No. PS-2009-101, being Part of Lot 166 on Plan 2057, designated as Part 2 on Plan 66R-22475 (being the same as Part 7 on Plan 64R-1480) (the “Property”), in the amount of $320,000.00, substantially on the terms and conditions outlined in Appendix “A” to the report (December 14, 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 authorize that a portion of the proceeds of closing be directed to fund the outstanding expenses related to 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 known as 446 Horsham Avenue.

The property was listed for sale on the open market, and the Offer to Purchase from Beant S. Virk 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.

North York Community Council recommends that:

1.         City Council accept the Offer to Purchase from Gurdhian S. Sidhu to purchase the City-owned parcel of vacant land, municipally known as 47 Terrace Avenue, shown as Part 1 on Sketch No. PS-2009-102, being Part of Lots 24, 25 and 26 on Plan 3178, designated as Part 3 on Reference Plan 64R-1480 (the “Property”), in the amount of $340,000.00, substantially on the terms and conditions outlined in Appendix “A” to the report (December 14, 2009) from the Chief Corporate Officer.

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

3.         City Council authorize that a portion of the proceeds of closing be directed to fund the outstanding expenses related to 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 known as 47 Terrace Avenue.

The property was listed for sale on the open market, and the Offer to Purchase from Gurdhian S. Sidhu 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.

North York Community Council recommends that:

1.         City Council permanently close the highway, shown as Part 1 and Part 2 on Sketch No. PS-2009-064 (the “Highway”), attached to the report (December 14, 2009) from the General Manager, Transportation Services Division and the Chief Corporate Officer, subject to compliance with the requirements of the City of Toronto Municipal Code 162.

2.         City Council direct Transportation Services staff to give notice to the public of a proposed by-law to close the Highway in accordance with the requirements of City of Toronto Municipal Code, Chapter 162, with the North York Community Council to hear any member of the public who wishes to speak to the matter during consideration of the proposed by-law.

3.         City Council direct Transportation Services staff to advise the public of the proposed closure of the Highway prior to implementation, in accordance with the requirements of the Municipal Class Environmental Assessment for Schedule “A+” activities, by posting notice of the proposed closure on the notices page of the City of Toronto’s web site for at least five working days prior to the North York Community Council meeting at which the proposed by-law to close the Highway will be considered.

4.         Authorize the sale of that portion of the Highway shown as Part 2 on Sketch No. PS-2009-064 to the owners of the adjoining property at 175 Downsview Avenue, substantially on the terms and conditions outlined in Appendix “A” to the report (December 14, 2009) from the General Manager, Transportation Services Division and the Chief Corporate Officer (the “Sale Transaction”).

5.         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.

6.         City Council grant authority to direct a portion of the proceeds of closing to fund the outstanding expenses related to the Highway and the completion of the Sale Transaction.

7.         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 and as she considers reasonable.

The purpose of this report is to seek authorization to close an untravelled portion of Highview Avenue between 175 and 179 Downsview Avenue and to sell a portion to the owners of the adjoining lands.

North York Community Council recommends that:

1.         City Council authorize the City Solicitor to retain outside Planning consultants and attend the Ontario Municipal Board Hearing to uphold the City’s By-law and the Committee of Adjustment’s decision.

Paul Grosman and Jessica Black the owners of 111 Gloucester Grove, submitted a Minor variance application to the North York District Committee of Adjustment to permit the construction of a new two storey dwelling on the property.

Variances were requested with respect to zero (0) parking spaces provided on site and rear deck projection. The dwelling and rear deck are constructed.

The Committee of Adjustment for the City of Toronto (North District) refused the Minor Variance application at the October 14th, 2009 meeting.

Planning staff did not comment on the application. However,  Traffic Planning and Right-of –Way Management commented that they did not support the variance to parking.

The applicant has appealed the decision of the Committee of Adjustment to the Ontario Municipal Board.

The Ontario Municipal Board has not set a hearing date for these applications.

The Councillor is requesting representation at the Ontario Municipal Board hearing.

North York Community Council recommends that:

1.         City Council authorize the City Solicitor and City Planning Staff to attend the Ontario Municipal Board Hearing to uphold the City’s By-law and the Committee of Adjustment’s decisions.

Michael and Elizabeth McNally, the owners of 89 and 91 Bogert Avenue, submitted two consent applications to the North York District Committee of Adjustment for the division of each  parcel of land into two (2) parts for a lot addition for the creation of three (3) new residential building lots each having a frontage of 10.16m (33.33’).

Michael and Elizabeth McNally, the owners 89 and 91 Bogert Avenue, also submitted three (3) minor variance applications to permit the construction of a new two storey dwelling on each of the newly created lots.

Variances were requested with respect to lot frontage and width, lot area and east and west side yard setbacks.

The Committee of Adjustment for the City of Toronto (North District) refused the Consent applications and the associated Minor Variance applications at the November 12th, 2009 meeting.

Planning staff commented that the development proposal would result in development which does not meet the intent and purpose of the Official Plan and does not represent good planning. Staff recommended that the applications be refused.

The applicant has appealed the decisions of the Committee of Adjustment to the Ontario Municipal Board.

The Ontario Municipal Board has not set a hearing date for these applications.

The Councillor is requesting representation at the Ontario Municipal Board hearing.

North York Community Council directed that:

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

2.         City Planning staff give notice for the community consultation meeting to landowners and residents within 120 metres of the site and the notice area for the community consultation meeting be expanded to include, in addition to the statutory notice area, all landowners and residents residing in the area bounded by Prince Charles Drive and Lawrence Avenue West, all landowners and residents on Cranbrooke Avenue and Woburn Avenue; and that the applicant pay the City for the costs associated with extending the notice area.

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

4.         The applicant be asked to consider including among the amenities a (mikvah) public ritual bath.

5.         The applicant be advised that notwithstanding any concessions that may be granted with respect to development charges or levies, the project will be subject to the City’s TTC pass policy which will not be waived.

6.         The applicant be further advised that the City is prepared to work with the applicant to develop a protocol that will allow larger units to be built in a way that will allow them to not be negatively impacted by the HST.

This application was made on September 17, 2009 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The application proposes to amend the Zoning By-law to permit a mixed-use building fronting both Saranac Boulevard and Bathurst Street. The proposed building consists of a 13 storey (40 metres) residence with ground floor commercial uses fronting Bathurst Street and a 14 storey (43 metres) residence to the rear, fronting Saranac Boulevard. The two residences are proposed to be connected by a one-storey base building with a common entry for the residences accessed from a private mews street. A total of 398 residential units and 30,077 m2 of residential gross floor area is proposed with 186 m2 of commercial gross floor area.

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.

North York Community Council directed that:

1.         City Planning staff schedule a community consultation meeting on the revised application in consultation with the local Councillor.

2.         City Planning staff give notice for the community consultation meeting to landowners and residents within 120 metres of the site and the notice area for the community consultation meeting be expanded to include, in addition to the statutory notice area, all landowners and residents residing in the area bounded by Bayview Avenue to the east, Willowdale Avenue to the west, Empress Avenue to the north, and Sheppard Avenue East to the south; and that the applicant pay the City for the costs associated with extending the notice area.

This report is in response to a request from North York Community Council in April 2008 for the applicant to revise their proposal to conform to the Official Plan, and that staff report on whether this has occurred by October 2008 at the latest.

North York Community Council recommends that:

 1.        City Council amend Zoning By-law 1916, as amended, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (December 10, 2009) from the Director, Community Planning, North York District, subject to:

a.         adding a new Section 3. to remove the general landscape provisions on the Industrial Zone (s. 8.1.5);

b.         adding the words “to permit a maximum of 290 m² per retail unit” after the phrase, “Retail Store is also permitted,” in Section 3. 1);

c.         changing Section 3. 2) regarding Minimum Southerly Side Yard from 1.0m to 0.9m; and

d.         changing Section 3. 2), regarding Maximum Height, from 8.5m to 9.0m.

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 principle the site plan drawings and Site Plan Control Approval Conditions listed in Attachment 7 to the report (December 10, 2009) from the Director, Community Planning, North York District, subject to stylistic and technical changes.

4.         City Council authorize the Chief Planner or his designate to give final approval to the Site Plan Control Application once the conditions to be satisfied prior to Site Plan Control Approval as set out in Attachment 7 to the report (December 10, 2009) from the Director, Community Planning, North York District, including entering into a satisfactory Site Plan Agreement, have been fulfilled.

This application was submitted on September 1, 2006 and is not subject to the provisions of the City of Toronto Act, 2006.  The application is to permit a new two storey commercial building at 211 Laird Drive which incorporates historical significant elements from the existing structure.

The application conforms to the “Employment Areas” designation as well as Sections 3.1.5.1 and 3.5.1.2 concerning the conservation of the City's heritage resources in the City of Toronto Official Plan. A separate report on the proposed listing of 211 Laird Drive under Part IV Section 27 of the Ontario Heritage Act will be presented concurrently with this report.

This report reviews and recommends approval of the application to amend the Zoning By-law and approval in principle the Site Plan Control Application to permit the proposed development and additional uses.

North York Community Council recommends that:

 1.        City Council include the property at 211 Laird Drive (Pease Foundry Company Building) on the City of Toronto Inventory of Heritage Properties.

This report recommends that City Council include the property at 211 Laird Drive (Pease Foundry Company Building) on the City of Toronto Inventory of Heritage Properties.

The property is currently subject to rezoning and site plan approval applications.  Heritage Preservation Services (HPS) has determined that the property’s cultural heritage values and attributes will be preserved as part of the adaptive reuse of the site.

North York Community Council recommends that:

 1.        City Council, in accordance with the delegated approval under by-law 229-2000, be advised that the Chief Planner intends to approve the draft plan of common elements condominium, as generally illustrated on Attachment 1 to the report (December 8, 2009) from the Director, Community Planning, North York District, subject to:

a.         the conditions as generally listed in Attachment 2 to the report (December 8, 2009) from the Director, Community Planning, North York District, 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, to be prepared to the satisfaction of the City Solicitor, and that such By-law shall expire two years after it has been enacted.

3.         City Council authorize the City Solicitor to introduce the necessary Bill provided that prior to the introduction of the Bill:

a.         the owner provides proof of payment to the satisfaction of the City Solicitor of all tax arrears and current property taxes for the subject site; and

b.         the owner of the subject lands has registered, satisfactory to the City Solicitor, a Section 118 restriction under the Land Titles Act agreeing not to transfer or mortgage any part of the lands without the prior written consent of the Chief Planner or designate.

4.         City Council authorize and direct the appropriate City Officials to register the Part Lot Control Exemption By-law on title.

5.         City Council authorize the City Solicitor to take the necessary steps to release the Section 118 restriction at such time as the Common Elements Condominium Plan has been registered.

These applications were made on May 19, 2009 and are subject to the new provisions of the Planning Act and the City of Toronto Act, 2006. The new provisions for Draft Plan of Common Elements Condominium require that a statutory public meeting be held.

The application for a common elements condominium proposes a common driveway on lands known municipally as 2996 – 3004 Bayview Avenue, located on the west side of Bayview Avenue, between Empress Avenue and Kingsdale Avenue.  The common elements condominium is required to provide legal vehicular access to fourteen 3-storey residential townhouse units and to ensure shared ownership and maintenance of the driveway by the condominium corporation.  The application also includes the balconies that extend over the driveway as part of the common element condominium but they will be for the exclusive use of the adjoining unit.

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 14 residential townhouses along Bayview Avenue.

This report reviews and recommends approval of the Draft Plan of Common Elements Condominium and approval of the application for Part Lot Control exemption. In addition, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the lands without prior consent of the Chief Planner or designate.

North York Community Council recommends that:

 1.        City Council amend Zoning By-law 7625 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the report (December 10, 2009) from the Director, Community Planning, North York District.

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 listed in Attachment No. 1, subject to the Notice of Approval Conditions listed in Attachment No. 9 to the report (December 10, 2009) from the Director, Community Planning, North York District.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner 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; and

b.         convey to the City, for a nominal sum and free and clear of all encumbrances, a road widening measuring approximately 4.9 metres along the Finch Avenue East frontage.

This application was made on December 17, 2008 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to convert the residential second floor of an existing two storey building located at 88 Finch Avenue East for additional professional medical office use. The ground floor is an existing professional medical office. Five existing parking spaces are located at the rear of the site. No additions or alterations to the exterior of the building are proposed.

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

North York Community Council recommends that:

1.         City Council refuse the proposed Zoning By-law Amendment application for the reasons outlined in the report (December 10, 2009) from the Director, Community Planning, North York District.

2.         City Council authorize City Staff to appear before the Ontario Municipal Board Hearing in support of the recommendation above and authorize the City Solicitor and other appropriate City staff to take such action as necessary to give effect to the recommendations of the report (December 10, 2009) from the Director, Community Planning, North York District.

This is a report on an appeal of an application to amend the Zoning By-law to develop two single detached homes at 218 Randolph Road.  As this matter has been appealed to the Ontario Municipal Board, this report recommends that the City solicitor and appropriate staff be instructed to attend the OMB hearing to oppose the Zoning By-law Amendment application for the reasons outlined in the report.

The original application was filed on November 29, 2007.  Revised plans which form the basis of the present appeal were submitted on April 1, 2009.  On October 28, 2009 the applicant appealed the Zoning By-law amendment application to the Ontario Municipal Board. 

The application proposes two single detached homes on Randolph Road on a lot which currently contains one detached home.

North York Community Council recommends that:

1.         City Council support the proposal as amended, to permit construction of two, three-storey detached dwellings, subject to the recommendations and conditions generally outlined in the report (December 15, 2009) from the Director, Community Planning, North York District.

2.         City Council approve in principle the site plan and elevations as indicated on the drawings listed in Attachments Nos. 1 and 2 to the report (December 15, 2009) from the Director, Community Planning, North York District; subject to the Notice of Approval Conditions listed in Attachment No. 5 to the report (December 15, 2009) from the Director, Community Planning, North York District.

3.         City Council authorize the City Solicitor and any other appropriate City staff to attend at the Ontario Municipal Board in support of the proposal, as amended.

The original application proposing to amend the former City of North York Zoning By-law 7625 in order to permit two, semi-detached three-storey buildings was made on December 30, 2005, and subsequently appealed by the applicant to the Ontario Municipal Board.

At its meeting of May 1, 2007, North York Community Council recommended supporting the proposal for two, three-storey semi-detached dwellings with specific provisions. The Ontario Municipal Board hearing held on May 22, 2008 was adjourned in order to allow the applicant to make a consent application to the Committee of Adjustment to create the two proposed lots, and to continue discussions with City staff on an acceptable design. The application has been amended by the applicant and proposes the construction of two, three-storey detached dwellings, with a common driveway leading to two parking spaces respectively at the rear.

The purpose of this report is to seek Council direction regarding the further processing of this amended application and its appeal to the Ontario Municipal Board by the applicant.

North York Community Council recommends that:

1.         City Council amend the Official Plan substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 9 to the report (October 8, 2009) from the Director, Community Planning, North York District.

2.         City Council amend the Zoning By-law for the lands at 470 Sentinel Road and 1, 35 and 40 Fountainhead Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 10 to the report (October 8, 2009) from the Director, Community Planning, North York District, with the following amendments:

a.         That in recognition of the proximity of these buildings to York University, the indoor amenity space for the proposed Condominium buildings (excluding the senior condominium) shall be at the rate of 2.0m² per dwelling unit and be of the type that can, if required, provide study and recreation facilities suitable for University students.

b.         That parking be provided at the minimum requirements of Zoning By-law 7625.

c.         That the applicant be provided with the opportunity of reducing the by-law parking requirements to those recommended by staff in their report (October 8, 2009) by agreeing to either expanding the transit pass program to additional years or extending the program to rental units on the basis of a formula that is mutually agreeable to the applicant and the Director, Community Planning, North York District, in consultation with the local Councillor.

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

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to 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 following community benefits:

a.         The rental tenure of the four existing apartment buildings on the site and the maintenance of their affordable and mid-range rents for a minimum of 25 years from the date any by-law to permit additional development comes into effect, and agreement by the owner that during this time period no application for condominium conversion or application to demolish the existing buildings will be made;

b.         Design, construct, provide and maintain at its own cost a new private recreation centre building of a minimum 2,200 m2 of gross floor area which is to include a minimum 1,100 m2 private recreation centre facility.  The recreation centre facility is for use by the residents of the existing rental apartment buildings at no cost to the tenants.  The recreation centre facility is to include an indoor swimming pool and change rooms.

The recreation centre building is to be constructed as part of Phase 1.  Prior to or together with the issuance of a building permit for Building L, and prior to the issuance of any building permit for Buildings I, J, K, E and F in Phases 2 and 3, construction shall have commenced on the recreation centre building.  The recreation centre facility shall be completed and ready for operation by the completion and occupancy of Building L and prior to the issuance of any building permit for Buildings I, J, K, E and F in Phases 2 and 3;

c.         Construct and provide, to the satisfaction of Children’s Services Division, in the recreation centre building a fully furnished and equipped 66 space non-profit child care centre of a minimum 1,100 m² of gross floor area and a minimum 345 m² of outdoor play space which will be appropriately surfaced and equipped and subject to City design criteria.  The child care centre is to be secured for a period of 99 years.

The child care centre is to be constructed and in operation as part of Phase 1.  Prior to or together with the issuance of a building permit for Building L, and prior to the issuance of any building permit for Buildings I, J, K, E and F in Phases 2 and 3, construction shall have commenced on the child care centre.  The child care centre shall be completed and ready for operation by the completion and occupancy of Building L and prior to the issuance of any building permit for Buildings I, K, E and F in Phases 2 and 3.

The owner agrees to provide a monetary contribution, indexed to the Statistics Canada Non-residential Construction Price Index for Toronto from the date this By-law comes into force, to the child care centre of:

(i)         $150,000 for start up costs; and

(ii)        $50,000 to a capital reserve equipment fund to provide for the replacement of equipment

by the completion and occupancy of Building L and prior to issuance of any building permit for Buildings I, K, E and F in Phases 2 and 3.”; and

d.         The owner agrees to provide to the City a financial contribution of $1.5 million, indexed to the Statistics Canada Non-residential Construction Price Index for Toronto from the date this By-law comes into force, to be used towards the construction of an artificial outdoor ice rink in Fountainhead Park.  The financial contribution is to be provided as part of Phase 1 prior to the issuance of a building permit for Building L and prior to the issuance of any building permit and to the satisfaction of the General Manager, Parks, Forestry and Recreation.

e.         The owner agrees to provide to the City a financial contribution of a maximum of $1 million in instalments, for deposit to the City’s Capital Revolving Fund for Affordable Housing, with each instalment to be paid prior to issuance of the related above-grade building permit.  For Buildings E, F, G, H, I, J, K and L, each instalment amount is based on $1,000 per dwelling unit included in the related building permit to be issued, to a total for all of the buildings not to exceed $1 million, together with the indexing amount for that instalment.  Each instalment shall be indexed to the Statistics Canada New Housing Construction Price Index for Toronto from the date this By-law comes into force to the date of payment;

f.          The public art component be either 0.5% or $250,000.00, whichever is the greater, and that the public art contribution be indexed to the Statistics Canada Non-residential Construction Price Index for Toronto from the date this By-law comes into force in accordance with the City of Toronto’s Percent For Public Art Program.

g.         Prepare and implement a ravine stewardship plan for the public lands located in the valley and the lands located below and above the staked top-of-bank line being conveyed to the Toronto and Region Conservation Authority, to the satisfaction of the Toronto and Region Conservation Authority and Parks, Forestry and Recreation, Urban Forestry, Ravine and Natural Feature Protection Division:

i.          A Letter of Credit to secure the preparation of the ravine stewardship plan shall be submitted to the Parks, Forestry and Recreation, Urban Forestry, Ravine and Natural Feature Protection Division prior to master site plan approval, to the satisfaction of the Toronto and Region Conservation Authority and Parks, Forestry and Recreation, Urban Forestry, Ravine and Natural Feature Protection Division; and

ii.         A Letter of Credit guaranteeing the implementation of the ravine stewardship plan shall be submitted to the Parks, Forestry and Recreation, Urban Forestry, Ravine and Natural Feature Protection Division prior to Phase 1 site plan approval, to the satisfaction of the Toronto and Region Conservation Authority and Parks, Forestry and Recreation, Urban Forestry, Ravine and Natural Feature Protection Division; and

h.         The owner agrees that the above noted facilities, services and/or matters shall be provided with no pass through of related costs to the tenants of the existing buildings.

5.         Before introducing the necessary Bills to City Council for enactment, City Council direct that the owner of the 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 following:

a.         Net improvements to the existing rental buildings that are to be maintained and their related facilities with no pass through of related costs to the tenants, to the satisfaction of the Director, Community Planning, North York District.  These improvements are generally as set out in Attachment 8 and are to have a minimum value of $5 million.  The improvements are to be completed prior to the issuance of a building permit for Buildings E and F in Phase 3;

b.         Construction shall proceed in accordance with the development Phasing Plan;

c.         The owner agrees to convey to the City for nominal consideration:

i.          lands for the extension of Fountainhead Road to Finch Avenue;

ii.         lands for road widenings; and

iii.        lands to provide a cul-de-sac at the west end of Fountainhead Road

as set out in the Technical Services Division memorandum dated May 14, 2009 to the satisfaction of the Director, Technical Services, North York District;

d.         The owner agrees to commence construction of the extension of Fountainhead Road to Finch Avenue including a new signalized intersection, road widenings, and a cul-de-sac at the west end of Fountainhead Road, all as part of Phase 1 and to complete these road works prior to the issuance of any building permit for Buildings I, J, K, E and F in Phases 2 and 3 to the satisfaction of the Director, Technical Services, North York District;

e.         Develop and implement an appropriate construction mitigation and communications strategy for the tenants of the existing buildings and residents of the new residential buildings at the owner’s cost and expense, to the satisfaction of the Director, Transportation Services, North York District;

f.          The owner agrees to provide and maintain a green roof with a continuous coverage of vegetation over at least 50% of the roof of the recreation centre building, to be implemented through site plan approval, to the satisfaction of the Director, Community Planning, North York District;

g.         Dedicate and convey to the Toronto and Region Conservation Authority for nominal consideration, all the lands below and above the staked top of bank line as shown on Zoning By-law Schedules RM6(182)A, RM6(182)B, and RM6(182)C having an area of approximately 0.475 hectares, to the satisfaction of the Toronto and Region Conservation Authority and the City Solicitor, prior to the registration of the first condominium in Phase 1;

h.         Prepare and implement a forest stewardship plan for the forested areas on the site north of Fountainhead Road and south of the hydro corridor, to the satisfaction of the Parks, Forestry and Recreation, Urban Forestry, Ravine and Natural Feature Protection Division:

i.          A Letter of Credit to secure the preparation of the forest stewardship plan shall be submitted prior to master site plan approval, to the satisfaction of the Parks, Forestry and Recreation, Urban Forestry, Ravine and Natural Feature Protection Division; and

ii.         A Letter of Credit guaranteeing the implementation of the forest stewardship plan shall be submitted prior to Phase 3 site plan approval, to the satisfaction of the Parks, Forestry and Recreation, Urban Forestry, Ravine and Natural Feature Protection Division;

i.          The landscape master plan valued at a minimum of $1,500,000 to form the basis for detailed landscape plans for on site landscape improvements which will be secured through an agreement pursuant to Section 41 of the Planning Act and Section 114 of the City of Toronto Act;

j.          Buildings E and J will be marketed as seniors residences.  The buildings will include common and shared facilities such as kitchens and common dining rooms;

k.         The owner agrees to provide a certified cheque to the Toronto Transit Commission (T.T.C.) for $50,000 for transit signal priority intersection improvements as noted in the memorandum of the Toronto Transit Commission dated December 23, 2008.  This is to be paid to the T.T.C. prior to the issuance of any building permit;

l.          Provide a revised stormwater management plan as part of master site plan approval to the satisfaction of the Toronto and Region Conservation Authority and the Director, Technical Services, North York District; and

m.        The owner agrees that the above noted facilities, services and/or matters shall be provided with no pass through of related costs to the tenants of the existing buildings.

6.         City Council recommend to the Chief Planner that the Draft Plan of Subdivision be approved, generally as illustrated on Attachment 3, subject to:

a.         The conditions as generally listed in Attachment 11, which except as otherwise noted, must be fulfilled prior to the release of the plan of subdivision for registration;

b.         Such revisions to the proposed plan of subdivision or additional or modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of the development; and

c.         The new public road access to Finch Avenue West shall remain closed until such time as the applicant has submitted a building permit application for Phase 1 and the Chief Building Official is confident that the construction of Phase 1 is eminent.

7.         In view of the proximity of this development to the subway, City Council require that the transit pass policy of the City be applied to this application.

8.         City Council require that 221 of the trees recommended in the report (October 8, 2009) from the Director, Community Planning, North York District, for replacement on site be provided to the City upon enactment of the By-law and be planted on public property, in consultation with the local Councillor, within three months of enactment of the By-law.

9.         City Council require that of the trees that are recommended in the report (October 8, 2009) from the Director, Community Planning, North York District, for removal, no tree shall be removed prior to the applicant submitting a building permit on those lands where the specific tree resides.

10.       City Council require that the applicant, prior to replanting trees on public property will submit to the satisfaction of the City, an irrigation plan that supplies drip lines to the trees being replanted, save and except those trees that comprise part of the forested areas.

11.       City Council require that should any of the trees that are replaced perish within the first four years of its replanting that a new tree shall be replanted by the applicant.

The rezoning application was submitted on July 17, 2006 and is therefore not subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.  The Official Plan Amendment and Draft Plan of Subdivision applications were submitted after this date and are subject to these Acts.

The proposal for 470 Sentinel Road and 1, 35 and 40 Fountainhead Road is to permit 1,035 new residential units in 8 condominium apartment buildings with heights ranging from 6 to 12 storeys.  The proposal also includes a new public road connecting the west end of Fountainhead Road to Finch Avenue.  The four existing 22 storey rental apartment buildings on the lands will be maintained and upgraded.

The proposal also includes the construction of a new private indoor recreational centre for the existing rental buildings, a 66 space child care facility, 93 m2 of commercial space, a financial contribution of $700,000 to be used towards the construction of an artificial ice rink at Fountainhead Park and a financial contribution of a maximum of $1 million to the City’s Capital Revolving Fund for Affordable Housing.

This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law and for Draft Plan of Subdivision.

This report addresses a direction from North York Community Council referring a motion to the Director, Community Planning, North York District for a report back to Community Council on the above applications.

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, if necessary, to uphold the decision of the Committee of Adjustment in the matter of A0432/09NY – 233 St. Leonard’s Avenue.

On October 28, 2009, the Committee of Adjustment (COA) – North Panel – issued a decision approving modified variances for a new two-storey dwelling at 233 St. Leonard’s Avenue while refusing a variance request for a below-grade garage. 

The Committee refused the variance after hearing planning arguments that below grade garages are not the prevalent building pattern in the Lawrence Park neighbourhood where large homes are featured with narrower side yard setbacks and shorter building lengths.

Furthermore, Council has clearly stated their concern with the construction of below grade garages and has enacted a prohibition in North York on all reverse slope driveways effective December 1st, 2009.  The same prohibition is recommended for city-wide application in the draft Harmonized Zoning By-law which is expected to come before Council in the new year.

The applicant has appealed the COA decision to the Ontario Municipal Board.  The OMB has scheduled a hearing on this appeal for February 11, 2010.  Staff did not comment on this application.

The recommendation seeks to uphold the decision of the Committee of Adjustment.

North York Community Council recommends that:

1.         City Council authorize the City Solicitor and City Planning Staff to attend the Ontario Municipal Board Hearing to uphold the City’s By-law and the Committee of Adjustment’s decision.

The owner of 45-47 Aspenwood Drive, submitted an application to the Committee of Adjustment, North York Panel, for permission to maintain the office uses within the existing residential building (coach house).

Variances were requested with respect to proposed office use, rear yard setback to the existing dwelling and an existing length of dwelling of 31.47m.

The applicant had been granted the use for a one year period in 2006. This approval expired on May 18, 2007. The applicant ended the use and re-located. The subject application was submitted after the Toronto Municipal Licensing and Standards Division responded to a complaint that the commercial use had once again resumed without approval and contrary to the Zoning By-law.

Planning staff’s main concern is the variance requested for the office use and they commented that the proposed office use was not within the intent of the Zoning By-law and not within the intent of the Official Plan and recommended that the application be refused.

The Committee of Adjustment for the City of Toronto (North District) refused the variances requested.

The applicant has appealed the decision of the Committee of Adjustment to the Ontario Municipal Board.

The Ontario Municipal Board has not set a hearing date for the application.

The Councillor is requesting representation at the Ontario Municipal Board hearing.

North York Community Council:

1.         Requested City Transportation Staff to study and report to the North York Community Council Meeting on April 27, 2010, on:

a.         the changes in traffic volume to Steeles Avenue East, Finch Avenue East, Don Mills Road, Leslie Street and Yonge Street, within the North York Community Council area, over the past 5 years; and

b.         report on the impacts and increased congestion for southbound Hwy 404 between 16th Avenue and Hwy 401, according to the recent study from the Ontario Ministry of Transportation as it applies to the North York Community Council area.

The Toronto Star published an article on January 7, 2010 entitled “GTA Commuter Crawl gets slower” based on the recent installment of Time Travel Study from the Ontario Ministry of Transportation.  The study indicates that researchers found travel time had doubled from 2006 to 2008 and the slowest stretch to be between Hwy 404 between 16th Avenue and Hwy 401. Commuters are traveling longer distances and being spread in more directions which has caused changes in traffic volumes and increased congestion on our City streets.

North York Community Council:

1.         Set aside the results of the poll conducted for front yard parking.

2.         Directed the Director, Transportation Services Division, North York District, to:

a.         process the application in accordance with the remaining provisions of Chapter 918 of the Municipal Code; and

b.         advise the applicant to pay all applicable fees.

The residents of 72 Chudleigh Avenue applied for a front-yard parking permit in the summer of 2009.  According to the policy for the City of Toronto, a poll of local residents must be conducted to determine if there is sufficient neighbourhood support for the application.

Ballots were mailed out on September 2, 2009 with the last date for filing a response being October 2, 2009.  The following is the poll result:

Total polled                                                                                                       118

Returned                                                                                                                1

Eligible Voters                                                                                                  117

Number of Returned Ballots needed to proceed (50%)                                      59

Actual Number of Returned Ballots                                                                   54

In Favour of Front Yard Parking                                                                        38

Opposed to Front Yard Parking                                                                          15

Spoiled Ballots                                                                                                      1

No Reply                                                                                                             63

The poll failed because it did not meet the minimum response rate by 5 ballots.  However, it must be noted that even if the five ballots returned were in the negative, a significant majority of residents would have been in favour of the front-yard pad.

The application at this location meets every other city policy with respect to front-yard parking.

During the process, many residents contacted the office and wanted to know why each member of the household was receiving a ballot, since some members of households were mailed a poll even if they no longer resided in the household.

Given the fact that the poll would have been successful even if the five required responses were in the negative, the poll should be set aside.

North York Community Council recommends that:

1.         City Council direct the Chief Planner and Executive Director, City Planning Division, and the Chief Building Official and Executive Director, Toronto Building Division to report to the Planning and Growth Management Committee on an appropriate protocol that deals with first party signs at the time of site plan review to ensure compliance with the new Sign By-law which comes into full force and effect on April 6, 2010.

In dealing with sign by-law variances for multiple retail complexes, the location and size of signs is not reviewed as part of the site plan process.

To ensure appropriate locations and sizes for any proposed signs in relation to proposed multiple retail developments, a coordinated approach is required.

General Bills

North York Community Council enacted By-laws 20-2010 to 39-2010.

Confirmatory Bill

North York Community Council passed a Confirmatory Bill as By-law 40-2010.