City Council on January 26 and 27, 2010, adopted the following:

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.         to 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.

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.

City Council on January 26 and 27, 2010, received Item NY30.13 for information.

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.

City Council on January 26 and 27, 2010, adopted the following:

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 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.

City Council on January 26 and 27, 2010, adopted the following:

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.

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.

City Council on January 26 and 27, 2010, adopted the following:

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.

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.

City Council on January 26 and 27, 2010, adopted the following:

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.

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.

City Council on January 26 and 27, 2010, adopted the following:

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.

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.

City Council on January 26 and 27, 2010, adopted the following:

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.

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.

City Council on January 26 and 27, 2010, adopted the following:

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.         City Council 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.

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.         City Council 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.

City Council on January 26 and 27, 2010, adopted the following:

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.

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.

City Council on January 26 and 27, 2010, adopted the following:

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.

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.

City Council on January 26 and 27, 2010, adopted the following:

 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.

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.

City Council on January 26 and 27, 2010, adopted the following:

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

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.

City Council on January 26 and 27, 2010, adopted the following:

 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.

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.

City Council on January 26 and 27, 2010, adopted the following:

 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.

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.

City Council on January 26 and 27, 2010, adopted the following:

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.

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.

City Council on January 26 and 27, 2010, adopted the following:

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.

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.

City Council on January 26 and 27, 2010, referred Item NY30.49 back to the North York Community Council.

City Council also adopted the following:

1.         City Council request the Chief Planner and Executive Director, City Planning, to report as soon as possible on what density would be recommended if there was no vehicular access to Finch Avenue West.

2.         City Council request the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, to continue discussions with the applicant on an appropriate level of community amenities to meet the needs of the existing and increased population of the area.

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.

City Council on January 26 and 27, 2010, adopted the following:

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.

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.

City Council on January 26 and 27, 2010, adopted the following:

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.

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.

City Council on January 26 and 27, 2010, adopted the following:

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.

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.