City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council refuse the request for the variance for 135 Fenelon Drive, listed in the third column of the table included in page 3 of the report (December 11, 2009) from the Director of Building and Deputy Chief Building Official.

North York Community Council recommends that:

1.         City Council refuse the request for the variance for 135 Fenelon Drive, listed in the third column of the table included in page 3 of the report (December 11, 2009) from the Director of Building and Deputy 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 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.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council refuse the sign variance request for 1252 Lawrence Avenue East.

North York Community Council recommends that:

1.         City Council refuse the sign variance request for 1252 Lawrence Avenue East.

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

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

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

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

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council amend Schedule XV of By-law No. 31001, of the former City of North York to delete the prohibited northbound and southbound left and right turns at all times, from Alness Street to the York University Busway (Finch Hydro Corridor).

2.         City Council amend Schedule XV of By-law No. 31001, of the former City of North York to include prohibited northbound and southbound left and right turns at all times, “Public Transit Vehicles” excepted, from Alness Street to the York University Busway (Finch Hydro Corridor).

North York Community Council recommends that:

1.         City Council amend Schedule XV of By-law No. 31001, of the former City of North York to delete the prohibited northbound and southbound left and right turns at all times, from Alness Street to the York University Busway (Finch Hydro Corridor).

2.         City Council amend Schedule XV of By-law No. 31001, of the former City of North York to include prohibited northbound and southbound left and right turns at all times, “Public Transit Vehicles” excepted, from Alness Street to the York University Busway (Finch Hydro Corridor).

To obtain approval to alter the current by-law restricting all turns at the intersection of Alness Street and the York University Busway to allow buses to be exempt from these restrictions.

The installation of the buses excepted tab will permit northbound and southbound buses on Alness Street  access to the busway, without conducting illegal left and right turns. This traffic restriction will not have any adverse effect on all other road users in this area.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council approve the installation of traffic control signals on Leslie Street at the southerly driveway to 1155 Leslie Street (BMW Canada access).

North York Community Council recommends that:

1.         City Council approve the installation of traffic control signals on Leslie Street at the southerly driveway to 1155 Leslie Street (BMW Canada access).

To obtain approval for the installation of traffic control signals at 1155 Leslie Street.

Traffic studies have revealed that traffic control signals are warranted at this location.

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 signal installation and have not objected to the proposal.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council prohibit u-turns in both directions on Laird Drive between Wicksteed Avenue and Commercial Road.

2.         City Council prohibit southbound left-turns at anytime on Laird Drive at a point 65.0 metres south of Wicksteed Avenue.

North York Community Council recommends that:

1.         City Council prohibit u-turns in both directions on Laird Drive between Wicksteed Avenue and Commercial Road.

2.         City Council prohibit southbound left-turns at anytime on Laird Drive at a point 65.0 metres south of Wicksteed Avenue.

To obtain approval to prohibit V-turns in both directions on Laird Drive between Wicksteed Avenue and Commercial Road and to prohibit southbound left-turns on Laird Drive at a point 65 metres south of Wicksteed Avenue.

The prohibition of u-turns on Laird Drive, between Wicksteed Avenue and Commercial Road and southbound left-turns on Laird Drive 65.0 metres south of Wicks teed Avenue will address concerns that vehicles conducting u-turns and left turns around the medians are creating unexpected and dangerous situations for motorists on Laird Drive.

Since the Toronto Transit Commission (TIC) operates a transit service on Laird Drive, City Council approval of this report is required.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal address set out below as a fire route pursuant to Municipal Code Chapter 880- Fire Routes – 27 Rean Drive.

2.         City Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.

North York Community Council recommends that:

1.         City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal address set out below as a fire route pursuant to Municipal Code Chapter 880- Fire Routes – 27 Rean Drive.

2.         City Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.

To obtain Council approval for the amendment of the Fire Route By-law to designate certain locations as fire routes within the meaning of City of Toronto Municipal Code Chapter 880, as amended.

Fire Services uses designated fire routes as a key mechanism in regulating fire prevention, including the prevention of spreading of fires and the delivery of fire protection services.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council authorize acceptance of the Offer to Purchase from Roman Shalmiev for the City-owned parcel of vacant land, located at the rear of 116 Horsham Avenue, being Part of Lot 33 on Plan 2057, City of Toronto, shown as Part 2 on Sketch No. PS-2009-087, subject to the retention of an easement for overland flow purposes over the entire property (the “Property”), in the amount of $5,000.00, substantially on the terms and conditions outlined in Appendix “A” to the report (February 17, 2010) from the Chief Corporate Officer.

2.         City Council authorize each of the Chief Corporate Officer and the Director of Real Estate Services 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 Property and the completion of the sale transaction.

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

North York Community Council recommends that:

1.         City Council authorize acceptance of the Offer to Purchase from Roman Shalmiev for the City-owned parcel of vacant land, located at the rear of 116 Horsham Avenue, being Part of Lot 33 on Plan 2057, City of Toronto, shown as Part 2 on Sketch No. PS-2009-087, subject to the retention of an easement for overland flow purposes over the entire property (the “Property”), in the amount of $5,000.00, substantially on the terms and conditions outlined in Appendix “A” to the report (February 17, 2010) from the Chief Corporate Officer.

2.         City Council authorize each of the Chief Corporate Officer and the Director of Real Estate Services 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 Property and the completion of the sale transaction.

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

The purpose of this report is to obtain approval for the sale of the City-owned parcel of vacant land located at the rear of 116 Horsham Avenue.  Negotiations with Roman Shalmiev have resulted in the Offer to Purchase that is being recommended for acceptance by the City.

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

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council approve the Emerald City Public Art Plan, attached to the report (February 18, 2010) from the Director, Urban Design.

North York Community Council recommends that:

1.         City Council approve the Emerald City Public Art Plan, attached to the report (February 18, 2010) from the Director, Urban Design.

In accordance with the applicable Section 37 Agreement and to satisfy conditions of site plan approval, El Ad Group (Canada) Inc., the owner of Emerald City, has submitted a public art plan for approval by City Council. The plan which forms Attachment 1 to this report, provides a framework for the commissioning of art to create public art projects at key locations within the redevelopment site. The plan provides an overview of the proposed art sites, public art objectives, preliminary estimated budget, art selection process, short-listed artists and jury, and a project schedule. The owner will commence the selection of the art once the public art plan is approved. El Ad Group (Canada) Inc will own and maintain the resulting art installations on the Emerald City site.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council amend Zoning By-law 7625 for the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (February 17, 2010) 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 in Attachment No. 1 to the report (February 17, 2010) from the Director, Community Planning, North York District, subject to the Draft Conditions of Site Plan Approval listed in Attachment 7 to the report (February 17, 2010) from the Director, Community Planning, North York District.

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

i.          Obtain site plan approval from the Director, Community Planning, North York District, in consultation with the local Councillor, and enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act, 2006.

North York Community Council recommends that:

1.         City Council amend Zoning By-law 7625 for the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (February 17, 2010) 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 in Attachment No. 1 to the report (February 17, 2010) from the Director, Community Planning, North York District, subject to the Draft Conditions of Site Plan Approval listed in Attachment 7 to the report (February 17, 2010) from the Director, Community Planning, North York District.

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

i.          Obtain site plan approval from the Director, Community Planning, North York District, in consultation with the local Councillor, and enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act, 2006.

These applications were made on September 2, 2008 and are subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The applicant proposes to redevelop the lands known municipally as 244 Finch Avenue West to permit a two storey building with professional medical office uses on the ground floor (optometrist) and professional office uses on the upper floor.

This report reviews and recommends approval of the applications to amend the Zoning By-law and to approve in principal the Site Plan Control application.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council amend the Official Plan substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 8 to the report (February 16, 2010) from the Director, Community Planning, North York District.

2.         City Council amend Zoning By-law 7625 for the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the report (February 16, 2010) from the Director, Community Planning, North York District.

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

4.         City Council approve in principle the site plan as indicated on the drawing in Attachment 1 to the report (February 16, 2010) from the Director, Community Planning, North York District, subject to the Draft Conditions of Site Plan Approval listed in Attachment 10 to the report (February 16, 2010) from the Director, Community Planning, North York District.

5.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act.

6.         City Council delegate back to the Chief Planner or his designate the authority to issue final Site Plan Approval, in consultation with the local Councillor.

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. 8 to the report (February 16, 2010) from the Director, Community Planning, North York District.

2.         City Council amend Zoning By-law 7625 for the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the report (February 16, 2010) from the Director, Community Planning, North York District.

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

4.         City Council approve in principle the site plan as indicated on the drawing in Attachment 1 to the report (February 16, 2010) from the Director, Community Planning, North York District, subject to the Draft Conditions of Site Plan Approval listed in Attachment 10 to the report (February 16, 2010) from the Director, Community Planning, North York District.

5.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

i.          Obtain site plan approval from the Director, Community Planning, North York District, in consultation with the Ward Councillor, and enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act, 2006.

North York Community Council held a statutory public meeting on March 9, 2010, and notice was given in accordance with the Planning Act.

These applications were submitted on December 19, 2008 and are subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The applicant proposes to redevelop the properties located at 169, 171, 173 and 177 Finch Avenue East with 21 residential townhouse units, configured into 3 Blocks, and with two interior roadways. 

This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law and to approve in principal the Site Plan Control application.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council support the proposed modifications to the draft Official Plan Amendment that was previously presented to the Ontario Municipal Board, generally as shown in the draft Official Plan Amendment contained in Attachment No. 10 to the report (February 16, 2010) from the Director, Community Planning, North York District, and authorize the City Solicitor and necessary City staff and consultants to attend the Ontario Municipal Board in support of the modified Official Plan Amendment, as necessary.

2.         City Council amend Zoning By-law 7625, as amended, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 11 to the report (February 16, 2010) from the Director, Community Planning, North York District.

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 for the Zoning By-law Amendment to City Council for enactment, City Council require that:

a.         the Ontario Municipal Board shall issue its final order to approve the Official Plan Amendment for the subject lands;

b.         all requirements regarding the storm sewer and related easement, located at the north end of the site, in the vicinity of the proposed Yonge Street driveway, be addressed to  the satisfaction of Toronto Water staff and the Executive Director, Technical Services;

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

i.          at-grade bicycle rooms containing racks or lockers, at a combined minimum rate of 0.1 per dwelling unit including live-work townhouses;

ii.         a minimum of 1.5 m2 per apartment house dwelling unit of indoor recreational amenity space; and

iii.        a minimum of 1,282 m2 of retail and service commercial space on the ground floor podium level, fronting onto and directly accessible from Yonge Street, Park Home Avenue or the Rose Garden Park shown on Schedule "RM6(___)" and located within 30 metres of the property line; and

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

d.         all existing agreements that affect the subject lands be amended to the satisfaction of the City Solicitor, including but not limited to the agreements related to the following items:

i.            the Rose Garden, Gibson Park and Leased Park;

ii.           the publicly accessible driveway, which also provides access to the Sam-Sor property, Gibson House and Yonge Hearts Child Care Centre;

iii.          Heritage and Construction Impact and parking arrangements within the proposed development for Gibson House, to the satisfaction of Cultural Services;

iv.          pedestrian tunnel connections to the Sam-Sor property to the north, and to 5160 Yonge Street to the south; and

v.           the existing storm sewer and related City easements, to the satisfaction of Toronto Water and the Executive Director of Technical Services; and

e.         subject to taking the necessary procedural steps, City Council support in principle declaring as surplus PART 7 identified on the January 5, 2010 draft R-Plan by R. Avis Surveying Inc, having an area of 153.2 m2, in exchange for PARTS 2 and 4 identified on the January 5, 2010 draft R-Plan by Avis Surveying Inc, having and area on 179.6 m2;

f.          subject to the necessary procedural steps declaring the lands surplus being completed, Director of Real Estate Services report to City Council on the terms & conditions of the land exchange;

g.         the following site plan matters be addressed to the satisfaction of the Director,  Community Planning, North York District:

i.          fire access route requirements to the satisfaction of Fire Services and the Executive Director of Technical Services;

ii.         solid waste requirements, including waste collection arrangement, to the satisfaction of the Executive Director of Technical Services; and

iii.        a sanitary sewer analysis (drainage plans, flow sheets and hydraulic analysis as necessary) to identify required improvements to the existing sanitary sewer system, up to the Trunk connection point, to provide for peak sanitary flows generated by this development and any extraneous wet weather flow, and any other known developments which are to be served by the same sanitary sewer system;

h.         the following matters regarding archaeological assessment be addressed to the satisfaction of the Manager, Heritage Preservation Services:

i.          retain a consultant archaeologist, licensed by the Ministry of Culture under the provisions of the Ontario Heritage Act (R.S.O 1990 as amended) to carry out a Stage 3 Archaeological Assessment of the lands cited in the assessment report completed by Archaeological Assessments Inc., dated December 2008 and identified on figure 12;

ii.         undertake archaeological assessment of those lands subject to a land exchange identified as Part 7 on draft R-Plan 66R- by R. Avis Surveying Inc, dated Jan. 5, 2010;

iii.        follow through on recommendations to mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. The assessment is to be completed in accordance with the 2009 Final Draft – Standards and Guidelines for Consulting Archaeologists, Ministry of Culture.  Should the archaeological assessment process continue beyond a Stage 3 assessment, any recommendations for Stage 4 mitigation strategies must be reviewed and approved by Heritage Preservation Services staff prior to commencement of the site mitigation;

iv.        submit a copy of the relevant assessment report(s) to the Heritage Preservation Services Unit in both hard copy format and as an Acrobat PDF file on compact disk for review and comment;

v.         incorporate significant archaeological resources and findings into the proposed development through either in situ preservation and interpretation where feasible, or commemorate and interpret the resources through exhibition development on site including, but not limited to, commemorative plaquing; and

vi.        ensure no demolition, construction, grading or other soil disturbances shall take place on the subject property prior to the City’s Planning Division (Heritage Preservation Services Unit) and the Ministry of Culture (Heritage Operations Unit) confirming in writing that all archaeological licensing and technical review requirements have been satisfied; and

i.          the owner shall satisfy the Director, Community Planning, North York District and Deputy Chief Building Official, North York District, that the plans and drawings conform to the proposed Zoning By-law and do not provide for or allow additional gross floor area or extra height beyond that permitted by the by-law.

5.         City Council approve in principle the Site Plan drawings and draft Conditions of Site Plan Approval listed in Attachment 13 to the report (February 16, 2010) from the Director, Community Planning, North York District, subject to stylistic and technical changes, and subject to amending Pre Approval Condition 2. in Attachment 13, to read as follows:

“2.       The owner shall submit revised Landscape Plans to the satisfaction of the Director, Community Planning, North York District, in consultation with Planning Design and Development Section of Parks, Forestry and Recreation, and Cultural Services and subject to the results of consultation with the ward Councillor and local community". 

North York Community Council recommends that:

1.         City Council support the proposed modifications to the draft Official Plan Amendment that was previously presented to the Ontario Municipal Board, generally as shown in the draft Official Plan Amendment contained in Attachment No. 10 to the report (February 16, 2010) from the Director, Community Planning, North York District, and authorize the City Solicitor and necessary City staff and consultants to attend the Ontario Municipal Board in support of the modified Official Plan Amendment, as necessary.

2.         City Council amend Zoning By-law 7625, as amended, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 11 to the report (February 16, 2010) from the Director, Community Planning, North York District.

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 for the Zoning By-law Amendment to City Council for enactment, City Council require that:

a.         the Ontario Municipal Board shall issue its final order to approve the Official Plan Amendment for the subject lands;

b.         all requirements regarding the storm sewer and related easement, located at the north end of the site, in the vicinity of the proposed Yonge Street driveway, be addressed to  the satisfaction of Toronto Water staff and the Executive Director, Technical Services;

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

i.          at-grade bicycle rooms containing racks or lockers, at a combined minimum rate of 0.1 per dwelling unit including live-work townhouses;

ii.         a minimum of 1.5 m2 per apartment house dwelling unit of indoor recreational amenity space; and

iii.        a minimum of 1,282 m2 of retail and service commercial space on the ground floor podium level, fronting onto and directly accessible from Yonge Street, Park Home Avenue or the Rose Garden Park shown on Schedule "RM6(___)" and located within 30 metres of the property line; and

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

d.         all existing agreements that affect the subject lands be amended to the satisfaction of the City Solicitor, including but not limited to the agreements related to the following items:

i.            the Rose Garden, Gibson Park and Leased Park;

ii.           the publicly accessible driveway, which also provides access to the Sam-Sor property, Gibson House and Yonge Hearts Child Care Centre;

iii.          Heritage and Construction Impact and parking arrangements within the proposed development for Gibson House, to the satisfaction of Cultural Services;

iv.          pedestrian tunnel connections to the Sam-Sor property to the north, and to 5160 Yonge Street to the south; and

v.           the existing storm sewer and related City easements, to the satisfaction of Toronto Water and the Executive Director of Technical Services; and

e.         subject to taking the necessary procedural steps, City Council support in principle declaring as surplus PART 7 identified on the January 5, 2010 draft R-Plan by R. Avis Surveying Inc, having an area of 153.2 m2, in exchange for PARTS 2 and 4 identified on the January 5, 2010 draft R-Plan by Avis Surveying Inc, having and area on 179.6 m2;

f.          subject to the necessary procedural steps declaring the lands surplus being completed, Director of Real Estate Services report to City Council on the terms & conditions of the land exchange;

g.         the following site plan matters be addressed to the satisfaction of the Director,  Community Planning, North York District:

i.          fire access route requirements to the satisfaction of Fire Services and the Executive Director of Technical Services;

ii.         solid waste requirements, including waste collection arrangement, to the satisfaction of the Executive Director of Technical Services; and

iii.        a sanitary sewer analysis (drainage plans, flow sheets and hydraulic analysis as necessary) to identify required improvements to the existing sanitary sewer system, up to the Trunk connection point, to provide for peak sanitary flows generated by this development and any extraneous wet weather flow, and any other known developments which are to be served by the same sanitary sewer system;

h.         the following matters regarding archaeological assessment be addressed to the satisfaction of the Manager, Heritage Preservation Services:

i.          retain a consultant archaeologist, licensed by the Ministry of Culture under the provisions of the Ontario Heritage Act (R.S.O 1990 as amended) to carry out a Stage 3 Archaeological Assessment of the lands cited in the assessment report completed by Archaeological Assessments Inc., dated December 2008 and identified on figure 12;

ii.         undertake archaeological assessment of those lands subject to a land exchange identified as Part 7 on draft R-Plan 66R- by R. Avis Surveying Inc, dated Jan. 5, 2010;

iii.        follow through on recommendations to mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. The assessment is to be completed in accordance with the 2009 Final Draft – Standards and Guidelines for Consulting Archaeologists, Ministry of Culture.  Should the archaeological assessment process continue beyond a Stage 3 assessment, any recommendations for Stage 4 mitigation strategies must be reviewed and approved by Heritage Preservation Services staff prior to commencement of the site mitigation;

iv.        submit a copy of the relevant assessment report(s) to the Heritage Preservation Services Unit in both hard copy format and as an Acrobat PDF file on compact disk for review and comment;

v.         incorporate significant archaeological resources and findings into the proposed development through either in situ preservation and interpretation where feasible, or commemorate and interpret the resources through exhibition development on site including, but not limited to, commemorative plaquing; and

vi.        ensure no demolition, construction, grading or other soil disturbances shall take place on the subject property prior to the City’s Planning Division (Heritage Preservation Services Unit) and the Ministry of Culture (Heritage Operations Unit) confirming in writing that all archaeological licensing and technical review requirements have been satisfied; and

i.          the owner shall satisfy the Director, Community Planning, North York District and Deputy Chief Building Official, North York District, that the plans and drawings conform to the proposed Zoning By-law and do not provide for or allow additional gross floor area or extra height beyond that permitted by the by-law.

5.         City Council approve in principle the Site Plan drawings and draft Conditions of Site Plan Approval listed in Attachment 13 to the report (February 16, 2010) from the Director, Community Planning, North York District, subject to stylistic and technical changes, and subject to amending Pre Approval Condition 2. in Attachment 13, to read as follows:

“2.       The owner shall submit revised Landscape Plans to the satisfaction of the Director, Community Planning, North York District, in consultation with Planning Design and Development Section of Parks, Forestry and Recreation, and Cultural Services and subject to the results of consultation with the ward Councillor and local community". 

North York Community Council held a statutory public meeting on March 9, 2010, and notice was given in accordance with the Planning Act.

The Zoning By-law Amendment application was submitted on October 17, 2008 and the Site Plan Control Approval application was submitted on April 23, 2009.  The applications are subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The applications propose a development of two 42-storey (125 metre) residential towers including a 5-storey base building with commercial uses at grade fronting Yonge Street and Park Home Avenue and live work units at the rear.  Parks and Open Space areas are to be maintained at the corner of Yonge Street and Park Home Avenue and along the Park Home Avenue frontage, west of the development site towards Beecroft Road.  To facilitate the appropriate siting of the proposed development, a land exchange is required between the Gibson House property and the development site.

This report reviews and recommends approval of the Zoning By-law Amendment and Site Plan Control Approval applications, subject to the conditions outlined in this report.  This report also requests Council support of the modifications to the draft Official Plan Amendment that was previously presented to the Ontario Municipal Board. The modifications which are outlined in this report are supported by staff and are necessary for the appropriate development of the site.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council amend the North York Centre Secondary Plan, substantially in accordance with the draft Official Plan Amendment contained in Attachment 8 to the report (February 16, 2010) from the Director, Community Planning, North York District.

2.         City Council amend the Zoning By-law for the former City of North York substantially in accordance with the draft Zoning By-law Amendment in Attachment 9 to the report (February 16, 2010) from the Director, Community Planning, North York District.

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:

a.         enter into a Section 37 Agreement with the City, to the satisfaction of the City Solicitor, to provide the following facilities, services or matters:

 i.         lands at 2 and 10 Bonnington Place for the North York Service Road network extension;

 ii.        retail space fronting onto and directly accessible to Yonge Street and Anndale Drive;

iii.        at-grade bicycle rooms for the residential and commercial uses;

 iv.       indoor recreational amenity space;

 v.        pedestrian connection space to the subway stations; and

vi.        monetary contribution towards the cost of acquiring lands for completion of planned service roads, in the form of a letter of credit to be offset by the costs of connecting the major office development to the subway stations;

b.         enter into a TTC Undertaking Agreement that addresses:

i.          TTC’s requirements for an Entrance Connection Agreement(s) including commitments with respect to entrance connection fees and letters of credit;

ii.         land conveyances and exchanges for the TTC ventilation, emergency exit and entrance buildings;

iii.        dedication of existing easement or expanded areas surrounding existing easement areas if required; and

iv.        timing or staging of these fees and lands/areas to be dedicated or provided; and

c.         satisfy the Director, Community Planning, North York District and the Deputy Chief Building Official, North York District, that the plans and drawings conform to the proposed Zoning By-law and do not provide for or allow additional gross floor area or extra height beyond that permitted by the by-law.

5.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to agree to provide public access to the ‘grand plaza’ area, and to the construction sequencing of the development, as well as any other matters in the Council endorsed Settlement not otherwise addressed, to be secured through entering into a Section 37 Agreement with the City, to the satisfaction of the City Solicitor.

6.         City Council approve in principle the Site Plan drawings and draft Conditions of Site Plan Approval listed in Attachment 10 to the report (February 16, 2010) from the Director, Community Planning, North York District, subject to stylistic and technical changes.

7.         City Council direct that prior to the Director, Community Planning, North York District issuing the Notice of Site Plan Approval Conditions:

a.         the Chief Corporate Officer will have declared surplus Parts 18, 21 & 23 identified on the November 12, 2008 draft R-Plan by RM Pastushak OLS, having an area of 222 m2 and an offer be invited from the owner, consistent with the offer to settle and in exchange for 284 Maplehurst Avenue, to acquire a strata fee interest in these lands, subject to any infrastructure requirements of the TTC;

b.         the owner shall have completed a Toronto Transit Commission (“TTC”) Level 3 Technical Review of the proposed development as applicable to the particular demolition, excavation and shoring permits applied for and obtain the TTC’s written acknowledgement that the developer has satisfied all of the conditions arising out of the review;

c.         the owner shall have entered into a TTC construction agreement(s);

d.         the owner shall have filed with the City the monetary contribution towards the cost of acquiring lands for completion of planned service roads, in the form of a letter of credit, that may be offset by the costs of connecting the major office development to the subway stations in accordance with the Section 37 Agreement; and

e.         the owner shall have conveyed to the City the lands at 2 and 10 Bonnington Place to the satisfaction of the Executive Director of Technical Services for the North York Centre Service Road.

8.         City Council authorize the Chief Planner or his designate to give Site Plan approval once the final conditions to be satisfied prior to Site Plan Control Approval, including entering into a satisfactory Site Plan Agreement,  have been fulfilled.

9.         City Council direct that if the Owner agrees to take on the role of constructing the Longmore and Maplehurst Park using the Parks & Recreation component of the Development Charges generated through this development application, the Owner shall receive development charge credits for the Park Improvements. The development charges credit shall be the lesser of the Parks & Recreation component of the development charges payable in accordance with the City’s Development Charges By-law and the Owner’s actual cost for the Park Improvements as approved by the General Manager, Parks, Forestry and Recreation. 

10.       City Council direct that Maplehurst Park be excluded from the Design Review Panel process.

North York Community Council recommends that:

1.         City Council amend the North York Centre Secondary Plan, substantially in accordance with the draft Official Plan Amendment contained in Attachment 8 to the report (February 16, 2010) from the Director, Community Planning, North York District.

2.         City Council amend the Zoning By-law for the former City of North York substantially in accordance with the draft Zoning By-law Amendment in Attachment 9 to the report (February 16, 2010) from the Director, Community Planning, North York District.

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:

a.         enter into a Section 37 Agreement with the City, to the satisfaction of the City Solicitor, to provide the following facilities, services or matters:

 i.         lands at 2 and 10 Bonnington Place for the North York Service Road network extension;

 ii.        retail space fronting onto and directly accessible to Yonge Street and Anndale Drive;

iii.        at-grade bicycle rooms for the residential and commercial uses;

 iv.       indoor recreational amenity space;

 v.        pedestrian connection space to the subway stations; and

vi.        monetary contribution towards the cost of acquiring lands for completion of planned service roads, in the form of a letter of credit to be offset by the costs of connecting the major office development to the subway stations;

b.         enter into a TTC Undertaking Agreement that addresses:

i.          TTC’s requirements for an Entrance Connection Agreement(s) including commitments with respect to entrance connection fees and letters of credit;

ii.         land conveyances and exchanges for the TTC ventilation, emergency exit and entrance buildings;

iii.        dedication of existing easement or expanded areas surrounding existing easement areas if required; and

iv.        timing or staging of these fees and lands/areas to be dedicated or provided; and

c.         satisfy the Director, Community Planning, North York District and the Deputy Chief Building Official, North York District, that the plans and drawings conform to the proposed Zoning By-law and do not provide for or allow additional gross floor area or extra height beyond that permitted by the by-law.

5.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to agree to provide public access to the ‘grand plaza’ area, and to the construction sequencing of the development, as well as any other matters in the Council endorsed Settlement not otherwise addressed, to be secured through entering into a Section 37 Agreement with the City, to the satisfaction of the City Solicitor.

6.         City Council approve in principle the Site Plan drawings and draft Conditions of Site Plan Approval listed in Attachment 10 to the report (February 16, 2010) from the Director, Community Planning, North York District, subject to stylistic and technical changes.

7.         City Council direct that prior to the Director, Community Planning, North York District issuing the Notice of Site Plan Approval Conditions:

a.         the Chief Corporate Officer will have declared surplus Parts 18, 21 & 23 identified on the November 12, 2008 draft R-Plan by RM Pastushak OLS, having an area of 222 m2 and an offer be invited from the owner, consistent with the offer to settle and in exchange for 284 Maplehurst Avenue, to acquire a strata fee interest in these lands, subject to any infrastructure requirements of the TTC;

b.         the owner shall have completed a Toronto Transit Commission (“TTC”) Level 3 Technical Review of the proposed development as applicable to the particular demolition, excavation and shoring permits applied for and obtain the TTC’s written acknowledgement that the developer has satisfied all of the conditions arising out of the review;

c.         the owner shall have entered into a TTC construction agreement(s);

d.         the owner shall have filed with the City the monetary contribution towards the cost of acquiring lands for completion of planned service roads, in the form of a letter of credit, that may be offset by the costs of connecting the major office development to the subway stations in accordance with the Section 37 Agreement; and

e.         the owner shall have conveyed to the City the lands at 2 and 10 Bonnington Place to the satisfaction of the Executive Director of Technical Services for the North York Centre Service Road.

8.         City Council authorize the Chief Planner or his designate to give Site Plan approval once the final conditions to be satisfied prior to Site Plan Control Approval, including entering into a satisfactory Site Plan Agreement,  have been fulfilled.

9.         City Council direct that if the Owner agrees to take on the role of constructing the Longmore and Maplehurst Park using the Parks & Recreation component of the Development Charges generated through this development application, the Owner shall receive development charge credits for the Park Improvements. The development charges credit shall be the lesser of the Parks & Recreation component of the development charges payable in accordance with the City’s Development Charges By-law and the Owner’s actual cost for the Park Improvements as approved by the General Manager, Parks, Forestry and Recreation. 

10.       City Council direct that Maplehurst Park be excluded from the Design Review Panel process.

The applications propose a mixed use development that includes office, retail and residential uses in 3 linked buildings of 45, 35 and 5 storeys, located on the southeast corner of Yonge Street and Sheppard Avenue East.

The proposed Zoning By-law Amendment implements the Settlement Offer endorsed by Council in May 2009 and Official Plan Amendment 91 adopted by Council and which came into effect on August 19, 2009. The proposed Official Plan Amendment is to allow for an increase in the north tower height from 155 to 160 metres to accommodate a reduced floor plate area of the office tower component.

This report reviews and recommends approval of the amendment to OPA 91, approval of the implementing Zoning By-law Amendment, and approval in principle of the Site Plan Control application.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council amend the former City of North York Zoning By-law 7625 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (February 11, 2010) 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.         Before introducing the necessary Bills to City Council for enactment, City Council require the applicant to enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act.

4.         City Council direct that this approval becomes null and void unless a full and complete site plan application is submitted within six months of the date that this application is approved.

5.         City Council require that the application is subject to the applicant renovating the exterior of the existing building to the satisfaction of the Director, Community Planning, North York District.

6.         City Council direct the appropriate City Officials to incorporate into the Zoning By-law a requirement that traffic control gates be installed at both ends of the one way service driveway, such gates to be card reader operated and maintained in proper working order as a condition of the zoning.

7.         City Council direct that the cash-in-lieu payment for park purposes be applied to improvements to Dell Park.

North York Community Council recommends that:

1.         City Council amend the former City of North York Zoning By-law 7625 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (February 11, 2010) 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.         Before introducing the necessary Bills to City Council for enactment, City Council require the applicant to enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act.

4.         City Council direct that this approval becomes null and void unless a full and complete site plan application is submitted within six months of the date that this application is approved.

5.         City Council require that the application is subject to the applicant renovating the exterior of the existing building to the satisfaction of the Director, Community Planning, North York District.

6.         City Council direct the appropriate City Officials to incorporate into the Zoning By-law a requirement that traffic control gates be installed at both ends of the one way service driveway, such gates to be card reader operated and maintained in proper working order as a condition of the zoning.

7.         City Council direct that the cash-in-lieu payment for park purposes be applied to improvements to Dell Park.

North York Community Council held a statutory public meeting on March 9, 2010, and notice was given in accordance with the Planning Act.

This application was submitted on April 14, 2008 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to amend Zoning By-law 7625 of the former City of North York to permit the expansion of an existing private school with additional classroom space and a three storey student dormitory.  The proposed development provides much needed student amenity space on site and rationalizes servicing and parking areas.  The scale of the proposed building is consistent with existing development on site and along Lawrence Avenue West.  Along Fairholme Avenue, the expansion is set back and screened from adjacent residential uses designated Neighbourhoods.

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

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council amend the Official Plan substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 9 to the report (February 9, 2010) from the Director, Community Planning, North York District.

2.         City Council amend Zoning By-law 7625 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 10 to the report (February 9, 2010) from the Director, Community Planning, North York District.

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

4.         City Council direct that, before introducing the necessary Bills to City Council for enactment, Notice of Site Plan Approval Conditions shall be issued by the Director, Community Planning, North York District.

 5.        City Council grant authority to enter into an agreement with the owner, to the satisfaction of the City Solicitor and pursuant to Section 37 of the Planning Act, whereby the owner  provides a monetary contribution of $50,000.00, to be paid prior to the issuance of the first above-grade building permit, the first priority for which is toward publicly accessible improvements to the athletic field and/or community peace garden at Rene Gordon Public School located at 20 Karen Road, and the second priority for which is toward improvements to Graydon Hall Park.  The disposition of the funds will be determined by the Chief Planner in consultation with the Toronto District School Board, the General Manager, Parks, Forestry and Recreation, and the Ward Councillor.

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 (February 9, 2010) from the Director, Community Planning, North York District.

2.         City Council amend Zoning By-law 7625 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 10 to the report (February 9, 2010) from the Director, Community Planning, North York District.

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

4.         City Council direct that, before introducing the necessary Bills to City Council for enactment, Notice of Site Plan Approval Conditions shall be issued by the Director, Community Planning, North York District.

 5.        City Council grant authority to enter into an agreement with the owner, to the satisfaction of the City Solicitor and pursuant to Section 37 of the Planning Act, whereby the owner  provides a monetary contribution of $50,000.00, to be paid prior to the issuance of the first above-grade building permit, the first priority for which is toward publicly accessible improvements to the athletic field and/or community peace garden at Rene Gordon Public School located at 20 Karen Road, and the second priority for which is toward improvements to Graydon Hall Park.  The disposition of the funds will be determined by the Chief Planner in consultation with the Toronto District School Board, the General Manager, Parks, Forestry and Recreation, and the Ward Councillor.

North York Community Council held a statutory public meeting on March 9, 2010, and notice was given in accordance with the Planning Act.

North York Community Council:

1.         Requested the Chief Planner and Executive Director, in consultation with the General Manager, Parks, Forestry and Recreation and the Chief Building Official, to report directly to City Council for its meeting on March 31 and April 1, 2010, to clarify and verify the calculations in the report (February 9, 2010) from the Director, Community Planning, North York District, on:

a.         estimated Development Charges; and

b.         applicability of the Alternative Parkland Dedication By-law.

This application was made on December 29, 2006 and is not subject to the new provisions of the Planning Act or the City of Toronto Act, 2006.

The application proposes to amend the Official Plan and Zoning By-law to permit a 12-storey, 56-unit residential building on a vacant site located at the northeast corner of Don Mills Road and Graydon Hall Drive. The building includes 51 apartment units on eight floors above a 3-storey podium that incorporates five grade-related units facing Graydon Hall Drive. The top floor of the building will contain indoor and outdoor amenity space.

The proposed redesignation of this site for residential purposes is appropriate. It is compatible with surrounding land uses and consistent with the Apartment Neighbourhoods policies of the Official Plan. It is consistent with the policies and provisions of the Provincial Policy Statement and is in conformity with the Growth Plan.

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

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council amend Zoning By-law No. 7625 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 4 to the report (February 11, 2010) 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.

North York Community Council recommends that:

1.         City Council amend Zoning By-law No. 7625 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 4 to the report (February 11, 2010) 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.

This application was made on March 31, 2009 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to amend the Zoning By-law to permit the existing medical office on a permanent basis. This medical office occupies the ground floor of the southwest wing of the existing apartment building at 10 San Romanoway. The use is compatible with the surrounding neighbourhood. This report reviews and recommends approval of the application to amend the Zoning By-law.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council amend Zoning By-law 438-86 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the report (February 16, 2010) 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 require the community benefits detailed below to be secured in a Section 37 Agreement between the Owner and the City of Toronto, and that Agreement be registered on title to the satisfaction of the City Solicitor, before introducing the necessary Bills to Council for enactment.

4.         City Council require the owner to provide the following facilities, services and matters pursuant to Section 37 of the Planning Act:

a.         Prior to the issuance of any building permit for additional office space above the existing office buildings on site, the Owner make public art contribution of $250,000 in accordance with the Percent for Public Art Program be located on a publicly accessible portion of the site to the satisfaction of the Chief Planner;

b.         Prior to the issuance of any building permit for the retail addition, public access be secured over the open space at the corner of Yonge Street and Eglinton Avenue West and the open space on the roof of the proposed retail addition to the satisfaction of the City Solicitor and Chief Planner;

            c.         A Community Steering Committee to be established, in consultation with the Chief Planner and Executive Director, City Planning, the City's Public Realm Unit, and the local Councillor, to review the Site Plan Application for the subject lands as it relates to the design of the proposed at-grade open space at the corner of Yonge Street and Eglinton Avenue, and to assist with the programming of the open space, at grade and for the rooftop garden, and to assist with the re-location of the public art that is currently located on the square;

d.         Creation of a historical museum on site to acknowledge the importance of North Toronto’s History, through memorative plaques, tiles or pictures; and

e.         A $20,000 contribution be made by RioCan for the purposes of funding community programming, the open space at grade, the rooftop garden and the renovated public garden, to be allocated in consultation with the Community Steering Committee.

5.         City Council require the Owner to obtain a Notice of Approval Conditions from the Director of Community Planning, North York District, prior to the introduction of the necessary Bills to Council.

6.         City Council direct the General Manager, Transportation Services Division, to study the feasibility of expanding the westerly portion of the Yonge Street sidewalk at Eglinton Avenue and the installation of a pedestrian scramble at the time the Eglinton Crosstown LRT becomes operational.

7.         The Chief Planner and Executive Director, City Planning, in consultation with the City's Public Realm Unit, be requested to review and report to the Planning and Growth Management Committee, on opportunities for pedestrian-friendly, civic engagement and community gathering places, both public and private, in the Eglinton-Yonge area.

North York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the report (February 16, 2010) 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 require the community benefits detailed below to be secured in a Section 37 Agreement between the Owner and the City of Toronto, and that Agreement be registered on title to the satisfaction of the City Solicitor, before introducing the necessary Bills to Council for enactment.

4.         City Council require the owner to provide the following facilities, services and matters pursuant to Section 37 of the Planning Act:

a.         Prior to the issuance of any building permit for additional office space above the existing office buildings on site, the Owner make public art contribution of $250,000 in accordance with the Percent for Public Art Program be located on a publicly accessible portion of the site to the satisfaction of the Chief Planner;

b.         Prior to the issuance of any building permit for the retail addition, public access be secured over the open space at the corner of Yonge Street and Eglinton Avenue West and the open space on the roof of the proposed retail addition to the satisfaction of the City Solicitor and Chief Planner;

c.         The creation of a Community Steering Committee to assist with the programming of the open space, at grade and for the rooftop garden, and to assist with the re-location of the public art that is currently located on the square; and

d.         Creation of a historical museum on site to acknowledge the importance of North Toronto’s history.

5.         City Council require the Owner to obtain a Notice of Approval Conditions from the Director of Community Planning, North York District, prior to the introduction of the necessary Bills to Council.

6.         City Council direct the General Manager, Transportation Services Division, to study the feasibility of expanding the westerly portion of the Yonge Street sidewalk at Eglinton Avenue and the installation of a pedestrian scramble at the time the Eglinton Crosstown LRT becomes operational.

This application was made on February 20, 2009 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to amend the existing site-specific zoning by-law (110-68) for 2300 Yonge Street, 20 Eglinton Avenue West, 411 Duplex Avenue and 33 Orchard View Boulevard to permit the construction of a three-storey retail addition at grade and 5 and 7 storey additions to the existing office buildings.  The redevelopment of the site would also include renovations to the existing retail concourse to improve pedestrian connections through the block from Yonge Street and Eglinton Avenue West to Duplex Avenue and Orchard View Boulevard. 

The proposal intensifies office and commercial uses within a one of the City’s four designated Centres on a site with a direct connection to the subway system.  The proposal provides an improved public realm including active building edges and a pedestrian supportive streetscape while continuing to mark the importance of the Yonge-Eglitnon intersection with a improved landscaped open space at grade.

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

City Council on March 31 and April 1, 2010, adopted the following:

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

The owner of 65 Thorncliffe Park Drive submitted an application to the Committee of Adjustment, North York Panel, for permission to allow a portion of the main floor within a rental high-rise apartment building to be used for meeting rooms, recreation space, and daily prayer activities (place of worship).

The renovations had already been undertaken without permits.  Municipal Licensing and Standards staff issued a Notice of Violation to the owner of 65 Thorncliffe Park Drive.  The Notice refers to use of the space as a “place of worship”, a use not permitted in the By-law unless within a dedicated building.

Variances were requested to permit approximately 576 square metres (6,200 square feet) within a residential high-rise building to be used for meeting rooms, recreation space, and daily prayer activities (place of worship).

In order to accommodate the place of worship, the applicant has converted an existing locker storage area.   This conversion does not reflect the general purpose and intent of the Zoning By-law and is not minor as it proposes the addition of a use not contemplated in the manner proposed.  The conversion has created issues regarding potential impacts such as noise and on-site parking requirements as well as the loss of locker storage space for residents.

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.

Community Council is requesting representation at the Ontario Municipal Board hearing.