City Council on May 11 and 12, 2010, adopted the following:

1.         City Council enact the Draft By-law to permanently close a portion of Highview Avenue between 175 and 179 Downsview Avenue.

North York Community Council recommends that:

1.         City Council enact the Draft By-law to permanently close a portion of Highview Avenue between 175 and 179 Downsview Avenue.

To enact By-law to permanently close a portion of Highview Avenue between 175 and 179 Downsview Avenue.

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council deny the request for a permit to remove one (1) privately-owned tree at 12 Aldershot Crescent.

North York Community Council recommends that:

1.         City Council deny the request for a permit to remove one (1) privately-owned tree at 12 Aldershot Crescent.

The report requests that City Council deny the request to remove a privately-owned tree, located at 12 Aldershot Crescent. The applicant is proposing to build a new house on the subject property.

The tree in question is a 100 cm diameter silver maple tree in fair condition. With proper care and maintenance, the tree should continue to provide benefits to the community for many years, and should be included in any redevelopment plans for this property. Urban Forestry cannot support removal of this tree due to its viable condition.

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council exempt the applicant from the former City of North York Zoning By-law 7625 requirement of twelve (12) parking spaces at 1959 Avenue Road, subject to payment in-lieu for seven (7) parking spaces and the provision of one on-site parking space.

2.         City Council approve that the applicant enter into an agreement with the City of Toronto for the payment in-lieu of seven (7) parking spaces, based upon the proposed additional gross floor area (GFA), which in this case amounts to $17,500.00. 

North York Community Council recommends that:

1.         City Council exempt the applicant from the former City of North York Zoning By-law 7625 requirement of twelve (12) parking spaces at 1959 Avenue Road, subject to payment in-lieu for seven (7) parking spaces and the provision of one on-site parking space.

2.         City Council approve that the applicant enter into an agreement with the City of Toronto for the payment in-lieu of seven (7) parking spaces, based upon the proposed additional gross floor area (GFA), which in this case amounts to $17,500.00. 

To seek Council’s approval to exempt the applicant from the former City of North York Zoning By-law 7625 requirement of twelve (12) parking spaces to permit the 2nd floor expansion of the existing restaurant, whereas one (1) parking space can be provided on-site.

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council exempt the applicant from the former City of Toronto Zoning By-law 438-86 requirement of 87 parking spaces at 3362-3370 Yonge Street, subject to payment-in-lieu for 16 parking spaces.

2.         City Council approve that the applicant enter into an agreement with the City of Toronto for the payment-in-lieu of 16 parking spaces, based upon the proposed additional Gross Floor Area (GFA), which in this case amounts to $560,000.00 in accordance with the Payment-In-Lieu of Parking policy (Category 3), which stipulates a payment of $5,000.00 per space plus an additional payment of five times the land value per m².

3.         City Council request the appropriate City Officials to take whatever action is necessary to give effect thereto, including the introduction in Council of any bills that may be required. 

North York Community Council recommends that:

1.         City Council exempt the applicant from the former City of Toronto Zoning By-law 438-86 requirement of 87 parking spaces at 3362-3370 Yonge Street, subject to payment-in-lieu for 16 parking spaces.

2.         City Council approve that the applicant enter into an agreement with the City of Toronto for the payment-in-lieu of 16 parking spaces, based upon the proposed additional Gross Floor Area (GFA), which in this case amounts to $560,000.00 in accordance with the Payment-In-Lieu of Parking policy (Category 3), which stipulates a payment of $5,000.00 per space plus an additional payment of five times the land value per m².

3.         City Council request the appropriate City Officials to take whatever action is necessary to give effect thereto, including the introduction in Council of any bills that may be required. 

To seek Council’s approval to exempt the applicant from the former City of Toronto Zoning By-law 438-86 requirement of 87 parking spaces to permit the construction of a new three-storey retail commercial and medical office building, whereas 0 parking spaces can be provided on site.

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council approve the installation of traffic control signals at the intersection of Sheppard Avenue West and Magellan Drive.

North York Community Council recommends that:

1.         City Council approve the installation of traffic control signals at the intersection of Sheppard Avenue West and Magellan Drive.

The purpose of this report is to deny the request for the installation of traffic control signal or a pedestrian crossover at the intersection of Sheppard Avenue West and Magellan Drive.

The existing traffic and roadway conditions do not warrant the introduction of traffic control signal or a pedestrian crossover at the above noted intersection.

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council permanently close the east section of Westgate Boulevard, shown as Part 1 on the attached Sketch No. PS-2009-047 (the “Highway”) to the report (March 25, 2010) from the Director, Transportation Services Division, North York District, subject to compliance with the requirements of the City of Toronto Municipal Code Chapter 162.

2.         City Council authorize Transportation Services Division staff to give notice to the public of a proposed by-law to close the Highway in accordance with the requirements of the 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 draft by-law.

3.         City Council authorize Transportation Services Division 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’s website 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.

North York Community Council recommends that:

1.         City Council permanently close the east section of Westgate Boulevard, shown as Part 1 on the attached Sketch No. PS-2009-047 (the “Highway”) to the report (March 25, 2010) from the Director, Transportation Services Division, North York District, subject to compliance with the requirements of the City of Toronto Municipal Code Chapter 162.

2.         City Council authorize Transportation Services Division staff to give notice to the public of a proposed by-law to close the Highway in accordance with the requirements of the 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 draft by-law.

3.         City Council authorize Transportation Services Division 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’s website 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.

Transportation Services Division has received a request from Toronto Water to investigate the feasibility of closing the easterly portion of the untravelled Westgate Boulevard, located north of Highway 401 and east of Bathurst Street. Toronto Water is requesting this portion of the highway to form part of the storm water management lands in the West Don River Valley.

Transportation Services Division recommends that the east section of Westgate Boulevard, shown as Part 1 on the attached Sketch No. PS-2009-047, be permanently closed.

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council sanction and grant the Community Festival Permit for the Cultural and Wine Festival to Cypriot Community of Toronto Inc., subject to the following terms and conditions:

a.         Section 3.2 (f) of the former Borough of East York By-law No. 67-95 regarding security provisions to the Community Festival Permit be waived provided that the Cypriot Community of Toronto Inc. provides approximately five to ten security officers from their membership who will oversee the security for the Cultural and Wine Festival;

b.         the applicant shall be responsible for arranging the private collection and disposal of all waste generated from the Cultural and Wine Festival;

c.         where the festival takes place outdoors, the applicant shall ensure that adequate containers are provided to control litter and that the containers are emptied on a regular basis to ensure that litter does not become a problem on the permitted or surrounding properties;

d.         for any portion of the event to be held outdoors, the applicant shall ensure that there is provision of barriers for liquor control, portable washrooms and increased security;

e.         the applicant comply with the following requirements of  Toronto Building, North York District:

i.          drawings in duplicate must be submitted to Toronto Building Division, North York District, North York Civic Centre, 5100 Yonge Street and a building permit must be obtained, for the installation of any tents and the construction of the stage for the orchestra, prior to the actual installation/construction; as for the stage, a building permit would be required if the stage is more than 2 feet above adjacent ground and is more than 10 m² in area;

ii.         drawings must indicate the size and location of the tent with distances from the property lines and other buildings;

iii.        details of the tent and its material must be submitted, as per Attachment 1 to the report (April 8, 2010) from the City Clerk;

iv.        the drawings must also show the size of the stage platform, the structural framing and its support, steps, guards and handrails; and

v.         a qualified professional engineer and/or a qualified designer may be required to provide the design, as per Attachment 1 to the report (April 8, 2010) from the City Clerk;

f.          the applicant comply with the following requirements of the Municipal Licensing & Standards Division, North York District:

i.          the sound emitted from any equipment shall not exceed an equivalent sound level (Leq) of 85 dBA when measured 20 metres from the source over a five minute period;

ii.         where the sound level exceeds 85 dBA, the applicant shall comply with any request made by an officer of the Toronto Police Service or a Municipal Standards Officer of the Municipal Licensing & Standards Division with respect to the volume of sound from the equipment to ensure compliance with Toronto Municipal Code, Chapter 591 – Noise, subsection D(1);

iii.        no sound other than the equipment approved under the permit shall be used by the applicant;

iv.        the event or activity shall be restricted to the approved location;

v.         the permission granted is for the date and times for the event or activity as set out in the permit; and

vi.        the Executive Director, Municipal Licensing and Standards Division, grant an exemption to the Toronto Municipal Code, Chapter 591 – Noise, to permit the amplification of sound or playing of music until 2:00 a.m. on June 20, 2010; and 1:00 a.m. on June 21, 2010, on the basis that no complaints have been received by Municipal Licensing and Standards on past events;

g.         the applicant comply with the following requirements of Fire Prevention, Toronto Fire Services:

i.          no open flames (candles, food warmers, etc.) to be used inside the tent(s) and/or marquis;

ii.         one 3A, 10BC rated ULC Listed portable fire extinguisher is to be provided near the BBQ area;

iii.        if the BBQ is to be located under a canopy, the canopy is to be of non combustible material; and

iv.        all fire department access routes to the building and to temporary tents/marquis are to be maintained clear and available for emergency vehicle access at all times; and

h.         the applicant comply with the requirements of Toronto Public Health, as part of their Special Events package, to ensure that the event organizer and food vendors comply with all requirements of the Ontario Food Premises Regulation (O. Reg 562 as amended), and that an onsite inspection by Toronto Public Health staff will be conducted on the days of the event (June 19 and 20, 2010).

North York Community Council recommends that:

1.         City Council sanction and grant the Community Festival Permit for the Cultural and Wine Festival to Cypriot Community of Toronto Inc., subject to the following terms and conditions:

a.         Section 3.2 (f) of the former Borough of East York By-law No. 67-95 regarding security provisions to the Community Festival Permit be waived provided that the Cypriot Community of Toronto Inc. provides approximately five to ten security officers from their membership who will oversee the security for the Cultural and Wine Festival;

b.         the applicant shall be responsible for arranging the private collection and disposal of all waste generated from the Cultural and Wine Festival;

c.         where the festival takes place outdoors, the applicant shall ensure that adequate containers are provided to control litter and that the containers are emptied on a regular basis to ensure that litter does not become a problem on the permitted or surrounding properties;

d.         for any portion of the event to be held outdoors, the applicant shall ensure that there is provision of barriers for liquor control, portable washrooms and increased security;

e.         the applicant comply with the following requirements of  Toronto Building, North York District:

i.          drawings in duplicate must be submitted to Toronto Building Division, North York District, North York Civic Centre, 5100 Yonge Street and a building permit must be obtained, for the installation of any tents and the construction of the stage for the orchestra, prior to the actual installation/construction; as for the stage, a building permit would be required if the stage is more than 2 feet above adjacent ground and is more than 10 m² in area;

ii.         drawings must indicate the size and location of the tent with distances from the property lines and other buildings;

iii.        details of the tent and its material must be submitted, as per Attachment 1 to the report (April 8, 2010) from the City Clerk;

iv.        the drawings must also show the size of the stage platform, the structural framing and its support, steps, guards and handrails; and

v.         a qualified professional engineer and/or a qualified designer may be required to provide the design, as per Attachment 1 to the report (April 8, 2010) from the City Clerk;

f.          the applicant comply with the following requirements of the Municipal Licensing & Standards Division, North York District:

i.          the sound emitted from any equipment shall not exceed an equivalent sound level (Leq) of 85 dBA when measured 20 metres from the source over a five minute period;

ii.         where the sound level exceeds 85 dBA, the applicant shall comply with any request made by an officer of the Toronto Police Service or a Municipal Standards Officer of the Municipal Licensing & Standards Division with respect to the volume of sound from the equipment to ensure compliance with Toronto Municipal Code, Chapter 591 – Noise, subsection D(1);

iii.        no sound other than the equipment approved under the permit shall be used by the applicant;

iv.        the event or activity shall be restricted to the approved location;

v.         the permission granted is for the date and times for the event or activity as set out in the permit; and

vi.        the Executive Director, Municipal Licensing and Standards Division, grant an exemption to the Toronto Municipal Code, Chapter 591 – Noise, to permit the amplification of sound or playing of music until 2:00 a.m. on June 20, 2010; and 1:00 a.m. on June 21, 2010, on the basis that no complaints have been received by Municipal Licensing and Standards on past events;

g.         the applicant comply with the following requirements of Fire Prevention, Toronto Fire Services:

i.          no open flames (candles, food warmers, etc.) to be used inside the tent(s) and/or marquis;

ii.         one 3A, 10BC rated ULC Listed portable fire extinguisher is to be provided near the BBQ area;

iii.        if the BBQ is to be located under a canopy, the canopy is to be of non combustible material; and

iv.        all fire department access routes to the building and to temporary tents/marquis are to be maintained clear and available for emergency vehicle access at all times; and

h.         the applicant comply with the requirements of Toronto Public Health, as part of their Special Events package, to ensure that the event organizer and food vendors comply with all requirements of the Ontario Food Premises Regulation (O. Reg 562 as amended), and that an onsite inspection by Toronto Public Health staff will be conducted on the days of the event (June 19 and 20, 2010).

North York Community Council:

1.         For liquor licensing purposes, declared the following to be an event of Municipal Significance:

a.         The Cultural and Wine Festival to be held on Saturday, June 19, 2010 and Sunday, June 20, 2010, and hosted by the Cypriot Community of Toronto Inc.

A Community Festival Permit Application from the Cypriot Community of Toronto Inc. was received by the City Clerk’s North York Office regarding a proposed Cultural and Wine Festival to be held at 6 Thorncliffe Park Drive on June 19 and 20, 2010.

The purpose of the event is to raise funds for the Cypriot community.

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council, for liquor licensing purposes, advise the Alcohol and Gaming Commission of Ontario that it has no objection to the request for an extension of an existing liquor licence, from Harmik Ghalustians, Manager, Armenian Community Centre, for the 14th Annual ACC (Armenian Community Centre) Summerfest, an outdoor function, to be held on Friday, July 9, 2010 from 5:00 p.m. to 2:00 a.m.; Saturday, July 10, 2010 from 4:00 p.m. to 2:00 a.m.; and Sunday, July 11, 2010 from 5:00 p.m. to 1:00 a.m., at 50 Hallcrown Place, which has been designated by the North York Community Council as an event of municipal significance.

North York Community Council recommends that:

1.         City Council, for liquor licensing purposes, advise the Alcohol and Gaming Commission of Ontario that it has no objection to the request for an extension of an existing liquor licence, from Harmik Ghalustians, Manager, Armenian Community Centre, for the 14th Annual ACC (Armenian Community Centre) Summerfest, an outdoor function, to be held on Friday, July 9, 2010 from 5:00 p.m. to 2:00 a.m.; Saturday, July 10, 2010 from 4:00 p.m. to 2:00 a.m.; and Sunday, July 11, 2010 from 5:00 p.m. to 1:00 a.m., at 50 Hallcrown Place, which has been designated by the North York Community Council as an event of municipal significance.

North York Community Council:

1.         For liquor licensing purposes, declared the following to be an event of Municipal Significance:

a.         the 14th Annual ACC (Armenian Community Centre) Summerfest to be held on Friday, July 9, 2010 from 5:00 p.m. to 2:00 a.m.; Saturday, July 10, 2010 from 4:00 p.m. to 2:00 a.m.; and Sunday, July 11, 2010 from 5:00 p.m. to 1:00 a.m., at 50 Hallcrown Place.

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council accept the Offer to Purchase from 2150888 Ontario Ltd. to purchase the City-owned parcel of vacant land, municipally known as 513 Hounslow Avenue, shown as Part 1 on Sketch No. PS-2009-101, being Part of Lot 165 on Plan 2057, designated as Part 3 on Reference Plan 66R-22475, which was formerly Part 8 on Reference Plan 64R-1480 (the “Property”), in the amount of $319,900.00, substantially on the terms and conditions outlined in Appendix “A” to the report (April 7, 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 approve, as the approving authority under the provisions of the Expropriations Act, the disposal of the Property without giving the original owners from whom the Property was expropriated the first chance to repurchase the Property.

4.         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.

5.         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 2150888 Ontario Ltd. to purchase the City-owned parcel of vacant land, municipally known as 513 Hounslow Avenue, shown as Part 1 on Sketch No. PS-2009-101, being Part of Lot 165 on Plan 2057, designated as Part 3 on Reference Plan 66R-22475, which was formerly Part 8 on Reference Plan 64R-1480 (the “Property”), in the amount of $319,900.00, substantially on the terms and conditions outlined in Appendix “A” to the report (April 7, 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 approve, as the approving authority under the provisions of the Expropriations Act, the disposal of the Property without giving the original owners from whom the Property was expropriated the first chance to repurchase the Property.

4.         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.

5.         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 513 Hounslow Avenue.

The property was listed for sale on the open market, and the Offer to Purchase in the amount of $319,900.00 from 2150888 Ontario Ltd. is being recommended for acceptance by the City, substantially on the terms and conditions outlined in Appendix “A” to this report.

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

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council direct the City Clerk to notify the Town of Markham and the Region of York of the City Council comments regarding the application to amend the Official Plan of the Town of Markham at 2900 Steeles Avenue East at Don Mills Road in the Town of Markham as set out in Recommendation Nos. 2, 3, 4, 5, 6 and 7 of the report (April 6, 2010) from the Director, Community Planning, North York District, in response to the Public Meeting under the Planning Act scheduled for May 4, 2010.

2.         City Council advise the Town of Markham that the subject application should be amended to:

a.         reduce the proposed gross density on the site to a maximum of 1.0 times coverage and a maximum of 400 residential units and no increase in this density shall be permitted until construction has begun on the Don Mills LRT or similar major public transportation improvements;

b.         redistribute development and the mix of uses over the entire subject site so that more of the development is closer to transit services and better defines and frames Steeles Avenue and Don Mills Road;

c.         reduce the maximum height of all building to no more than 6 storeys, the height of the neighbouring residential buildings to the south; and

d.         reflect a built form where the buildings fronting onto Steeles Ave. E., Don Mills Road and along the north property line have a one or two storey podium at grade and be tiered away from the perimeter of the development to minimize the impact on the lands in Toronto designated Neighbourhoods located south of Steeles Avenue East and the neighbouring residential communities to the west and north of the site.

3.         City Council advise the Town of Markham that Steeles Avenue East in this location has been identified for streetscape improvements including maximizing the landscaping opportunities on the existing median and any negotiations regarding Section 37 of the Planning Act related to this development should include consideration of the use of such funds for Steeles Avenue streetscape improvements.

4.         City Council request the Town of Markham to secure the parcel of lands located at the northwest corner of the property, “Future Building G” – phase 7, as parklands.

5.         City Council request the Town of Markham to have the storm water drainage plan amended as the Functional Servicing Report depicts approximately 65% of this entire developments storm water be discharged into the existing City of Toronto storm sewer.  The City of Toronto has identified this area as a problematic area subject to flooding.  Many homes in this area were flooded in the August, 2005 storm.  The drainage plan shall be amended to not permit storm water from those major events to travel to the south, and shall be contained on the site.

6.         City Council advise the Town of Markham that:

a.         this area is prone to flooding.  The Functional Servicing Report depicts the removal of the two existing storm service connections on Steeles Ave., and the installation of two new storm connections to the City of Toronto storm sewer.  City staff do not have the authority to approve the installations of new service connections to accommodate development outside of the limits of the City of Toronto; and

b.         as the York Durham Sewer System (YDSS), the sanitary sewer system, currently has capacity constrains and the Shops on Steeles Avenue do not have allocation for the proposed additional residential development,  the residential portion of this plan should not proceed until this site has been allocated sufficient servicing allocation from the YDSS.   No sewer installations or modifications of any kind shall be permitted within the Steeles Ave. corridor for this development.

7.         City Council request the Town of Markham to request that the applicant provide further information to the City of Toronto on:

a.         the Traffic Impact Study and addendum dated August 2009 as contained in the Technical Services letter dated November 2, 2009 and contained in Attachment No. 7 to the report (April 6, 2010) from the Director, Community Planning, North York District; and

b.         the Functional Servicing Report and addendum dated August 2009 as contained in the Technical Services letter dated November 2, 2009 and contained in Attachment No.7 to the report (April 6, 2010) from the Director, Community Planning, North York District.

8.         City Council direct Planning Staff to report to North York Community Council on any further revisions to the subject application.

North York Community Council recommends that:

1.         City Council direct the City Clerk to notify the Town of Markham and the Region of York of the City Council comments regarding the application to amend the Official Plan of the Town of Markham at 2900 Steeles Avenue East at Don Mills Road in the Town of Markham as set out in Recommendation Nos. 2, 3, 4, 5, 6 and 7 of the report (April 6, 2010) from the Director, Community Planning, North York District, in response to the Public Meeting under the Planning Act scheduled for May 4, 2010.

2.         City Council advise the Town of Markham that the subject application should be amended to:

a.         reduce the proposed gross density on the site to a maximum of 1.0 times coverage and a maximum of 400 residential units and no increase in this density shall be permitted until construction has begun on the Don Mills LRT or similar major public transportation improvements;

b.         redistribute development and the mix of uses over the entire subject site so that more of the development is closer to transit services and better defines and frames Steeles Avenue and Don Mills Road;

c.         reduce the maximum height of all building to no more than 6 storeys, the height of the neighbouring residential buildings to the south; and

d.         reflect a built form where the buildings fronting onto Steeles Ave. E., Don Mills Road and along the north property line have a one or two storey podium at grade and be tiered away from the perimeter of the development to minimize the impact on the lands in Toronto designated Neighbourhoods located south of Steeles Avenue East and the neighbouring residential communities to the west and north of the site.

3.         City Council advise the Town of Markham that Steeles Avenue East in this location has been identified for streetscape improvements including maximizing the landscaping opportunities on the existing median and any negotiations regarding Section 37 of the Planning Act related to this development should include consideration of the use of such funds for Steeles Avenue streetscape improvements.

4.         City Council request the Town of Markham to secure the parcel of lands located at the northwest corner of the property, “Future Building G” – phase 7, as parklands.

5.         City Council request the Town of Markham to have the storm water drainage plan amended as the Functional Servicing Report depicts approximately 65% of this entire developments storm water be discharged into the existing City of Toronto storm sewer.  The City of Toronto has identified this area as a problematic area subject to flooding.  Many homes in this area were flooded in the August, 2005 storm.  The drainage plan shall be amended to not permit storm water from those major events to travel to the south, and shall be contained on the site.

6.         City Council advise the Town of Markham that:

a.         this area is prone to flooding.  The Functional Servicing Report depicts the removal of the two existing storm service connections on Steeles Ave., and the installation of two new storm connections to the City of Toronto storm sewer.  City staff do not have the authority to approve the installations of new service connections to accommodate development outside of the limits of the City of Toronto; and

b.         as the York Durham Sewer System (YDSS), the sanitary sewer system, currently has capacity constrains and the Shops on Steeles Avenue do not have allocation for the proposed additional residential development,  the residential portion of this plan should not proceed until this site has been allocated sufficient servicing allocation from the YDSS.   No sewer installations or modifications of any kind shall be permitted within the Steeles Ave. corridor for this development.

7.         City Council request the Town of Markham to request that the applicant provide further information to the City of Toronto on:

a.         the Traffic Impact Study and addendum dated August 2009 as contained in the Technical Services letter dated November 2, 2009 and contained in Attachment No. 7 to the report (April 6, 2010) from the Director, Community Planning, North York District; and

b.         the Functional Servicing Report and addendum dated August 2009 as contained in the Technical Services letter dated November 2, 2009 and contained in Attachment No.7 to the report (April 6, 2010) from the Director, Community Planning, North York District.

8.         City Council direct Planning Staff to report to North York Community Council on any further revisions to the subject application.

In October 2007 the Town of Markham received an application to amend the Markham Official Plan followed in March 2008 by an application for a zoning by-law amendment to permit the redevelopment of the property known as the Shops on Steeles.  The subject property is located at 2900 Steeles Avenue East at the northeast corner of Steeles Avenue and Don Mills Road adjacent to Highway 404. The applications propose a mixed use development with retail, restaurant and office uses and 1,787 residential units at a total FSI of 2.5.   The Town of Markham has circulated the applications to the City of Toronto for comments as the subject property abuts the Toronto - Markham municipal boundary at Steeles Avenue East.  The Town of Markham has scheduled a Public Meeting under the Planning Act for the Official Plan Amendment application on May 4, 2010. This report recommends that City Council notify the Town of Markham of comments in this report respecting this application as contained in Recommendation No. 1.

City Council on May 11 and 12, 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 (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 amendment:

a.         That the parking ratios at the existing rental buildings remain as at present.

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 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 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 private 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;

d.         the owner agrees to provide to the City a financial contribution of $700,000, 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 for Buildings I, J, K, E and F in Phases 2 and 3, 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.          a public art contribution of $250,000, 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 require 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 to the report (October 8, 2009) from the Director, Community Planning, North York District, subject to:

a.         the conditions as generally listed in Attachment 11 to the report (October 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 subdivision for registration; and

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.

7.         City Council require that the indoor amenity space for Phase I of the development be 1.5 m² per unit.

8.         City Council direct that prior to the construction of Phase II, the City Planning Division shall, at the expense of the applicant, undertake a review of the existing rental buildings and the occupancy of Phase I buildings (excluding the seniors building) to determine the number of units that are occupied by university students.

9.         City Council direct that the number of m² of indoor amenity above 1.5 m² per dwelling unit for Phase II shall be determined by this review in order to ensure that amenities of the type that can provide study and recreation facilities suitable for students are included in Phase II.

10.       City Council direct that should it be found that there are a significant number of students, Phase II amenity space ratio shall be increased up to 2.5 m² per dwelling unit to accommodate students in Phase I and the rental buildings as well as the anticipated university occupants of Phase II.

11.       City Council direct that approvals for on-site tree replacement and planting shall be subject to a report from Urban Forestry to be considered by the North York Community Council.

12.       City Council authorize the City Solicitor and any necessary witnesses to attend at the Ontario Municipal Board to support the decision of Council.

13.       City Council receive for information, the supplementary report (May 10, 2010) from the City Solicitor, and direct that Confidential Attachments 1 and 2 to the report remain confidential in their entirety, in accordance with the provisions of the City of Toronto Act, 2006, as they relate to litigation or potential litigation that affects the City or one of its agencies, boards and commissions, and contain advice or communications that are subject to solicitor-client privilege.

Confidential Attachments 1 and 2 to the report (May 10, 2010) from the City Solicitor remains confidential in their entirety, in accordance with the provisions of the City of Toronto Act, 2006, as they relates to litigation or potential litigation that affects the City or one of its agencies, boards and commissions, and contain advice or communications that are subject to solicitor-client privilege.

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 amendment:

a.         That the parking ratios at the existing rental buildings remain as at present.

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 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 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 private 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;

d.         the owner agrees to provide to the City a financial contribution of $700,000, 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 for Buildings I, J, K, E and F in Phases 2 and 3, 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.          a public art contribution of $250,000, 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 require 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 to the report (October 8, 2009) from the Director, Community Planning, North York District, subject to:

a.         the conditions as generally listed in Attachment 11 to the report (October 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 subdivision for registration; and

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.

7.         City Council require that the indoor amenity space for Phase I of the development be 1.5 m² per unit.

8.         City Council direct that prior to the construction of Phase II, the City Planning Division shall, at the expense of the applicant, undertake a review of the existing rental buildings and the occupancy of Phase I buildings (excluding the seniors building) to determine the number of units that are occupied by university students.

9.         City Council direct that the number of m² of indoor amenity above 1.5 m² per dwelling unit for Phase II shall be determined by this review in order to ensure that amenities of the type that can provide study and recreation facilities suitable for students are included in Phase II.

10.       City Council direct that should it be found that there are a significant number of students, Phase II amenity space ratio shall be increased up to 2.5 m² per dwelling unit to accommodate students in Phase I and the rental buildings as well as the anticipated university occupants of Phase II.

11.       City Council direct that approvals for on-site tree replacement and planting shall be subject to a report from Urban Forestry to be considered by the North York Community Council.

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.

On January 27, 2010 City Council referred these applications back to the North York Community Council and requested the Chief Planner and Executive Director, City Planning to report back on additional matters.  This report advises that staff will report back on these matters when the review is completed.

An October 8, 2009 report from the Director, Community Planning, North York District recommended approval of Official Plan and Zoning By-law amendments and a Draft Plan of Subdivision for these lands.  On March 9, 2010 North York Community Council deferred these applications to allow the Chief Planner and Executive Director, City Planning Division to report as directed by City Council on additional matters.  On February 10, 2010 the applicant appealed these applications to the OMB and a hearing has now been scheduled to commence on June 21, 2010.  This report addresses Council’s direction.

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council authorize the City Solicitor to appear before the Ontario Municipal Board in support of the rezoning application in its current form.

2.         City Council authorize the City Solicitor to appear before the Ontario Municipal Board and support the applicant’s request to revise the Draft Plan of Subdivision Approval previously issued by the Board for the subject lands.  The revised Draft Plan of Subdivision is illustrated in Attachment 1 to the report (April 15, 2010) from the Director, Community Planning, North York District, and is required to implement the following:

a.         the relocation of the commercial block to the intersection of Hucknall Road and Sentinel Road (Block 8);

b.         the provision of 47 residential townhouse units;

c.         the provision and conveyance of a public road (Street ‘A’) through the property from Sentinel Road to Hucknall Road to align with Madron Crescent to the satisfaction of the Executive Director, Technical Services Division;

d.         the provision and conveyance of a pedestrian walkway (Block 9) connecting the new public road to Sentinel Park; and

e.         any reserves or easements that may be required.

3.         City Council endorse the Conditions of Draft Plan of Subdivision Approval presented in Attachment 8 to the report (April 15, 2010) from the Director, Community Planning, North York District, and authorize the City Solicitor to present them to the Ontario Municipal Board and request the Board include them as conditions to its revised Draft Plan of Subdivision Approval.

4.         City Council authorize the City Solicitor to request the Ontario Municipal Board to return the authority for the Final Approval of the Plan of Subdivision back to the City of Toronto.

5.         City Council request the owner to submit an application for Site Plan Control Approval to implement the Zoning By-law Amendment that includes the following:

a.         the deletion of the proposed access to the commercial block from Hucknall Road and its replacement with a continuous sidewalk and boulevard treatment;

b.         the provision of a loading space of adequate size for the commercial building;

c.         the submission of elevation and site plan drawings for the commercial block which develop the northwest elevation of the proposed commercial building as a significant view terminus at the corner of Hucknall Road and Sentinel Road;

d.         the submission of elevation drawings for the proposed townhouse units south of Street ‘A’ that provide appropriate built form relationships with Sentinel Park;

e.         the submission of landscape drawings and details which augment landscaping on the residential lots adjacent to the proposed pedestrian pathway connection to Sentinel Park; and

f.          the submission of landscape drawings which will replace the currently proposed Linden trees and ginko trees with more appropriate tree species for planting within municipal boulevards to the satisfaction of Urban Forestry Services.

North York Community Council recommends that:

1.         City Council authorize the City Solicitor to appear before the Ontario Municipal Board in support of the rezoning application in its current form.

2.         City Council authorize the City Solicitor to appear before the Ontario Municipal Board and support the applicant’s request to revise the Draft Plan of Subdivision Approval previously issued by the Board for the subject lands.  The revised Draft Plan of Subdivision is illustrated in Attachment 1 to the report (April 15, 2010) from the Director, Community Planning, North York District, and is required to implement the following:

a.         the relocation of the commercial block to the intersection of Hucknall Road and Sentinel Road (Block 8);

b.         the provision of 47 residential townhouse units;

c.         the provision and conveyance of a public road (Street ‘A’) through the property from Sentinel Road to Hucknall Road to align with Madron Crescent to the satisfaction of the Executive Director, Technical Services Division;

d.         the provision and conveyance of a pedestrian walkway (Block 9) connecting the new public road to Sentinel Park; and

e.         any reserves or easements that may be required.

3.         City Council endorse the Conditions of Draft Plan of Subdivision Approval presented in Attachment 8 to the report (April 15, 2010) from the Director, Community Planning, North York District, and authorize the City Solicitor to present them to the Ontario Municipal Board and request the Board include them as conditions to its revised Draft Plan of Subdivision Approval.

4.         City Council authorize the City Solicitor to request the Ontario Municipal Board to return the authority for the Final Approval of the Plan of Subdivision back to the City of Toronto.

5.         City Council request the owner to submit an application for Site Plan Control Approval to implement the Zoning By-law Amendment that includes the following:

a.         the deletion of the proposed access to the commercial block from Hucknall Road and its replacement with a continuous sidewalk and boulevard treatment;

b.         the provision of a loading space of adequate size for the commercial building;

c.         the submission of elevation and site plan drawings for the commercial block which develop the northwest elevation of the proposed commercial building as a significant view terminus at the corner of Hucknall Road and Sentinel Road;

d.         the submission of elevation drawings for the proposed townhouse units south of Street ‘A’ that provide appropriate built form relationships with Sentinel Park;

e.         the submission of landscape drawings and details which augment landscaping on the residential lots adjacent to the proposed pedestrian pathway connection to Sentinel Park; and

f.          the submission of landscape drawings which will replace the currently proposed Linden trees and ginko trees with more appropriate tree species for planting within municipal boulevards to the satisfaction of Urban Forestry Services.

This application was made on April 29, 2009 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The application proposes to amend an existing site-specific Zoning By-law for 102-134 Hucknall Road to permit the construction of 47 townhouse units and a single storey commercial building with a floor area of 1,022m2.  The application has been appealed to the Ontario Municipal Board as a decision was not rendered by City Council within the timelines established by the Planning Act.  The purpose of this report is to provide information on the application and seek City Council’s position on the matter for the upcoming Ontario Municipal Board hearing. 

The current proposal increases the amount of commercial space from 560m2 to 1,022m2 and reconfigures the space in a single storey building to allow for larger retail units.  The residential density of the proposal has been reduced by one unit from the approved 48 units.  The residential units are designed with front yard driveways and garages which allow for the provision of rear yards and additional landscaping on site.  Staff are recommending City Council support the application in its current form and direct the City Solicitor to appear before the Ontario Municipal Board accordingly.  Staff also recommend that City Council direct the City Solicitor to support the applicant’s request to have the Municipal Board revise a previously issued Draft Plan of Subdivision approval to reflect the changes required to implement the proposal.

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council amend Zoning By-law 1107-2008(OMB) substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 1 to the report (April 7, 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 authorize the necessary City Officials to give effect to the reallocation of the Section 37 contribution as outlined in the draft Zoning By-law Amendment.

4.         City Council amend the approved 2010 Operating Budget for Transportation Services by adding a one-time increase of $14,000 funded from the Section 37 Agreement related to 1705, 1717, 1719, 1743 and 1745 Avenue Road (source: XR3026-3700260) for special street signs to brand Avenue Road north of Lawrence Avenue as 'The Upper Avenue' as adopted by Council at its meeting of November 30, December 1 and 2, 2009.

5.         City Council amend the approved 2010 Operating Budget for Transportation Services by adding a one-time increase of up to $136,000 to expend any funds not required for renovation of the Armour Heights Community Centre for Public Realm improvements upon the portion of Avenue Road north of Lawrence Avenue as adopted by Council at its meeting of November 30, December 1 and 2, 2009, to be funded from the Section 37 Agreement related to 1705, 1717, 1719, 1743 and 1745 Avenue Road (source: XR 3026-3700260).

6.         City Council direct that such funds not be withdrawn from the Planning Act Reserve Fund (XR3026) until the relevant zoning by-law amendment is in force and the necessary amending Section 37 agreement has been executed and registered.

North York Community Council recommends that:

1.         City Council amend Zoning By-law 1107-2008(OMB) substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 1 to the report (April 7, 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 authorize the necessary City Officials to give effect to the reallocation of the Section 37 contribution as outlined in the draft Zoning By-law Amendment.

North York Community Council held a statutory public meeting on April 27, 2010, and notice was given in accordance with the Planning Act.

North York Community Council:

1.         Directed Parks, Forestry and Recreation staff to meet with the Armour Heights Community Centre to determine the Centre’s needs.

2.         Requested the General Manager, Parks, Forestry and Recreation, to report directly to City Council, for its meeting on May 11 and 12, 2010, on the breakdown of money allocated under the Federal Stimulus program for Armour Heights.

This City-initiated amendment is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This report responds to a request from City Council to amend the site-specific zoning that applies to lands located at 1705, 1717, 1719, 1743 and 1745 Avenue Road. The site is approved for a 6 storey, mixed used apartment building with non-residential uses at grade and 83 residential units above.  This amendment would enable the reallocation of existing Section 37 funds towards special street signs to brand the local area as “The Upper Avenue” and local streetscape improvements and/or local parks and open space improvements as determined by the Chief Planner in consultation with the Ward Councillor.

City Council on May 11 and 12, 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. 7 to the report (April 8, 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 require that the applicant file a tree protection plan to ensure that trees on abutting properties are appropriately protected.

5.         Notwithstanding that this application is exempt from Section 37, City Council accept the offer that the applicant has voluntarily agreed to provide $1,200 for general community improvements and $500 per unit of which shall be used to enhance landscaping and other amenities on or near the site to be determined at the site plan approval stage.

6.         City Council require that the balance of this money will be allocated to community facilities, to be determined by the appropriate City Officials, in consultation with the local Councillor.

7.         City Council require that the City’s TTC transit policy shall be applied to this site and each purchaser shall be provided with one year of transit passes at no cost to the purchaser.

8.         City Council require that trees planted in or near the site shall be supported by an irrigation system.

9.         City Council require that the payment-in-lieu for trees cited in the report (April 8, 2010) from the Director, Community Planning, North York District, shall be used for tree planting in this neighbourhood.

10.         City Council require that a minimum of 5 parking spaces, in addition to the one car-share space, be provided at-grade to serve the retail component of the development.  To satisfy this requirement, City Council authorize 4 boulevard parking spaces to be cut into the McAdam Avenue boulevard at the expense of the applicant and subject to the applicant securing these spaces by way of a payment to the City to be determined by the General Manager, Transportation Services.

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. 7 to the report (April 8, 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 require that the applicant file a tree protection plan to ensure that trees on abutting properties are appropriately protected.

5.         Notwithstanding that this application is exempt from Section 37, City Council accept the offer that the applicant has voluntarily agreed to provide $1,200 for general community improvements and $500 per unit of which shall be used to enhance landscaping and other amenities on or near the site to be determined at the site plan approval stage.

5.         City Council require that the balance of this money will be allocated to community facilities, to be determined by the appropriate City Officials, in consultation with the local Councillor.

6.         City Council require that the City’s TTC transit policy shall be applied to this site and each purchaser shall be provided with one year of transit passes at no cost to the purchaser.

7.         City Council require that trees planted in or near the site shall be supported by an irrigation system.

8.         City Council require that the payment-in-lieu for trees cited in the report (April 8, 2010) from the Director, Community Planning, North York District, shall be used for tree planting in this neighbourhood.

North York Community Council held a statutory public meeting on April 27, 2010, and notice was given in accordance with the Planning Act.

North York Community Council:

1.         Requested the Director, Community Planning, North York District, to report directly to City Council, for its meeting on May 11 and 12, 2010 on how the application can be further adjusted to provide additional surface parking for retail and visitor parking.

This application was submitted on November 24, 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 construction of a 9 storey 83 unit apartment building with grade related retail uses fronting Dufferin Street.  Also proposed are four townhouse units to the rear of the proposed apartment building on the western portion of the site.

The proposal intensifies land along an Avenue in a reasonably scaled mid-rise mixed use building that appropriately transitions to adjacent lands designated Neighbourhoods.  The height, density and scale of the redevelopment is in keeping with the development potential of this segment of Dufferin Street and may proceed prior to the completion of an Avenue Study.

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

City Council on May 11 and 12, 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 (April 9, 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 (April 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 Amendments as may be required.

4.         City Council approve in principle the site plan as indicated on drawing in Attachment 1 to the report (April 9, 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 (April 9, 2010) from the Director, Community Planning, North York District, with the following amendments to the Draft Conditions of Site Plan Approval in Attachment 10:

a.         That as per the applicant’s commitment made in the letter dated April 26, 2010, a new 2.4 metre fence shall be built along the south property line and additional tree planting and shrubbery will be provided upon the abutting properties located at 276, 280 and 284 Bogert Avenue, and that the 2.4 metre fence and additional landscaping shall be added as a condition to the Draft Conditions of Site Plan Approval and a revised landscape plan and appropriate securities shall be secured to the satisfaction of the Director, Community Planning, North York District;

b.         That Condition 1, under the section headed "City Planning", shall now read as follows:

"1.       The owner shall provide final architectural plans of the north, south, east and west elevations with cross sections, at 1:50 scale, to the satisfaction of the Director, Community Planning, North York District, in consultation with the local Councillor, as may be required"; and

c.         That Condition 4, under the section headed, "City Planning" shall now read as follows:

"4.       The owner shall provide a building materials list, landscape plans and lighting plans, to the satisfaction of the Director, Community Planning, North York District, in consultation with the local Councillor, as may be required".

5.         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.

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 (April 9, 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 (April 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 Amendments as may be required.

4.         City Council approve in principle the site plan as indicated on drawing in Attachment 1 to the report (April 9, 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 (April 9, 2010) from the Director, Community Planning, North York District, with the following amendments to the Draft Conditions of Site Plan Approval in Attachment 10:

a.         That as per the applicant’s commitment made in the letter dated April 26, 2010, a new 2.4 metre fence shall be built along the south property line and additional tree planting and shrubbery will be provided upon the abutting properties located at 276, 280 and 284 Bogert Avenue, and that the 2.4 metre fence and additional landscaping shall be added as a condition to the Draft Conditions of Site Plan Approval and a revised landscape plan and appropriate securities shall be secured to the satisfaction of the Director, Community Planning, North York District;

b.         That Condition 1, under the section headed,"City Planning", shall now read as follows:

"1.       The owner shall provide final architectural plans of the north, south, east and west elevations with cross sections, at 1:50 scale, to the satisfaction of the Director, Community Planning, North York District, in consultation with the local Councillor, as may be required"; and

c.         That Condition 4, under the section headed, "City Planning" shall now read as follows:

"4.       The owner shall provide a building materials list, landscape plans and lighting plans, to the satisfaction of the Director, Community Planning, North York District, in consultation with the local Councillor, as may be required".

5.         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.

These applications were submitted on February 25, 2009 and are subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

These applications propose a four storey professional office building with 33 parking spaces on lands located at 275, 277 and 279 Sheppard Avenue West.

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

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council amend Zoning By-law 7625 of the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (April 19, 2010) from the Director, Community Planning, North York District and that the Zoning By-law Amendment shall append a holding symbol “H” to the lands that requires conditions to be met prior to its removal for future development.

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 direct the Chief Planner and Executive Director, City Planning to consider the redesignation of the Provincial Campus from Mixed Use Areas to Institutional Areas within the context of the five-year municipal comprehensive review of the City’s Official Plan.

4.         City Council require the Province to fund and/or provide the identified transportation network/road improvements as outlined in the Technical Services Memorandum dated April 19, 2010 (Attachment 6 to the report dated April 19, 2010 from the Director, Community Planning, North York District), at no cost to the City of Toronto.

5.         City Council require the Province to develop and implement, within 12 months of the enactment of the By-law, in conjunction with City staff and the assistance of a TDM consultant, a TDM strategy/plan that would minimize the impact of the proposed campus’ trip generation and parking by implementing a strategic plan with a focus on multi-modal transportation planning, demand management program, and stakeholder outreach.

6.         City Council require the Province to appoint a permanent full time on-site Transportation Demand Management (TDM) coordinator to manage, monitor and implement the approved TDM strategy for the entire Provincial Campus.

7.         To address the requirement for sustainable transportation impact mitigation measures, including better transit accessibility and connectivity, City Council require the Province to provide $250,000 to the Toronto Transit Commission (TTC) to fund the procurement of a consultant to work with the TTC, City staff and the Province to prepare a feasibility study for a potential bus rapid transit route along:

 i.         Keele Street – from the proposed Finch West and/or Sheppard West subway stations on the Toronto-York Spadina Subway Extension; or

ii.         Wilson Avenue – from the Wilson subway station.

8.         City Council determine that since the applicant is ORC acting on behalf of the Province of Ontario, the City’s standard requirements for indemnification, and financial security in the form of letters of credit and deposits will not be required, but that the following requirements will be imposed on the approval of the Draft Plan of Subdivision for the Provincial Campus, or any related municipal infrastructure or other servicing agreements as may be required by the City:

i.          all development, and any new municipal infrastructure and relocated municipal infrastructure, will be constructed in accordance with the City’s standards;

ii.         enhanced insurance will be provided, to the satisfaction of the City’s Manager of Insurance and Risk Management; and

iii.        future public roads to be shown as Blocks on the Draft Plan of Subdivision, and such Blocks not to be conveyed to and/or assumed by the City until such time as they are constructed, inspected and accepted and the two year maintenance period has expired.

9.         City Council endorse the attached Urban Design Guidelines (Attachment No. 7 to the report dated April 19, 2010 from the Director, Community Planning, North York District) that will be used for reviewing the design of public streets, accessible open spaces and individual Site Plan Control applications.

10.       City Council require the Province to prepare a public art plan costing not less than 1/2 percent for public art excluding Block 2, which represents a 50 percent reduction in the City’s Standard Public Art Contribution Policy, in consultation with City staff which sets out an artist selection process, implementation protocol, installation phasing plan and includes the necessary capital facilities, operating and maintenance budget(s).  The public art plan will be completed prior to the final approval of the Site Plan by the Director, Community Planning, North York District, for the Humber River Regional Hospital.

11.       City Council direct the Chief Planner and Executive Director, City Planning, to consult with appropriate City Divisions and the Province to determine the feasibility of locating a municipal public facility within the Provincial Campus.

12.       City Council determine that the development of the lands at 1201 Wilson Avenue  would not set a precedent for the ‘Avenue’ segment in which it is located, will not adversely impact the adjacent Neighbourhoods and is partially supportable by available infrastructure and therefore can proceed prior to the completion of an Avenue study.

13.       City Council direct that any parking structure located above-ground at 1201 Wilson Avenue shall be subject to design control as permitted under the City of Toronto Act and shall be subject to review by the City's design review panel.

 14.      City Council direct that approval of longer-term development on Blocks 5, 6 and 7 will require a review, by the Province, of the feasibility of establishing a GO Transit station at the intersection of the GO Bradford – Union Station line and Wilson Avenue to serve both this campus and the Bombardier plant.

 15.       City Council direct the Chief Planner and Executive Director, City Planning, to continue discussions with Humber River Regional Hospital, the Province and relevant City Divisions and report directly to the June 8, 2010 meeting of City Council, on the following:

            i.        the request for the additional 60,500 m2 of gross floor area for the hospital site;

  ii.         the request for an additional 150 parking spaces for fleet vehicles on Blocks 5, 6 and 7; and

 iii.       the request by the Province to pay a “proportionate share” of the costs of off-site improvements to the Keele Street/Sheppard Avenue intersection.

 16.      City Council request that the Chief Planner and Executive Director, City Planning, meet directly with representatives of the Humber River Regional Hospital to resolve the outstanding matters and, if necessary, include staff from ORC and other representatives of the Province.

 17.      City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, to report directly to City Council at its meeting of June 8, 2010 on the effects of the Provincial Campus on the transportation network to the south of Highway 401, including an analysis of the transportation network/road improvements necessary to facilitate access to the campus.

North York Community Council recommends that:

1.         City Council amend Zoning By-law 7625 of the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (April 19, 2010) from the Director, Community Planning, North York District and that the Zoning By-law Amendment shall append a holding symbol “H” to the lands that requires conditions to be met prior to its removal for future development.

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 direct the Chief Planner and Executive Director, City Planning to consider the redesignation of the Provincial Campus from Mixed Use Areas to Institutional Areas within the context of the five-year municipal comprehensive review of the City’s Official Plan.

4.         City Council require the Province to fund and/or provide the identified transportation network/road improvements as outlined in the Technical Services Memorandum dated April 19, 2010 (Attachment 6 to the report dated April 19, 2010 from the Director, Community Planning, North York District), at no cost to the City of Toronto.

5.         City Council require the Province to develop and implement, within six months of the enactment of the By-law, in conjunction with City staff and the assistance of a TDM consultant, a TDM strategy/plan that would minimize the impact of the proposed campus’ trip generation and parking by implementing a strategic plan with a focus on multi-modal transportation planning, demand management program, and stakeholder outreach.

6.         City Council require the Province to appoint a permanent full time on-site Transportation Demand Management (TDM) coordinator to manage, monitor and implement the approved TDM strategy for the entire Provincial Campus.

7.         To address the requirement for sustainable transportation impact mitigation measures, including better transit accessibility and connectivity, City Council require the Province to provide $250,000 to the Toronto Transit Commission (TTC) to fund the procurement of a consultant to work with the TTC, City staff and the Province to prepare a feasibility study for a potential bus rapid transit route along:

 i.         Keele Street – from the proposed Finch West and/or Sheppard West subway stations on the Toronto-York Spadina Subway Extension; or

ii.         Wilson Avenue – from the Wilson subway station.

8.         City Council determine that since the applicant is ORC acting on behalf of the Province of Ontario, the City’s standard requirements for indemnification, and financial security in the form of letters of credit and deposits will not be required, but that the following requirements will be imposed on the approval of the Draft Plan of Subdivision for the Provincial Campus, or any related municipal infrastructure or other servicing agreements as may be required by the City:

i.          all development, and any new municipal infrastructure and relocated municipal infrastructure, will be constructed in accordance with the City’s standards;

ii.         enhanced insurance will be provided, to the satisfaction of the City’s Manager of Insurance and Risk Management; and

iii.        future public roads to be shown as Blocks on the Draft Plan of Subdivision, and such Blocks not to be conveyed to and/or assumed by the City until such time as they are constructed, inspected and accepted and the two year maintenance period has expired.

9.         City Council endorse the attached Urban Design Guidelines (Attachment No. 7 to the report dated April 19, 2010 from the Director, Community Planning, North York District) that will be used for reviewing the design of public streets, accessible open spaces and individual Site Plan Control applications.

10.       City Council require the Province to provide public art contributions in accordance with the City’s Percent for Public Art Program for a value not less than one percent of the gross construction cost of all buildings and structures on the lands.  This is to be secured as a condition of the subdivision agreement.

11.       City Council require the Province to develop a Public Art Master Plan for the Provincial Campus and that it be approved by the City’s Toronto Public Art Commission prior to the issuance of the Site Plan Control Agreement for Block 2 (Humber River Regional Hospital).

12.       City Council determine that the development of the lands at 1201 Wilson Avenue  would not set a precedent for the ‘Avenue’ segment in which it is located, will not adversely impact the adjacent Neighbourhoods and is partially supportable by available infrastructure and therefore can proceed prior to the completion of an Avenue study.

North York Community Council held a statutory public meeting on April 27, 2010, and notice was given in accordance with the Planning Act.

North York Community Council:

A.        Referred the following recommendations moved by Councillor Augimeri to the Chief Planner and Executive Director for a report directly to City Council for its meeting on May 11 and 12, 2010:

"That:

1.         North York Community Council revise and amend the Recommendations set out in the Report of the Director, Community Planning, North York District (April 19, 2010) as follows:

a.         That Recommendation 1 be amended to state that: “City Council amend Zoning By-law 7625 of the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 revised as follows:

i.          Maximum Development Section 46.4 be amended to increase the gross floor area of Block 2 (HRRH) from 111,500 m2 to 172,000 m2 so that the Section  reads as follows:

The Maximum gross floor area for each Block shall be as follows:

Block               Maximum Gross Floor Area (m²)

1                                                                      0

2                                                           172,000

3                                                             49,250

4                                                               1,965

5,6,7                                                       70,660

8                                                                     0

Total                                                     293,875

ii.         Parking: Maximum Parking Permissions Section 46.10(iv) be amended to increase the maximum parking permitted on Blocks 5, 6 & 7 from 1,045 to 1,195 to accommodate Ontario Realty Corporation fleet parking requirements and that the Section reads as follows:

“(iv)     Excluding on-street parking, the maximum number of parking spaces on the entire site shall not exceed 3,700 parking spaces as set out below:

Block                           Maximum Parking Spaces

2                                                           2,025

3                                                              350

4                                                              130

5,6,7                                                     1,195

Total                                                     3,700

iii.        Holding Provision: Section 46.12 be amended to increase the total gross floor area permitted on Block 2 from 139,500 m2 to 200,000 m2 so that the Section reads as follows:

“Notwithstanding Subsection 46.4 and subject to removing the holding symbol, the maximum permitted gross floor area on the following blocks is as follows:

Block                    Maximum Gross Floor Area (m²)

2                                                                       200,000

5,6,7                                                                118,960

b.         That Recommendation 4 be amended to read as follows: The Province be required to fund and/or provide the identified transportation network/road improvements as outlined in the Technical Services Memorandum dated April 19, 2010 (Attachment 6), at no cost to the City of Toronto except for the following changes:

i.          Province required to fund its proportionate share of the proposed upgrades to Keele Street/Sheppard Avenue (northbound right turn lane).

c.         That Recommendation 5 be amended to read as follows: “The Province be required to develop and implement, within 12 months of the enactment of the By-law, in conjunction with City staff and with the assistance of a TDM consultant, a TDM strategy/plan that would minimize the impact of the proposed campus trip generation and parking by implementing a strategic plan with a focus on multi-modal transportation planning, demand management program, and stakeholder outreach.

d.         That Recommendation 10 be amended to read as follows: “The Province be required to prepare a public art plan in consultation with City staff which sets the implementation protocol, installation phasing plan and includes the necessary capital facilities, operating and maintenance budget(s).

e.         Discussions continue between City staff and the Province with respect to the burial of the hydro wires both on the site and on Wilson Avenue.

B.        Referred the following recommendations moved by Councillor Moscoe to the Chief Planner and Executive Director for a report directly to City Council at its meeting on May 11 and 12, 2010:

“That:

1.         A design review panel shall be established by the City of Toronto to review and make recommendations with respect to structures and urban features on this site.

2.         Parking structures shall, wherever possible, be located below grade.

3.         Where a parking structure is located above ground, it shall be subject to design control as permitted under the City of Toronto Act and shall be subject to review by the design review panel.

4.         Any design review shall have particular regard to the aspects of structures that present themselves to the surrounding community.

5.         To enhance the connectivity with the surrounding community, the campus shall contain at least one municipal public facility that will serve the surrounding local neighbourhood (for example, consideration might be given to moving the Downsview library onto the site).

6.         The applicant be required to fund a study, commissioned by Transportation Services Division, to determine how revenues from parking can be used to subsidize employee public transit use.

7.         Approval of longer term development on Blocks 5, 6 and 7 will require a review by the Province of the feasibility of establishing a GO Transit station at the intersection of the GO Bradford – Union Station line and Wilson Avenue to service both this campus and the Bombardier plant.

8.         The required park land dedication (2% of office component only) not be satisfied by the transfer of Ridge Park to the ownership of the City, but rather be satisfied by the creation of a new park at a location to be determined through discussions involving City Planning Division, Parks, Forestry and Recreation Division and the local Councillor.”

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

This application proposes to develop the provincially owned lands at 1201 Wilson Avenue as an institutional campus that will be phased over a number of years.   Proposed uses include a hospital, a forensics laboratory, coroner’s complex, an OPP detachment and government offices as shown on “Attachment 1: Concept Plan”.  A total of 309,525 m2 of institutional uses has been proposed by the Province.

This application is an Infrastructure Stimulus Project with a funding commitment from the Provincial Government and has been identified by the City as a “Gold Star” application.  The Forensics Services and Coroners’ Complex and Humber River Regional Hospital are being developed as part of Infrastructure Ontario’s Design, Build, Finance and Maintain model (DBFM) with demanding timelines built into the contract.  Site servicing for the Forensics Services and Coroners’ Complex has commenced and the Humber River Regional Hospital is scheduled to begin construction in the fall of 2011.

The proposal represents a long-term master plan to redevelop the site as a Provincial Campus with major institutional and office uses.  With an existing 2,350 Provincial employees and approximately 6,000 new employees, this campus will become a significant employment generator in northwest Toronto and would provide a range of public service functions.  The new buildings, cycling paths, public spaces and new public roads would modernize the site, provide attractive streetscapes and integrate this Provincial Campus with the neighbourhood.

While the benefits of this proposed Provincial Campus are recognized, staff have concerns related to the ability of the infrastructure in the area to support this level of development.  To address these concerns, a total of 233,375 m2 of institutional uses are proposed to be permitted on these lands, subject to finalizing site servicing matters through the Draft Plan of Subdivision and implementing the Transportation Demand Management (TDM) measures and limiting parking as described in this report.    Future development will be subject to a holding symbol “H” that will require further studies to demonstrate that sufficient site servicing and transportation capacity is available, and that the TDM measures are implemented and effective prior to allowing the remaining 76,150 m2 of development to proceed.

This report reviews and recommends approval of the application to amend the Zoning By-law with a holding provision for future development.

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council enact the Bill in conjunction with the recommendation, which was adopted by the Midtown Community Council on October 23, 2001, to prohibit southbound left turns at any time from Old Yonge Street to York Mills Road.

North York Community Council recommends that:

1.         City Council enact the Bill in conjunction with the recommendation, which was adopted by the Midtown Community Council on October 23, 2001, to prohibit southbound left turns at any time from Old Yonge Street to York Mills Road.

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council authorize the City Solicitor and City Planning staff, and any other staff as required, to attend the Ontario Municipal Board Hearing to uphold the decision of the Committee of Adjustment.

North York Community Council recommends that:

1.         City Council authorize the City Solicitor and City Planning staff, and any other staff as required, to attend the Ontario Municipal Board Hearing to uphold the decision of the Committee of Adjustment.

An application to the Committee of Adjustment, North York Panel, to permit the construction of a two-storey detached dwelling, was Refused by the Committee on April 14, 2010.  The owner sought variances for lot area of 502m2, whereas a minimum lot area of 690m2 is required; a front yard setback of 3.21m to the proposed roof overhand and 3.97m to the proposed dwelling, whereas a minimum setback of 5.25 m is required; and a rear yard setback of 4.8m to the proposed dwelling, whereas 9.5m is required.

The Committee Refused this application.

The lands on which the new dwelling was proposed were part of a park that was located along the rear property lines of the properties fronting onto Owen Boulevard and Gordon Road.  These lands were re-zoned in 1955 from O1 to R3 and were later sold to the abutting homeowners for the enlargement of the lots.  The owner of 58 Gordon Road did not wish to purchase the portion of the park land abutting the property and the whole portion was sold to the owners of 55 Owen Boulevard.

The lands have functioned historically as the rear yard of 55 Owen Boulevard.  While the lot has been created by a change of title, it is not a lot on the original plan of subdivision.

The City’s new Official Plan speaks directly to this issue in Policy 4.1.5 which states:

"Development in established Neighbourhoods will respect and reinforce the existing physical character of the neighbourhood.”

The lot is not in keeping with the character of the surrounding area.  This section of the neighbourhood has a predominantly larger lot character.  The lot is the smallest lot in the area.  These variances are not minor.

As the Councillor representing this community I request Council authorize the City Solicitor and City Planning staff to attend the Ontario Municipal Board Hearing to uphold the decision of the Committee of Adjustment and the wishes of the Community.

A Planning Staff report recommended refusal of this application.

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council authorize the City Solicitor to retain appropriate representation and any other City or agency representation as required and 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 to retain appropriate representation and any other City or agency representation as required and attend the Ontario Municipal Board Hearing to uphold the City’s By-law and the Committee of Adjustment’s decisions.

City Council on May 11 and 12, 2010, adopted the following:

1.         City Council direct the Director of Real Estate Services to discuss the potential of declaring surplus and possible sale of the public laneway between Poyntz Avenue and Bogert Avenue, west of Yonge Street with the owner of the adjacent property.

2.         City Council adopt the Confidential Instructions to Staff contained in the letter (May 3, 2010) from the North York Community Council.

3.         City Council direct that the letter (May 3, 2010) from the North York Community Council remain confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the proposed disposition of City land.

The Confidential instructions contained in the letter (May 3, 2010) from the North York Community Council remain confidential in their entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the proposed disposition of City land.

North York Community Council recommends that:

1.         City Council direct the Director of Real Estate Services to discuss the potential of declaring surplus and possible sale of the public laneway between Poyntz Avenue and Bogert Avenue, west of Yonge Street with the owner of the adjacent property.

2.         City Council adopt the Confidential Instructions to Staff.