City Council on June 8 and 9, 2010, adopted the following:

1.         City Council authorize the refund of the application fee for the fence exemption request for 197 Franklin Avenue.

North York Community Council recommends that:

1.         City Council authorize the refund of the application fee for the fence exemption request for 197 Franklin Avenue.

North York Community Council under delegated authority:

1.         Approved the request for an exemption from the City of Toronto Municipal Code, Chapter 447 – Fences, for 197 Franklin Avenue.

This staff report is about a matter for which the Community Council has delegated authority from City Council to make a final decision, provided that it is not amended so that it varies with City Policy or by-laws.

The subject matter is an application for fence exemption to Chapter 447 of the Toronto Municipal Code - Fences, to permit the use of a glass panel barrier as part of a swimming pool enclosure.

City Council on June 8 and 9, 2010, adopted the following:

1.         City Council direct the City's Legal Division to introduce the appropriate “Road Alterations By-law” to permit the reconfiguration of the intersection as illustrated on Transportation Services, Plan NY-1717B, attached to the report (May 5, 2010) from the Director, Transportation Services Division, North York District.

2.         City Council:

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

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

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

North York Community Council recommends that:

1.         City Council direct the City's Legal Division to introduce the appropriate “Road Alterations By-law” to permit the reconfiguration of the intersection as illustrated on Transportation Services, Plan NY-1717B, attached to the report (May 5, 2010) from the Director, Transportation Services Division, North York District.

2.         City Council, subject to the approval of Recommendation 1:

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

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

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

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

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

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

City Council on June 8 and 9, 2010, adopted the following:

1.         City Council receive the report (April 28, 2010) from the Director, Community Planning, North York Division, for information.

North York Community Council recommends that:

1.         City Council receive the report (April 28, 2010) from the Director, Community Planning, North York Division, for information.

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

City Council on June 8 and 9, 2010, adopted the following:

1.         In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner intends to approve the draft Plan of Common Elements Condominium, as generally illustrated on Attachment 1 to the report (May 3, 2010) from the Director, Community Planning, North York District, subject to:

a.         the conditions as generally listed in Attachment 2 to the report (May 3, 2010) from the Director, Community Planning, North York District, which except as otherwise noted must be fulfilled prior to the release of the plan of condominium for registration;  and

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

2.         City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 225, 227, 229, 233, 235, 237 and 239 Finch Avenue East as generally illustrated on Attachment 3 to the report (May 3, 2010) from the Director, Community Planning, North York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

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

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

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

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

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

North York Community Council recommends that:

1.         In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner intends to approve the draft Plan of Common Elements Condominium, as generally illustrated on Attachment 1 to the report (May 3, 2010) from the Director, Community Planning, North York District, subject to:

a.         the conditions as generally listed in Attachment 2 to the report (May 3, 2010) from the Director, Community Planning, North York District, which except as otherwise noted must be fulfilled prior to the release of the plan of condominium for registration;  and

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

2.         City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 225, 227, 229, 233, 235, 237 and 239 Finch Avenue East as generally illustrated on Attachment 3 to the report (May 3, 2010) from the Director, Community Planning, North York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

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

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

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

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

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

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

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

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

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

City Council on June 8 and 9, 2010, adopted the following:

1.         City Council amend the North York Centre Secondary Plan, substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 11 to the report (April 12, 2010) from the Director, Community Planning, North York District.

2.         City Council amend Zoning By-law 7625, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 12 to the report (April 12, 2010) from the Director, Community Planning, North York District.

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

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

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

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

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

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

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

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

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

vii.       that the public art component be $250,000.00 or ½%, whichever is greater, conditional upon the development project being built as proposed with the “flair design” and if for any reason the “flair design” does not proceed, the public art contribution shall be 1%. 

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

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

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

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

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

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

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

f.          That:

i.          the applicant for the Emerald Park development shall satisfy the required off-site parkland dedication requirements to the satisfaction of the General Manager, Parks, Forestry and Recreation, from a short list of properties identified by Parks staff as being required in the immediate or near future;

ii.         the properties shall be acquired through negotiations with the property owners, failing which the City will assist in their acquisition through a Section 30 agreement or forced expropriation with funding provided by the applicant in the form of a letter of credit to fund the acquisition (including all costs related) on terms and conditions satisfactory to the Director of Real Estate and in a form satisfactory to the City Solicitor;

iii.        City staff be authorized to initiate the expropriation process to acquire the parkland property, conditional on the applicant executing the aforementioned agreement to secure payment of the acquisition or expropriation costs, including serving and publishing Notices of Application for Approval to Expropriate, forwarding to the Chief Inquiry Officer any requests for hearing received, attending at the hearing to present the City’s position, and reporting the Inquiry Officer’s recommendation to Council for its consideration, such expropriation to be at the applicant’s sole cost; and

iv.        the General Manager, Parks, Forestry and Recreation, report to North York Community Council, once the acquisition of necessary properties has been secured by way of agreement, prior to enactment of the by-laws for the Rezoning and Official Plan amendment.

5.         City Council approve in principle the Site Plan drawings and draft Conditions of Site Plan Approval listed in Attachments "13" and "14" to the report (April 12, 2010) from the Director, Community Planning, North York District, subject to stylistic and technical changes.

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

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

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

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

i.          Undertaking Agreement:

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

ii.         Construction Agreement:

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

iii.        Demolition Plans:

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

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

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

iv.        Noise Attenuation and Exhaust Emissions:

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

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

v.         TTC Technical Review:

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

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

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

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

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

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

North York Community Council recommends that:

1.         City Council amend the North York Centre Secondary Plan, substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 11 to the report (April 12, 2010) from the Director, Community Planning, North York District.

2.         City Council amend Zoning By-law 7625, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 12 to the report (April 12, 2010) from the Director, Community Planning, North York District.

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

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

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

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

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

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

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

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

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

vii.       that the public art component be $250,000.00 or ½%, whichever is greater, conditional upon the development project being built as proposed with the “flair design” and if for any reason the “flair design” does not proceed, the public art contribution shall be 1%. 

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

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

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

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

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

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

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

f.          That:

i.          the applicant for the Emerald Park development shall satisfy the required off-site parkland dedication requirements to the satisfaction of the General Manager, Parks, Forestry and Recreation, from a short list of properties identified by Parks staff as being required in the immediate or near future;

ii.         the properties shall be acquired through negotiations with the property owners, failing which the City will assist in their acquisition through a Section 30 agreement or forced expropriation with funding provided by the applicant in the form of a letter of credit to fund the acquisition (including all costs related) on terms and conditions satisfactory to the Director of Real Estate and in a form satisfactory to the City Solicitor;

iii.        City staff be authorized to initiate the expropriation process to acquire the parkland property, conditional on the applicant executing the aforementioned agreement to secure payment of the acquisition or expropriation costs, including serving and publishing Notices of Application for Approval to Expropriate, forwarding to the Chief Inquiry Officer any requests for hearing received, attending at the hearing to present the City’s position, and reporting the Inquiry Officer’s recommendation to Council for its consideration, such expropriation to be at the applicant’s sole cost; and

iv.        the General Manager, Parks, Forestry and Recreation, report to North York Community Council, once the acquisition of necessary properties has been secured by way of agreement, prior to enactment of the by-laws for the Rezoning and Official Plan amendment.

5.         City Council approve in principle the Site Plan drawings and draft Conditions of Site Plan Approval listed in Attachments "13" and "14" to the report (April 12, 2010) from the Director, Community Planning, North York District, subject to stylistic and technical changes.

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

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

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

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

i.          Undertaking Agreement:

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

ii.         Construction Agreement:

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

iii.        Demolition Plans:

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

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

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

iv.        Noise Attenuation and Exhaust Emissions:

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

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

v.         TTC Technical Review:

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

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

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

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

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

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

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

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

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

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

City Council on June 8 and 9, 2010, adopted the following:

1.         City Council authorize the City Solicitor to attend the Ontario Municipal Board Hearing with the assistance of outside planners, if required, to uphold the decision of the Committee of Adjustment.

North York Community Council recommends that:

1.         City Council authorize the City Solicitor to attend the Ontario Municipal Board Hearing with the assistance of outside planners, if required, 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 new two-storey detached dwelling, was refused by the committee on March 17, 2010.  The owner sought variances for Gross Floor Area of 0.62 times the area of the lot, whereas a maximum of 0.35 times the area of the lot is permitted; and an east side lot line setback of 0.54 metres, whereas a minimum of 0.9 metres is required for the portion of the building not exceeding 17 metres in depth and where the side wall contains openings.

The owner has appealed the Committee decision to the Ontario Municipal Board and a hearing is scheduled for June 8, 2010.

A City Planning Staff Report recommended conditional approval stating that: “the proposed gross floor area be reduced to be more in keeping with the character of the neighbourhood, and with the previous Committee decisions”, and “the proposed gross floor area is considered atypical and excessive for this neighbourhood, the intent of the Official Plan and the Zoning By-law is not met”.

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.”

As the local Councillor I request Council authorize the City Solicitor and outside Planning staff, if required, to attend the Ontario Municipal Board Hearing to uphold the decision of the Committee of Adjustment.

City Council on June 8 and 9, 2010, adopted the following:

1.         City Council authorize the City Solicitor and outside Planning assistance, if 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 outside Planning assistance, if 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 new two-storey detached dwelling and a detached garage in the rear yard, was modified by the committee on April 14, 2010. The owner sought variances for Gross Floor Area of 0.56 times the area of the lot, whereas a maximum of 0.35 times the area of the lot is permitted.  The Committee modified this variance to 0.50 times the area of the lot.

The owner has appealed the Committee decision to the Ontario Municipal Board.  No hearing has been scheduled.

Planning staff did not report on this application.

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.”

As the local Councillor I request Council authorize the City Solicitor and outside Planning staff, if required, to attend the Ontario Municipal Board Hearing to uphold the decision of the Committee of Adjustment.