Members of Council and Staff:  Please keep this agenda and the accompanying material until the City Council meeting dealing with these matters has ended.  The City Clerk’s Office will not provide additional copies.

Special Assistance for Members of the Public:  City staff can arrange for special assistance with some advance notice.  If you need special assistance, please call 416-396-7088, TTY 416-338-0889 or e-mail scc@toronto.ca.

Closed Meeting Requirements:  If the Scarborough Community Council wants to meet in closed session (privately), a member of the committee must make a motion to do so and give the reason why the Committee has to meet privately.  (City of Toronto Act, 2006)

Notice to people writing or making presentations to the Scarborough Community Council: The City of Toronto Act, 2006 and the City of Toronto Municipal Code authorize the City of Toronto to collect any personal information in your communication or presentation to City Council or its committees.

The City collects this information to enable it to make informed decisions on the relevant issue(s).  If you are submitting letters, faxes, e-mails, presentations or other communications to the City, you should be aware that your name and the fact that you communicated with the City will become part of the public record and will appear on the City’s website.  The City will also make your communication and any personal information in it – such as your postal address, telephone number or e-mail address – available to the public, unless you expressly request the City to remove it.

The City videotapes committee and community council meetings.  If you make a presentation to a committee or community council, the City will be videotaping you and City staff may make the video tapes available to the public.

If you want to learn more about why and how the City collects your information, write to the City Clerk's Office, Scarborough Civic Centre, 150 Borough Drive, Toronto ON M1P 4N7 or by calling

416-396-7088.

Schedule of Timed Items

9:45 a.m.          -          Item SC37.1, Item SC37.2 and Item SC37.3

1:30 p.m.          -          Item SC37.30 - Item SC37.37

Introduction and Enactment of General Bills and Bill to Confirm the Proceedings of Community Council will be last items.

Declarations of Interest under the Municipal Conflict of Interest Act.

Confirmation of Minutes - June 22, 2010

Speakers/Presentations – A complete list will be distributed at the meeting

The City Solicitor recommends that City Council enact the draft by-law from the City Solicitor, as follows:

1.         The public walkway between 48 and 50 Broadbridge Drive, described as follows, is hereby permanently closed as a public walkway:

Part of PIN 06502-0070 (LT)

Parcel Block 218-1, Section M1983, Block 219, Plan M1983

Designated as Parts 1 and 2 on Reference Plan 66R-24985

City of Toronto

Transportation Services, Scarborough District, recommends that Scarborough Community Council recommends that City Council:

1.         Permanently close part of the public highway Lawrence Avenue East abutting 6520, 6526 and 6530 Lawrence Avenue East (the “Highway”), shown as Part 2 on Sketch No. PS-2010-058 attached as Appendix 2 and enact a by-law substantially in the form of the draft by-law attached as Appendix 1, conditional on the City entering into an agreement with Mattamy (Lawrence) Limited (“Mattamy”) wherein Mattamy agrees to purchase the Highway from the City on terms satisfactory to the City.

The City Surveyor recommends that:

1.         The proposed private lane at 4274 Kingston Road and 165 to 177 Galloway Road, be named “Montoro Lane”.

2.         Galloway Birch Properties Inc. pay the costs, estimated to be $600.00, for the fabrication and installation of street name signs.

3.         The owner and successors of the subject lands maintain, at their own risk, the signage installed under Recommendation 2.

4.         The appropriate City officials be authorized and directed to take the necessary action to give effect thereto, including the introduction of a naming by-law.

The City Solicitor recommends that:

1.         Scarborough Community Council receive this report for information.

Municipal Licensing and Standards, Scarborough District, recommends that Scarborough Community Council:

1.         Refuse the proposed locking mechanism that opens the sliding door only 4 inches and also a coded alarm system installation when the door is opened at 59 Landfair Crescent.

2.         Refuse the installation of a “Protect a Child Pool Fence System” around the perimeter of the pool at 59 Landfair Crescent.

Municipal Licensing and Standards, Scarborough District, recommends that Scarborough Community Council:

1.         Refuse the existing pool enclosure located on City property.

2.         Refuse the existing glass panel enclosure for the existing hot tub.

3.         Refuse the existing swimming pool located on City property.

Transportation Services recommends that Scarborough Community Council:

1.         Approve the application for an encroachment agreement in part for 100 Hollis Avenue as submitted, subject to the following conditions:

a.         The encroachment of the hedge and wood fence at the rear of the yard be approved, subject to sections of the fence and hedge being removed 2.4 metres to the east and 3.4 metres to the south, to provide adequate sight lines at the driveway entrance that leads to the rear garage;

b.         That the owners are required to trim the hedges that surround the property on the City of Toronto Municipal Right of Way and maintain them at a height of not greater than 1.0 metre from ground level;

c.         The metal fence and gate, river rocks, patio stones and lights are only permitted inside and enclosed by the subject wood fence;

d.         The remaining sections of the fence located off the west wall of the house that leads from the rear wall to the front wall of the house be removed. This section of fence includes a gate and connecting walkway access to Birchcliff Avenue and encloses a City tree and a Toronto Hydro pole with street lighting attached and restricts access by staff and the Utility Company;

e.         The agreement does not include the existing in-ground pool, whereas the top step leading into the pool has been installed within the public right-of- way;

f.          The existing fence in the front yard be permitted to remain;

g.        That the owner(s) enter into an encroachment agreement with the City of Toronto to the satisfaction of the City Solicitor and the General Manager of Transportation Services;

h.         That the life of the Agreement be limited to 10 years from the date of registration on title, or to the date of removal of the encroachment, at which time the City may consider the Agreement for further extension, if requested by the applicant;

i.          That indemnification be provided to the City for all liability relating in any way to the encroachment with the City of Toronto added as additional insured for such liability for the lifetime of the Agreement in a form as approved by the City Solicitor, in an amount no less than $2,000,000.00 or such greater amount as the City Solicitor may require;

j.          That in the event of sale or transfer of the property abutting the encroachment, Legal Services be authorized to extend the Encroachment Agreement to the new owner, subject to the approval of the General Manager of Transportation Services; and

k.         The owner(s) pay the following fees:

a.         Legal Administration Cost and Registration on Title, plus disbursements including H.S.T.

b.         Encroachment rental fee of $517.07 (HST incl.).

2.         Authorize the City Solicitor to prepare and execute the encroachment agreement.

Toronto Building, Scarborough District, recommends that Scarborough Community Council:

1.         Approve the applications to demolish the subject residential buildings at 280 and 282 Scarborough Golf Club Road with the following conditions:

a.         that a construction fence be erected in accordance with the provisions of the Municipal Code, Chapter 363, Article III, if deemed appropriate by the Chief Building Official;

b          that all debris and rubble be removed immediately after demolition;

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

d.         that any holes on the property are backfilled with clean fill;

 e.        that in accordance with the Municipal Code Chapter 363-12, the applicant for the demolition permits constructs and substantially completes the new buildings to be erected on the site of the residential property to be demolished not later than two years from the day demolition of the existing buildings are commenced;

f.          that on failure to complete the new building within the time specified in (e) above, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in like manner as municipal taxes, the sum of twenty thousand dollars ($20,000) for each dwelling unit contained in the residential property in respect of which the demolition permit is issued and that such sum shall, until payment, be a lien or charge upon the lands in respect of which the permit to demolish the residential property is issued; and

g.         that all privately and publicly owned trees, which are protected by the City of Toronto By-laws, be protected in accordance with the By-laws during the demolition process.

The General Manager of Parks, Forestry and Recreation Division recommends that Scarborough Community Council:

1.         Name the new park situated east of the City-owned Campbell Estate on Kingston Road to “Councillor Fred Johnson Park” in honour of his significant contributions to the Scarborough Region.

The City Solicitor recommends that:

1.         City Council assume the services installed for Registered Plan 66M-2401 and that the City formally assume the roads within the Plan of Subdivision.

2.         City Council authorize the Legal Services Division to release the performance guarantee with respect to this development Plan 66M-2401, except the amount of $180,000 will be held back to be released once the TTC advises that it has made satisfactory arrangements with the developer concerning a future bus loop facility to be located on Block 148, Plan 66M-2401.

3.         City Council direct that an assumption By-law be prepared to assume the public highways and municipal services in Subdivision Plan 66M-2401.

4.         City Council authorize and direct the City Solicitor to register the assumption By-law in the Land Registry Office, at the expense of the Owner.

5.         City Council authorize the City Clerk and Treasurer to sign any release or other documentation necessary to give effect thereto.

6.         City Council authorize the appropriate City officials to transfer ownership of the street lighting system constructed within Plan of Subdivision No. 66M-2401 to Toronto Hydro.

The City Solicitor recommends that:

1.         City Council assume the services installed under the Core Services Agreement within the Morningside Heights Community, save and except the Outstanding Works listed in an Amending Agreement, to be entered into between the City and the original five Subdividers  ("the Owners").

2.         City Council authorize the City Solicitor to finalize the Amending Agreement, to her satisfaction, and to arrange for its execution by the City and the Owners.

3.         City Council direct that an assumption By-law be prepared to assume the public highways and municipal services in the Core Services Agreement upon execution of the Amending Agreement by all parties.

4.         The City Solicitor be authorized and directed to register the assumption By-law in the Land Registry Office, at the expense of the Owner.

5.         City Council authorize the City Solicitor to release the performance guarantees held in respect of the municipal services covered under the Core Services Agreement with the exception of the following: 

$2,135,000.00 – to be held to cover outstanding core work as set out in the Core Services Amending Agreement

$15,000.00 – to be held with respect to street lighting rectification on behalf of Toronto Hydro Electric System

6.         City Council authorize the City Clerk and Treasurer to execute the Amending Agreement, and to sign any release or other documentation necessary to give effect thereto

7.         City Council authorize the appropriate City officials to transfer ownership of the street lighting system constructed within the Morningside Heights Community to Toronto Hydro.

Transportation Services recommends that:

1.         City Council rescind the parking regulation, as identified in Appendix 1 of the report dated July 20, 2010, entitled “Proposed Parking Prohibition Amendments for the East Side of Warden Avenue from Eglinton Avenue East to Comstock Road, By-Law Housekeeping” from the Director, Transportation Services, Scarborough District.

2.         City Council enact the parking regulation, as identified in Appendix 2 of the report dated July 20, 2010, entitled “Proposed Parking Prohibition Amendments for the East Side of Warden Avenue from Eglinton Avenue East to Comstock Road, By-Law Housekeeping” from the Director, Transportation Services, Scarborough District.

3.         City Council pass or amend the appropriate by-law(s) accordingly.

Transportation Services recommends that:

1.         City Council adopt the one way traffic lanes regulation, as identified in Appendix 1 of the report dated July 20, 2010, entitled “Proposed Lane Designation - One Way Traffic Lanes, Eastbound and Westbound Right-Turn Lanes - St. Clair Avenue East and Warden Avenue” from the Director, Transportation Services, Scarborough District.

2.         City Council pass or amend the appropriate by-law(s) accordingly.

Transportation Services recommends that:

1.         Scarborough Community Council rescind the no parking regulation, as identified in Appendix 1 of the report dated July 20, 2010, entitled “Proposed Removal of a Disabled Parking Zone on the West Side of South Bonnington Avenue at 90 South Bonnington Avenue” from the Director, Transportation Services, Scarborough District.

2.         Scarborough Community Council pass or amend the appropriate by-law(s) accordingly.

Transportation Services recommends that:

1.         City Council adopt the one way traffic lanes regulation, as identified in Appendix 1 of the report dated July 20, 2010, entitled “Proposed Lane Designation - One Way Traffic Lanes, Southbound Right-Turn Lane and Westbound Right-Turn Lane - Ellesmere Road and Warden Avenue” from the Director, Transportation Services, Scarborough District.

2.         City Council pass or amend the appropriate by-law(s) accordingly.

Transportation Services recommends that:

1.         Scarborough Community Council rescind the heavy truck regulation, as identified in Appendix 1 of the report dated July 20, 2010, entitled “Proposed Heavy Truck Prohibition Amendments for the Renaming of Leafield Drive South to Leafield Drive” from the Director, Transportation Services, Scarborough District.

2.         Scarborough Community Council enact the heavy truck regulation, as identified in Appendix 2 of the report dated July 20, 2010, entitled “Proposed Heavy Truck Prohibition Amendments for the Renaming of Leafield Drive South to Leafield Drive” from the Director, Transportation Services, Scarborough District.

3.         Scarborough Community Council pass or amend the appropriate by-law(s) accordingly.

Transportation Services recommends that:

1.         Scarborough Community Council enact the 40 km/h speed limit regulation, as identified in Appendix 1 of the report dated July 20, 2010, entitled “Speed Limit Regulation on Lockie Avenue - from Midland Avenue to Agincourt Drive” from the Director, Transportation Services, Scarborough District.

2.         Scarborough Community Council pass or amend the appropriate by-law(s) accordingly.

Transportation Services recommends that:

1.         City Council receive this report for information.

Transportation Services recommends that:

1.         Scarborough Community Council rescind the compulsory stop sign and through street regulations, as shown in Appendix 1 of the report dated July 20, 2010, entitled “Parking and Directional Regulations by the Roundabout - Port Union Road at Bridgend Street” from the Director, Transportation Services, Scarborough District.

2.         Scarborough Community Council enact the stopping and heavy truck regulations, as identified in Appendix 2 of the report dated July 20, 2010, entitled “Parking and Directional Regulations by the Roundabout – Port Union Road at Bridgend Street” from the Director, Transportation Services, Scarborough District.

3.         Scarborough Community Council pass or amend the appropriate By-law(s) accordingly.

Transportation Services recommends that:

1.         Scarborough Community Council rescind the compulsory stop regulation, as identified in Appendix 1 of the report dated July 20, 2010, entitled “Compulsory Stop Controls - Evenwood Avenue at Closson Drive/Newmains Court” from the Director, Transportation Services, Scarborough District.

2.         Scarborough Community Council enact the compulsory stop regulation, as identified in Appendix 2 of the report dated July 20, 2010, entitled “Compulsory Stop Controls - Evenwood Avenue at Closson Drive/Newmains Court” from the Director, Transportation Services, Scarborough District.

3.         Scarborough Community Council pass or amend the appropriate By-law(s) accordingly.

Transportation Services recommends that:

1.         Scarborough Community Council rescind the prohibited turn regulations, as identified in Appendix 1 of the report dated July 20, 2010, entitled “Turning Prohibition Regulation Housekeeping on Manse Road” from the Director, Transportation Services, Scarborough District.

2.         Scarborough Community Council pass or amend the appropriate by-law(s) accordingly.

The City Planning Division recommends that:

1.         Staff be directed to schedule a community consultation meeting for the lands at 80 Bell Estate Road together with the Ward Councillor.

2.         Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

3.         Notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

The City Planning Division recommends that:

1.         Staff be directed to schedule a community consultation meeting for the lands at the northeast corner of Midland Avenue and St. Clair Avenue East together with the Ward Councillor.

2.         Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

3.         Notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

The City Planning Division recommends that:

1.         Staff be directed to schedule a community consultation meeting together with the Ward Councillor.

2.         Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

3.         Notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

The City Planning Division recommends that:

1.         Staff be directed to schedule a community consultation meeting for the lands southwest of Alton towers Circle and Goldhawk Trail, together with the Ward Councillor.

2.         Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

3.         Notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

The City Planning Division recommends that:

1.         Staff be directed to schedule a community consultation meeting for the lands at 1088 Progress Avenue, together with the Ward Councillor.

2.         Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

3.         Notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

The City Planning Division recommends that:

1.         Staff be directed to schedule a community consultation meeting for the lands at 24 Massie Street, together with the Ward Councillor.

2.         Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

3.         Notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

The City Planning Division recommends that:

1.         Staff be directed to schedule a community consultation meeting for the lands at 4338 Lawrence Avenue East and City-owned lands, together with the Ward Councillor.

2.         Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

3.         Notice for the Public Meeting under the Planning Act be given according to the regulations under the Planning Act.

4.         The applicant be required to submit a draft plan of subdivision in support of this application, having particular regard to the issues raised in this report.

The City Planning Division recommends that:

1.         Staff be directed to schedule a community consultation meeting for the lands at 363 Old Kingston Road together with the Ward Councillor.

2.         Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

3.         Notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

The City Planning Division recommends that:

1.         City Council amend the Official Plan for the lands in the Finch Warden Study Area substantially in accordance with the draft official plan amendment attached as Attachment 6.

2.         City Council endorse the Finch Warden Revitalization Study attached as Attachment 4 to guide future development in the area.

3.         City Council adopt the Urban Design Guidelines contained in Chapter 5 of the Finch Warden Revitalization Study.

4.         Authorize the City Solicitor to make such stylistic and technical changes to the draft official plan amendment as may be required.

5.         City Council provide copies of the study to the following agencies for their review and consideration in planning for services, prioritizing investment and responding to community concerns: Toronto Hydro, Toronto District School Board (TDSB), Toronto Catholic District School Board (TDCSB), Toronto Water, Parks, Forestry and Recreation, Central East Local Health Integration Network (CELIHN), and the Neighbourhood Action Team (NAT/NAP).

6.         City Council request Transportation Services to investigate and consider measures, such as signals and/or crosswalks, to facilitate pedestrian crossings of Finch Avenue between Warden and Pharmacy Avenues, and Warden Avenue, south of Finch Avenue.

7.         City Council request Parks, Forestry and Recreation, in consultation with the Ward Councillors and Chief Planner and Executive Director, City Planning Division, to investigate park improvements within the study area and immediate neighbourhoods, and allocate the entire amount above 5% cash-in-lieu of parkland dedication collected from those developments in the study area subject to the Alternate Rate Parkland Dedication By-law, to acquire new parkland or be used for improvements to parks within the vicinity of the study area.

The City Planning Division recommends that:

1.         City Council amend the official plan, for the lands at 2900 Warden Avenue substantially in accordance with the draft official plan amendment attached as Attachment No. 6.

2.         City Council amend the L’Amoreaux Community Zoning By-law #12466, as amended, for the lands at 2900 Warden Avenue substantially in accordance with the draft zoning by-law amendment attached as Attachment No. 7.

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 Bill to City Council for enactment, City Council shall require:

a.         the Owner to enter into an agreement pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the City Solicitor, such agreement to be registered on title to the lands to secure the following benefit: 

i.          A cash contribution of $1,600,000 to be paid as follows: $800,000 payable to the City of Toronto, prior to the issuance of a building permit for Phase 1 and $800,000 prior to the issuance of a building permit for Phase 2.  These funds are to be used towards a capital expansion of the Bridlewood Branch of the Toronto Public Library of up to 1,394 square metres (15,000 square feet), to be provided in accordance with the terms of the agreement, or towards other eligible local community benefits as may be determined by the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.  The payment shall be indexed from the date of the execution of the agreement in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto.

b.         The following matters to be secured in the Section 37 agreement as a legal convenience to support development:

i.          the requirement for the owner to have approval of a comprehensive site plan control agreement between the Owner and the City under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act, with plans at a scale of 1:50 secured by appropriate letters of credit to the satisfaction of the Director, Community Planning, Scarborough District;

ii.         the Owner shall be required to pay the library service component of the Development Charge By-law for the entire development prior to the issuance of the first permit with no provision for interest or credit for future increases in the Development Charge By-law;

iii.        design and construction of a publicly accessible ‘urban plaza’ located at the intersection of Warden and Finch Avenues to the satisfaction of the Director, Community Planning;

iv.        design and construction of a publicly accessible pedestrian link to the Cemetery, to the satisfaction of the Director, Community Planning;

v.         applicant to submit an application under Toronto Municipal Code Chapter 813, Trees, Articles II and III, for the City-owned street trees and private trees that qualify for protection, and are proposed to be removed as part of the proposal, and to complete the application review process;

vi.        the Owner shall be required to follow the Phasing Plan dated, June 17, 2010 submitted by Bousefields Inc. as generally set out in Attachment 9; and

vii.       additional matters in support of the development, to be secured in the Section 37 agreement, as a legal convenience, are set out in Attachment 8 (Matters to be Secured in the Section 37 Agreement) of this report.

5.         Requirement of the Owner to submit a condominium application once zoning, official plan and site plan approvals are in place.

6.         City Council direct staff to take the necessary actions required to authorize a Development Charge Credit for the library service component of the development.

The City Planning Division recommends that:

1.         City Council amend the Official Plan, for the lands at 1973 Victoria Park Ave. (1955 to 1991 Victoria Park Ave.) substantially in accordance with the draft official plan amendment attached as Attachment 8.

2.         City Council amend the Maryvale Community Zoning By-law No. 9366, for the lands at 1973 Victoria Park Avenue (1955 to 1991 Victoria Park Avenue) substantially in accordance with the draft zoning by-law amendment attached as Attachment 9.

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 to City Council for enactment, City Council require the applicant to enter into an agreement pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the City Solicitor such agreement to be registered on title to the lands to secure the following facilities, services and matters:

i.          a cash contribution of $400,000 (indexed annually in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto from the date the Zoning by-law comes into full force and effect) payable to the City of Toronto prior to the issuance of the first above-grade building permit for the development, for the relocation and/or expansion of the Maryvale Branch Library located in the Parkway Mall (85 Ellesmere Road);

ii.         a cash contribution of $300,000 (indexed annually in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto from the date the Zoning by-law comes into full force and effect) payable to the City of Toronto prior to the issuance of the first above-grade building permit for the development for improvements to Maryvale Park and/or the Ellesmere Community Centre;

iii.        a cash contribution of $100,000 (indexed annually in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto from the date the Zoning by-law comes into full force and effect) payable to the City of Toronto prior to the issuance of the first above-grade building permit for the development for capital improvements to and/or restoration of O’Connor Heritage House (60 Rowena Drive);

iv.        the provision and maintenance on the site of not less than 86 new replacement rental dwelling units, comprising 26 three-bedroom dwelling units, 54 two-bedroom dwelling units and 6 one-bedroom dwelling units, of which at least 43 dwelling units shall have affordable rents and the remaining dwelling units shall have rents no higher than mid-range rents.  The replacement rental dwelling units shall generally be of the same type and size as contained in the existing buildings on the subject site at the date of enactment of the zoning by-law amendment.  The applicant shall provide tenant relocation assistance for tenants in the existing buildings in accordance with the detailed terms as set out in the draft zoning by-law amendment attached as Attachment 9; and 

v.         the provision of indexed, Letters of Credit to secure the replacement of the 56 rental apartment units prior to the issuance of a demolition permit for the rental housing buildings remaining after issuance of permits for the first rental housing buildings units in an amount and to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor in accordance with the terms as set out in the draft zoning by-law amendment attached as Attachment 9.

5.         City Council approve the application to demolish the existing seven buildings that include 84 residential rental dwelling units located at 1973 Victoria Park Avenue (1955 to 1991 Victoria Park Avenue) pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for replacement of the rental housing units:

a.         the applicant shall provide and maintain 86 residential rental dwelling units, 43 of which shall have affordable rents and the remainder shall have rents no higher than mid-range rents on the subject site;

b.         the applicant shall enter into, and register on title, one or more Section 111 Agreements to secure the conditions outlined in (a) above and as detailed in the draft zoning by-law amendment (Attachment 9), to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor;

c.         the provision of indexed, Letters of Credit to secure the replacement of the 56 rental apartment units prior to the issuance of a demolition permit for the rental housing buildings remaining after issuance of permits for the first rental housing buildings units in an amount and to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor in accordance with the terms as set out in the draft zoning by-law amendment attached as Attachment 9;

d.         the applicant shall enter into and register, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the lands, to the satisfaction of the City Solicitor, without the written consent of the Chief Planner and Executive Director, City Planning Division or his designate,  to assist with securing the Section 111 Agreement against future owners and encumbrances of the lands; and

e.         the applicant shall first seek and obtain a building permit for the initial 30 replacement rental (townhouse) units prior to any other building permit on site.

6.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval to the application under Municipal Code Chapter 667 for any of the existing rental housing buildings in any specific phase of the development after the latest of the following has occurred:

i.          the satisfaction of the conditions in Recommendation 5;

ii.         the official plan amendment and zoning by-law amendment in Recommendations Nos.1 and 2 have come into full force and effect; and

iii.        the issuance of the site plan approval for the development by the Chief Planner and Executive Director, City Planning or his designate, pursuant to Section 114 of the City of Toronto Act, 2006.

7.         City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division, has given the preliminary approval in Recommendation 6 for any of the existing rental housing buildings in any specific phase of the development.

8.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act for any of the rental housing buildings no earlier than issuance of the first building permit for the foundation of the buildings in that phase of the development, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation No. 6, which permit may be included in the demolition permit for Chapter 667 under 363-11.1E, of the Municipal Code, on condition that:

a.         the owner erect a residential building on site no later than three (3) years from the date the permit is issued for demolition of the buildings; and

b.         should the owner fail to complete the new building within the time specified in condition 8(a), the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000) for each dwelling unit for which a demolition permit is issued, and that such sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

9.         Prior to introducing the necessary Bills to City Council for enactment, City Council require the applicant to submit for review and approval, a Functional Servicing Report which demonstrates that the development can be serviced and which identifies any improvements that may be required to the existing services or services to be up-graded, at the cost to the applicant, to the satisfaction of the Technical Services Division and the City Planning Division.

10.       City Council authorize the appropriate City officials to take such actions as are necessary to implement the foregoing, including execution of the Section 37 and Section 111 agreements.

The City Planning Division recommends that:

1.         City Council amend the L’Amoreaux Community Zoning By-law No. 12466, as amended, for the lands at 2002 Pharmacy Avenue and 2992 Sheppard Avenue East substantially in accordance with the draft zoning by-law amendment attached as Attachment 7. 

2.         City Council amend the Scarborough Site Plan Control By-law No. 2319 substantially in accordance with the draft site plan control by-law attached as Attachment 8.

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft zoning by-law amendment and draft site plan control by-law as may be required.

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

a.         the Owner to enter into an agreement with the City pursuant to Section 37 of the Planning Act,  to secure the following benefit:

i.          a cash contribution of $300,000, payable to the City of Toronto, prior to the issuance of a building permit, to be used towards the capital expansion of the Bridlewood Branch of the Toronto Public Library. This payment shall be indexed from the date of the execution of the agreement in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto.

b.         the Owner to provide a title opinion to the City for the agreement’s registration to the satisfaction of the City Solicitor.

The City Planning Division recommends that:

1.         City Council amend Zoning By-law No. 10717 (Sullivan Community) for the lands at 2901 and 2925 Sheppard Avenue East, substantially in accordance with the draft zoning by-law amendment attached as Attachment 8.

2.         City Council amend Site Plan Control By-law No. 21319 for the lands at 2901 and 2925 Sheppard Avenue East, substantially in accordance with the draft site plan control by-law amendment attached as Attachment 9.

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft zoning by-law amendment as may be required.

The City Planning Division recommends that:

1.         City Council amend the official plan, for the lands at 8 and 10 Donalda Crescent substantially in accordance with the draft official plan amendment attached as Attachment 5.

2.         City Council amend the Agincourt Community Zoning By-law No.10076, for the lands at 8 and 10 Donalda Crescent substantially in accordance with the draft zoning by-law amendment attached as Attachment 6.

3.         City Council amend Site Plan Control By-law 21319 to designate the lands at 8 and 10 Donalda Crescent as a site plan control area, substantially in accordance with the draft site plan control by-law attached as Attachment 7.

4.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft official plan amendment, draft zoning by-law amendment and draft site plan control by-law as may be required.

The City Planning Division recommends that:

1.         City Council amend the Morningside Heights Zoning By-law for the lands at the southeast corner of Staines Road and Steeles Avenue East, and 2-34 Palk Lane, substantially in accordance with the draft zoning by-law amendment attached as Attachment 6.

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.         That in accordance with the delegated approval under by-law 229-2000, City Council be advised that the Chief Planner may approve the draft plan of subdivision, generally as illustrated on Attachment 3, subject to:

a.         the appropriate conditions, generally as listed in Attachment 7, which must be fulfilled prior to the release of the plan of subdivision for registration;

b.         any such revisions to the proposed subdivision 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; and,

c.         draft plan approval not being issued until the necessary zoning by-law Bill is in full force and effect.

The City Planning Division recommends that:

1.         City Council amend the Highland Creek Community Zoning By-law No. 10827, as amended, for the southeast portion of the lands at 6490 Kingston Road, substantially in accordance with the draft zoning by-law amendment attached as Attachment 6.

2.         City Council amend Site Plan Control By-law No. 21319 substantially in accordance with the draft site plan control by-law attached as Attachment 7.

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft zoning by-law amendment and draft site plan control by-law as may be required.

It is recommended that:

1.         City Council authorize the City Solicitor to attend the Ontario Municipal Board (OMB) hearing in support of the Committee of Adjustment's decision regarding the variance application at 140 Westbourne Avenue (File B006/10SC, A017/10SC & A018/10SC).

It is recommended that:

1.         City Council authorize the City Solicitor to attend the Ontario Municipal Board (OMB) hearing in support of the Committee of Adjustment's decision regarding the variance application at 149 Westbourne Avenue (File B056/09SC, A0234/09SC & A235/09SC).