City Council on August 25, 26 and 27, 2010, adopted the following:

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

Scarborough Community Council 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

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council 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 to the report (July 13, 2010) from the Director, Transportation Services, Scarborough District, and enact a by-law substantially in the form of the draft by-law attached as Appendix 1 to the report (July 13, 2010) from the Director, Transportation Services, Scarborough District, 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.

Scarborough Community Council recommends that:

1.         City Council 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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.

Scarborough Community Council 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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.         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 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.

Scarborough Community Council 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.         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 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council rescind the parking regulation, as identified in Appendix 1 of the report dated July 20, 2010, from the Director, Transportation Services, Scarborough District, 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, from the Director, Transportation Services, Scarborough District 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.

Scarborough Community Council recommends that:

1.         City Council rescind the parking regulation, as identified in Appendix 1 of the report dated July 20, 2010, from the Director, Transportation Services, Scarborough District, 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, from the Director, Transportation Services, Scarborough District 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council adopt the one way traffic lanes regulation, as identified in Appendix 1 of the report dated July 20, 2010, from the Director, Transportation Services, Scarborough District 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.

Scarborough Community Council recommends that:

1.         City Council adopt the one way traffic lanes regulation, as identified in Appendix 1 of the report dated July 20, 2010, from the Director, Transportation Services, Scarborough District 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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

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

Scarborough Community Council recommends that:

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

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

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council receive the report (July 20, 2010) from the Director, Transportation Services, Scarborough District, for information.

Scarborough Community Council recommends that:

1.         City Council receive this report for information.

City Council on August 25, 26 and 27, 2010, adopted the following:

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 No. 6 to the report (July 26, 2010) from the Director, Community Planning, Scarborough District.

2.         City Council endorse the Finch Warden Revitalization Study attached as Attachment No. 4 to the report (July 26, 2010) from the Director, Community Planning, Scarborough District, 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.         City Council 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 the General Manager, 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 the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillors and Chief Planner and Executive Director, City Planning, 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. 

City Council on August 25, 26 and 27, 2010, adopted the following:

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 to the report (July 29, 2010) for the Director, Community Planning, Scarborough District.

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 to the report (July 29, 2010) for the Director, Community Planning, Scarborough District, subject to amending Attachment No. 7, parts 231 and 233 under "Parking" to provide for one parking space per one-bedroom dwelling unit.

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 to the report (July 29, 2010) for the Director, Community Planning, Scarborough District; 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 the report (July 29, 2010) for the Director, Community Planning, Scarborough District.

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

6.         City Council request the Owner to designate three surface parking spaces as "car-share" spaces at the time of the site plan approval.

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

Scarborough Community Council 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, subject to amending Attachment No. 7, parts 231 and 233 under "Parking" to provide for one parking space per one-bedroom dwelling unit.

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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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 to the report (July 29, 2010) from the Director, Community Planning, Scarborough District.

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 to the report (July 29, 2010) from the Director, Community Planning, Scarborough 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 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 as follows:

a.         $300,000 for the relocation and/or expansion of the Maryvale Branch Library located in the Parkway Mall (85 Ellesmere Road) payable prior to the issuance of the first above-grade building permit for Phase One of the development; and

b.         $100,000 for new lighting for the tennis facilities at Maryvale Park and/or other improvements to Maryvale Park such payment to be made prior to the passing of the by-law;

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 Phase Two of the development as follows:

a.         $100,000 for the relocation and/or expansion of, and/or improvements to the Maryvale Branch Library located in the Parkway Mall (85 Ellesmere Road);

b.         $200,000 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 Phase One of 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 to the report (July 29, 2010) from the Director, Community Planning, Scarborough District; 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 to the report (July 29, 2010) from the Director, Community Planning, Scarborough District.

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 report (July 29, 2010) from the Director, Community Planning, Scarborough District, 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 to the report (July 29, 2010) from the Director, Community Planning, Scarborough District;

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 Parts 1 and 2 above, 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 Part 6 above, 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.          i          The applicant is required to submit for review and acceptance by the Technical Services Division, a “Functional Servicing Report” to demonstrate that the development can be serviced, and identifies any improvements that may be required to the existing services or services to be up-graded, at the cost to the applicant.

ii.         The draft zoning by-law amendment, noted in Part 2 above, and attached as “Attachment 9" to the report (July 29, 2010) from the Director, Community Planning, Scarborough District, be amended such that a Holding Provision  (H) be placed on the site specific zoning applicable to the lands that, until its removal, restricts use of the lands to the uses permitted under the existing Multiple Residential (M) zone and sets out the conditions under which the H may be removed from this site to permit the proposed development, to the satisfaction of the Executive Director of the Technical Services Division and City Planning.  The Holding Provision (H) shall be removed in whole or in part, if Council is satisfied:

a.         “Functional Servicing Report” which demonstrates that the development can be serviced; and which takes into consideration the findings of the City's basement flooding investigation for the area, and which determines, what , if any, municipal servicing improvements are required to accommodate the proposed development, to the satisfaction of the Executive Director of the Technical Services Division; and

b.          recommended improvements are implemented or financially secured along with any necessary agreements, at the cost to the applicant, and all to the satisfaction of the Executive Director of the Technical Services Division.

10.         City Council require the Owner to designate three of the 14 surface parking spaces as “car-share” spaces at the time of the site plan approval.

11.       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.

Scarborough Community Council 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 as follows:

a.         $300,000 for the relocation and/or expansion of the Maryvale Branch Library located in the Parkway Mall (85 Ellesmere Road) payable prior to the issuance of the first above-grade building permit for Phase One of the development; and

b.         $100,000 for new lighting for the tennis facilities at Maryvale Park and/or other improvements to Maryvale Park such payment to be made prior to the passing of the by-law;

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 Phase Two of the development as follows:

a.         $100,000 for the relocation and/or expansion of, and/or improvements to the Maryvale Branch Library located in the Parkway Mall (85 Ellesmere Road);

b.         $200,000 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 Phase One of 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.          i          The applicant is required to submit for review and acceptance by the Technical Services Division, a “Functional Servicing Report” to demonstrate that the development can be serviced, and identifies any improvements that may be required to the existing services or services to be up-graded, at the cost to the applicant.

ii.         The draft zoning by-law amendment, noted in Recommendation 2 and attached as “Attachment 9” be amended such that a Holding Provision  (H) be placed on the site specific zoning applicable to the lands that, until its removal, restricts use of the lands to the uses permitted under the existing Multiple Residential (M) zone and sets out the conditions under which the H may be removed from this site to permit the proposed development, to the satisfaction of the Executive Director of the Technical Services Division and City Planning.  The Holding Provision (H) shall be removed in whole or in part, if Council is satisfied:

a.         “Functional Servicing Report” which demonstrates that the development can be serviced; and which takes into consideration the findings of the City's basement flooding investigation for the area, and which determines, what , if any, municipal servicing improvements are required to accommodate the proposed development, to the satisfaction of the Executive Director of the Technical Services Division; and

b.          recommended improvements are implemented or financially secured along with any necessary agreements, at the cost to the applicant, and all to the satisfaction of the Executive Director of the Technical Services Division.

10.         City Council require the Owner to designate three of the 14 surface parking spaces as “car-share” spaces at the time of the site plan approval.

11.       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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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 to the report (July 27, 2010) from the Director, Community Planning, Scarborough District. 

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.

Scarborough Community Council 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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 to the report (July 26, 2010) from the Director, Community Planning, Scarborough District.

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 to the report (July 26, 2010) from the Director, Community Planning, Scarborough District.

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.

Scarborough Community Council 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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 to the report (July 26, 2010) from the Director, Community Planning, Scarborough District.

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 Revised Attachment 6 to the report (July 26, 2010) from the Director, Community Planning, Scarborough District.

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 to the report (July 26, 2010) from the Director, Community Planning, Scarborough District.

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.

Scarborough Community Council 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 Revised 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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 to the report (July 27, 2010) from the Director, Community Planning, Scarborough 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.         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 to the report (July 27, 2010) from the Director, Community Planning, Scarborough District, subject to:

a.         the appropriate conditions, generally as listed in Attachment 7 to the report (July 27, 2010) from the Director, Community Planning, Scarborough District, 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.

Scarborough Community Council 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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 to the report (July 26, 2010) from the Director, Community Planning, Scarborough District.

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 to the report (July 26, 2010) from the Director, Community Planning, Scarborough District.

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.

Scarborough Community Council 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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).

Scarborough Community Council recommends 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).

City Council on August 25, 26 and 27, 2010, adopted the following:

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).

Scarborough Community Council recommends 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).