The Toronto and East York Community Council recommends that:

1.         City Council enact the draft by-law from the City Solicitor to permanently close the public lane extending westerly from Alvin Avenue between the two properties known municipally as 50 and 54 Alvin Avenue, described as follows:

PIN: 21123-0077 (LT)

Lane Plan 601 Deer Park East of Part 3 63R1213; City of Toronto.

To enact a by-law to permanently close the public lane extending westerly from Alvin Avenue between the two properties known municipally as 50 and 54 Alvin Avenue, and that it be sold upon the terms and conditions set out in Toronto and East York Community Council Item TE33.42, as adopted by City Council at its meeting held on May 11 and 12, 2010.

The Toronto and East York Community Council recommends that:

1.         City Council amend the Official Plan for the lands at 38 Abell Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 1 to the report dated May 26, 2010 from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment referred to in Recommendation 1 above, as may be required.

This proposed Official Plan Amendment (OPA) was initiated by the City after January 1, 2007, and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.  At its meeting on May 11 and 12, 2010, City Council directed City Planning staff to immediately commence the Official Plan Amendment process. 

The  proposed OPA amends the definition of “rental housing” for  the lands known as 38 Abell Street (formerly known as 150 Sudbury Street) in order for Toronto Artscape Inc., a non-profit housing provider, to benefit from municipal assistance through property tax waivers for the provision of affordable rental housing. 

City Council adopted amendments to the Zoning By-law for 150 Sudbury Street, which secures 20 artist live/work units with affordable rents (0.8 times the average CMHC market rent for the City).  The Bills have not yet been placed before City Council for enactment.  These 20 units are proposed to be condominium registered units, which is explicitly prohibited by the definition of “rental housing” in the Official Plan.  In order to benefit from municipal assistance for affordable rental units, while at the same time being condominium registered units, the proposed site specific OPA is required for the 20 live/work units at 38 Abell Street.

This report discusses the issues and recommends approval of the City initiated amendment to the Official Plan.

The Toronto and East York Community Council recommends that:

1.         City Council amend the Official Plan for the lands at 301 Front Street West substantially in accordance with the draft Official Plan Amendments attached as Attachments No. 12 and No. 13 to the May 31, 2010 report from the Director of Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-laws 168-93 and 1994-0806, for the lands at 301 Front Street West substantially in accordance with the draft Zoning By-law Amendments attached as Attachments No. 14 and No. 15 to the May 31, 2010 report from the Director of Community Planning, Toronto and East York District.

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

4.         Before introducing the necessary Bills in Council for enactment, City Council require the owner to enter into a CN Tower Precinct Amending Agreement in order to update the CN Tower Precinct Agreement provisions relating to the publicly accessible open space, and to otherwise update the agreement as follows:

a.         Revisions relating to the provision of publicly accessible open space (Section 3.1 and Schedule D) as follows:

i.          Revise Section 3.1, Clause (a) to secure the provision of 1.09 hectares rather than 1.29 hectares of publicly accessible open space.

ii.         Provide for the phasing of the publicly accessible open space expenditures, including requiring a minimum of $1,000,000 of the required minimum expenditures to be spent on the CN Tower Expansion site in connection with Phase 2A.

iii.        Insert a provision allowing expenditures made on interim improvements to the Phase 2 lands in connection with the construction of Phase 1 to be applied towards the minimum expenditure, but only until such time as Phase 2 proceeds, at which time the amount spent on those interim improvements would be added to the outstanding amount owing.

iv.        Provide that a portion of the minimum expenditure may be spent on the CN Tower Expansion site in advance of the construction of Phase 2A, so long as these expenditures are for improvements to the publicly accessible open space that are intended to be permanent and not of an interim nature.

v.         Add new clause to allow a portion of the required minimum expenditure to be spent on other publicly accessible open spaces in the area (including the John Street Corridor and John Street Bridge), if there are excess funds.

vi.        Clarify the requirement for the provision of an enclosed or weather-protected publicly accessible pedestrian walkway along the northern edge of the site, including a link from the Skywalk to the open space to the west of the Aquarium, either as internal to Phase 2 of the Aquarium, or otherwise, should Phase 2 not proceed within 20 years.

vii.       Revise the Schedule “D” Guidelines to accurately reflect the current proposal; to ensure that the lighting provisions reflect the Bird-Friendly Guidelines; and to attach a map showing the location of the 1.09 hectares.

b.         Revisions and deletions of provisions that are spent or otherwise inapplicable to the current proposal as follows:

i.          Delete the reference to the MTCC/Tower Park East Bridge Connection in Article 2 of the Precinct Agreement - Interim Obligations for Tower Park Lands and Part 44 lands.

ii.         Delete Section 3.2 - Part 44 lands of the Precinct Agreement.

iii.        Delete Section 3.3 - CN Tower Expansion Public Room of the Precinct Agreement.

iv.        Delete Section 3.4 -Connections with the Metro Toronto Convention Centre of the Precinct Agreement.

c.         Any other technical amendments to update the agreement to reflect the precinct arrangements, new addresses for notices, and updated studies as described in this report.

5.         City Council grant authority to enter into a CN Tower Precinct Amending Agreement, incorporating the necessary amendments, satisfactory in form to the City Solicitor.

6.         City Council authorize the appropriate City officials to take the necessary steps to implement the foregoing.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to amend the Railway Lands Central and East Secondary Plans and the Railway Lands Central and East Zoning By-laws to permit a 14,000 square metre aquarium to the east of the CN Tower, and a 4,400 square metre commercial building on the west side of the base of the CN Tower. A mix of uses around the base of the CN Tower is currently permitted. This application will redeploy that density to accommodate the proposed uses.

The proposed uses and density are consistent with existing permissions for the site.  The proposed aquarium use will complement the existing tourist and entertainment uses in the area. The proposal addresses the relevant policy objectives of the Railway Lands Central Secondary Plan.

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

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 1-83, By-law 3623-97, as amended, and By-law 12349, for the lands at 1950 Bathurst Street, 89 Dewbourne Avenue, and 84 Ava Road, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 1 to the report dated June 16, 2010, from the Director, Community Planning, Toronto and East York District.

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

3.         City Council require that the Owner agree to implement the measures outlined in the December 2009 Transportation Demand Management Plan, prepared by BA Group, as part of the Site Plan Agreement.

4.         City Council require that the Owner pay for and construct any improvements to the municipal infrastructure in connection with the Preliminary Servicing Report, as accepted by the Executive Director of Technical Services, should it be determined that improvements to such infrastructure are required to support this development.

This application was made on December 22, 2008 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to construct a 3-storey addition, to the south of the existing school building that houses Leo Baeck Day School.  The addition will contain facilities used for a synagogue and school related functions.  It will maintain the existing Temple and administrative wing at 1950 Bathurst Street, 89 Dewbourne Avenue and 84 Ava Road.

The City Planning Division considers that this specific private school expansion proposal is satisfactory and is recommending approval given that the existing building plus the proposed addition will have no significant built-form impact on the adjacent homes.

A maximum permitted total gross floor area (10,900 m2) on the site has been included in the draft zoning by-law (refer to Attachment 6) at a floor area that approximately represents the existing buildings on the site plus the proposed addition.  Planning staff believe that in its proposed expanded state, the school building will be at the maximum size that could be supported on the surrounding residential streets.

The school’s purchase of the properties at 89 Dewbourne Avenue and 84 Ava Road will provide a 3.1 m wide buffer strip between the school’s property and adjacent residential houses, as well as, a one-way vehicular access, contained on-site, which will mainly serve as a circulation route for student drop off/pick up, and a parking area.  This one-way vehicular access will allow vehicles to avoid the need to drive through the residential neighbourhood in order to exit back onto the main arterial road (Bathurst Street). It will also accommodate the stacking of cars on-site.

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

This report recommends that Recommendations Section, in the final staff report dated May 26, 2010, be revised, in order to delete Recommendation Nos. 3 and 5.

This report recommends that the draft By-law be revised in order to correctly amend the applicable Zoning By-laws and Maps. The revised draft by-law is included as Attachment 1 in this report.

This report also clarifies several matters referred to in the May 26, 2010, Final Report.

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86 as amended by By-law 236-2009 for 54-74 Berwick Avenue and 191-211 Duplex Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 13 to the report dated May 24, 2010, from the Director Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 236-2009 by replacing Map 1 (Zoning Map) to remove the holding symbol (“H”) from Block C, being the lands municipally known as 54-74 Berwick Avenue and 191-211 Duplex Avenue.

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.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 54-74 Berwick Avenue and 191-211 Duplex Avenue (subject of this report) to enter into an agreement under Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, to secure the following:

a.         A payment of $100,000.00 prior to the introduction of the necessary Bills to City Council.  Such payment will be directed to the Planning Act Reserve Fund to be budgeted for the purchase, design and construction of a new park on the lands south of the TTC bus barns at Yonge Street and Eglinton Avenue West.

b.         The provision and maintenance on the site of not less than 12 new replacement rental dwelling units, comprising six (6) one-bedroom units and six (6) two-bedroom units, all of which shall have mid-range rents, in accordance with more detailed terms as set forth in the draft by-law attached as Attachment 13.

c.         A cash payment to the City in the amount of $440,000 in lieu of replacing four (4) residential rental units contained on the subject properties, prior to the issuance by the Chief Planner of preliminary approval of the application under Chapter 667.  This payment is to be directed to the Capital Revolving Fund for Affordable Housing.

The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development:

d.         Incorporation in the construction of the building, exterior materials shown on 1:50 scale drawings, approved by the Chief Planner and Executive Director, submitted for the development’s frontages along Duplex Avenue and Berwick Avenue.

e.         Submission of a wind tunnel analysis to the satisfaction of the Chief Planner and Executive Director and the provision of any required mitigation measures contained therein to the satisfaction of the Chief Planner and Executive Director prior to the issuance of site plan approval.

f.          Conveyance to the City, prior to registration of the condominium, at a nominal cost, a 6.0 metre wide strip of land to the full extent of the site abutting the east limit of the site.  The lands to be conveyed must be free and clear of all encumbrances other than an easement for access purposes registered in favour of the owner which will expire at such time as the said lands have been laid out and dedicated for public highway purposes.  Such easement shall not preclude the City from providing the owner with alternative access during the construction of the public road.

g.         A covenant by the owner that it will maintain the easement lands, accept liability for the easement lands and fully indemnify the City against all claims relating to the easement lands such that the City has no responsibility for the maintenance of and no liability in relation to the said lands until such time as a public road is opened at this location.

h.         Pay all costs, before introducing the necessary Bills to City Council for enactment, associated with and/or provide adequate securities to cover the subject owner’s share of the construction costs of the future road, including applicable engineering review and inspection fees.

i.          Convey 290 square metres of land as noted on the accepted plans as parkland and submit the remaining parkland dedication requirement and stratified value adjustments in the form of a certified cheque prior to the issuance of the first above grade building permit.

j.          Maintain the parkland, noted in 4.i above, to the satisfaction of the General Manager of Parks, Forestry and Recreation until such time as the larger park, that is planned within the Yonge-Eglinton Focussed Review area, of which these parkland dedication lands shall form a part, has been constructed.

k.         Complete a Toronto Transit Commission (“TTC”) Level 2 Technical Review of the proposed development, prior to starting any demolition or construction or the issuance of the first or any building permit, as applicable to the particular permit under application, and obtain the TTC’s written acknowledgement that the owner has satisfied all of the conditions arising out of the review.  As part of the review process, the owner shall provide the requisite information, and pay the associated review fee to the TTC.

l.          Insert warning clauses regarding TTC operations in all offers to purchase, agreements of purchase and sale or agreements to lease, and condominium declaration document(s) for each affected residential or commercial unit, and/or block within the proposed development.  Such warning clauses shall advise of the potential for noise, vibration, smoke, particulate matter, electromagnetic interference and stray current impacts on the proposed development, and that the TTC accepts no responsibility for such effects.

m.        Prepare a Construction Management Plan and Neighbourhood Communication Strategy, prior to the issuance of the first building permit (including demolition and/or excavation permit), to the satisfaction of the Chief Planner and Executive Director of the City of Toronto Planning Division.

5.         City Council require that before the issuance of any building permit, including foundation permit, the applicant shall enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act.

6.         City Council require the owner to, as part of site plan approval, provide and maintain an irrigation system including an automatic timer for the proposed trees within the public road allowance to the satisfaction of the General Manager of Parks, Forestry and Recreation.

7.         City Council require that the owner provide any necessary improvements to the municipal infrastructure in connection with the site servicing review, if it is determined that upgrades are required to the infrastructure to support this development according to the site servicing review accepted by the Executive Director of Technical Services.

8.         City Council require that, before introducing the necessary Bills to City Council for enactment, the owner submit a site servicing review to the Executive Director of Technical Services for review and acceptance.

9.         City Council approve the application to demolish the 20 existing residential houses, containing 22 residential units of which 20 are residential rental housing units located at 54-74 Berwick Avenue and 191-211 Duplex Avenue pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for the replacement of rental housing:

a.         The owner shall provide and maintain twelve (12) residential rental units on the subject site for a period of at least 20 years, comprising six (6) one-bedroom units and six (6) two-bedroom units, all of which shall have mid-range rents.

b.         The owner of the property to make a cash payment to the City in the amount of $440,000 in lieu of replacing four (4) residential rental units contained on the subject properties, prior to the issuance by the Chief Planner of preliminary approval of the application under Chapter 667.  This payment is to be directed to the Capital Revolving Fund for Affordable Housing.

c.         The owner shall enter into and register one or more Section 111 Agreements to secure the conditions outlined in (a) above and as described in the draft Zoning By-law Amendment as any requirements may relate to rental replacement and protection (refer to Attachment 13: Draft Zoning By-law Amendment) to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division.

d.         The owner shall enter into and register, a Section 118 Restriction under the Land Titles Act (to the satisfaction of the City Solicitor) agreeing not to transfer or charge those parts of the lands, comprising the 12 replacement rental units, 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 to be released only upon the owner obtaining the necessary approvals including the zoning by-law amendment.

10.       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 after the satisfaction of the conditions in Recommendation 9, and after the Zoning By-law amendments referred to in Recommendations 1 and 2 have come into full force and effect.

11.       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 10.

12.       City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act no earlier than issuance of the first building permit for the foundation of the development, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 10, 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 day demolition of the buildings is commenced.

b.         Should the Owner fail to complete the new building within the time specified in condition 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 each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

13.       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.

This application was made on April 29, 2008 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to amend the Zoning By-law for the lands at 54-74 Berwick Avenue and 191-211 Duplex Avenue to permit the demolition of 20 rental housing units and the construction of twenty townhouses fronting onto Duplex Avenue and two hundred and fifteen condominium and rental apartment units in a 17-storey building fronting on Berwick Avenue.

The City Planning Division is recommending approval of the proposed development based on its location and on its planned and design attributes which include:

 a.        the subject lands were part of the Yonge-Eglinton Centre Focussed Review study which included an extensive community consultation process that resulted in Council adopting new Official Plan policies (OPA 63), Design Guidelines and zoning provisions (236-2009) for the area bounded by Eglinton Avenue West, Yonge Street, Berwick Avenue and Duplex Avenue.  The proposed development complies with the policies of OPA 63, the principles set out in the Design Guidelines and requires only minor amendments to By-law 236-2009;

b.         the proposed 17-storey component of the development transitions down from the higher intensity uses of Yonge Street to the proposed townhouses on the site and to the existing low density residential beyond them to the west.  The proposed development  uses multiple building stepbacks in order to comply with a 45 degree angular plane as drawn from a point 10 feet above the Duplex Avenue property line;

c.         the fit of the built form and design of the proposed townhouses on Duplex Avenue with the existing neighbourhood to the west;

d.         the stepback or terraced design of the 17-storey building reduces the massing of the building along Berwick and allows for sky views and oblique views to the north from the existing houses on the south side of Berwick Avenue;

e.         the inclusion of grade-related units on Berwick Avenue integrate the proposed 17-storey building into the existing neighbourhood context on Berwick Avenue;

f.          the site is within a block of the intersection of Yonge Street and Eglinton Avenue.  It has excellent existing and future transit connections to most points within the City and is within proximity to retail, service and entertainment facilities and places of employment;

g.         the location and screening of the loading bays, parking ramp and garbage storage area which are located internally to the development and accessed from a 2-way driveway leading from Berwick Avenue;

h.          the Section 37 benefits that would be available as a result of approval and construction of this development including; funding for the acquisition and development of a new park within the Yonge-Eglinton Centre Focussed Review area, the owner’s agreement to convey the 2-way driveway to the City which will form part of an eventual new north-south public street that will open new land for redevelopment and ensure that the traffic associated with those redevelopments will have a minimal impact on the existing neighbourhood streets, and the owner’s agreement to replace 12 of the existing rental units within the proposed 17-storey condominium and cash-in-lieu of replacement for the equivalent of an additional 4 units; and

i.           the dedication of land for parkland purposes under the Alternative Parkland Dedication By-law which will form a small green space on Duplex Avenue in the short term and which will become a portion of the larger park which is to be constructed within the Yonge-Eglinton Focussed Review area.

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report dated June 2, 2010, from the Director, Community Planning, Toronto and East York District, with the following amendments to Attachment No. 6, by:

i.          replacing Map 2 with the revised Map 2; and

ii          providing a minimum 60% of the ground floor frontage of the tower portion along Bay Street and to continue on Grosvenor Street for a minimum of 17 metres for a maximum non-residential gross floor area of 350 square metres for uses permitted in accordance with the chart of Section 8(1)(b)(iv) of Zoning By-law 438-86 and to permit a maximum non-residential gross floor area for government offices of 80,350 square metres.

2.         City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director of City Planning, to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required to give effect to the intent of the recommendations contained in this report.

3.         City Council authorize the Chief Building Official to issue a demolition permit for 880 Bay Street, 60 Grosvenor Street and a portion of 900 Bay Street following issuance of the first below-grade building permit for the proposed building.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 880 Bay Street, 60 Grosvenor Street and a portion of 900 Bay Street (subject of this report) to enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, to secure the following:

a.         Prior to the issuance of the first building permit, pay to the City the sum of $50,000 for public art to be located on a publicly accessible portion of the lot to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development:

b.         As part of the Site Plan Approval process, the owner shall provide 1:50 scale drawings for the Bay Street and Grosvenor Street elevations of the podium and two floors above, with building materials labelled.

c.         The owner shall incorporate in the construction of the building, and thereafter maintain, exterior building and landscape materials to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

d.         Provide and maintain an irrigation system for proposed trees within the public road allowance including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA), and constructed with a back flow preventer irrigation system for all new trees in the public rights-of-ways satisfactory to the Executive Director, Technical Services and General Manager, Parks, Forestry and Recreation.

e.         Build in conformity with the Toronto Green Standard Checklist received by the Chief Planner and Executive Director, City Planning Division on January 29, 2010.

f.          Enter into a Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director of City Planning, under Section 114 of the City of Toronto Act, 2006.

g.         Prior to final site plan approval the owner shall:

1.         Retain a consultant archaeologist, licensed by the Ministry of Culture under the provisions of the Ontario Heritage Act (R.S.O 1990 as amended), to carry out a Stage 1 archaeological assessment of the entire development property and follow through on recommendations to mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. The assessment is to be completed in accordance with the 2009 Final Draft - Standards and Guidelines for Consulting Archaeologists, Ministry of Culture.  Should the archaeological assessment process continue beyond a Stage 1 assessment, any recommendations for Stages 2-4 mitigation strategies must be reviewed and approved by Heritage Preservation Services prior to commencement of the site mitigation.

2.         Submit a copy of the relevant assessment report(s) to the Heritage Preservation Services Unit in both hard copy format and as an Acrobat PDF file on compact disk.

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

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

5.         Submit to the Executive Director of Technical Services for review and acceptance, a site servicing review to demonstrate how this site will be serviced and whether the existing municipal infrastructure is adequate.

5.         City Council determine that the revisions made to the draft zoning by-law are minor in nature and, pursuant to subsection 34(17) of the Planning Act, no further public notice is required in respect of the proposed zoning by-law.

6.         City Council authorize City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above-noted recommendations.

This application was made on or before December 23, 2009 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

An application to amend Zoning By-law 438-86 has been submitted to permit a 45-storey (192 metre) government office building at 880 Bay Street, 60 Grosvenor Street and a portion of 900 Bay Street.  The lands are owned by the Ontario Realty Corporation and form part of the Queen’s Park Government Office complex.

The proposed non-residential gross floor area is 80,662 square metres resulting in a density of 9.65 times the area of the lot.  The development includes 450 parking spaces in three levels of underground parking and is proposed to be approximately 192 metres in height to the top of the mechanical penthouse.

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

The Toronto and East York Community Council submits this matter to Council without recommendation.

This application was made after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to permit office uses, in addition to the industrial uses permitted at 345 and 349 Carlaw Avenue.  There is no new development proposed.

The Official Plan permits consideration of office uses in an Employment Area.  Employment Areas are places of business and economic activity.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit office uses within the existing buildings. 

The Toronto and East York Community Council recommends that:

1.         City Council amend the Official Plan substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 9 to the report dated June 3, 2010, from the Director, Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 438-86 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 10 to the report dated June 3, 2010, from the Director, Community Planning, Toronto and East York District.

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

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

i.          submit to the Executive Director, Technical Services, for review and acceptance a site servicing assessment to determine whether the existing municipal infrastructure for water supply demand is adequate to accommodate the proposed development and hydrant testing to demonstrate how this site can be serviced;

ii.         determine whether the existing municipal infrastructure is adequate to accommodate the proposed development or whether the existing watermains need to be upgraded; and

iii.        identify on the applicable drawings a 0.4 metre wide strip of land along the east limit of 169 Jones Avenue as lands to be conveyed to the City for a nominal sum.

5.         Prior to introducing the necessary Bills to City Council for enactment, City Council require the applicant to provide written confirmation from the owner to the Chief Planner and Executive Director, City Planning Division that it is agreeable to registering 169 and 175 Jones Avenue as one standard condominium corporation.

6.         City Council require that the owner shall provide for any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required for the infrastructure to support this development according to the site servicing assessment as accepted by the Executive Director, Technical Services.

7.         City Council require that the applicant be requested to establish a Construction Liaison Committee for the project and that the surrounding community is given contact information for the construction manager(s).

8.         City Council require that the applicant meet with the laneway residents and neighbours to the north and City Planning staff as part of the Site Plan and in particular address privacy screening on the north side.

9.         City Council request that Transportation Services examine and report back to Toronto and East York Community Council regarding the need for realignment of parking area 8C, and the exclusion of 169-175 Jones Avenue from the parking area.

10.       City Council request Transportation Staff to add the flare/curb on Sproat and Peyton Lane as part of the City’s 2011 work program.

11.       With respect to the Site Plan matters for the proposal, City Council direct that:

a.         Urban Forestry, Toronto Water, and Planning staff, in consultation with the Ward Councillor, work together to resolve the landscape plan for the north property line; and

b.         Technical Services staff ensure that the approved Site Plans show garbage storage bins located inside the building in an appropriate location, to the satisfaction of Technical Services staff, and that Toronto Buildings be so advised.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The application proposes to convert the existing church building, located at 175 Jones Avenue, into 19 residential units, add a 4-storey addition to the south of the church building (containing 20 residential units) and connect the buildings with a 2-storey link. One level of underground parking with access off the rear public lane is proposed.

The subject properties, 169 and 175 Jones Avenue, differ from the surrounding prevailing lot patterns and configuration.  Both lots are larger than the surrounding properties and previously contained non-residential uses; a place of worship and a former industrial use.

This infill residential project will conserve a local heritage resource, have heights, massing and scale appropriate for the site and be compatible with the adjacent residential area.  Considerable attention has been given to the relationship between this proposal and neighbouring properties to ensure adequate privacy, sunlight and sky views for residents of the new development and for existing residents.

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

The Toronto and East York Community Council recommends that:

1.         City Council approve the alterations to the property at 175 Jones Avenue, substantially in accordance with the plans and drawings prepared by Turner Fleischer Architects Inc. dated March 18, 2010, date stamped received by the City Planning Division on May 22, 2010 and including revised drawings A-7 and A-10 dated March 18, 2010, date stamped received by the City Planning Division March 26, 2010, and the Heritage Impact Assessment titled “St Clement's Anglican Church 169-175 Jones Avenue”, prepared by John Blumenson Preservation Consultant, revised April 6, 2010, dated stamped received by Heritage Preservation Services April 6, 2010, all on file with the Manager, Heritage Preservation Services, subject to the owner:

a.         Prior to Site Plan approval:

-           providing a Conservation Plan, prepared by a qualified heritage consultant, detailing the alterations and heritage conservation work including, but not limited to, drawings of all church building façades at 1:50 scale and a budget estimate for the heritage conservation scope of work to the satisfaction of the Manager of Heritage Preservation Services;

-           entering into a Heritage Easement Agreement for the property at 175 Jones Avenue with the City.

b.         Prior to the issuance of any building permit for 175 Jones Avenue including a permit for the demolition, excavation and/or shoring on the subject property:

-           providing a Letter of Credit in a form and an amount satisfactory to the Chief Planner and Executive Director, City Planning Division, to secure the heritage conservation work included in the Conservation Plan;

-           providing building permit drawings including detailed descriptions/ specifications for the proposed heritage conservation work to the satisfaction of the Manager, Heritage Preservation Services.

c.         Prior to the release of the Letter of Credit:

-           completing the heritage conservation work to the satisfaction of the Manager, Heritage Preservation Services;

-           providing a Letter of Substantial Completion for the conservation work signed by the project architect and heritage consultant;

-           providing heritage interpretation, such as a heritage plaque through the Heritage Toronto Plaques and Markers Program, to the satisfaction of the Manager, Heritage Preservation Services.

2.         City Council include the property at 175 Jones Avenue (St. Clement’s Anglican Church) on the City of Toronto Inventory of Heritage Properties.

3.         City Council state its intention to designate the property at 175 Jones Avenue (St. Clement’s Anglican Church) under Part IV, Section 29 of the Ontario Heritage Act.

4.         If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act,  City Council authorize the solicitor to introduce the Bills in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

5.         If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the Clerk to refer the proposed designation to the Conservation Review Board.

6.         If the proposed designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council’s decision on the proposed designation of the property.

7.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property.

8.         City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of a Heritage Easement Agreement.

This report recommends that City Council approve the proposed alterations to the heritage property at 175 Jones Avenue, the former St. Clement's Anglican Church.  This report further recommends the designation of this property under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

This report addresses an application to adaptively reuse the church structure as a residential condominium and construct a 4-storey residential condominium building.  The proposed rehabilitation project retains the original structure of the church.  Also, the existing addition to the rear of the church is to be removed and replaced with a new 3-storey addition.  Two new floor levels will be added to the interior of the existing church.

The proposed alterations are necessary to accommodate the new use for the church. The front (west) bay of the building will be conserved and will remain essentially as it is now with some minor alterations. The side and rear elevations will retain their important characteristics while undergoing alteration to incorporate new windows and doors.

The Toronto Preservation Board on April 30, 2010, considered the report (April 12, 2010) from the Acting Director, Policy and Research, City Planning, respecting 175 Jones Avenue - Alteration to a Heritage Property and Intention to Designate, Part IV, Section 29, Ontario Heritage Act and Authority to Enter Into a Heritage Easement Agreement.

The Toronto and East York Community Council recommends that:

1.         City Council state its intention to designate the property at 315 Bloor Street West (Dominion Meteorological Building) under Part IV, Section 29 of the Ontario Heritage Act.

2.         If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bills in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

3.         If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

4.         If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council’s decision on the designation of the property.

5.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property.

6.         City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of a Heritage Easement Agreement.

This report recommends that City Council state its intention to designate the property at 315 Bloor Street West under Part IV, Section 29 of the Ontario Heritage Act and to authorize the entering into of a Heritage Easement Agreement between the City and the University of Toronto, owners of the property.  The property at 315 Bloor Street West was listed on the City of Toronto Inventory of Heritage Properties in June 1973.

The property at 315 Bloor Street West, which is located on the southwest corner of Devonshire Place and Bloor Street West and contains the building originally known as the Dominion Meteorological Building, is being converted by the University of Toronto for the School of Global Affairs.  The University of Toronto has agreed to the designation of the property and to enter into a heritage easement agreement with the City.

The Toronto Preservation Board on May 28, 2010, considered the report (May 17, 2010) from the Acting Director, Policy and Research, City Planning, respecting 315 Bloor Street – Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act and Authority to Enter into a Heritage Easement Agreement.

The Toronto and East York Community Council recommends that:

1.         City Council state its intention to designate the property at 335 Yonge Street (Empress Hotel) under Part IV, Section 29 of the Ontario Heritage Act.

2.         If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bills in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

3.         If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

4.         If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council’s decision on the designation of the property.

5.         City Council direct Heritage Preservation Services to engage the services of a professional heritage consultant to provide a peer review of the engineering report submitted by the owner and to prepare alternative stabilization strategies that conserve the heritage values of the property as necessary.

This report recommends that City Council state its intention to designate the property at 335 Yonge Street (Empress Hotel) under Part IV, Section 29 of the Ontario Heritage Act.  The property was included on the City of Toronto Inventory of Heritage Properties in March 1974.

The property at 335 Yonge Street is located on the southeast corner of Yonge Street and Gould Street.  On April 16, 2010, a portion of the north (Gould Street) wall collapsed.

At its meeting of April 20, 2010, the Toronto and East York Community Council requested the Manager of Heritage Preservation Services to report to the May 28, 2010 meeting of the Toronto Preservation Board on the designation of the property under Part IV, Section 29 of the Ontario Heritage Act.

Following research and evaluation, staff have determined that the property meets Ontario Regulation 9/06, the provincial criteria prescribed for municipal designation under the Ontario Heritage Act.   The designation of the property would enable City Council to control alterations to the site, enforce heritage property standards and maintenance and refuse demolition.

The Toronto Preservation Board on May 28, 2010, considered the following report and communication:

1.         Report (May 17, 2010) from the Acting Director, Policy and Research, City Planning, respecting 335 Yonge Street  - Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act.

2.         E-mail (May 27, 2010) from Sean Gosnell, Borden Ladner Gervais LLP.

Sean Gosnell, Borden Ladner Gervais LLP addressed the Toronto Preservation Board

This report recommends that City Council include the property at 450 Pape Avenue (William Harris House) on the City of Toronto Inventory of Heritage Properties and state its intention to designate the property under Part IV, Section 29 of the Ontario Heritage Act.

At its meeting of September 15, 2009, Toronto and East York Community Council referred a letter dated September 10, 2009 from Councillor Paula Fletcher to the Director, Policy and Research, City Planning Division, to consider a request to have the property at 450 Pape Avenue designated as a heritage property and to report to the Toronto Preservation Board and Toronto and East York Community Council on this matter.

Following research and evaluation, staff have determined that the property at 450 Pape Avenue meets Regulation 9/06, the criteria prescribed by the Province of Ontario for municipal designation under Part IV, Section 29 of the Ontario Heritage Act.  If City Council states its intention to designate the property, the owner would be required to apply to Council for permission to alter and/or demolish the building and structures under Part IV, Sections 33 and 34 of the Ontario Heritage Act.

The Toronto Preservation Board on May 28, 2010, considered the report (March 29, 2010) from the Acting Director, Policy and Research, City Planning, respecting 450 Pape Avenue – Intention to Designate under part IV, Section 29 of the Ontario Heritage Act.

The Toronto and East York Community Council recommends that:

1.         City Council instruct the Chief Planner and Executive Director, City Planning to:

A.        Bring forward a draft official plan amendment and draft zoning by-law amendment for 15-27 Beverley Street and give notice of a public meeting under the Planning Act for the August 17, 2010, Toronto and East York Community Council meeting based on the 11-storey, June 18, 2010, revised proposal of the applicant, and including:

i.          an option for payment of cash-in-lieu for replacement of the existing rental housing units;

ii.         a tenant relocation and assistance plan satisfactory to the Chief Planner and Executive Director, City Planning Division,

to be secured through Section 37 of the Planning Act, including requiring a Section 37 Agreement be entered into with the City to secure the tenant assistance, such tenant assistance to have a maximum aggregate value in the order of $30,000, taking into consideration, amongst other things, length of tenure and current lawful rent.

B.        Hold a community consultation meeting to review the impact of the proposal pursuant to Chapter 667-14 of the Municipal Code and report to the August 17, 2010, Toronto and East York Community Council meeting with appropriate Section 111 recommendations to permit demolition in the event Council determines to permit the demolition of the existing dwelling units/residential rental units on the site, provided the owner:

i.          files with the City without delay, a Section 111 Application pursuant to Chapter 667 of the Municipal Code, for 6 residential rental dwelling units located on the development site;

ii.         files, without delay, an application for an official plan amendment related to the rental housing aspects of the application;

iii.        agrees to make a cash payment to the City in lieu of replacement of the 6 existing rental housing units in the amount of $770,000 such payment to be made on or before the earlier of the issuance of the first above grade building permit, such money to be paid to the City's Capital Revolving Fund For Affordable Housing for the purpose of constructing new affordable rental housing units;

iv.        agrees to provide tenant assistance which includes amongst other matters additional notice and a payment to assist tenants based on length of tenure and current lawful rents, to a maximum aggregate value in the order of $30,000 as set forth in i. above to be paid prior to the issuance of any demolition permit on the site;

v.         the maximum overall cash benefits will be in the order of $800,000, comprising not less than $770,000 cash in lieu for rental replacement together with tenant assistance in the order of a maximum of $30,000; and

vi.        applies to demolish the two listed buildings on the site, without delay.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The applicant proposes an 11-storey residential building at 15-27 Beverley Street. Townhouses with separate entrances are proposed along Beverley Street at the base of a 3-storey podium with a residential building above. Access for parking and loading is located off the public lane at the south side of the site. The proposal involves the demolition of existing buildings on the site, including all of the residential rental dwelling units, with no replacement rental housing to be provided.

This report reviews and recommends refusal of the application to amend the Zoning By-law for the following reasons:

-           The height is inappropriate and transition in scale between the proposed building and the residential area to the north is inadequate given the area context.

-           The proposal does not comply with the angular plane requirements within the Zoning By-law for the north elevation.

-           The applicant did not propose any replacement of the existing residential rental dwelling units together with similar rents and other related matters or an acceptable plan for tenant relocation and assistance and no application under Section 111 of the City of Toronto Act 2006 respecting rental housing was filed.

-           The applicant did not address the heritage attributes of the existing buildings.

The applicant submitted revised plans on May 5, 2010, to address staff’s concerns. Although the revisions did address some of staff’s concerns, issues related to the angular plane on the north elevation and the residential rental dwelling replacement are still unresolved. It is staff’s intention to continue working with the applicant to try to resolve the remaining issues.

The Toronto and East York Community Council recommends that:

1.         City Council endorse the draft amendment to the former City of Toronto Official Plan and Central Waterfront Secondary Plan (Attachment No. 3), the draft amendment to the former City of Toronto Official Plan (Attachment No. 4) and the draft amendment to Zoning By-law 438-86 for the former City of Toronto (Attachment No. 5) and direct staff to submit these documents, along with the required technical studies, to the Province as the basis for review and refinement of the draft amendments.  Attachments 3, 4 and 5 are all attachments to the June 16, 2010 report of the Director of Community Planning, Toronto and East York District.

2.         City Council direct staff to work with the provincial staff to achieve a revised flood management policy regime for the Lower Don Lands.

3.         City Council direct staff to revise the draft amendments, as appropriate, to address issues raised in this report.

4.         City Council direct staff to schedule a community consultation meeting together with the Ward Councillors.

5.         City Council direct that notice for the community consultation meeting be given to landowners and residents within 120 metres, and that notice be further defined through consultation with the Ward Councillors, TRCA, Waterfront Toronto, and a number of interested community groups and business owners, in consultation with the Ward Councillors.

6.         City Council direct staff to provide Notice of the Statutory Public Meeting to be held August 17, 2010 and that Notice be given in accordance to the Planning Act. 

Toronto Community Housing Corporation (TCHC) has made an application to remove the Holding Symbol (H) from the Zoning By-law for Phase 2 lands in Regent Park.

At its meeting of February 1-3, 2005, Council adopted a report dated January 4, 2005, from the Director of Community Planning, South District, recommending approval of the Regent Park Secondary Plan and an area-specific zoning by-law, subject to Holding provisions. The holding symbol may be removed incrementally or in phases. 

Staff and TCHC are continuing to work on the details for satisfying the requirements for Lifting of the H and due to time constraints related to funding and construction of an arts and cultural centre in Regent Park staff will require direction from City Council at the July 6, 2010 meeting.

A detailed report is being prepared and will be submitted directly to Toronto and East York Community Council on June 22, 2010 or to City Council on July 6, 2010.

The report will also provide recommendations on TCHC’s application for residential demolition in Phase 2 lands as well as funding arrangements with respect to constructing the public roads, sewers, and watermains in Phase 2.

The Toronto and East York Community Council recommends that:

1.         City Council instruct the City Solicitor to inform the Ontario Municipal Board that as the statutory time limit for Council to consider a zoning application as set out in the Planning Act has not yet expired, and the public and community consultation required by Section 5.5.1 (c) of the Official Plan has not yet occurred, prior to the writing of this report, it is not recommended that Council address the zoning application submitted by 162 Cumberland Street at this time.  However, this report and these recommendations are necessary for Council to provide instructions to the City Solicitor with regard to the City’s position for the upcoming Ontario Municipal Board hearing.

2.         City Council instruct the City Solicitor to inform the Ontario Municipal Board that the City has considered the new information put forward by 162 Cumberland Holdings Inc. and has chosen to change its position on the parking and loading space requirements set out in the Zoning By-law 1171-2009, as outlined in the chart which forms part of Recommendation 3, which is subject to preconditions.

3.         City Council instruct the City Solicitor to inform the Ontario Municipal Board that Council supports the following amendments to site specific By-law No. 1171-2009, provided that these amendments do not prejudice the request of the other parties and participants to the hearing. Furthermore, that any Bill to implement these amendments not be introduced to Council until such time as the Ontario Municipal Board has issued a Decision on Case No. PL100054:

a.         Permit up to 96 parking spaces in the Building B parking garage to be operated as a “parking garage” to be available for owners and occupants of Building A and B and also for users who are not occupants or customers of Building B.

b.         Revisions to Site Specific By-law, provided the necessary preconditions have been met, to the satisfaction of the General Manager of Transportation Services, in consultation with the Chief Planner and the City Solicitor:

The Toronto and East York Community Council:

1.         Determined that the community consultation meeting held on Monday, June 21, 2010, satisfies the requirement for such meetings as normally held after the Preliminary Planning Report has been heard on a Community Council agenda. Notice was given to landowners and residents within 120 metres of the site.

2.         Directed that notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

This application was made on January 27, 2010 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to: permit a public garage, eliminate “exclusive use” restrictions for the commercial and residential unit owners, specify 2 Type C loading spaces for the exclusive use of the non-residential component; and specify 1 at grade loading space primarily for the residential component of the building at 162-164 Cumberland Street.

This report provides preliminary information on the above-noted application and seeks Community Council's directions on further processing of the application and on the community consultation process.

The report also seeks to obtain Council’s Direction on Zoning By-law 1171-2009 which is currently before the Ontario Municipal Board.  It was the subject of a rezoning application for 150 Bloor Street/175 Cumberland Street and 162-164 Cumberland Street and is dealt with in Recommendations 4 and 5 of this report.

The Toronto and East York Community Council:

1.         Approved the application to demolish the subject residential building at 303 Adelaide Street West, without conditions.

In accordance with City-wide residential demolition control under Article II, Demolition Control, of Municipal Code Ch. 363, as amended by By-law No.1009-2006, enacted by the City Council on September 27, 2006 under the authority of section 33 of the Planning Act, I refer the demolition application for 303 Adelaide Street West to you, whether to grant or refuse the application, including any conditions, if any, to be attached to the permit.

This staff report is about a matter for which the community council has delegated authority from City Council to make a final decision.

The Toronto and East York Community Council:

1.         Approved the application to demolish the subject residential building at 84 Ava Road with the following conditions:

a.         All debris and rubble be removed immediately after demolition.

b.         Any holes on the property be backfilled with clean fill.

In accordance with City-wide residential demolition control under Article II, Demolition Control, of Municipal Code Ch. 363, as amended by By-law No.1009-2006, enacted by the City Council on September 27, 2006 under the authority of section 33 of the Planning Act, I refer the demolition application for 84 Ava Road to you, whether to grant or refuse the application, including any conditions, if any, to be attached to the permit.

This staff report is about a matter for which the community council has delegated authority from City Council to make a final decision.

The Toronto and East York Community Council deferred consideration of the report dated June 4, 2010, from the Acting Director, Toronto Building, Toronto and East York District, respecting the Residential Demolition Application – 655 Soudan Avenue, until its next meeting to be held on August 17, 2010.

In accordance with City-wide residential demolition control under Article II, Demolition Control, of Municipal Code Ch. 363, as amended by By-law No.1009-2006, enacted by the City Council on September 27, 2006 under the authority of section 33 of the Planning Act, I refer the demolition application for 655 Soudan Avenue to you, whether to grant or refuse the application, including any conditions, if any, to be attached to the permit.

This staff report is about a matter for which the community council has delegated authority from City Council to make a final decision.

The Toronto and East York Community Council refused the request for an exemption for the markings at 495-499 Eastern Avenue as an art mural and confirmed the notice; and further directed that a second notice be issued.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The applicant is the property owner who has requested a review of a notice given for graffiti in accordance with the provisions of the City of Toronto Municipal Code, Chapter 485 Graffiti to give consideration to the wall markings being classed as an Art Mural.

The Graffiti by-law provides in section 4E. that an owner on whom a notice has been issued may request that the issuance of the notice be reviewed by the Toronto and East York Community Council on the basis that the markings are exempt as an art mural.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The applicant being the property owner is seeking exemption to the provisions of the City of Toronto Municipal Code, Chapter 447 Fences, Section 447-2(B), to permit the existing wooden fence, at the rear of the property, to exceed the maximum allowable height. The Fence By-law provides that a fence can be constructed to a height of 2.0 metres.

The section of fence on the south side of the property is constructed to a height of approximately 1.98 metres and 15.07 metres in length. This section of fence is in compliance with the By-law.

The section of fence on the north side of the property is constructed to a height that ranges from 2.45 metres and 2.92 metres (which includes an overhead arbour and trellis structure). On the west side of the property, the gate is constructed to a height of 2.03 metres in height and 1.0 metre in length. Both the section of fence and the gate are not in compliance with the By-law.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The applicant, being the property owner is seeking exemption to the provisions of the City of Toronto Municipal Code, Chapter 447 Fences, Section 447-2(B), to permit a proposed wooden fence in the front yard, to exceed the maximum allowable height. The Fence By-law provides that a fence in the front yard area can be constructed to a height of 1.2 metres.

The proposed fences to be located in the front yard will both consist of a 2 metre high wooden fence. The first section of fence running parallel to the front lot line in line with the concrete block planter at the front of the house will be 15.24 metres in length. The second section to be located on the south side of the front yard abutting the first section of fence will be 2.03 metres in length. The two sections of proposed fence do not comply with the maximum permitted height of 1.2 metres for a front yard fence. (Attachments 1 and 2)

The Toronto and East York Community Council:

1.         Approved the boulevard café at 782B St. Clair Avenue West, noting that there is five feet clearance between the proposed patio and the utility pole (which is not directly in front of the patio, but just to the east of the patio) and seven feet between the patio and the edge of the sidewalk, noting that, according to the City of Toronto Accessibility Design Guidelines, five feet clearance is accessible for persons using mobility aids on public sidewalks in two-way pedestrian traffic.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

To report on the refusal to issue a permit by the Municipal Licensing and Standards based on the application for a boulevard café permit on the commercial frontage of 782B St. Clair Avenue West. 

The Toronto and East York Community Council:

1.         Approved the application for the proposed boulevard café located in front of 38 The Esplanade.

2.         Required the applicant to provide Municipal Licensing and Standards with a revised drawing to indicate that the proposed café be installed approximately 4.5m in from the curb.

3.         Required the applicant to provide access to the warranty holder and Urban Forestry for maintenance of the trees.

4.         Required the applicant not to install lighting on the trees for a period of 5 years from the date of approval.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

To report on the refusal to issue a permit by Municipal Licensing and Standards based on an objection received to the 14-day public posting on the application for a boulevard café permit located at 38 The Esplanade.

The Toronto and East York Community Council deferred consideration of the report dated May 31, 2010, from the Manager, Licensing Services, Municipal Licensing and Standards, until its next meeting to be held on August 17, 2010, with a request that:

1.         The GreekTown on the Danforth BIA and City staff of the BIA Office convene a meeting with the concerned speakers to examine whether there are conditions that would justify permitting a front patio at 511 Danforth Avenue.

2.         The BIA Office consult with the Municipal Licensing and Standards Division and the Toronto Police Service on all types of violations prior to the meeting.

3.         The owner undertake further acoustical assessment to determine whether a limiter can be placed in the bass, and submit a report to Municipal Licensing and Standards,

and further that the Manager, Licensing Services, Municipal Licensing and Standards report to the August 17, 2010 meeting on the outcome of the requests in 1 to 3 above.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

To report on the refusal to issue a permit by Municipal Licensing and Standards based on objections received to the 14-day public posting on the application for a boulevard café permit on the commercial frontage of 511 Danforth Avenue.

The Toronto and East York Community Council:

1.         Rescinded the one commercial boulevard parking licence at 61 College Street, La Plante Avenue Flank, as identified on Appendix ‘A’,  attached to report dated April 30, 2010, from the Manager, Right of Way Management, Transportation Services, Toronto and East York District, effective 45 days after the date of adoption of this report, and directed that a letter be sent to the licence holder advising of the cancellation of the licence.

This staff report is about a matter for which the Community Council has delegated authority from City Council to make a final decision.

Transportation Services is seeking authority to eliminate the commercial boulevard parking space on La Plante Avenue.  Permission to cancel commercial boulevard parking licences is granted as per the former City of Toronto Municipal Code Chapter 313-39 C(2), upon the General Manager providing 30 days' written notice to the licence holder advising of the pending cancellation of the licence.  The current licence holder will be given an opportunity to make a deputation before Community Council.

This staff report is about a matter which Community Council has delegated authority from City Council to make a final decision.

At the October 2, 2007 meeting of the Toronto and East York Community Council, Item TE9.24, Asphalt Paving Appeal – 55 Duncannon Drive (September 17, 2007) report from the Manager, Right of Way Management, Transportation Services, Toronto and East York District, the Committee directed that this matter be brought back to the Toronto and East York Community Council in November 2009 for reconsideration.

The Toronto and East York Community Council:

1.         Denied the request for front yard parking at 516 Balliol Street.

This staff report is about a matter which Community Council has delegated authority from City Council to make a final decision.

Transportation Services has assessed an appeal from the owner of 516 Balliol Street for front yard parking.  We do not recommend approval for front yard parking at this location because it does not meet the requirements of the City of Toronto Municipal Code Chapter 918.  The owner will be given an opportunity to make a deputation before Community Council.

The Toronto and East York Community Council approved the request for front yard parking at 234 Glenrose Avenue, with the following conditions:

1.         The applicant plant a tree in accordance with the requirements of the City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards.  The tree shall be a full shade canopy tree or approved equivalent, to the satisfaction of the General Manager of Parks, Forestry and Recreation.

2.         The applicant provide the landscape features substantially in accordance with the plan as shown on Appendix ‘D’, attached to the report dated May 27, 2010, from the Manager, Right of Way Management, Transportation Services, Toronto and East York District, to the satisfaction of the General Manager of Transportation Service.

3.         The applicant pay all applicable fees and comply with all other criteria set out in the City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards.

This staff report is about a matter which Community Council has delegated authority from City Council to make a final decision.

Transportation Services has assessed an appeal from the owner of 234 Glenrose Avenue for front yard parking.  While the property is in a ward where we cannot accept an application, it does however meet the physical requirements of the City of Toronto Municipal Code Chapter 918 and does meet all the requirements of the Code for an appeal.  The owner will be given an opportunity to make a deputation before Community Council.

This staff report is about a matter which Community Council has delegated authority from City Council to make a final decision.

Transportation Services has assessed an appeal from the owner of 840 Carlaw Avenue for front yard parking.  We do not recommend approval for front yard parking at this location because it does not meet the requirements of the City of Toronto Municipal Code Chapter 918.  The owner will be given an opportunity to make a deputation before Community Council.

This staff report is about a matter which Community Council has delegated authority from City Council to make a final decision.

Transportation Services has assessed an appeal from the owner of 842 Carlaw Avenue for front yard parking.  We do not recommend approval for front yard parking at this location because it does not meet the requirements of the City of Toronto Municipal Code Chapter 918.  The owner will be given an opportunity to make a deputation before Community Council.

The Toronto and East York Community Council:

1.         Denied the request for front yard parking at 73 Wolverleigh Boulevard.

This staff report is about a matter which Community Council has delegated authority from City Council to make a final decision.

Transportation Services has assessed an appeal from the owner of 73 Wolverleigh Boulevard for front yard parking.  We do not recommend approval for front yard parking at this location because it does not meet the requirements of the City of Toronto Municipal Code Chapter 918.  The owner will be given an opportunity to make a deputation before Community Council.

This staff report is about a matter which Community Council has delegated authority from City Council to make a final decision.

Transportation Services has assessed an appeal from the owner of 409 Scarborough Road for front yard parking.  We do not recommend approval for front yard parking at this location because it does not meet the requirements of the City of Toronto Municipal Code Chapter 918.  The owner will be given an opportunity to make a deputation before Community Council.

The Toronto and East York Community Council:

1.         Reduced the overnight on-street permit parking hours of operation on Alcina Avenue, between Bathurst Street and Wychwood Avenue, Benson Avenue, between Wychwood Avenue and Christie Street, Ellsworth Avenue, between Vaughan Road and Christie Street, Helena Avenue, between Bathurst Street and Wychwood Avenue, Hocken Avenue, between Vaughan Road and Wychwood Avenue, Slade Avenue, between Tyrrel Avenue and the north end of Slade Avenue, Tyrrel Avenue, between Slade Avenue and Christie Street, from 12:01 a.m. to 10:00 a.m., 7 days a week to 12:01 a.m. to 10:00 a.m., Monday to Friday and Sunday and 12:01 a.m. to 7:00 a.m. on Saturday.

2.         Reduced the overnight on-street permit parking hours on Hilton Avenue, between Melguard Road and Austin Terrace from 12:01 a.m. to 10:00 a.m., 7 days a week to 12:01 to 7:00 a.m., 7 days a week.

This staff report is about a matter which Community Council has delegated authority from City Council to make a final decision.

A request was received by Councillor Joe Mihevc requesting the reduction of the overnight on-street permit parking hours on Saturdays only on Alcina Avenue, between Bathurst Street and Wychwood Avenue, Benson Avenue, between Wychwood Avenue and Christie Street, Ellsworth Avenue, between Vaughan Road and Christie Street, Helena Avenue, between Bathurst Street and Wychwood Avenue, Hocken Avenue, between Vaughan Road and Wychwood Avenue, Slade Avenue, between Tyrrel Avenue and the north end of Slade Avenue, Tyrrel Avenue, between Slade Avenue and Christie Street, from 12:01 a.m. to 10:00 a.m. to 12:01 a.m. to 7:00 a.m.

A request was also received by Councillor Mihevc requesting the reduction of overnight on-street permit parking hours on Hilton Avenue, between Melguard Road and Austin Terrace from 12:01 a.m. to 10:00 a.m., 7 days a week to 12:01 a.m. to 7:00 a.m., 7 days a week.

The reduction of the overnight on-street permit parking hours would allow non permit holders, such as visitors to the area, tradespersons, and patrons attending the Wychwood Barns Farmer’s Market, to park during non-permit parking hours, without being subject to tagging by Parking Enforcement.

This staff report is about a matter which Community Council has delegated authority from City Council to make a final decision.

Transportation Services has assessed a request from the agent of the owners of 123/125 Yorkville Avenue to install and maintain a set of doors that, when open, will encroach within the public right of way fronting 123/125 Yorkville Avenue.

Transportation Services has reviewed the proposal and does not recommend approval as it does not meet the guidelines established for installations affecting the public right of way.  Additionally, the operation of the encroaching door has the potential to create sidewalk safety hazards.

The owner together with any other interested parties will be given an opportunity to make a deputation before Community Council.

The Toronto and East York Community Council recommends that:

1.         City Council deny the request for a permit to remove one (1) privately-owned tree located at the rear of 249 Dewhurst Boulevard North.

This report requests that City Council deny the request to remove a privately-owned tree, located at 249 Dewhurst Boulevard North. The homeowner is concerned that the tree is in decline and would like to remove and replace it.

The tree in question is a 97 cm diameter Norway maple tree in fair condition. With proper care and maintenance, the tree should continue to provide benefits to the community for many years. Urban Forestry cannot support removal of this tree due to its viable condition.

The purpose of this information report is to inform City Council that Heritage Preservation Services does not currently have the staff resources required to accommodate the recommendation of Toronto East York Community Council to report on necessary amendments to the designation by-laws for the properties at 214 and 260 King Street West, nor to complete the designation reports for the properties at 212, 220, 266-270 and 274 King Street West by the requested date of June 22, 2010. This report also informs Council of the dates for which a report can be prepared.

The Toronto and East York Community Council:

1.         Determined that the community consultation meeting held for 180 Shaw Street on Tuesday May 25, 2010, satisfies the requirement for such a meeting as normally held after the Preliminary Planning Report has been heard on a Community Council agenda.  Notice for the community meeting was given to landowners and residents within 120 metres of the site and in accordance with the regulations of the Planning Act.

2.         Directed that notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to convert the existing, vacant public school at 180 Shaw Street into a centre for arts and community programming. The centre will be run by Artscape and will consist of artist studios and non-profit arts and community use space.

This report provides preliminary information on the above-noted applications and seeks Community Council's directions on further processing of the applications. The application has been circulated to City departments, where necessary, for comment.

A community meeting was held in the neighbourhood on Tuesday May 25, 2010.

The Toronto and East York Community Council directed that:

1.         Staff schedule a community consultation meeting for the lands at the western part of 18 York 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.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to add office use to the permitted use of the property located at the western part of 18 York Street (known as Block 7B, Railway Lands East, northeast corner of Lower Simcoe Street and Bremner Boulevard).

This report provides preliminary information on the above-noted application and seeks Community Council's directions on further processing of the application and on the community consultation process.

The next step is to conduct a community consultation meeting to enable the public to review and provide input on the application. This meeting is expected to take place in June 2010.

The Toronto and East York Community Council directed that:

1.         Staff schedule a community consultation meeting for the lands at 580-596 Church Street and 67-71 Gloucester 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, and to additional residents and owners to be determined in consultation with the Ward Councillor and the BIA for the neighbourhood, with any additional mailing costs to be borne by the applicant.

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

This application was made on April 19, 2010 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The application proposes a 25-storey mixed-use building with a three to seven-storey podium, retail uses at grade, 193 residential units and two levels of underground parking for the property at 580-596 Church Street and 67-71 Gloucester Street.  The proposed development also involves the demolition of two listed heritage properties, partial retention only of two listed heritage properties (front facades and part of side walls) and the retention of one listed heritage property. One 2½-storey 1909 residence will also be demolished.

An application for Rental Housing Demolition and Conversion under Section 111 of the City of Toronto Act (Chapter 667 of the Municipal Code) has been submitted with the rezoning application for the subject property.  The 35 rental units on the subject property may not be demolished unless the City approves the Section 111 application, which is being reviewed concurrently with the rezoning application.

This report provides preliminary information on the above-noted application and seeks Community Council's direction on further processing of the application and the consultation process.

The Toronto and East York Community Council directed that:

1.         Staff schedule a community consultation meeting for the lands at 7, 15, 25R, 29 and 39 Queens Quay 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.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to construct three mixed use buildings containing retail at grade and residential above at 7, 15, 25R, 29 and 39 Queens Quay East. The easterly buildings will have heights of 13 storeys each and the westerly building will have a height of 35 storeys, with a combined total of 614 dwelling units.

This is the second phase of a development of a total of seven buildings and public open space located along the Yonge Street Slip and the water’s edge.

This report provides preliminary information on the above-noted application and seeks Community Council's directions on further processing of the application and on the community consultation process.

A community consultation meeting to enable the public to review and provide input on the application is expected to take place in June 2010. A statutory public meeting is targeted for the first quarter of 2011.

The Toronto and East York Community Council directed that:

1.         Staff schedule a community consultation meeting for 140-162 Broadview 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.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes 65 residential units in two blocks 3½ storeys above grade, and underground parking at 140-162 Broadview Avenue.  The proposal involves the demolition of the existing buildings including 7 residential rental dwelling units.  No replacement rental housing is proposed.  An application under Section 111 of the City of Toronto Act, 2006 has been filed.

This report provides preliminary information on the above-noted applications and seeks Community Council's directions on further processing of the applications and on the community consultation process.

There is additional information that is required to be submitted including; grade elevations through the site in order to understand how the basement units will work, outdoor amenity space and dimensions for the underground parking and ramp.  The plans submitted do not provide sufficient information to assess the proposal’s compliance with the City’s Zoning By-law.  Fully dimensioned drawings, floor plans, site plan and the full statistics for the proposal are required.

A community consultation meeting is targeted for the late fall.  The statutory Public Meeting is targeted for spring 2011.  The target dates assume that the applicant will provide all required information in a timely manner.

The Toronto and East York Community Council directed that:

1.         Staff schedule a community consultation meeting for 2223 and 2225 Gerrard Street 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.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes a 6-storey mixed-use building containing 2 live work units at grade and 22 residential units at 2223 and 2225 Gerrard Street East.

This report provides preliminary information on the above-noted application and seeks Community Council's directions on further processing of the application and on the community consultation process.

A community consultation meeting is targeted in the fall of 2010, with the statutory meeting targeted for winter 2011.  The target date assumes that the applicant will provide all of the required information in a timely manner.

The application has been circulated to City departments and external agencies, where appropriate, for comment.

The Toronto and East York Community Council:

1.         Approved the park name “Sherbourne Common”, selected by Toronto residents in the public naming competition for the new park in the East Bayfront neighbourhood, located on the north and south sides of Queens Quay East, just east of lower Sherbourne Street, with the judging criteria respecting the City’s parameters for naming parks.

This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision.

This report responds to the direction of Toronto and East York Community Council, at its March 9th, 2010 meeting (TE32.19), authorizing a public competition to select a name for the new park in the East Bayfront neighbourhood, located on the north and south sides of Queens Quay East, just east of Lower Sherbourne Street. The competition has ended and the new name chosen is “Sherbourne Common.”

The Parks, Forestry, and Recreation Division is recommending that the park name selected by Toronto residents, “Sherbourne Common,” be officially adopted as the name of the new park. 

The Toronto and East York Community Council:

1.         Approved the installation of the ductbank within the public right of way linking 17 Russell Street to1 King’s College Circle, subject to the property owners entering into an encroachment agreement with the City of Toronto, agreeing to but not limited to the following:

a.         indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result from such permission granted and providing an insurance policy for such liability for the lifetime of the Agreement in a form as approved by the Deputy City Manager and Chief Financial Officer and in an amount not less than $2,000,000 or such greater amount as the Deputy City Manager and Chief Financial Officer may require;

b.         maintain the ductbank at their own expense in good repair and a condition satisfactory to the General Manager of Transportation Services and will not make any additions or modifications to the encroachment, beyond what is allowed under the terms of the Agreement;

c.         limit the life of the agreement to the removal of the encroachment or the date of the demolition of the buildings being serviced by the ductbank, whichever is the less;

d.         provide “as-constructed” drawings within 90 days of completing the construction of the ductbank;

e.         notify the City of any contemplated third-party use of the ductbank, conduit, or right of way, such that the agreement will be subject to renegotiation;

f.          provide a certified cheque or letter of credit in the amount of $75,000.00 to cover the cost of the permanent repairs associated with the restoration of the pavement, sidewalk, curb, and boulevard, and agree to pay all other associated costs that may exceed this amount;

g.         pay an annual encroachment fee of $25.93 per lineal metre of ductbank (2010 fees), to be adjusted annually by the Consumer Price Index (“CPI”);

h.         obtain clearance and/or sign-off from Toronto Water and satisfy any requirements that Toronto Water may have; and

i.          accept such additional conditions as the City Solicitor or the General Manager of Transportation Services may deem necessary in the interest of the City.

2.         Directed Legal Services and/or the General Manager of Transportation Services to extend the Encroachment Agreement to the new owner, in the event of sale or transfer of the property abutting the encroachment, subject to the approval of the General Manager of Transportation Services.

3.         Should Community Council decide to authorize the installation of the ductbank for the University of Toronto, granted authority to the General Manager of Transportation Services to amend the proposed agreement should future requests for the installation of ductbanks be required by University of Toronto.

4.         Requested Legal Services to prepare and execute the Encroachment Agreement.

This staff report is about a matter which Community Council has delegated authority from City Council to make a final decision.

Transportation Services has assessed a request for the installation of a ductbank within the public right of way linking 17 Russell Street to 1 King’s College Circle. 

As the installation of the ductbank will not impact negatively on the public right of way, Transportation Services recommends approval of this request.

The Toronto and East York Community Council:

1.         Approved the maintenance of the existing doors that when open encroach approximately 0.8 m into the public lane flank of 772 Queen Street East, subject to the owners entering into an encroachment agreement with the City of Toronto, agreeing to but not limited to the following:

a.         indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages, and expenses that may result from such permission granted and providing of an insurance policy for such liability;

b.         maintain the doors at their own expense in good repair and a condition satisfactory to the General Manager of Transportation Services and will not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement;

c.         remove the doors upon receiving 90 days' written notice to do so;

d.         accept such additional conditions as the City Solicitor or the General Manager of Transportation Services may deem necessary in the interest of the City.

2.         Directed Legal Services and/or the General Manager of Transportation Services to extend the Encroachment Agreement to the new owner, in the event of sale or transfer of the property abutting the encroachment, subject to the approval of the General Manager of Transportation Services.

This staff report is about a matter which Community Council has delegated authority from City Council to make a final decision.

Transportation Services has received an application from the agent of the property owner of 772 Queen Street East for the maintenance of a set of double doors that when open, encroach approximately 0.8 m into the public lane flank of 772 Queen Street East.

As the door swing encroachments do not negatively impact on the public right of way, Transportation Services recommends approval of the encroachments.

The Toronto and East York Community Council:

1.         Approved the installation of decorative sidewalks with concrete pavers, 2 silva cell systems, pedestrian scale lighting columns, and in-ground lighting within the public right of way, fronting 122 Bond Street, 25 Gould Street and the Victoria Street flank, subject to the owners entering into an encroachment agreement with the City of Toronto, agreeing to but not limited to the following:

a.         indemnify the City from and against all actions, suits, claims or demands and from loss, costs, damages and expenses that may result from such permission granted and providing an insurance policy for such liability for the life time of the Agreement in a form as approved by the Deputy City Manager and Chief Financial Officer and in an amount not less than $2,000,000 or such greater amount as the Deputy City Manager and Chief Financial Officer may require;

b.         maintain the decorative sidewalks with concrete pavers, 2 silva cell systems, pedestrian scale lighting columns, and in-ground lighting at their own expense in good repair and a condition satisfactory to the General Manager of Transportation Services and will not make any additions or modifications to the encroachments beyond what is allowed under the terms of the Agreement;

c.         indemnify the City and utility/telecommunication companies of any damage sustained to the decorative sidewalks with concrete pavers, 2 silva cell systems, pedestrian scale lighting columns, and in-ground lighting in the event of a need to access the area;

d.         obtain clearances and/or sign offs from all affected public utilities within the proposed area of construction and satisfy any requirements they may have;

e.         remove the encroachments upon receiving 90 days' written notice to do so;

f.          pay for the costs of preparing the Agreement and the registration of the Agreement on title;

g.         in the event that the City requires the removal of the decorative sidewalks with concrete pavers, 2 silva cell systems, pedestrian scale lighting columns, and in-ground lighting, the owner is responsible for restoring the area affected to standard concrete curb and sidewalk, or, alternatively, pay the costs for the work if the work is to be carried out by the City;

h.         satisfy any further conditions of approval provided from Development Engineering and Toronto Water upon their review; and

i.          accept such additional conditions as the City Solicitor or the General Manager of Transportation Services may deem necessary in the interest of the City.

2.         In the event of sale or transfer of the property abutting the encroachment, authorized Legal Services and/or the General Manager of Transportation Services to extend the Encroachment Agreement to the new owner, subject to the approval of the General Manager of Transportation Services.

3.         Requested Legal Services to prepare and execute the Encroachment Agreement.