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

1.         City Council enact the draft by-law from the City Solicitor to permanently close as a public highway the portion of the public lane abutting the east limit of 295 Adelaide Street West, described as follows:

Part of PIN 21412-0183 (LT)

Being a portion the Lane on Plan 37E,

Designated as Part 1 on Plan 66R-24890

Land Titles Division of the Toronto Registry Office (No. 66).

The Toronto and East York Community Council recommends that:

1.         City Council enact the draft by-law from the City Solicitor to permanently close as a public highway the portion of the public lane abutting the east limit of 295 Adelaide Street West, described as follows:

Part of PIN 21412-0183 (LT)

Being a portion the Lane on Plan 37E,

Designated as Part 1 on Plan 66R-24890

Land Titles Division of the Toronto Registry Office (No. 66).

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

1.         City Council enact the draft by-law from the City Solicitor to permanently close as a public highway the portion of the public highway known as MacPherson Avenue, described as follows:

Part of PIN 21218-0161 (LT)

Part of Lots 1 and 2, Plan M162, part of MacPherson Avenue, Plan M18

Designated as Part 1 on Plan 66R-25014

City of Toronto

                        Land Titles Division of the Toronto Registry Office, (No. 66).

The Toronto and East York Community Council recommends that:

1.         City Council enact the draft by-law from the City Solicitor to permanently close as a public highway the portion of the public highway known as MacPherson Avenue, described as follows:

Part of PIN 21218-0161 (LT)

Part of Lots 1 and 2, Plan M162, part of MacPherson Avenue, Plan M18

Designated as Part 1 on Plan 66R-25014

City of Toronto

                        Land Titles Division of the Toronto Registry Office, (No. 66).

To enact a by-law to permanently close an untravelled portion of MacPherson Avenue, abutting 262 Avenue Road, and be sold upon the terms and conditions set out in Toronto and East York Community Council Item  TE33.41, as adopted by City Council at its meeting held on May 11 and 12, 2010.

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

1.         City Council enact the draft by-law from the City Solicitor to permanently close as a public highway the portion of Market Street, described as follows:

Part of PIN 21397-0049 (LT)

Being Part of West Market Place, The Esplanade Plan 5A Toronto (AKA Market Street) Between The Esplanade and ES6852; Toronto,

designated as Part 1 on Plan 66R-25034 City of Toronto

Land Titles Division of the Toronto Registry Office (No. 66).

The Toronto and East York Community Council recommends that:

1.         City Council enact the draft by-law from the City Solicitor to permanently close as a public highway the portion of Market Street, described as follows:

Part of PIN 21397-0049 (LT)

Being Part of West Market Place, The Esplanade Plan 5A Toronto (AKA Market Street) Between The Esplanade and ES6852; Toronto,

designated as Part 1 on Plan 66R-25034 City of Toronto

Land Titles Division of the Toronto Registry Office (No. 66).

To enact a by-law to permanently close a portion of Market Street as a public highway in accordance with the terms and conditions set out in Toronto and East York Community Council Item TE34.44, as adopted by City Council at its meeting held on June 8 and 9, 2010.

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

1.         City Council amend Zoning By-law 438-86, for the lands at 1205 Queen Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the July 21, 2010 report 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 approve the proposed development at 1205 Queen Street West prior to the completion of an Avenue study.

4.         City Council require, prior to the enactment of Bills, written confirmation to the Chief Planner and Executive Director, City Planning Division from the Executive Director of Technical Services that all outstanding issues with respect to the applicant's Site Servicing and Stormwater Management Reports have been addressed to their satisfaction.

5.         City Council authorizes City officials to take all necessary steps to give effect to the above-noted recommendations.

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86, for the lands at 1205 Queen Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the July 21, 2010 report 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 approve the proposed development at 1205 Queen Street West prior to the completion of an Avenue study.

4.         City Council require, prior to the enactment of Bills, written confirmation to the Chief Planner and Executive Director, City Planning Division from the Executive Director of Technical Services that all outstanding issues with respect to the applicant's Site Servicing and Stormwater Management Reports have been addressed to their satisfaction.

5.         City Council authorizes City officials to take all necessary steps to give effect to the above-noted recommendations.

The application was made prior to January 1, 2007 and is not subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The applicant seeks permission to construct an eight (8) storey residential condominium consisting of 66 dwelling units with retail at grade at 1205 Queen Street West. Access to parking and loading for the proposed building will be from the lane on the south edge of the property and a total of 64 parking spaces will be provided.

Mid-rise housing is an important form of development creating new housing and shopping opportunities and helps the City address reurbanization objectives on Avenues.

Queen Street West continues to experience growth and reinvestment east of the CNR/CPR railway corridor. This is the first project proposed for the area west of the rail corridor and represents a form of development that is consistent and compatible with its surroundings.

This report recommends approval of the application to amend the Zoning By-law to permit the proposed development.

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

1.         City Council refuse Application No. 10 213474 STE 18 OZ for 953 Dufferin Street because a ‘house behind a house’:

-           conflicts with the Growth Plan for the Greater Golden Horseshoe;

-           is inconsistent with the Provincial Policy Statement;

-           does not conform to the Official Plan; and

-           is not permitted by Zoning By-law 438-86.

2.         City Council instruct the City Solicitor, together with the appropriate City staff, to attend any Ontario Municipal Board hearing for Application No. 10 213474 STE 18 OZ to support the positions recommended in the report dated July 27, 2010 from the Director, Community Planning, Toronto and East York District.

The Toronto and East York Community Council recommends that:

1.         City Council refuse Application No. 10 213474 STE 18 OZ for 953 Dufferin Street because a ‘house behind a house’:

-           conflicts with the Growth Plan for the Greater Golden Horseshoe;

-           is inconsistent with the Provincial Policy Statement;

-           does not conform to the Official Plan; and

-           is not permitted by Zoning By-law 438-86.

2.         City Council instruct the City Solicitor, together with the appropriate City staff, to attend any Ontario Municipal Board hearing for Application No. 10 213474 STE 18 OZ to support the positions recommended in the report dated July 27, 2010 from the Director, Community Planning, Toronto and East York District.

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 rezone the property at 953 Dufferin Street to permit a two-storey “house behind a house” and the conversion of the main house into a converted house containing six dwelling units with an average size of 41.7 square metres.

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

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

1.         City Council amend the Official Plan for the lands at 180 Shaw Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 6 of the report dated July 23, 2010 from the Director, Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 438-86, for the lands at 180 Shaw Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report dated July 23, 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.

The Toronto and East York Community Council recommends that:

1.         City Council amend the Official Plan for the lands at 180 Shaw Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 6 of the report dated July 23, 2010 from the Director, Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 438-86, for the lands at 180 Shaw Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report dated July 23, 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.

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 non-profit arts and community use space.

The proposal is to convert a vacant school site to a centre for non-profit arts and community uses such as artist studios, galleries, offices for small non profit agencies and a small cafe. The site is located in an area identified as having the fifth highest concentration of artists in all of Canada, many of whom need dedicated space to create and sell their art. The proposed uses are low impact and will not significantly increase the demands on the site or surrounding Neighbourhood. Further, the number of people using the site will be significantly less than when the site was used as a public school.

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

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

1.         City Council amend the Official Plan for 15-27 Beverley Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to the report from the Director, Community Planning, Toronto and East York District, dated July 29, 2010.

2.         City Council amend Zoning By-law 438-86, as amended, for 15-27 Beverley Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report from the Director, Community Planning, Toronto and East York District, dated July 29, 2010.

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

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor as follows:

a.         The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.          A Tenant Relocation and Assistance Plan for residential tenants in the existing buildings to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in accordance with more detailed terms as set forth in the draft by-law attached as Attachment 6.

ii.         A contribution in the amount of $770,000 for cash-in-lieu of replacement of the six (6) residential rental housing units existing on the lot at the time of the application to be paid to the City’s Capital Revolving Fund for Affordable Housing for the purpose of constructing new affordable housing units.

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

i.          The owner shall provide a minimum of nine (9) residential units in the building having at least three bedrooms.

5.         City Council approve the application to demolish the five (5) existing buildings that include 6 residential rental housing units located at 15-27 Beverley Street pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for payment of cash-in-lieu of replacement of the rental housing, and tenant relocation assistance:

a.         the owner shall provide A Tenant Relocation and Assistance Plan for residential tenants in the existing buildings to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in accordance with more detailed terms as set forth in the draft by-law attached as Attachment 6 to the report (July 29, 2010) from the Director, Community Planning, Toronto and East York District;

b.         the owner shall pay to the City, prior to the issuance of the first above grade building permit, the sum of $770,000 for cash-in-lieu of replacement of the 6 residential rental housing units existing on the lot at the time of the application to be paid to the City’s Capital Revolving Fund for Affordable Housing for the purpose of constructing new affordable housing units; and

c.          the owner shall enter into and register one or more Section 111 Agreements to secure the conditions outlined in a. and b. above and as described in Appendix 1 of the draft Zoning By-law Amendment (Attachment 6) to the report (July 29, 2010) from the Director, Community Planning, Toronto and East York District, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division.

6.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval to the application under Municipal Code Chapter 667 for demolition of the six (6) rental housing units after the latest of the following has occurred: the satisfaction of the conditions in Part 5 above; the Official Plan Amendment and Zoning By-law Amendment in Parts 1 and 2 above have come into full force and effect; and the issuance of the site plan approval for the development by the Chief Planner and Executive Director, City Planning or his designate, pursuant to Section 114 of the City of Toronto Act, 2006.

7.         City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Part 6 above for the existing rental housing units.

8.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act for the existing rental housing units no earlier than issuance of the first building permit for the foundation of the new building, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Part 7 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1E, of the Municipal Code, on condition that:

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

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 such sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

9.         City Council confirm that its decision of July 6, 7 and 8, 2010, respecting Recommendation 3 contained in Item PG39.11, headed “Short Term Delegation Authority to Deal with Applications under Parts IV and V of the Ontario Heritage Act During and After the 2010 Municipal Election”, directing the Chief Planner to designate listed properties after the last City Council meeting of the term until the resumption of regular City Council meetings following the October 2010 municipal election when an application to demolish a listed property is submitted,  is not intended to apply to the two (2) existing buildings at 15 and 27 Beverley Street.

The Toronto and East York Community Council recommends that:

1.         City Council amend the Official Plan for 15-27 Beverley Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to the report from the Director, Community Planning, Toronto and East York District, dated July 29, 2010.

2.         City Council amend Zoning By-law 438-86, as amended, for 15-27 Beverley Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report from the Director, Community Planning, Toronto and East York District, dated July 29, 2010.

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

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor as follows:

a.         The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.          A Tenant Relocation and Assistance Plan for residential tenants in the existing buildings to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in accordance with more detailed terms as set forth in the draft by-law attached as Attachment 6.

ii.         A contribution in the amount of $770,000 for cash-in-lieu of replacement of the six (6) residential rental housing units existing on the lot at the time of the application to be paid to the City’s Capital Revolving Fund for Affordable Housing for the purpose of constructing new affordable housing units.

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

i.          The owner shall provide a minimum of nine (9) residential units in the building having at least three bedrooms.

5.         City Council approve the application to demolish the five (5) existing buildings that include 6 residential rental housing units located at 15-27 Beverley Street pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for payment of cash-in-lieu of replacement of the rental housing, and tenant relocation assistance:

a.         the owner shall provide A Tenant Relocation and Assistance Plan for residential tenants in the existing buildings to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in accordance with more detailed terms as set forth in the draft by-law attached as Attachment 6;

b.         the owner shall pay to the City, prior to the issuance of the first above grade building permit, the sum of $770,000 for cash-in-lieu of replacement of the 6 residential rental housing units existing on the lot at the time of the application to be paid to the City’s Capital Revolving Fund for Affordable Housing for the purpose of constructing new affordable housing units; and

c.          the owner shall enter into and register one or more Section 111 Agreements to secure the conditions outlined in a. and b. above and as described in Appendix 1 of the draft Zoning By-law Amendment (Attachment 6), to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division.

6.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval to the application under Municipal Code Chapter 667 for demolition of the six (6) rental housing units after the latest of the following has occurred: the satisfaction of the conditions in Recommendation 5; the Official Plan Amendment and Zoning By-law Amendment in Recommendations 1 and 2 have come into full force and effect; and the issuance of the site plan approval for the development by the Chief Planner and Executive Director, City Planning or his designate, pursuant to Section 114 of the City of Toronto Act, 2006.

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

8.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act for the existing rental housing units no earlier than issuance of the first building permit for the foundation of the new building, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 7 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1E, of the Municipal Code, on condition that:

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

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 such sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

9.         In the event City Council adopts Recommendations 1 to 8 in the July 29, 2010 report of the Director, Community Planning, Toronto and East York District, City Council confirm that its decision of July 6, 7 and 8, 2010, respecting Recommendation 3 contained in Item PG39.11, headed “Short Term Delegation Authority to Deal with Applications under Parts IV and V of the Ontario Heritage Act During and After the 2010 Municipal Election”, directing the Chief Planner to designate listed properties after the last City Council meeting of the term until the resumption of regular City Council meetings following the October 2010 municipal election when an application to demolish a listed property is submitted,  is not intended to apply to the two (2) existing buildings at 15 and 27 Beverley Street.

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. Two buildings listed on the City’s Inventory of Heritage Properties would also be demolished.

As directed by City Council at its meeting on July 6 and 7, 2010, this report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law, and approval of the application to demolish the existing residential buildings without requiring the replacement of the residential rental units.  An application to demolish the listed heritage buildings on-site has been submitted to Heritage Preservation Services and is currently under review.

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

1.         City Council amend Zoning By-law No. 168-93, as amended, for the former City of Toronto, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the July 20, 2010 report from the Director of Community Planning, Toronto and East York District, further amended to include the provision of a taxi stand on the hotel property.

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

3.         Before introducing the necessary Bill to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 16 of the City of Toronto Act satisfactory to the Chief Planner and Executive Director, City Planning Division, and the City Solicitor, such agreement to be registered on title to the lands in a manner satisfactory to the City Solicitor, to secure the following facilities, services and matters:

a.         the owner shall pay for and construct improvements to the municipal infrastructure in connection with the proposed development, as directed by the Executive Director of Technical Services, should it be determined that improvements to such infrastructure are required to support this development.

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law No. 168-93, as amended, for the former City of Toronto, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the July 20, 2010 report from the Director of 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.         Before introducing the necessary Bill to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 16 of the City of Toronto Act satisfactory to the Chief Planner and Executive Director, City Planning Division, and the City Solicitor, such agreement to be registered on title to the lands in a manner satisfactory to the City Solicitor, to secure the following facilities, services and matters:

a.         the owner shall pay for and construct improvements to the municipal infrastructure in connection with the proposed development, as directed 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 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 reviews and recommends approval of the application to amend the Zoning By-law to permit office uses on the lands in question.

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

1.         City Council amend Zoning By-law 438-86 for 277  Davenport Road, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report dated July 21, 2010, from the Director of 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 request the Chief Planner and Executive Director, City Planning, to include the properties on both sides of Davenport Road from Dupont Street to Avenue Road, and Dupont Street between Davenport Road and Avenue Road as part of the Dupont Street Avenue Study.

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86 for 277  Davenport Road, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report dated July 21, 2010, from the Director of 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 request the Chief Planner and Executive Director, City Planning, to include the properties on both sides of Davenport Road from Dupont Street to Avenue Road, and Dupont Street between Davenport Road and Avenue Road as part of the Dupont Street Avenue Study.

This application was submitted on May 16, 2008 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The application proposes the construction of a 6 storey mixed-use building at 277 Davenport Road.  It will replace a vacant one storey commercial building.  The proposed building consists of 9 dwelling units and 1 commercial unit as well as two levels of underground parking containing 24 parking spaces.

The City Planning Division is recommending approval of the proposed development based on it being substantially in compliance with the development criteria for Mixed Use Areas,  Built Form and other Official Plan policies as well as urban design guidelines.

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

1.         City Council amend Zoning By-law 438-86, as amended, for 355 King Street West, part of 343 King Street West and 119 Blue Jays Way, substantially in accordance with the draft Zoning By-law Amendment  attached as Attachment 9 to the August 16, 2010 report 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.         Before introducing the necessary Bills for enactment, City Council authorize the appropriate City officials and require the owner to execute an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning Division, and the City Solicitor.  Such agreement shall be registered on title to the lands in a manner satisfactory to the City Solicitor, to secure the following facilities, services and matters:

a.         An indexed cash contribution of $1,250,000.00 of which 10 per cent will be allocated to affordable housing in Ward 20, and the remainder for the provision of one or more of the following:

-           capital improvements to non-profit arts and cultural facilities in Ward 20;

-           streetscape improvements to John Street and Mercer Street;

-           design development supporting the John Street streetscape project.

b.         The indexed cash contribution is to be provided prior to the issuance of an above-grade building permit.

c.         Provision of a minimum of 900 sq.m. within the project for one or more non-profit arts, cultural, community or institutional facilities to be approved by the Executive Director, Cultural Services, in consultation with the Ward Councillor or an appropriate alternate community benefit to be negotiated with City Planning staff and the Ward Councillor, acting reasonably, should the cultural space not be viable.

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

d.         Construction, provision and maintenance of a mid-block pedestrian connection through the project from Mercer Street to King Street West.

e.         The owner shall provide a minimum of ten percent (10%) of the residential units in the building having at least three bedrooms.

f.          Architectural plans, elevations and landscaping including 1:50 elevations will be secured to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the owner will be required to, in conjunction with each Site Plan Application submit 1:50 scale drawings in conformity with this requirement for the seven storey podium.

g.         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.

h.         Prior to the issuance of any building permit for the site, including shoring and excavation, the owner shall have obtained title to the land shown on Attachment 5 and labelled “Old Lane” and shall have conveyed to the City the land labelled as “New Lane”.

i.          Provision of detailed design drawings showing drainage patterns from the public lane located on the east side of the site, locations of proposed catch basins, transitioning of grades along the centreline and limits of the laneway curb cut details on Mercer Street and all proposed underground utility relocations form the existing laneway to the proposed new laneway to the satisfaction of the City’s Executive Director of Technical Services prior to the issuance of any building permits for the site.

j.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist on file with the Chief Planner and Executive Director. City Planning Division, date-stamped June 3, 2009.

k.         Submission of a wind study to be submitted as part of an application for Site Plan Approval for the property.  The owner shall implement wind mitigation measures required by the wind study, satisfactory to the Chief Planner and Executive Director, City Planning Division.

l.          The owner shall provide and maintain in good order and operation an irrigation system, at the owner’s expense, for proposed trees within the public road allowances, including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer to the satisfaction of the Executive Director, Technical Services.

m.        Prior to Site Plan Approval, the owner shall make alternative arrangements with respect to charter bus parking for the Princess of Wales Theatre in accordance with the Development Agreement between Ed Mirvish Enterprises Limited and the City of Toronto dated June 17, 1991.

4.         Prior to the introduction of Bills, City Council shall require the applicant to withdraw the appeal to the Ontario Municipal Board regarding Zoning By-laws 921-2006 and 922-2006 arising from the 2006 King-Spadina Secondary Plan Review.

5.         City Council require the owner to obtain a heritage permit under Section 33 of the Ontario Heritage Act prior to Site Plan Approval for the property at 355 King Street West.

6.         City Council require the owner to enter into a Heritage Easement Agreement with the City for the retained portion of the heritage property at 355 King Street West prior to Site Plan Approval.

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86, as amended, for 355 King Street West, part of 343 King Street West and 119 Blue Jays Way, substantially in accordance with the draft Zoning By-law Amendment  attached as Attachment 9 to the August 16, 2010 report 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.         Before introducing the necessary Bills for enactment, City Council authorize the appropriate City officials and require the owner to execute an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning Division, and the City Solicitor.  Such agreement shall be registered on title to the lands in a manner satisfactory to the City Solicitor, to secure the following facilities, services and matters:

a.         An indexed cash contribution of $1,250,000.00 of which 10 per cent will be allocated to affordable housing in Ward 20, and the remainder for the provision of one or more of the following:

-           capital improvements to non-profit arts and cultural facilities in Ward 20;

-           streetscape improvements to John Street and Mercer Street;

-           design development supporting the John Street streetscape project.

b.         The indexed cash contribution is to be provided prior to the issuance of an above-grade building permit.

c.         Provision of a minimum of 900 sq.m. within the project for one or more non-profit arts, cultural, community or institutional facilities to be approved by the Executive Director, Cultural Services, in consultation with the Ward Councillor or an appropriate alternate community benefit to be negotiated with City Planning staff and the Ward Councillor, acting reasonably, should the cultural space not be viable.

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

d.         Construction, provision and maintenance of a mid-block pedestrian connection through the project from Mercer Street to King Street West.

e.         The owner shall provide a minimum of ten percent (10%) of the residential units in the building having at least three bedrooms.

f.          Architectural plans, elevations and landscaping including 1:50 elevations will be secured to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the owner will be required to, in conjunction with each Site Plan Application submit 1:50 scale drawings in conformity with this requirement for the seven storey podium.

g.         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.

h.         Prior to the issuance of any building permit for the site, including shoring and excavation, the owner shall have obtained title to the land shown on Attachment 5 and labelled “Old Lane” and shall have conveyed to the City the land labelled as “New Lane”.

i.          Provision of detailed design drawings showing drainage patterns from the public lane located on the east side of the site, locations of proposed catch basins, transitioning of grades along the centreline and limits of the laneway curb cut details on Mercer Street and all proposed underground utility relocations form the existing laneway to the proposed new laneway to the satisfaction of the City’s Executive Director of Technical Services prior to the issuance of any building permits for the site.

j.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist on file with the Chief Planner and Executive Director. City Planning Division, date-stamped June 3, 2009.

k.         Submission of a wind study to be submitted as part of an application for Site Plan Approval for the property.  The owner shall implement wind mitigation measures required by the wind study, satisfactory to the Chief Planner and Executive Director, City Planning Division.

l.          The owner shall provide and maintain in good order and operation an irrigation system, at the owner’s expense, for proposed trees within the public road allowances, including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer to the satisfaction of the Executive Director, Technical Services.

m.        Prior to Site Plan Approval, the owner shall make alternative arrangements with respect to charter bus parking for the Princess of Wales Theatre in accordance with the Development Agreement between Ed Mirvish Enterprises Limited and the City of Toronto dated June 17, 1991.

4.         Prior to the introduction of Bills, City Council shall require the applicant to withdraw the appeal to the Ontario Municipal Board regarding Zoning By-laws 921-2006 and 922-2006 arising from the 2006 King-Spadina Secondary Plan Review.

5.         City Council require the owner to obtain a heritage permit under Section 33 of the Ontario Heritage Act prior to Site Plan Approval for the property at 355 King Street West.

6.         City Council require the owner to enter into a Heritage Easement Agreement with the City for the retained portion of the heritage property at 355 King Street West prior to Site Plan Approval.

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.

An application has been made to amend Zoning By-law 438-86 of the former City of Toronto for the property at 355 King Street West, part of 343 King Street West and 119 Blue Jays Way.  The proposal is to erect 42 and 47-storey condominium towers on a 7-storey podium building. The project proposes 661 residential units and 4,066 sq.m. of non-residential gross floor area. Four hundred and twenty parking spaces are proposed in 5 levels below grade.  The project incorporates parts of the heritage designated Westinghouse Building at 355 King Street West and a mid block pedestrian connection from Mercer Street to King Street.

Contributions under Section 37 of the Planning Act will be secured including a space for a non-profit cultural use and $1.25 million towards affordable housing and streetscape improvements in the area.

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

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

1.         City Council direct the Chief Planner and Executive Director, City Planning Division to work with the applicant to bring forward a final report and bills to the January 2011 Toronto and East York Community Council meeting on the rezoning application for 117 Peter Street and 287 Richmond Street West, based generally on the plans submitted by the applicant in June 2010, but subject to revisions to address the following:

a.         adequately limiting shadowing on the north sidewalk in the Queen Street West Heritage Conservation District through the mid day;

b.         improving tower setbacks from the south and east property lines;

c.         providing a minimum of 10% of the units in the project as 3 bedrooms;

d.         negotiating an appropriate Section 37 contribution, including new publicly accessible open space and improvements to the City-owned open space on the north side of Richmond Street; and

e.         incorporating the façade of 117 Peter Street into the project as a structure that contributes to the heritage character of the neighbourhood.

2.         City Council request the City Clerk to schedule and give notice of the statutory public meeting for the January 2011 Toronto and East York Community Council.

The Toronto and East York Community Council recommends that:

1.         City Council direct the Chief Planner and Executive Director, City Planning Division to work with the applicant to bring forward a final report and bills to the January 2011 Toronto and East York Community Council meeting on the rezoning application for 117 Peter Street and 287 Richmond Street West, based generally on the plans submitted by the applicant in June 2010, but subject to revisions to address the following:

a.         adequately limiting shadowing on the north sidewalk in the Queen Street West Heritage Conservation District through the mid day;

b.         improving tower setbacks from the south and east property lines;

c.         providing a minimum of 10% of the units in the project as 3 bedrooms;

d.         negotiating an appropriate Section 37 contribution, including new publicly accessible open space and improvements to the City-owned open space on the north side of Richmond Street; and

e.         incorporating the façade of 117 Peter Street into the project as a structure that contributes to the heritage character of the neighbourhood.

2.         City Council request the City Clerk to schedule and give notice of the statutory public meeting for the January 2011 Toronto and East York Community Council.

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.

An application has been made by McCarthy Tetrault LLP for the site at the southeast corner of Richmond and Peter Streets. The site currently contains two existing buildings: a three storey warehouse commercial building at 117 Peter Street and a two-to-three-storey wedge-shaped commercial building at 287 Richmond Street West.

This application proposes a 36-storey mixed use building containing retail and office uses in a 4- storey podium occupying the majority of the site and a 32-storey residential tower above.  The proposed development would contain 446 residential units and seeks an overall height of 124 metres including mechanical elements.  Parking for vehicles and bicycles is proposed to be provided in five below-grade levels.

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

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

1.         City Council amend the Official Plan for the lands at 3 Belsize Drive portion of the site at 1955-1985 Yonge Street, 3 Belsize Drive and 18-22 Millwood Road, substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 9 to the July 23, 2010 report of the Director of Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 438-86 as amended, for the lands at 1955-1985 Yonge Street, 3 Belsize Drive and 18-22 Millwood Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 10 to the July 23, 2010 report of 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 Amendment and draft Zoning By-law Amendment as may be required.

4.         Prior to the introduction of the Bills in City Council, City Council require the owner of the lands at 1955-1985 Yonge Street, 3 Belsize Drive and 18-22 Millwood Road (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 $435,000.00 of which $100,000.00 will be payable prior to the introduction of the Bills in City Council and the remaining $335,000.00 will be payable prior to the issuance of the first building permit.  Such payment will be directed to the Planning Act Reserve Fund to be used for the construction and associated costs of the Neshama Accessible Playground at Oriole Park or 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 33 new replacement rental dwelling units, comprising 18 one-bedroom units and 14 two-bedroom units and 1 three-bedroom unit which units shall generally be of the same type and size as in the buildings existing on the lot at the date of enactment of the by-law amendment, of which at least 27 shall have affordable rents and 6 shall have rents no higher than the mid-range rents, and tenant relocation assistance for tenants in the existing buildings in accordance with more detailed terms as set forth in the draft by-law attached as Attachment 10 to the final rezoning report from City Planning dated July 23, 2010.

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

c.         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 Yonge Street, Belsize Drive and Millwood Road elevations as part of the Site Plan Approval process.

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 before introducing the necessary Bills to City Council for enactment, the site servicing review submitted and date stamped on July 6, 2010 be reviewed and accepted by the Executive Director of Technical Services.

8.         City Council approve the application to demolish the 33 existing residential units located at 1955-1985 Yonge Street, 3 Belsize Drive and 18-22 Millwood Road 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 thirty three (33) residential rental units on the subject site for a period of at least 20 years, comprising 18 one-bedroom and 14 two-bedroom units and 1 three-bedroom unit, of which at least 27 shall have affordable rents and 6 shall have rents no higher than mid-range rents;

b.         the owner shall provide tenant relocation assistance including the right to return to a replacement rental unit for the eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning Division and as further detailed in the draft by-law attached as Attachment 10 to the final rezoning report from City Planning dated July 23, 2010;

c.         the owner shall enter into and register one or more Section 111 Agreement(s) to secure the conditions outlined in a. above and as described in the draft zoning by-law amendment (refer to Attachment 10: Draft Zoning By-law Amendment) to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division; and

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 33 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.

9.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue preliminary approval to the application under Municipal Code Chapter 667 after the satisfaction of the conditions in Part 8 above, and after the Official Plan and Zoning By-law amendments referred to in Parts 1 and 2 above, have come into full force and effect.

10.       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 referred to in Part 9 above.

11.       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 referred to in Part 9 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1, 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; and

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 ($20,000.00) 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.

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

The Toronto and East York Community Council recommends that:

1.         City Council amend the Official Plan for the lands at 3 Belsize Drive portion of the site at 1955-1985 Yonge Street, 3 Belsize Drive and 18-22 Millwood Road, substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 9 to the July 23, 2010 report of the Director of Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 438-86 as amended, for the lands at 1955-1985 Yonge Street, 3 Belsize Drive and 18-22 Millwood Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 10 to the July 23, 2010 report of 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 Amendment and draft Zoning By-law Amendment as may be required.

4.         Prior to the introduction of the Bills in City Council, City Council require the owner of the lands at 1955-1985 Yonge Street, 3 Belsize Drive and 18-22 Millwood Road (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 $435,000.00 of which $100,000.00 will be payable prior to the introduction of the Bills in City Council and the remaining $335,000.00 will be payable prior to the issuance of the first building permit.  Such payment will be directed to the Planning Act Reserve Fund to be used for the construction and associated costs of the Neshama Accessible Playground at Oriole Park or 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 33 new replacement rental dwelling units, comprising 18 one-bedroom units and 14 two-bedroom units and 1 three-bedroom unit which units shall generally be of the same type and size as in the buildings existing on the lot at the date of enactment of the by-law amendment, of which at least 27 shall have affordable rents and 6 shall have rents no higher than the mid-range rents, and tenant relocation assistance for tenants in the existing buildings in accordance with more detailed terms as set forth in the draft by-law attached as Attachment 10 to the final rezoning report from City Planning dated July 23, 2010.

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

c.         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 Yonge Street, Belsize Drive and Millwood Road elevations as part of the Site Plan Approval process.

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 before introducing the necessary Bills to City Council for enactment, the site servicing review submitted and date stamped on July 6, 2010 be reviewed and accepted by the Executive Director of Technical Services.

8.         City Council approve the application to demolish the 33 existing residential units located at 1955-1985 Yonge Street, 3 Belsize Drive and 18-22 Millwood Road 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 thirty three (33) residential rental units on the subject site for a period of at least 20 years, comprising 18 one-bedroom and 14 two-bedroom units and 1 three-bedroom unit, of which at least 27 shall have affordable rents and 6 shall have rents no higher than mid-range rents;

b.         the owner shall provide tenant relocation assistance including the right to return to a replacement rental unit for the eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning Division and as further detailed in the draft by-law attached as Attachment 10 to the final rezoning report from City Planning dated July 23, 2010;

c.         the owner shall enter into and register one or more Section 111 Agreement(s) to secure the conditions outlined in a. above and as described in the draft zoning by-law amendment (refer to Attachment 10: Draft Zoning By-law Amendment) to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division; and

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 33 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.

9.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue preliminary approval to the application under Municipal Code Chapter 667 after the satisfaction of the conditions in Recommendation 8, and after the Official Plan and Zoning By-law amendments referred to in Recommendations 1 and 2 have come into full force and effect.

10.       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 referred to in Recommendation 9.

11.       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 referred to in Recommendation 9, which permit may be included in the demolition permit for Chapter 667 under 363-11.1, 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; and

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 ($20,000.00) 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.

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

This application was made on December 28, 2006 and subsequently revised most recently on April 14, 2010 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to amend the Official Plan as it pertains to a portion of the site at 3 Belsize Drive and to amend the Zoning By-law for the entire site at 1955-1985 Yonge Street, 3 Belsize Drive and 18-22 Millwood Road.  These amendments and a permission to demolish the existing rental apartments on site would allow the construction of the proposed 8-storey mixed use building with retail at grade and 206 residential units including 33 rental replacement units.

The City Planning Division is recommending approval of the proposed development and the application for a permit to demolish the residential rental units under Municipal Code 667 based on its location on an Avenue and on its planning and design attributes which include:

a.         the proposed residential units are comprised of a mix of  tenures (condominium and rental apartment units) and a mix of unit sizes ranging from bachelor to 3 bedroom units;

b.         the proposed development provides a transition in scale and density as it steps down from the Yonge Street mixed use corridor to the low density neighbourhood to the east;

c.         the proposed development maintains adequate sunlight for residents in abutting neighbourhoods and at pedestrian level on Yonge Street;

d.         the applicant’s Avenue Segment Review (as adopted by staff) indicates that incremental redevelopments of the same general scale (but as modified in the future by the Mid-Rise Performance Standards) within the identified Avenue Segment will not negatively impact the neighbourhood to the east;

e.         the proposed new commercial bays on Yonge Street would provide updated retail and service space which would attract new commercial and employment activity to the area;

f.          the inclusion of grade-related units on Belsize Drive assist in the integration of the proposed building into the neighbourhood to the east;

g.         the site is within a block of the Davisville subway station and has excellent transit connections to most points within the City;

h.         the site is on Yonge Street with close proximity to retail, service and entertainment facilities and places of employment; and

i.          the Section 37 benefits that would be secured as a result of approval and construction of this development including; the replacement of all 33 existing rental apartment units with new rental units of equivalent size within the new building and funding for either or both the Neshama Accessible Playground at Oriole Park and the new park which is to be developed south of the TTC bus barns at Yonge Street and Eglinton Avenue West.

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

1.         City Council amend Zoning By-law 438-86, as amended, for the lands at 1994-2008 Yonge Street and 17 Glebe Road West, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the Staff Report dated July 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 Zoning By-law Amendment as may be required.

3.         Prior to the introduction of Bills in City Council, City Council require the owner of the lands at 1994-2008 Yonge Street and 17 Glebe Road West 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 for the development, an indexed cash payment of $300,000, such payment to be deposited to the Planning Act Reserve Fund and to be used for the construction and associated cost of the Neshama Accessible Playground at Oriole Park and/or 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, the allocation of such funds to be at the discretion of the Chief Planner and Executive Director of the City Planning Division in consultation with the local Ward Councillor.

b.         Prior to the issuance of the first building permit for the development, at the sole discretion of the Chief Planner in consultation with the Ward Councillor, either an indexed cash payment of $200,000 to be used for the beautification of the terminus of Glebe Road West, including streetscape improvements, or a letter of credit, in a form satisfactory to the City Solicitor, in the amount of $200,000 in order to secure the works associated with the beautification of the Glebe Street terminus, to be determined in consultation with the Chief Planner and secured via an amendment to the Section 37 Agreement.

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

c.         In conjunction with the Site Plan Approval process, the owner and its consultants shall participate in the design of the Glebe Street terminus improvements at the sole cost and expense of the owner and at no cost to the City.

d.         As part of the Site Plan Approval process, the owner shall provide 1:50 scale drawings for the specific portion of building and relevant elevations along Yonge Street and Glebe Road West of the first 3 floors, with building materials labelled.

e.         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.

f.          The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, as accepted by the Executive Director of Technical Services, should it be determined that improvements to such infrastructure is required to support this development.

4.         City Council authorize the appropriate City officials to take such actions as are necessary to implement the foregoing, including execution of the Section 37 Agreement.

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86, as amended, for the lands at 1994-2008 Yonge Street and 17 Glebe Road West, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the Staff Report dated July 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 Zoning By-law Amendment as may be required.

3.         Prior to the introduction of Bills in City Council, City Council require the owner of the lands at 1994-2008 Yonge Street and 17 Glebe Road West 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 for the development, an indexed cash payment of $300,000, such payment to be deposited to the Planning Act Reserve Fund and to be used for the construction and associated cost of the Neshama Accessible Playground at Oriole Park and/or 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, the allocation of such funds to be at the discretion of the Chief Planner and Executive Director of the City Planning Division in consultation with the local Ward Councillor.

b.         Prior to the issuance of the first building permit for the development, at the sole discretion of the Chief Planner in consultation with the Ward Councillor, either an indexed cash payment of $200,000 to be used for the beautification of the terminus of Glebe Road West, including streetscape improvements, or a letter of credit, in a form satisfactory to the City Solicitor, in the amount of $200,000 in order to secure the works associated with the beautification of the Glebe Street terminus, to be determined in consultation with the Chief Planner and secured via an amendment to the Section 37 Agreement.

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

c.         In conjunction with the Site Plan Approval process, the owner and its consultants shall participate in the design of the Glebe Street terminus improvements at the sole cost and expense of the owner and at no cost to the City.

d.         As part of the Site Plan Approval process, the owner shall provide 1:50 scale drawings for the specific portion of building and relevant elevations along Yonge Street and Glebe Road West of the first 3 floors, with building materials labelled.

e.         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.

f.          The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, as accepted by the Executive Director of Technical Services, should it be determined that improvements to such infrastructure is required to support this development.

4.         City Council authorize the appropriate City officials to take such actions as are necessary to implement the foregoing, including execution of the Section 37 Agreement.

This application was made on March 9, 2009 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to construct a 10-storey mixed-use building at 1994-2008 Yonge Street and 17 Glebe Road West.  The proposed building will step back above the 7th floor to create a 7-storey street-wall on Yonge Street and Glebe Road West. Retail is proposed on the ground floor along Yonge Street.  The residential entrance and vehicular access will be off Glebe Road West.  The proposal calls for 165 residential units, and 185 vehicular parking spaces located in three levels of underground parking.

The proposed development has been found to be substantially in compliance with the development criteria for Mixed Use Areas, Avenues, Public Realm, Built Form, and all other relevant Official Plan policies and urban design guidelines.  This report reviews and recommends approval of the application to amend the Zoning By-law.

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

1.         City Council amend Zoning By-law 438-86, as amended for the former City of Toronto substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to permit the development of 1000 Bay Street as noted in the staff report dated August 10, 2010 from the Director, Community Planning, Toronto and East York District.

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.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 1000 Bay Street 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 above-grade permit, pay to the City the sum of $1,500,000 consisting of $500,000 towards the upgrade of Queen’s Park and $1,000,000 towards Public Art for the Gateway Feature on St. Joseph Street and the narrowing of the roadway of St. Joseph Street, so that the park on the north side of St. Joseph Street is extended to the south side of St. Joseph Street.

b.         Require that the cash amounts identified in a. above shall be indexed annually in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the owner to the City.

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

c.         Provide 1:50 scale drawings for the St. Joseph Street, Bay Street and west facing elevations of the three-storey podium and two floors above with building materials labelled.

d.         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.

e.         Build in conformity with the Toronto Green Standard Checklist received by the Chief Planner and Executive Director, City Planning Division on February 4, 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.         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.

4.         City Council direct that 25 percent of the Parks levy be applied to the public open space resulting from the narrowing of St. Joseph Street.

5.         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.

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86, as amended for the former City of Toronto substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to permit the development of 1000 Bay Street as noted in the staff report dated August 10, 2010 from the Director, Community Planning, Toronto and East York District.

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.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 1000 Bay Street 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 above-grade permit, pay to the City the sum of $1,500,000 consisting of $500,000 towards the upgrade of Queen’s Park and $1,000,000 towards Public Art for the Gateway Feature on St. Joseph Street and the narrowing of the roadway of St. Joseph Street.

b.         Require that the cash amounts identified in a. above shall be indexed annually in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the owner to the City.

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

c.         Provide 1:50 scale drawings for the St. Joseph Street, Bay Street and west facing elevations of the three-storey podium and two floors above with building materials labelled.

d.         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.

e.         Build in conformity with the Toronto Green Standard Checklist received by the Chief Planner and Executive Director, City Planning Division on February 4, 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.         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.

4.         City Council direct that 25 percent of the Parks levy be applied to the public open space resulting from the narrowing of St. Joseph Street.

5.         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 after December 23, 2009 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This is an application to amend Zoning By-law 438-86, as amended, to permit a mixed-use development of 32 storeys consisting of 13 storeys for a hotel and 19 storeys for a residential condominium at 1000 Bay Street.

The proposed gross floor area of the building is 13,373 square metres including 39.5 square metres of ground floor retail resulting in a density of 11.6 times the area of the lot.  The development would include 99 residential units and 115 hotel units and is proposed to be approximately 102.0 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.

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

1.         City Council amend the Official Plan substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 6 to the July 20, 2010 report from the Director of 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. 7 to the July 20, 2010 report from the Director of Community Planning, Toronto and East York District.

3.         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 and Official Plan Amendment as may be required to give effect to the intent of the recommendations contained in this report.

4.         City Council authorize the Chief Building Official to issue a demolition permit for 15 Huntley Street following issuance of the first below-grade building permit for the proposed building.

5.         City Council require the owner to 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 addressing the following:

Prior to final Site Plan approval, the owner shall:

a.        provide 1:50 scale drawings for the Isabella Street and Huntley Street elevations of the 4-storey building with building materials labelled;

b.         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;

c.         build in conformity with the Toronto Green Standard Checklist received by the Chief Planner and Executive Director, City Planning Division on June 2, 2009;

d.         be advised that no soil disturbance activity is to take place until the Ministry of Tourism and Culture accepts the Archaeological Report and is satisfied that no further archaeological work is required.  The following advisory comments are to be attached to the Site Plan agreement:

i.          in the event that deeply buried archaeological remains are encountered on the property during construction activities, the Heritage Operations Unit of the Ministry of Culture be notified immediately at (416) 314-7146 as well as the City of Toronto, Heritage Preservation Services Unit (416) 338-1096; and

ii.         in the event that human remains are encountered during construction, the proponent should immediately contact both the Ministry of Culture, and the Registrar or Deputy Registrar of Cemeteries at the Cemeteries Regulation Unit, Ministry of Government Services, and (416) 326-8404;

e.         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; and

f.          pay for any upgrades to the municipal infrastructure identified through the review of the site servicing review required to support the development, as determined by and to the satisfaction of the Executive Director, Technical Services.

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.

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. 6 to the July 20, 2010 report from the Director of 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. 7 to the July 20, 2010 report from the Director of Community Planning, Toronto and East York District.

3.         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 and Official Plan Amendment as may be required to give effect to the intent of the recommendations contained in this report.

4.         City Council authorize the Chief Building Official to issue a demolition permit for 15 Huntley Street following issuance of the first below-grade building permit for the proposed building.

5.         City Council require the owner to 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 addressing the following:

Prior to final Site Plan approval, the owner shall:

a.        provide 1:50 scale drawings for the Isabella Street and Huntley Street elevations of the 4-storey building with building materials labelled;

b.         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;

c.         build in conformity with the Toronto Green Standard Checklist received by the Chief Planner and Executive Director, City Planning Division on June 2, 2009;

d.         be advised that no soil disturbance activity is to take place until the Ministry of Tourism and Culture accepts the Archaeological Report and is satisfied that no further archaeological work is required.  The following advisory comments are to be attached to the Site Plan agreement:

i.          in the event that deeply buried archaeological remains are encountered on the property during construction activities, the Heritage Operations Unit of the Ministry of Culture be notified immediately at (416) 314-7146 as well as the City of Toronto, Heritage Preservation Services Unit (416) 338-1096; and

ii.         in the event that human remains are encountered during construction, the proponent should immediately contact both the Ministry of Culture, and the Registrar or Deputy Registrar of Cemeteries at the Cemeteries Regulation Unit, Ministry of Government Services, and (416) 326-8404;

e.         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; and

f.          pay for any upgrades to the municipal infrastructure identified through the review of the site servicing review required to support the development, as determined by and to the satisfaction of the Executive Director, Technical Services.

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

This application by the Elementary Teacher’s Federation of Ontario is for the demolition of a 2-storey office building and development of a 4-storey office building with a height of 17.8 metres (20.3 metres to the top of the mechanical penthouse).  The office building would have a gross floor area of approximately 7753 square metres and provide a total of 50 parking spaces, one Type B loading space and 22 weather protected bicycle parking spaces located at-grade and within an underground garage.  Both the pedestrian entrance and vehicular access to the site would be from Isabella Street.

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

The proposal has been reviewed and determined to be compatible with its physical context and will not affect nearby Neighbourhoods or Apartment Neighbourhoods in a manner contrary to the Neighbourhoods protection policies of the Official Plan.

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

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 July 22, 2010 report from the Director of 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.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 203 Jarvis Street 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 above-grade permit, pay to the City the sum of $800,000 towards streetscape improvements on Jarvis Street.

b.         Require that the cash amounts identified in a. above shall be indexed annually in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the owner to the City.

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

c.         Build in conformity with the Toronto Green Standard Checklist submitted by the applicant on March 31, 2008, to the satisfaction of the Chief Planner and Executive Director of City Planning.

d.         The owner shall prepare all documents and convey to the City, for nominal consideration, a 1.67 metre wide strip of land to the full extent of the site abutting the west limit of the north-south public lane, to a minimum depth of 0.5 metres from finished grade, such lands to be free and clear of all physical and title encumbrances, in fee simple for lane widening purposes and subject to a right-of-way for access purposes in favour of the Grantor until such time as said lands have been laid out and dedicated as a public highway, to the satisfaction of the Executive Director, Technical Services.

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

f.          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.

g.         The owner shall enter into a Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director of City Planning, under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act, 2006.

4.         City Council require the applicant to either provide a taxi stand on site or permanently lease three taxi stand spaces at an off-site location to serve as a taxi stand from which taxis can be dispatched to service the hotel.

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 July 22, 2010 report from the Director of 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.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 203 Jarvis Street 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 above-grade permit, pay to the City the sum of $800,000 towards streetscape improvements on Jarvis Street.

b.         Require that the cash amounts identified in a. above shall be indexed annually in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the owner to the City.

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

c.         Build in conformity with the Toronto Green Standard Checklist submitted by the applicant on March 31, 2008, to the satisfaction of the Chief Planner and Executive Director of City Planning.

d.         The owner shall prepare all documents and convey to the City, for nominal consideration, a 1.67 metre wide strip of land to the full extent of the site abutting the west limit of the north-south public lane, to a minimum depth of 0.5 metres from finished grade, such lands to be free and clear of all physical and title encumbrances, in fee simple for lane widening purposes and subject to a right-of-way for access purposes in favour of the Grantor until such time as said lands have been laid out and dedicated as a public highway, to the satisfaction of the Executive Director, Technical Services.

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

f.          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.

g.         The owner shall enter into a Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director of City Planning, under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act, 2006.

This application was made on February 12, 2008 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to redevelop the existing commercial surface parking lot at 203 Jarvis Street with a 20-storey hotel containing 261 guest rooms with a proposed building height of 61 metres (66 metres including mechanical penthouse) and a gross floor area of 14,702 square metres.  The applicant proposes 69 vehicle parking spaces within three levels of underground parking accessed via a car elevator.  The hotel would include limited grade-related retail such as a coffee shop or convenience store for public use with a total area of approximately 104 square metres.

The proposal is an appropriate development for the property as it provides for commercial development of an underutilized lot within the downtown.  The site is a corner property with frontage on both Jarvis Street and Shuter Street. There is already a mix of commercial and residential land uses along Jarvis Street and the proposed hotel is an appropriate and compatible land use.

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

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

1.         City Council amend Zoning By-law No. 438-86 of the former City of Toronto, as amended to remove the Holding Symbol (“h”) from certain lands in the Regent Park redevelopment (Phase 2) in accordance with the draft zoning by-law amendment attached to the July 16, 2010 report from the Director, Community Planning, Toronto and East York District, as Attachment No. 7.

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

3.         City Council adopt the Regent Park - Phase 2 - Development Context Plan, dated May 7, 2010, distributed to members of Toronto and East York Community Council and is on file with the City Clerk and the Chief Planner and Executive Director, City Planning, as an update to the Regent Park Urban Design Guidelines.

4.         City Council require that Toronto Community Housing Corporation (TCHC) tender and award the contract(s) for the construction of the public roads, sewers, and watermains in Phase 2 in accordance with the requirements of the Executive Director, Technical Services, in consultation with the Director of Purchasing and Materials Management, and that such requirements be secured in the Subdivision Agreement between the City and TCHC.

5.         City Council authorize reimbursement by the City to TCHC for a portion of the costs of constructing the public roads, sewers, and watermains in Phase 2, be subject to terms and conditions satisfactory to the Executive Director, Technical Services, and that such terms and conditions be secured in the Subdivision Agreement between the City and TCHC.

6.         City Council approve the application to demolish the subject residential building(s) with the following conditions, notwithstanding that there is no building permit for a replacement buildings on the sites:

a.         the removal, disposal and handling of all hazardous materials including, but not limited to asbestos, benzene, lead, silica, mercury and polychlorinated biphenyls shall be conducted in accordance with the Ministry of the Environment and the Ministry of Labour regulations and guidelines;

b.         the removal and disposal of above ground storage tanks shall be in accordance with Ministry of Labour, Ministry of the Environment and the Technical Standards and Safety Authority (TSSA) regulations and guidelines;

c.         any perched groundwater encountered shall be tested to ensure that it meets Toronto Sewer By-law criteria prior to discharge into the sewer system.  Any groundwater not meeting criteria shall be stored in an appropriate holding tank for off-site disposal in accordance with Ministry of the Environment regulations and guidelines;

d.         the owner shall ensure the implementation of the demolition and excavation dust control measures approved by the Medical Officer of Health;

e.         prior to initiating any demolition activities, the owner shall notify Toronto Public Health (416-338-8062) of the date the demolition is scheduled to commence;

f.          all debris and rubble shall be removed from the site immediately after demolition;

g.         any holes on the property shall be back-filled with clean fill; and

h.         the owner shall not commence demolition related activities if it will impact privately owned trees protected under Municipal Code, Chapter 813, Trees, Article III unless the trees have been authorized for removal or tree protection measures have been put in place in accordance with the City of Toronto’s “Tree Protection Policy and Specifications for Construction Near Trees.”

7.         City Council advise the applicant that:

a.         registration of the Plan of Subdivision of Regent Park for Phase 2 cannot occur until such time as the Owner has satisfied the applicable conditions, as may be revised, of draft Plan of Subdivision Approval issued on May 31, 2005;

b.         TCHC should meet with City staff as soon as possible to present an assessment of how the remaining replacement social housing units and especially the large-family units are expected to be accommodated on-site over the remaining phases of the revitalization;

c.         for the purposes of replacing existing social housing units suitable for families in Regent Park or other planned social housing revitalization initiatives, interior spaces in housing units with no exterior windows will not be counted as bedrooms by the City for purposes of categorizing the replacement unit types by bedroom type;

d.         the redevelopment of the site may require that all soil and groundwater contaminants be removed to background levels for the intended land use;

e.         a Notice of Project must be filed with the Ontario Ministry of Labour, as required;

f.          in the event that deeply buried archaeological remains are encountered on the property during the construction activities, the consultant archaeologist and the Central East Archaeology Review Officer in the Culture Programs Unit of the Ministry of Culture should be notified immediately.  A licensed archaeologist must be present should material such as cut stone, brick rubble, mortar, stone footings, wood and associated artefacts be encountered.  In such cases, stoppage of the construction work will be required for as long as the archaeologist deems necessary in order to evaluate the significance of any such archaeological remains and to develop an appropriate mitigation strategy; and

g.         furthermore in the event that human remains are encountered during construction the proponent should immediately contact the consultant archaeologist, the Central East Archaeology Review Officer in the Culture Programs Unit of the Ministry of Culture and the Registrar of Cemeteries at the Policy & Consumer Protection Service Division of the Ministry of Consumer and Business Services (416-326-8404).

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law No. 438-86 of the former City of Toronto, as amended to remove the Holding Symbol (“h”) from certain lands in the Regent Park redevelopment (Phase 2) in accordance with the draft zoning by-law amendment attached to the July 16, 2010 report from the Director, Community Planning, Toronto and East York District, as Attachment No. 7.

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

3.         City Council adopt the Regent Park - Phase 2 - Development Context Plan, dated May 7, 2010, distributed to members of Toronto and East York Community Council and is on file with the City Clerk and the Chief Planner and Executive Director, City Planning, as an update to the Regent Park Urban Design Guidelines.

4.         City Council require that Toronto Community Housing Corporation (TCHC) tender and award the contract(s) for the construction of the public roads, sewers, and watermains in Phase 2 in accordance with the requirements of the Executive Director, Technical Services, in consultation with the Director of Purchasing and Materials Management, and that such requirements be secured in the Subdivision Agreement between the City and TCHC.

5.         City Council authorize reimbursement by the City to TCHC for a portion of the costs of constructing the public roads, sewers, and watermains in Phase 2, be subject to terms and conditions satisfactory to the Executive Director, Technical Services, and that such terms and conditions be secured in the Subdivision Agreement between the City and TCHC.

6.         City Council approve the application to demolish the subject residential building(s) with the following conditions, notwithstanding that there is no building permit for a replacement buildings on the sites:

a.         the removal, disposal and handling of all hazardous materials including, but not limited to asbestos, benzene, lead, silica, mercury and polychlorinated biphenyls shall be conducted in accordance with the Ministry of the Environment and the Ministry of Labour regulations and guidelines;

b.         the removal and disposal of above ground storage tanks shall be in accordance with Ministry of Labour, Ministry of the Environment and the Technical Standards and Safety Authority (TSSA) regulations and guidelines;

c.         any perched groundwater encountered shall be tested to ensure that it meets Toronto Sewer By-law criteria prior to discharge into the sewer system.  Any groundwater not meeting criteria shall be stored in an appropriate holding tank for off-site disposal in accordance with Ministry of the Environment regulations and guidelines;

d.         the owner shall ensure the implementation of the demolition and excavation dust control measures approved by the Medical Officer of Health;

e.         prior to initiating any demolition activities, the owner shall notify Toronto Public Health (416-338-8062) of the date the demolition is scheduled to commence;

f.          all debris and rubble shall be removed from the site immediately after demolition;

g.         any holes on the property shall be back-filled with clean fill; and

h.         the owner shall not commence demolition related activities if it will impact privately owned trees protected under Municipal Code, Chapter 813, Trees, Article III unless the trees have been authorized for removal or tree protection measures have been put in place in accordance with the City of Toronto’s “Tree Protection Policy and Specifications for Construction Near Trees.”

7.         City Council advise the applicant that:

a.         registration of the Plan of Subdivision of Regent Park for Phase 2 cannot occur until such time as the Owner has satisfied the applicable conditions, as may be revised, of draft Plan of Subdivision Approval issued on May 31, 2005;

b.         TCHC should meet with City staff as soon as possible to present an assessment of how the remaining replacement social housing units and especially the large-family units are expected to be accommodated on-site over the remaining phases of the revitalization;

c.         for the purposes of replacing existing social housing units suitable for families in Regent Park or other planned social housing revitalization initiatives, interior spaces in housing units with no exterior windows will not be counted as bedrooms by the City for purposes of categorizing the replacement unit types by bedroom type;

d.         the redevelopment of the site may require that all soil and groundwater contaminants be removed to background levels for the intended land use;

e.         a Notice of Project must be filed with the Ontario Ministry of Labour, as required;

f.          in the event that deeply buried archaeological remains are encountered on the property during the construction activities, the consultant archaeologist and the Central East Archaeology Review Officer in the Culture Programs Unit of the Ministry of Culture should be notified immediately.  A licensed archaeologist must be present should material such as cut stone, brick rubble, mortar, stone footings, wood and associated artefacts be encountered.  In such cases, stoppage of the construction work will be required for as long as the archaeologist deems necessary in order to evaluate the significance of any such archaeological remains and to develop an appropriate mitigation strategy; and

g.         furthermore in the event that human remains are encountered during construction the proponent should immediately contact the consultant archaeologist, the Central East Archaeology Review Officer in the Culture Programs Unit of the Ministry of Culture and the Registrar of Cemeteries at the Policy & Consumer Protection Service Division of the Ministry of Consumer and Business Services (416-326-8404).

This application proposes to remove the Holding Symbol (h) from the Zoning By-law for Phase 2 lands in Regent Park.  Toronto Community Housing Corporation (TCHC) has also applied to demolish 347 existing residential rental units for Phase 2. As part of the Council approved revitalization of Regent Park all of the existing social housing units to be demolished will be replaced and tenants are to receive assistance with relocation.

The application is consistent with the previous planning approvals for Regent Park redevelopment and is part of the implementation of several important City building initiatives including a community park, a community centre and an arts and cultural centre in addition to new market housing and new TCHC rental replacement housing.

This report reviews and recommends approval of the applications to remove the Holding Symbol (h) from the Zoning By-law for Phase 2 of the Regent Park redevelopment and permit the demolition 347 social housing units.

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

1.         City Council approve the draft amendment to the former City of Toronto Official Plan and Central Waterfront Secondary Plan - OPA 388 for the Lower Don Lands (Attachment No. 1), the draft amendment to the former City of Toronto Official Plan - OPA 389 (Attachment No. 2) and the draft amendment to Zoning By-law 438-86 for the former City of Toronto (Attachment No. 3). Attachments 1 to 3 inclusive are attachments to the August 11, 2010 report from the Director, Community Planning, Toronto and East York District.

2.         City Council direct staff to take the necessary actions to implement the Official Plan amendments and Zoning By-law amendment through modifications at the on-going Ontario Municipal Board hearing on the Central Waterfront Plan as appropriate.

3.         City Council direct staff to report back to City Council on the appropriate actions to protect for the relocation for the mouth of the Don River.

4.         City Council direct staff to submit the Official Plan amendments to the Province for approval.

5.         City Council direct staff to make any modifications to the Official Plan Amendments that the Chief Planner may deem appropriate to address matters arising from provincial review.

6.         City Council endorse the Affordable Housing Delivery Strategy for Keating West Precinct in Attachment 4, and direct staff to continue discussions with Waterfront Toronto to resolve any outstanding concerns with respect to the Strategy and, if necessary, report back in January 2011 on the outcome of those discussions.

The Toronto and East York Community Council recommends that:

1.         City Council approve the draft amendment to the former City of Toronto Official Plan and Central Waterfront Secondary Plan - OPA 388 for the Lower Don Lands (Attachment No. 1), the draft amendment to the former City of Toronto Official Plan - OPA 389 (Attachment No. 2) and the draft amendment to Zoning By-law 438-86 for the former City of Toronto (Attachment No. 3). Attachments 1 to 3 inclusive are attachments to the August 11, 2010 report from the Director, Community Planning, Toronto and East York District.

2.         City Council direct staff to take the necessary actions to implement the Official Plan amendments and Zoning By-law amendment through modifications at the on-going Ontario Municipal Board hearing on the Central Waterfront Plan as appropriate.

3.         City Council direct staff to report back to City Council on the appropriate actions to protect for the relocation for the mouth of the Don River.

4.         City Council direct staff to submit the Official Plan amendments to the Province for approval.

5.         City Council direct staff to make any modifications to the Official Plan Amendments that the Chief Planner may deem appropriate to address matters arising from provincial review.

6.         City Council endorse the Affordable Housing Delivery Strategy for Keating West Precinct in Attachment 4, and direct staff to continue discussions with Waterfront Toronto to resolve any outstanding concerns with respect to the Strategy and, if necessary, report back in January 2011 on the outcome of those discussions.

This report reviews and recommends approval of a City-initiated proposal to amend the former City of Toronto Official Plan and Central Waterfront Secondary Plan for the Lower Don Lands and approve an amendment to By-law 438-86 for the Keating Channel Precinct West.  The Keating Channel Precinct West are the lands south of the Rail Corridor between Small Street on the west, Cherry Street on the east and the Keating Channel on the South.  This City-initiated amendment is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

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

1.         City Council amend the former City of Toronto Official Plan for the lands known as The West Don Lands, Phase 2, substantially in accordance with the draft Official Plan Amendment in Attachment No. 7 to the July 29, 2010 report from the Director, Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 438-86 for the former City of Toronto substantially in accordance with the Draft Zoning By-law Amendments attached as Attachment Nos. 8 and 9, to the July 29, 2010 report from the Director, Community Planning, Toronto and East York District, with Attachments Nos. 8 and 9 amended as follows:

Revisions related to Attachment 8:

a.         The clause relating to loading facilities has been revised to remove (f)(i):  “for a building containing 30 or more dwelling units within the area shown on Map 2 as having a maximum height zone of 15 metres.”  The clause is not necessary because the remaining clause sufficiently denotes the loading requirement:  (f)(ii) “Type ‘G’ loading shall be required for buildings containing 30 or more dwelling units only where access to dwelling units is by means of a common internal corridor or if a building is a rowplex.”

b.         For the purpose of clarity, the zoning by-law needs to include a definition of “tower” relating to high rise buildings as follows:  clause (z)(viii)  ““tower” means a building, or part thereof, within which any individual floor may not exceed a residential gross floor area, non-residential gross floor area, or any combination thereof of 800 square metres.”

c.         A number of other minor revisions of a stylistic and technical nature have been made to Attachment No. 8 so as to clarify, but not alter, the intent of the draft zoning by-law.

Revision related to Attachment 9:

d.         Map 1, with respect to the area boundary, has been revised to reflect the correct land boundary along the northern end of Street ‘F’ to the south of the All City Storage private lands.

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the Official Plan Amendment and the draft Zoning By-laws as may be required to give effect to the recommendations in this report.

4.         City Council authorize the introduction of the necessary Bill by the City Solicitor for enactment by City Council immediately upon finalization of the requirements set out in Section 4(c) of draft Zoning By-law attached as Attachment No. 8 to the July 29, 2010 report from the Director, Community Planning, Toronto and East York District, respecting the removal of the holding (“h”) symbol.

5.         City Council be advised that the Chief Planner, and Executive Director of Planning who has been delegated authority to approve draft plans of subdivision, proposes to approve the draft plan of subdivision generally outlined on Attachment 1, subject to:

i.          the conditions as generally listed in Attachment 13 to the July 29, 2010 report from the Director, Community Planning, Toronto and East York District, which as except as otherwise noted, must be fulfilled prior to the release of the plan of subdivision for registration; and

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

6.         City Council grant the City Clerk authority to sign the final plan of subdivision as the City is an owner of land in the West Don Lands.

7.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect to the recommendations in the July 29, 2010 report from the Director, Community Planning, Toronto and East York District, respecting the proposal that includes the City of Toronto lands.

8.         City Council determine that, pursuant to subsection 34(17) of the Planning Act, no further notice is required in respect of the changes described above.

The Toronto and East York Community Council recommends that:

1.         City Council amend the former City of Toronto Official Plan for the lands known as The West Don Lands, Phase 2, substantially in accordance with the draft Official Plan Amendment in Attachment No. 7 to the July 29, 2010 report from the Director, Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 438-86 for the former City of Toronto substantially in accordance with the Draft Zoning By-law Amendments attached as Attachment Nos. 8 and 9, to the July 29, 2010 report 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 Official Plan Amendment and the draft Zoning By-laws as may be required to give effect to the recommendations in this report.

4.         City Council authorize the introduction of the necessary Bill by the City Solicitor for enactment by City Council immediately upon finalization of the requirements set out in Section 4(c) of draft Zoning By-law attached as Attachment No. 8 to the July 29, 2010 report from the Director, Community Planning, Toronto and East York District, respecting the removal of the holding (“h”) symbol.

5.         City Council be advised that the Chief Planner, and Executive Director of Planning who has been delegated authority to approve draft plans of subdivision, proposes to approve the draft plan of subdivision generally outlined on Attachment 1, subject to:

i.          the conditions as generally listed in Attachment 13 to the July 29, 2010 report from the Director, Community Planning, Toronto and East York District, which as except as otherwise noted, must be fulfilled prior to the release of the plan of subdivision for registration; and

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

6.         City Council grant the City Clerk authority to sign the final plan of subdivision as the City is an owner of land in the West Don Lands.

7.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect to the recommendations in this report respecting the proposal that includes the City of Toronto lands.

These applications were made on or after January 1, 2007 and are subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The applications propose to permit the redevelopment of the West Don Lands Phase 2 lands (shown on the map below) for a range of residential, institutional, industrial, commercial, and open space uses.

This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law, and to remove the holding symbol “h”.

It also recommends that the amending by-law for the removal of the holding symbol “h” be brought forward to Council for enactment when the conditions for the removal of the “h” have been fulfilled.

This report also advises that the Chief Planner may approve the draft plan of subdivision.

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

1.         City Council amend the Official Plan for the lands known as part of 5-7 The Esplanade substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 8 to the July 28, 2010 report from the Director of Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 438-86, as amended, for the former City of Toronto, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the July 28, 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 Amendment and/or draft Zoning By-law Amendment as may be required.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require that OPA 389 shall be adopted by City Council and be in-force.

5.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following benefits:

a.         prior to the issuance of above grade permits, provide a cash contribution of $1,500,000.00, which is to be used for the following:

i.          $1,000,000.00 for PATH connections including, a pedestrian bridge over Yonge Street and a bridge to 2 Church Street, and/or the future signalization of Yonge Street and The Esplanade;

ii.         $250,000.00 for streetscape improvements within the St. Lawrence Neighbourhood;

iii.        $50,000.00 for the North St. Lawrence Market redevelopment;

iv.        $100,000.00 for implementation of the Sherbourne Promenade Plan; and

v.         $100,000.00 for implementation of the Heritage Interpretation and Old Town Toronto Heritage Lighting Plans;

b.         require that the cash amounts identified in “a.” above shall be indexed annually in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the owner to the City;

c.         provide and maintain public works pursuant to a Percent for Public Art Program to be located on publicly accessible portions of the site to a value not less than one percent of the gross construction costs of all buildings and structures to be erected on the site.

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

d.         provide and maintain within the site a publicly accessible PATH walkway connection located within the podium from the west end of the podium adjacent to Yonge Street through the podium at the second level to the east end of the podium adjacent to the Toronto Parking Authority garage, generally as shown on the 2nd Floor Plan, drawing A3.2, prepared by Page + Steele Architects Planners and date stamped by the City Planning Division on December 19, 2009, which shall:

i.          remain open and accessible to the public between the hours of 6:00 a.m. to 2:00 a.m., 365 days a year;

ii.         be satisfactorily illuminated; and

iii.        enter into a Wayfinding Agreement and Easement Agreement;

e.         provide and maintain within the site a publicly accessible PATH walkway connection from the second level within the podium from the west end of the podium down to the ground floor providing access to the street, generally as shown on the 2nd Floor Plan drawing A-3.2 and Ground Floor Plan, drawing A-3.1, prepared by Page + Steele Architects Planners and date stamped by the City Planning Division on December 19, which shall:

i.          remain open and accessible to the public between the hours of 6:00 a.m. to 2:00 a.m., 365 days a year;

ii.         be satisfactorily illuminated; and

iii         enter into a Wayfinding Agreement and Easement Agreement;

f.          provide knock-out panels along the second floor portion of the podium at the western most edge adjacent to Yonge Street and the eastern most edge adjacent to the Toronto Parking Authority lot to accommodate a potential future connection to the PATH system, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the General Manager of Economic Development;

g.         provide and maintain within the site publicly accessible Public Exhibition Space in conjunction with the PATH walkway connection located within the western edge of the podium on the second floor and ground floor, generally as shown on the 2nd Floor Plan drawing A-3.2 and Ground Floor Plan, drawing A-3.1, prepared by Page + Steele Architects Planners and date stamped by the City Planning Division on December 19, which shall:

i.          remain open and accessible to the public between the hours of 6:00 a.m. to 2:00 a.m., 365 days a year;

ii.         be satisfactorily illuminated; and

iii.        enter into a Wayfinding Agreement and Easement Agreement;

h.         pay all costs associated with the PATH connection through the podium and the construction and maintenance of the Public Exhibition Space;

i.          as part of the Site Plan Approval process, the owner shall provide 1:50 scale drawings for the podium along The Esplanade, Yonge Street and east elevation adjacent to 25 The Esplanade with building materials labelled to the satisfaction of the Chief Planner and Executive Director;

j.          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; 

k.         be required to build in conformity with the Toronto Green Standard Checklist as submitted by the applicant and date stamped received by January 6, 2009; and

l.          enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act.

The Toronto and East York Community Council recommends that:

1.         City Council amend the Official Plan for the lands known as part of 5-7 The Esplanade substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 8 to the July 28, 2010 report from the Director of Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 438-86, as amended, for the former City of Toronto, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the July 28, 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 Amendment and/or draft Zoning By-law Amendment as may be required.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require that OPA 389 shall be adopted by City Council and be in-force.

5.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following benefits:

a.         prior to the issuance of above grade permits, provide a cash contribution of $1,500,000.00, which is to be used for the following:

i.          $1,000,000.00 for PATH connections including, a pedestrian bridge over Yonge Street and a bridge to 2 Church Street, and/or the future signalization of Yonge Street and The Esplanade;

ii.         $250,000.00 for streetscape improvements within the St. Lawrence Neighbourhood;

iii.        $50,000.00 for the North St. Lawrence Market redevelopment;

iv.        $100,000.00 for implementation of the Sherbourne Promenade Plan; and

v.         $100,000.00 for implementation of the Heritage Interpretation and Old Town Toronto Heritage Lighting Plans;

b.         require that the cash amounts identified in “a.” above shall be indexed annually in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the owner to the City;

c.         provide and maintain public works pursuant to a Percent for Public Art Program to be located on publicly accessible portions of the site to a value not less than one percent of the gross construction costs of all buildings and structures to be erected on the site.

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

d.         provide and maintain within the site a publicly accessible PATH walkway connection located within the podium from the west end of the podium adjacent to Yonge Street through the podium at the second level to the east end of the podium adjacent to the Toronto Parking Authority garage, generally as shown on the 2nd Floor Plan, drawing A3.2, prepared by Page + Steele Architects Planners and date stamped by the City Planning Division on December 19, 2009, which shall:

i.          remain open and accessible to the public between the hours of 6:00 a.m. to 2:00 a.m., 365 days a year;

ii.         be satisfactorily illuminated; and

iii.        enter into a Wayfinding Agreement and Easement Agreement;

e.         provide and maintain within the site a publicly accessible PATH walkway connection from the second level within the podium from the west end of the podium down to the ground floor providing access to the street, generally as shown on the 2nd Floor Plan drawing A-3.2 and Ground Floor Plan, drawing A-3.1, prepared by Page + Steele Architects Planners and date stamped by the City Planning Division on December 19, which shall:

i.          remain open and accessible to the public between the hours of 6:00 a.m. to 2:00 a.m., 365 days a year;

ii.         be satisfactorily illuminated; and

iii         enter into a Wayfinding Agreement and Easement Agreement;

f.          provide knock-out panels along the second floor portion of the podium at the western most edge adjacent to Yonge Street and the eastern most edge adjacent to the Toronto Parking Authority lot to accommodate a potential future connection to the PATH system, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the General Manager of Economic Development;

g.         provide and maintain within the site publicly accessible Public Exhibition Space in conjunction with the PATH walkway connection located within the western edge of the podium on the second floor and ground floor, generally as shown on the 2nd Floor Plan drawing A-3.2 and Ground Floor Plan, drawing A-3.1, prepared by Page + Steele Architects Planners and date stamped by the City Planning Division on December 19, which shall:

i.          remain open and accessible to the public between the hours of 6:00 a.m. to 2:00 a.m., 365 days a year;

ii.         be satisfactorily illuminated; and

iii.        enter into a Wayfinding Agreement and Easement Agreement;

h.         pay all costs associated with the PATH connection through the podium and the construction and maintenance of the Public Exhibition Space;

i.          as part of the Site Plan Approval process, the owner shall provide 1:50 scale drawings for the podium along The Esplanade, Yonge Street and east elevation adjacent to 25 The Esplanade with building materials labelled to the satisfaction of the Chief Planner and Executive Director;

j.          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; 

k.         be required to build in conformity with the Toronto Green Standard Checklist as submitted by the applicant and date stamped received by January 6, 2009; and

l.          enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act.

This application was made on November 20, 2008 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes the development of a 32-storey residential tower on top of a 4-storey mixed-use podium for a total of 36-storeys and 271 dwelling units.  The building height would be 112 metres and 118 metres to mechanical penthouse.

The 4-storey podium incorporates 4 levels of above grade parking for residents of the residential tower component at 5-7 the Esplanade.  Previous approvals granted 6 levels of underground parking for the residents of the “L-Tower” residential condominium at 1 Front Street East (now 8 The Esplanade).  A total of 523 parking spaces will be provided on site with 373 of those for use by the adjacent building proposed at 1 Front Street East (now 8 The Esplanade).  The parking area would be accessed from The Esplanade, at the east end of the site abutting an existing driveway serving 2 Church Street, which is a Toronto Parking Authority (TPA) garage.

The floor space index for the residential and mixed-use component of this project, inclusive of the above grade parking podium, is approximately 11 times the area of the lot.

The proposed Official Plan and Rezoning applications are appropriate for the development of this site as it provides for residential mixed-use development on an underutilized site combining a surface parking lot with surplus lands formerly owned by GO Transit.  The site is within the downtown core along Yonge Street and abutting the Financial District, and near Union Station and the Yonge/University subway line.  There is already a mix of commercial and residential land uses along The Esplanade and the proposed 36-storey development is an appropriate and compatible land use.

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

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

1.         City Council adopt the North St. James Town Planning Framework Objectives for the lands located in the area bounded by Howard Street, Sherbourne Street and Bloor Street East and Parliament Street, attached to the August 6, 2010 report from the Director, Community Planning, Toronto and East York District, as Attachment 9.

2.         City Council direct staff to implement the Planning Framework when reviewing, analyzing and formulating recommendations on future development applications for properties in the area bounded by Howard Street, Sherbourne Street and Bloor Street East and Parliament Street.

3.         City Council direct appropriate staff to implement, where feasible, the North St. James Town Planning Objectives (found in Attachment 9 of the August 6, 2010 report from the Director, Community Planning, Toronto and East York District) when developing capital work programs and the St. James Town Community Improvement Plan. 

4.         City Council request the Chief General Manager of the Toronto Transit Commission to report to the Toronto and East York Community Council, through the Commission, on the status of improving the accessibility of Sherbourne Station and options for accelerating installation of an elevator by the end of 2012.

5.         City Council direct Transportation Services to review the feasibility of installing either a curb-cut or asphalt ramp on the north side of the pedestrian crossing at Bloor Street East and Parliament Street.  

6.         City Council request Transportation Services, in consultation with City Planning, to investigate the feasibility of implementing pedestrian improvements to the intersection of Bloor Street East and Parliament Street that may include:

-           Installing a pedestrian crossing on Bloor Street East on the east side of Parliament Street.

-           Adding left turn movement from Parliament Street northbound to Bloor Street East westbound.

-           Modifying the double left turn lane from Bloor Street East westbound to Parliament Street southbound to a single left turn lane.

-           Widening the bicycle lanes between Castle Frank Road and Sherbourne Street, similar to the widening and repainting that occurred on the Prince Edward Viaduct.

-           Removing the right turn channel from Bloor Street East eastbound to Parliament Street southbound.

The Toronto and East York Community Council recommends that:

1.         City Council adopt the North St. James Town Planning Framework Objectives for the lands located in the area bounded by Howard Street, Sherbourne Street and Bloor Street East and Parliament Street, attached to the August 6, 2010 report from the Director, Community Planning, Toronto and East York District, as Attachment 9.

2.         City Council direct staff to implement the Planning Framework when reviewing, analyzing and formulating recommendations on future development applications for properties in the area bounded by Howard Street, Sherbourne Street and Bloor Street East and Parliament Street.

3.         City Council direct appropriate staff to implement, where feasible, the North St. James Town Planning Objectives (found in Attachment 9 of the August 6, 2010 report from the Director, Community Planning, Toronto and East York District) when developing capital work programs and the St. James Town Community Improvement Plan. 

4.         City Council request the Chief General Manager of the Toronto Transit Commission to report to the Toronto and East York Community Council, through the Commission, on the status of improving the accessibility of Sherbourne Station and options for accelerating installation of an elevator by the end of 2012.

5.         City Council direct Transportation Services to review the feasibility of installing either a curb-cut or asphalt ramp on the north side of the pedestrian crossing at Bloor Street East and Parliament Street.  

6.         City Council request Transportation Services, in consultation with City Planning, to investigate the feasibility of implementing pedestrian improvements to the intersection of Bloor Street East and Parliament Street that may include:

-           Installing a pedestrian crossing on Bloor Street East on the east side of Parliament Street.

-           Adding left turn movement from Parliament Street northbound to Bloor Street East westbound.

-           Modifying the double left turn lane from Bloor Street East westbound to Parliament Street southbound to a single left turn lane.

-           Widening the bicycle lanes between Castle Frank Road and Sherbourne Street, similar to the widening and repainting that occurred on the Prince Edward Viaduct.

-           Removing the right turn channel from Bloor Street East eastbound to Parliament Street southbound.

The purpose of this report is to provide recommendations for the North St. James Town Planning Framework.  The purpose of the study is to assess whether existing planning controls are appropriate and permit desirable development in the North St. James Town area, as well as identify area public realm objectives.

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

1.         City Council amend the former Borough of East York Zoning By-law 6752, for the lands at 272, 274 and 280 Donlands Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report dated July 23, 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 the owner to pay for any improvements to the municipal infrastructure in connection with the Functional Servicing Report, as accepted by the Executive Director of Technical Services, should it be determined that upgrades to such infrastructure is required to support this development.

The Toronto and East York Community Council recommends that:

1.         City Council amend the former Borough of East York Zoning By-law 6752, for the lands at 272, 274 and 280 Donlands Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report dated July 23, 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 the owner to pay for any improvements to the municipal infrastructure in connection with the Functional Servicing Report, as accepted by the Executive Director of Technical Services, should it be determined that upgrades to such infrastructure is required to support this development.

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 a new 12-storey, 105 unit, mixed-use building at 272, 274 and 280 Donlands Avenue.  The application has been revised since April 2010, and no longer includes the properties located at 243 and 249 Cosburn Avenue.

The proposal will have an overall gross floor area of 9,189 m2, a floor space index of 6.6 times the lot area, and an overall building height of 36 metres.  The proposal will provide 210 m2 of indoor amenity space and 210 m2 of outdoor amenity space with approximately 560 m2 of the ground floor area to be allocated for WoodGreen office space.

This report reviews and recommends approval of the application to amend the former Borough of East York Zoning By-law 6752, as amended.

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

1.         City Council direct the City Solicitor to seek an adjournment of the Ontario Municipal Board hearing scheduled for October 25 – 28, 2010 to a date in 2011 in order to permit a community consultation meeting in the community on the merits of the application. Further, Toronto City Council commit to dealing with this issue in early 2011.

2.         City Council request the applicant and other interested parties (i.e. Toronto and Region Conservation Authority) to participate at such a public meeting.

3.         City Council request the Chief Planner and Executive Director, City Planning to convene an information meeting with the Governor's Bridge Community on the development application at 2 True Davidson Drive, prior to September 30, 2010, and representatives from Toronto and Region Conservation Authority be requested to attend.

4.         City Council receive the report (August 24, 2010) from the Chief Planner and Executive Director, City Planning and the City Solicitor.

5.         City Council direct that the Confidential Attachment to the report (August 24, 2010) from the Chief Planner and Executive Director, City Planning and the City Solicitor, remain confidential as it contains information that is subject to litigation and solicitor-client privilege.

City Council also issued confidential instructions to staff, such instructions to remain confidential as they relate to litigation and contain information that is subject to solicitor-client privilege.

Confidential Attachment 1 to the report (August 24, 2010) from the Chief Planner and Executive Director, City Planning and the City Solicitor, remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to litigation and solicitor-client privilege.

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

The Toronto and East York Community Council requested the Chief Planner and Executive Director, City Planning to report directly to Council on August 25, 2010, on:

a.         the issues raised by the speakers at the meeting of the Toronto and East York Community Council on August 17, 2010, particularly the lack of a public meeting;

b.         site development issues;

c.         previous understandings resulting from the original subdivision agreement as they pertain to the development and potential/desirability of this site; and

d.         planning and legal grounds under which City Council could oppose this application.

The Toronto and East York Community Council considered the following recommendations contained in the report dated July 29, 2010 from the Director, Community Planning, Toronto and East York District, headed "Request for Direction Report – 2 True Davidson Drive – Official Plan Amendment, Rezoning, Site Plan Control Applications":

1.         City Council authorize the City Solicitor and necessary City staff to attend at the Ontario Municipal Board hearing in support of the draft Official Plan Amendment and the draft Zoning By-law Amendment attached as Attachments 4 and 5 respectively to the July 29, 2010 report from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold any order approving the Official Plan and Zoning By-law Amendments until such time as the City advises that the conveyances to the City of Toronto and the Toronto and Region Conservation Authority have been completed in accordance with the applicable Subdivision Agreement, as amended and that outstanding subdivision matters have been addressed.

3.         City Council authorize the Chief Planner and Executive Director, in consultation with the City Solicitor, to authorize technical and stylistic changes to the draft Official Plan Amendment and the draft Zoning Amendment being supported as well as other modifications considered appropriate and consistent with the objectives outlined in this report with respect to the proposed designations and implementation of the applicable Toronto Official Plan policies.

4.         City Council authorize staff to continue with efforts to resolve any outstanding issues related to requirements of Technical Services as well as Toronto Region Conservation Authority and report directly to Council to its August 2010 meeting, if necessary, to obtain revised direction prior to the Ontario Municipal Board hearing.

5.         City Council authorize the City Solicitor and necessary City staff to take such necessary steps to implement the foregoing.

This application seeks amendments to the Official Plan and the former East York Zoning By-law 6752, as amended, to permit the construction of a two and a half-storey single-family dwelling at 2 True Davidson Drive.  The applicant is the owner of a block within the Governor’s Bridge subdivision (Block 63).  The proposed amendments relate to a subject site within the block that will be created as a remnant parcel once certain land conveyances to the City and the Toronto and Region Conservation Authority are completed pursuant to an applicable Subdivision Agreement.  The subject site is located outside of the original zoning amendment area applicable to the lots within the plan of subdivision for the Governor’s Bridge area.

The applicant has appealed the Official Plan and Zoning By-law Amendment applications to the Ontario Municipal Board due to Council’s failure to make a decision on the applications within the time prescribed by the Planning Act.  The Site Plan application has also been appealed.  A one week OMB hearing has been scheduled for the week of October 25, 2010.

This report seeks Council’s direction with respect to the Official Plan and Zoning By-law Amendments given that a Final Report was never submitted.

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

1.         City Council amend Zoning By-law 438-86, for the lands at 2055 and 2057 Danforth Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8, to the July 23, 2010 report of the Director of 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 the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act, prior to the issuance of the Notice of Approval Conditions for Site Approval, to secure the following:

a.         The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.          the owner shall make a cash payment to the City in the amount of $100,000 for improvements to East Lynn Park, such payment to be made prior to execution of the Section 37 agreement or December 31, 2010, whichever occurs first;

ii.         the owner shall make a cash payment to the City in the amount of $100,000 for improvements to Stephenson Park, such payment to be made prior to execution of the Section 37 agreement or December 31, 2010, whichever occurs first; and

iii.        the owner shall make a cash payment to the City in the amount of $100,000 for improvements to Moncur Playground, such payment to be made prior to execution of the section 37 agreement or December 31, 2010, whichever occurs first.

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

i.          as part of the Site Plan Approval process, the owner shall provide 1:50 scale drawings for the first 5 storeys of the north and south elevations of the building with building materials labelled;

ii.         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;

iii.        the owner shall develop and implement a Construction Mitigation Plan and Communication Strategy, approved by the Director of Community Planning, Toronto and East York District, prior to the issuance of the first building permit (including excavation permit);

iv.        the owner shall agree to provide and maintain an irrigation system for the proposed trees within the public road allowances, including an automatic timer designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and construct with backflow preventer to the satisfaction of the General Manager of Parks, Forestry and Recreation; and

v.         the owner shall agree to 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.

4.         City Council request the applicant to achieve as many Tier 2 Development Standards as possible through the Site Plan approval process.

5.         City Council authorize Transportation Services to undertake a review of the current parking regulations on the adjacent streets to facilitate additional visitor and commercial parking.

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86, for the lands at 2055 and 2057 Danforth Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8, to the July 23, 2010 report of the Director of 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 the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act, prior to the issuance of the Notice of Approval Conditions for Site Approval, to secure the following:

a.         The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.          the owner shall make a cash payment to the City in the amount of $100,000 for improvements to East Lynn Park, such payment to be made prior to execution of the Section 37 agreement or December 31, 2010, whichever occurs first;

ii.         the owner shall make a cash payment to the City in the amount of $100,000 for improvements to Stephenson Park, such payment to be made prior to execution of the Section 37 agreement or December 31, 2010, whichever occurs first; and

iii.        the owner shall make a cash payment to the City in the amount of $100,000 for improvements to Moncur Playground, such payment to be made prior to execution of the section 37 agreement or December 31, 2010, whichever occurs first.

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

i.          as part of the Site Plan Approval process, the owner shall provide 1:50 scale drawings for the first 5 storeys of the north and south elevations of the building with building materials labelled;

ii.         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;

iii.        the owner shall develop and implement a Construction Mitigation Plan and Communication Strategy, approved by the Director of Community Planning, Toronto and East York District, prior to the issuance of the first building permit (including excavation permit);

iv.        the owner shall agree to provide and maintain an irrigation system for the proposed trees within the public road allowances, including an automatic timer designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and construct with backflow preventer to the satisfaction of the General Manager of Parks, Forestry and Recreation; and

v.         the owner shall agree to 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.

4.         City Council request the applicant to achieve as many Tier 2 Development Standards as possible through the Site Plan approval process.

5.         City Council authorize Transportation Services to undertake a review of the current parking regulations on the adjacent streets to facilitate additional visitor and commercial parking.

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 12 storey mixed-use building at 2055 and 2057 Danforth Avenue with retail uses at grade, 148 residential units and 2 levels of below grade parking accessed off of Woodbine Avenue.

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

a.         the proposed development provides a transition in scale and density as it steps down from the Danforth Avenue mixed use corridor to the low density neighbourhood;

b.         the proposed development maintains adequate sunlight for residents in abutting neighbourhoods and at pedestrian level on Danforth Avenue;

c.         the applicant’s Avenue Segment Review (as adopted by staff) indicates that incremental redevelopments of the same general scale (but as modified in the future by the Mid-Rise Performance Standards) within the identified Avenue Segment will not negatively impact the adjacent neighbourhoods;

d.         the site is within a block of the Woodbine subway station and has excellent transit connections to most points within the City;

e.         the site is on Danforth Avenue with close proximity to retail, service and entertainment facilities and places of employment; and

f.          the Section 37 benefits that would be secured as a result of approval and construction of this development including contributions towards 3 parks in the vicinity of the proposed development.

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

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

1.         City Council repeal By-law 587-2010 being a by-law to designate the Kingswood Road South Heritage Conservation District and adopt the Kingswood Road South Heritage Conservation District Plan.

2.         City Council designate by by-law the area shown on Attachment No. 1, attached to the report dated July 15, 2010, from the Acting Director, Policy and Research, City Planning Division, as the Kingswood Road South Heritage Conservation District, in accordance with Section 41 of the Ontario Heritage Act.

3.         City Council adopt by by-law the Kingswood Road South Heritage Conservation District Plan, dated June 5, 2009, as the District Plan for the Kingswood Road South Heritage Conservation District, for use by property owners, City staff, advisory committees and City Council when making decisions regarding matters set out under Section 42 of the Ontario Heritage Act.

4.         If there are any objections to the by-law under Section 41 of the Ontario Heritage Act, City Council direct the City Solicitor to appear before the Ontario Municipal Board to defend the by-law.

5.         Until such time as the new by-law designating the area as the Kingswood Road South Heritage Conservation District comes into force or is repealed, City Council direct that all properties within the proposed Kingswood Road South Heritage Conservation District, be listed on the City's Inventory of Heritage Properties, unless already designated under Part IV of the Ontario Heritage Act.

6.         City Council direct that the height limit and minimum lot frontages in the zoning by-law be reviewed and amended as necessary to more closely match the guidelines in the Kingswood Road South Heritage Conservation District Plan.

The Toronto and East York Community Council recommends that:

1.         City Council repeal By-law 587-2010 being a by-law to designate the Kingswood Road South Heritage Conservation District and adopt the Kingswood Road South Heritage Conservation District Plan.

2.         City Council designate by by-law the area shown on Attachment No. 1, attached to the report dated July 15, 2010, from the Acting Director, Policy and Research, City Planning Division, as the Kingswood Road South Heritage Conservation District, in accordance with Section 41 of the Ontario Heritage Act.

3.         City Council adopt by by-law the Kingswood Road South Heritage Conservation District Plan, dated June 5, 2009, as the District Plan for the Kingswood Road South Heritage Conservation District, for use by property owners, City staff, advisory committees and City Council when making decisions regarding matters set out under Section 42 of the Ontario Heritage Act.

4.         If there are any objections to the by-law under Section 41 of the Ontario Heritage Act, City Council direct the City Solicitor to appear before the Ontario Municipal Board to defend the by-law.

5.         Until such time as the new by-law designating the area as the Kingswood Road South Heritage Conservation District comes into force or is repealed, City Council direct that all properties within the proposed Kingswood Road South Heritage Conservation District, be listed on the City's Inventory of Heritage Properties, unless already designated under Part IV of the Ontario Heritage Act.

6.         City Council direct that the height limit and minimum lot frontages in the zoning by-law be reviewed and amended as necessary to more closely match the guidelines in the Kingswood Road South Heritage Conservation District Plan.

The Toronto Preservation Board on July 29, 2010, considered the report (July 15, 2010) from the Acting Director, Policy and Research, City Planning, respecting Kingswood Road South Heritage Conservation District.

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

1.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 27 of the Ontario Heritage Act with the owners of the property at 150 College Street (also known as 170 College Street).

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

3.         City Council amend By-Law No. 88-76 designating the property at 150 College Street (also known as 170 College Street and containing the Mining Building) under Part IV, Section 29 of the Ontario Heritage Act to update the By-law by revising the Reasons for Designation in accordance with the 2005 amendments to the Ontario Heritage Act.

The Toronto and East York Community Council recommends that:

1.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 27 of the Ontario Heritage Act with the owners of the property at 150 College Street (also known as 170 College Street).

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

3.         City Council amend By-Law No. 88-76 designating the property at 150 College Street (also known as 170 College Street and containing the Mining Building) under Part IV, Section 29 of the Ontario Heritage Act to update the By-law by revising the Reasons for Designation in accordance with the 2005 amendments to the Ontario Heritage Act.

This report recommends that City Council grant authority to enter into a heritage easement agreement for the property at 150 College Street (also known as 170 College Street which contains the Mining Building, University of Toronto) and amend By-law No. 88-76 designating the property under Part IV, Section 29 of the Ontario Heritage Act to revise the Reasons for Designation to describe the site’s cultural heritage values and attributes.

The property is located on the northeast corner of College Street and King’s College Road. The University of Toronto’s Faculty of Applied Science and Engineering is converting the Mining Building as its Centre for Innovation in the Canadian Mining Industry. The University of Toronto has agreed to enter into a heritage easement agreement with the City. It is the practice of the City when executing a heritage easement agreement on a previously designated property to amend the designating bylaw to reflect the 2005 amendments to the Ontario Heritage Act.

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

1.         City Council state its intention to designate the following properties under Part IV, Section 29 of the Ontario Heritage Act:

a.         212 King Street West (Union Building)

b.         220 King Street West (Nicholls Building)

c.         266 King Street West (Reid Building)

d.         276 King Street West (Gillett Building)

e.         284 King Street West (Anderson Building)

f.          322 King Street West (Eclipse Whitewear Building).

2.         If there are no objections to the designations 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 properties 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 designations to the Conservation Review Board.

4.         If the designations are 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 designations of the properties.

5.         City Council authorize the City Solicitor and appropriate staff to take such necessary steps to implement the foregoing.

The Toronto and East York Community Council recommends that:

1.         City Council state its intention to designate the following properties under Part IV, Section 29 of the Ontario Heritage Act:

a.         212 King Street West (Union Building)

b.         220 King Street West (Nicholls Building)

c.         266 King Street West (Reid Building)

d.         276 King Street West (Gillett Building)

e.         284 King Street West (Anderson Building)

f.          322 King Street West (Eclipse Whitewear Building).

2.         If there are no objections to the designations 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 properties 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 designations to the Conservation Review Board.

4.         If the designations are 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 designations of the properties.

5.         City Council authorize the City Solicitor and appropriate staff to take such necessary steps to implement the foregoing.

This report recommends that City Council state its intention to designate under Part IV, Section 29 of the Ontario Heritage Act the properties listed in Recommendation No. 1 below, and to amend City of Toronto By-law No. 512-75 designating the property at 260 King Street West (Royal Alexandra Theatre) to revise the Reasons for Designation in accordance with the 2005 amendments to the Ontario Heritage Act.