March 2, 1998

  To:East York Community Council

 From:Richard Z. Tomaszewicz

Commissioner of Development Services

 Subject:Draft Plan of Condominium Application

File No. CDM-97056

Leaside Green Inc.

2 -22 Leaside Park Drive

15 and 17 Overlea Boulevard

Part of Block F R. M-736

 Purpose:

 This is an information report to the April 1, 1998 meeting of the East York Community Council. On January 29, 1998 Leaside Green Inc. submitted an application for Draft Plan of Condominium approval for 82 townhouse units. These units are currently under construction - they have been issued foundation permits - and are expected to be completed later this year.

 Condominium approval authority had previously been delegated by the Province to Metropolitan Toronto. The previous Metropolitan Council, in turn, delegated this authority to the Commissioner of Planning. Staff of the new City of Toronto are currently formulating recommendations for "best practices" to be employed by the new City to process applications. These have yet to be ratified by the Toronto City Council. Until this matter is resolved, the previous procedures remain in effect. Thus this report is being submitted to the East York Community Council for information only. Staff`s recommended conditions of approval will be forwarded to the appropriate City official for approval pursuant to the delegated authority.

 Recommendation:

 It is recommended that East York Community Council receive this report as information.

 Background:

 The site is designated in the Official Plan as "East York Centre Mixed Use Area" on Map 2 Predominant Land Use and "Special Policy Area 8" on Map 7A Special Policy Areas of the East York Official Plan. Special Policy Area 8 prohibits the use of lands so designated for either residential or freestanding retail commercial uses. This site however is exempted from that requirement provided Council approves its rezoning for these specific uses. The required rezoning took place on May 20, 1997.

 On May 20, 1997, Council enacted Site Specific Zoning By-law Amendment No. 69-97. It rezones the site to Residential R2B.2 zoning and permits its development with a maximum of 79 townhouse dwellings. The originally permitted number of units was subsequently increased

to 82 by a Committee of Adjustment decision issued on August 20, 1997. The development complies with all the requirements set out in the by-law and with the approved Site Plan.

Comments:

The project provides a total of one hundred and two (102) parking spaces comprised of eighty eight (88) individual garage spaces and fourteen (14) surface roadside parking spaces intended for visitors. Access to the proposal is from Leaside Park Drive via a private six (6) metre wide internal road. Both it, and the fourteen (14) visitor parking spaces, are to be held in common by the Condominium Corporation.

 Our recommendation for approval contains the requirements of several agencies departments who responded to our request for comments; most notably Parks, Recreation and Operations, Bell Canada and Canada Post. We have been advised that the applicants have not yet paid the required parkland dedication fee. To ensure that this fee is paid, our recommendations of approval require that the registration of the condominium be conditional on this payment.

 Conclusion:

 Our review of this plan has not raised any concerns. Consequently we will be requesting that

the Draft Plan of Condominium CDM 97856 for Leaside Green Inc., for 2-22 Leaside Park Drive and 15 and 17 Overlea Boulevard, being Part of Block F, R.P. M-736 be approved by the appropriate delegated City of Toronto official, and that this approval be granted subject to the following conditions:

 1.The approval shall apply to the Draft Plan of Condominium prepared by R. Avis Surveying Inc. under project No. 1344-0 on December 15, 1997;

 2.Prior to registration, the owner shall discharge its obligation with respect to the required cash-in-lieu of parkland payment to the satisfaction of the City;

 3.The City of Toronto standard form of condominium agreement shall be executed by the developer, the City and all Encumbrancers within six months of the giving of the City`s approval to the draft plan of condominium;

 4.The Developer shall submit the condominium declaration and by-laws to the City Solicitor for his approval and clearance by the City of the draft plan of condominium for registration;

 5.The architect and/or professional engineer who undertook the design and review of the construction shall certify that the buildings "have been constructed"as defined by Section 7 of Ontario Regulation 97 under the Condominium Act. Such certification shall be accompanied by "as built" drawings and two copies of an up-dated, certified site survey plan showing all relevant dimensions and setbacks certified by a responsible architect or engineer;

 6.Confirmation from Toronto Hydro that all of their requirements have been satisfied, including:

 i)that a Hydro Servicing agreement has been entered into; and

 ii)that adequate provision has been made for the granting of any easements or rights-of-way that may be required for Hydro purposes and that any agreements respecting Hydro services have been entered into with Toronto Hydro, including any easements right-of-way or agreements required with the Condominium Corporation, at no cost to the utility;

 7.The agreement referred to in condition No. 3 above shall provide that the owner and/or the Condominium Corporation shall grant to the City of Toronto or to any public utility, such easements or rights-of-way as may be necessary to service the subject lands with such utility at no cost to the utility;

 8.Confirmation from Bell Canada that satisfactory arrangements, financial or otherwise, have been made with Bell Canada for any Bell Canada facility servicing the draft plan of condominium which are required by the City to be installed, a copy of such confirmation to be forwarded to the City;

 9.Confirmation from Canada Post that adequate arrangements have been made for the installation of central mail facility;

10.The agreement referred to in Condition No.3 shall contain the requirements of the Acting Commissioner of Parks, Recreation and Operations contained in his memo dated March 5, 1998 attached; and,

 11.That the fourteen (14) visitor parking spaces not be unitized or made exclusive use

components of the common element.

 Contact Name:

  Jean Besz, Senior Planner

(416) 778-2045 (416) 466-9877

 Richard Tomaszewicz

Commissioner of Development Services