MOTION FOR CONSIDERATION BY THE NORTH YORK COMMUNITY COUNCIL AT ITS MEETING SEPTEMBER 16, 1998

MOVED BY:Councillor John Filion

WHEREASIn March 1997, the Council of the City of North York approved the development of a 23-storey, 269 unit residential development at 20, 24, 26, 30 and 32 Empress Avenue and 11, 15, 17 and 21 Kingsdale Avenue (The Majestic Condominium) and enacted By-law No. 32948; and

WHEREASA Development and Site Plan Approval Agreement was executed between the owner and the City of North York, which included conditions of Site Plan Approval to be satisfied prior to building permit issuance; and

WHEREASOne of the conditions of Site Plan Approval requires the owner to submit final drawings incorporating revised details to the satisfaction of the Commissioner of Planning, in consultation with the Ward Councillor; and

WHEREASA community meeting was held on June 29, 1998 with the participation of planning staff, representatives of the community, and the applicant, during which community representatives expressed their concerns regarding construction safety, traffic, and noise after 7:00 p.m. and before 7:00 a.m.; and

WHEREASThe applicant has already greatly upset area residents with illegal construction noise at this site prior to the issuance of a building permit; and

WHEREASThe applicant has a history of disregarding the City's noise bylaw and existing deterrents have been unsuccessful in changing this behaviour,

NOW THEREFORE BE IT RESOLVED

That, in order to address community concerns regarding potential noise by-law infractions during the construction of the building, the North York Community Council requests the applicant to post a Performance Bond with the City of Toronto in the amount of $50,000 as a condition of the issuance of the building permit, and that the bond only be drawn upon for each conviction of noise by-law infraction during construction, in increments of $10,000; and

FURTHER BE IT RESOLVED

That the letter of credit be returned to the applicant following construction if no

notices of violation or court dates are pending.

EXTRACT FROM THE MINUTES OF THE MEETING OF

NORTH YORK COUNCIL HELD ON

MARCH 5, 1997

75.UDZ-95-14 AND UDSP-95-033 - EMPRESS GATE - 20, 24, 26, 30 AND 32 EMPRESS AVENUE AND 11, 15, 17 AND 21 KINGSDALE AVENUE. WARD 11

In considering this matter, Council had before it the following:

Report (February 28, 1997) from the Commissioner of Planning; and

Joint Report from the Planning Commissioner and the City Solicitor forwarding a draft By-law to amend By-law No. 7625, as amended.

It was moved by Councillor Filion, seconded by Councillor Summers, that the recommendations in the report (February 28, 1997) from the Commissioner of Planning, be adopted; that the revised site plan be approved subject to the specified conditions; and that:

a)pursuant to section 34(17) of the Planning Act, no further notice be given with respect to the enactment of the by-law;

b)the conveyance of 21 Kingsdale Avenue to the City of North York be accepted with an existing tenancy for 90 days from the date of by-law enactment; and

c)By-law No. 32948, being a by-law to amend By-law No. 7625, as amended, be enacted;

and that the appropriate City Officials be directed to do all things necessary to carry out Council's instructions.

Motion carried

(See By-law No. 32948)