September 22, 1998

To:North York Community Council

From:Bryan W. Tuckey

Director, Community Planning, North District

Subject:SUPPLEMENTARY REPORT NO. 1

ZONING AMENDMENT AND SITE PLAN APPLICATION

UDZ-97-12 & UDSP-97-042

Edilcan Development Corporation

16, 18, 20, 26 & 30 Byng Avenue

Ward 10 - North York Centre

Purpose:

The purpose of this report is to table a revised draft by-law for the Public Meeting on the Edilcan application and to report on revised recommendations from the Economic Development, Culture & Tourism Department with respect to park requirements. . Edilcan Development Corporation is seeking zoning on their property, located at 16, 18, 20, 26 & 30 Byng Avenue, which would allow for redevelopment of the site. A report on this proposal was received by the North York Community Council on July 22, 1998. The public meeting is scheduled for the October 14, 1998 North York Community Council meeting.

Financial Implications:

Not applicable.

Recommendations:

It is recommended that the application be approved:

(1)that the application be approved with the revised conditions attached as Appendix 1 to this report

Background:

Technical modifications have been made to the draft by-law consistent with the intent of the report considered at the July 22, 1998 meeting of North York Community Council. A revised by-law has been prepared which ensures consistency in the use of certain words, corrects the maximum parking requirements for this development, and now includes the minimum lot area required for development of the properties.

Revised comments have been received from the Economic Development Culture & Tourism Department (see Schedule "B") which recommend the acceptance of cash in lieu of parkland.

Discussion:

The draft by-law which was appended to the staff report which was received by Community Council on July 22, 1998, has been revised by making a minor change to the definition of "private recreational amenity space" and by standardizing its use throughout the by-law. In addition, "residential units" have been changed to "dwelling units" [Subsection (f)] and the word "regulations" has been changed to "provisions" [Subsection (n)].

The parking requirements have been corrected so that the maximum parking space per dwelling unit is 1.3 plus the visitors requirement.

The maximum building height permitted has been revised to 48.0 metres to reflect the height of the proposed building.

City staff requested that the applicant purchase 30 Byng Avenue, a portion of which will be used for the Uptown Service Road and the widening of Byng Avenue. The sale of this property to Edilcan is conditional upon approval of the rezoning application. The conditions of approval direct that the City Solicitor be satisfied that the conveyance of 30 Byng Avenue to the City has been adequately secured prior to the enactment of the zoning.

Conclusions:

The revised by-law attached as Schedule "A" to this report reflects minor revisions to the by-law for this application. This by-law, along with the report received by Community Council on July 22, 1998, should be considered at the statutory public meeting for this application on October 14, 1998.

Contact Name:

Gwen Manderson, Senior Planner

North York Civic Centre

Telephone: (416)395-7117

______________________________

Bryan W. Tuckey

Director, Community Planning, North District

Schedules:

Appendix 1Consolidated Recommendations of Approval; changes highlighted in bold.

"A"draft Zoning By-law

APPENDIX 1

Recommendations:

It is recommended that the application be approved subject to the following:

(1)Staff be directed to do all things necessary to ensure that at the time of the enactment of any zoning by-law the following conditions have been satisfied:

Zoning By-law

(a)an implementing zoning by-law which generally complies with the draft by-law attached as Schedule "A" to the report dated September 22, 1998 has been perfected;

(b)the Owner has paid to the City in cash or certified cheque, the Yonge Centre Development Charges in accordance with Council policy as amended from time to time;

(c)a 2.933 metre widening along the Byng Avenue frontage has been conveyed to the City free and clear of all encumbrances, and

(d)that arrangements have been made satisfactory to the City Solicitor and the Director, Community Planning, North District, for the conveyance to the City free and clear of all encumbrances of the relevant portion of a lot identified on a Plan of Survey prepared by Paul Kidd Surveyors Ltd., dated and signed by the Surveyor on January 16, 1998, as Lot 51, R.P. 2282, for the Service Road.

General

(f)the Owner has acknowledged and agreed that prior to the issuance of any Building Permit, the following condition will be required to have been met:

(i)that they shall pay to the City in cash or certified cheque, on or before Building Permit issuance, the City-wide and Hydro Development Charges, the Sewer and Water Services Development Charge, and the Sheppard Subway Development Charge, in accordance with Council policy as amended from time to time.

(2)Prior to enactment of the zoning by-law, the Director, Community Planning, North District, shall have granted site plan approval with the conditions generally described in Appendix "B" to the report dated July 8, 1998;

SCHEDULE "A"

Authority:

Intended for first presentation to Council:

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No.

To amend By-law 7625, as amended.

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Schedules "B" and "C" of By-law No. 7625 are amended in accordance with Schedule 1 of this by-law.

2.Section 64.20-A of By-law No. 7625 is amended by adding the following subsection:

64.20-A(88)RM6(88)

PERMITTED USES

(a)The only permitted uses shall be:

Apartment House Dwelling and uses accessory thereto including accessory Private Recreational Amenity Space.

EXCEPTION REGULATIONS

(b)DEFINITIONS

(i)For the purpose of this exception, "gross floor area" shall mean the aggregate of the areas of each floor,

City of Toronto Bill No.

measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, but excluding:

a)below grade mechanical floor area;

b)any space used for vehicle parking; and

c)indoor private recreational amenity space.

(ii)For the purposes of this exception, "mechanical floor area" shall mean the floor area within a building that is used exclusively for the accommodation of mechanical equipment necessary to physically operate the building, such as heating and ventilation, air conditioning, electrical, plumbing, fire protection and elevator equipment.

(iii)For the purposes of this exception, "private recreation amenity space" shall mean an area set aside for social and recreational purposes, which is for the use of all occupants of the building. Social and recreational purposes include indoor or outdoor space, unless otherwise specified, such as playgrounds, tennis courts, lawn bowling greens, indoor or outdoor swimming pools, exercise or entertainment rooms, and other similar uses.

(c)The total gross floor area of all permitted uses shall not exceed the sum of 12,151 m².

(d)The maximum number of dwelling units shall be 136.

(e)The landscaped area shall be 1,715.1 m².

(f)A minimum of 25% of the total number of dwelling units constructed are to be provided as follows:

(i)one (1) bedroom units having a maximum gross floor area of 70 m²; or

(ii)two (2) bedroom units having a maximum gross floor area of 80 m²; or

(iii)three (3) bedroom units having a maximum gross floor area of 120 m²; or

(iv)any combination of the above.

(g)Private Recreational Amenity Space Requirement:

(i)a minimum gross floor area of 1.5 m² per dwelling unit of indoor recreational amenity space shall be provided; and

(ii)a minimum area of 1.5 m² per dwelling unit of outdoor open space shall be provided.

(h)Maximum Building Height

(i)The height of all building and structures shall be measured from the established grade;

(ii)The maximum height of all buildings and structures or portions thereof shall be 48.0 metres; and

(iii)Notwithstanding (ii), the maximum height of all buildings or structures or portions thereof shall not exceed the horizontal distance between the building or structure and the Relevant Residential Property Line (RRPL), as shown on Schedule RM6(88).

(i)Yard Setbacks

Minimum yard setbacks shall be as shown on Schedule RM6(88).

(j)Lot Coverage

No maximum lot coverage.

(k)Lot Depth

No minimum lot depth.

(l)Lot Area

No minimum lot area.

(m)Parking

Parking for residential uses shall be provided below grade on the lands zoned RM6(88) at the following rates:

(i)Number of Spaces:

(A)a minimum of 0.9 parking spaces per dwelling unit plus 0.1 parking spaces per dwelling unit for visitor use; and

(B)a maximum of 1.3 parking spaces per dwelling unit plus 0.1 parking spaces per dwelling unit for visitor use.

(n)Notwithstanding any severance or division of the lands which are subject to this exception, the provisions of this exception shall continue to apply to the whole of the lands.

3.Section 64.20-A of By-law 7625 is amended by adding Schedule RM6(88) attached to this by-law.

ENACTED AND PASSED this day of , A.D. 1998

MayorCity Clerk