September 15, 1998

To:Toronto Community Council

From:H.W.O. Doyle

Subject:Draft By-law Amendments - 1117 Dundas Street West (Ward 20 - Trinity-Niagara)

Purpose:

This report provides the necessary Official Plan and Zoning By-law amendments to permit the mixed-use project proposed for 1117 Dundas Street West. The project contains a total of 36 dwelling units in a four storey building with ground floor retail.

Funding Sources, Financial Implications and Impact Statement:

The enactment of the Draft By-laws has no financial implications for the City. It requires no funding.

Recommendations:

It is recommended that:

(1)the Toronto Community Council hold a public meeting in respect of the Draft By-laws in accordance with the provisions of the Planning Act.

Following the public meeting and in the event the Toronto Community Council wishes to approve the Draft By-laws, it could recommend:

(2)subject to receipt of a signed Undertaking under Section 41 of the Planning Act, that the Draft By-laws attached to the report (September 15, 1998) of the City Solicitor be approved and that authority be granted to introduce the necessary bills in Council to give effect thereto.

Council Reference/Background/History:

Toronto Community Council will have before it the final report of the Commissioner of Urban Planning and Development Services (September28,1998) at its meeting to be held on October14and15,1998 concerning the above noted subject. This report recommends, inter alia, that Draft By-laws be prepared by the City Solicitor to authorize the proposed mixed-use project at 1117 Dundas Street West. The owner of the site is required to enter into an Undertaking under Section 41 of the Planning Act prior to the by-laws being passed by Council.

Comments and/or Discussion and/or Justification:

This report contains the necessary Draft By-laws, which, if enacted, will give effect to the planning report.

Contact Name:Robert Balfour, Solicitor

Telephone:392-7225

Fax:392-0024

E-mail:rbalfour@city.toronto.on.ca

H.W.O. Doyle

City Solicitor

Legal Services

RB:jh

Attach.

p:\1998\ug\cps\leg\to980035.leg

DRAFT BY-LAW (1)

Authority:Toronto Community Council Report No. ( )

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To adopt an amendment to the Official Plan for the former City of Toronto

respecting lands known as No. 1117 Dundas Street West.

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

1.The text and map annexed hereto as Schedule"A" are hereby adopted as an amendment to the Official Plan for the City of Toronto.

2.This is Official Plan Amendment No. 129.

SCHEDULE "A"

1.Section 18 of the Official Plan for the City of Toronto is amended by adding a new Section 18.479 as follows:

"18.479Lands known as No. 1117 Dundas Street West

Despite any of the provisions of this Plan, Council may pass By-laws applicable to the lands shown on Map18.479 to permit the erection and use of a mixed-use building containing not more than 36dwelling units having a maximum residential gross floor area of 2966square metres, a maximum non-residential gross floor area of 673 square metres and a maximum total gross floor area of 3639square metres.

For the purposes of this amendment, the terms "dwelling unit", "mixed-use building", "non-residential gross floor area" and "residential gross floor area", shall have the same meaning as those terms have for the purposes of By-law No.438-86, being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended."

DRAFT BY-LAW (2)

Authority:Toronto Community Council Report No. ( )

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To amend the General Zoning By-law No.438-86

with respect to lands known as No. 1117 Dundas Street West.

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

1.None of the provisions of Sections4(2)(a), 4(5)(i)(ii), 4(6)(b), 6(1)(a), 6(3)PARTI1, 6(3)PARTII 2(ii),6(3) PART II 3G., 6(3)PARTII4, 6(3)PARTII5, 6(3)PARTIII1(b) of By-law No.438-86, being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended, shall apply to prevent the erection and use on the lot of a mixed-use building containing not more than 36dwelling units, provided:

(1)the lot consists of at least the lands shown outlined by the heavy lines on the attached Map1;

(2)the residential gross floor area of the mixed-use building does not exceed 2966square metres;

(3)the non-residential gross floor area of the mixed-use building does not exceed 673 square metres;

(4)the combined residential gross floor area and non-residential gross floor area of the mixed-use building does not exceed 3639square metres;

(5)no portion of the mixed-use building above grade is located otherwise than wholly within the area delineated by heavy lines as shown on the attached Map2;

(6)the height of the mixed-use building does not exceed 13.0metres;

(7)not less than 19 dwelling units having two or more bedrooms are provided within the mixed-use building;

(8)not less than 49 parking spaces are provided and maintained by the owner on the lot of which not less than 29 parking spaces are reserved for the exclusive use of residents of the lot and of which not less than 10 parking spaces are reserved for visitors to all uses on the lot; and

(9)ingress and egress to and from the required parking facilities shall be provided by an unobstructed driveway having a minimum width of 4.0 metres for two-way operation.

2.For the purposes of this By-law, each word or expression which is italicized herein shall have the same meaning as such word or expression as defined in the aforesaid By-law No.438-86.