STAFF REPORT

November 18, 1999

To: Toronto Community Council

From: H.W.O. Doyle

Subject: Draft By-law - Zoning By-law Amendment for 381 and 395 Mount Pleasant Road

(Ward 22 - North Toronto)

Purpose:

This report provides the necessary draft by-law amendments to permit the redevelopment of an automobile service station and automobile dealership to a gas bar and retail store on the lands municipally known as 381 and 395 Mount Pleasant Road.

Financial Implications and Impact Statement:

The enactment of the Draft By-law has no financial implications or impact 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-law 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-law, it could recommend:

(2) the Draft By-law attached to the report (November 18, 1999) of the City Solicitor be approved and that authority be granted to introduce the necessary Bill in Council, substantially in the form of the Draft By-law to give effect thereto.

Background:

Toronto Community Council at its meeting of December 2, 1999 will have before it the recommendations contained in the Final Report of the Acting Commissioner Urban Planning and Development Services (November 15, 1999) concerning the above-noted subject. This report recommends a Zoning By-law Amendment which will permit the redevelopment of an automobile service station and automobile dealership to a gas bar and retail store on the lands municipally known as 381 and 395 Mount Pleasant Road.

Comments:

This report contains the necessary Draft By-law, which, if enacted, will give effect to the Planning Report.

Conclusions:

N/A

Contact:

Marc Kemerer

Solicitor, Planning and Administrative Tribunal law

Telephone: (416) 392-1228

Fax: (416) 397-4420

E-mail: mkemerer@toronto.ca

H.W.O. Doyle

City Solicitor

Legal Services

List of Attachments:

1. Draft Zoning By-law

C:\in\it008

Attachment No. 1

DRAFT BY-LAW

Authority: Toronto Community Council Report No. , Clause No. ,

as adopted by City of Toronto Council on

Enacted by Council:

CITY OF TORONTO

BY-LAW No. -1999

To amend the General Zoning By-law 438-86, as amended, respecting the lands

municipally known in 1998 as 381 and 395 Mount Pleasant Road.

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

1. None of the provisions contained in Sections 12(2) 118 (ii) A and 119 D (iii), 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 of a gas bar and retail store on the lands known in 1998 as 381 and 395 Mount Pleasant Road, provided:

(1) the lot consists of the lands shown outlined by heavy lines on Map 1 attached to and forming part of this by-law;

(2) the building existing on the lot shall not be used for a restaurant or a take-out restaurant;

(3) no part of the building above grade extends beyond the heavy lines on Map 2 attached to and forming part of this by-law;

(4) the combined non-residential gross floor area of the retail store and gas bar does not exceed 340 square metres;

(5) the height of the building does not exceed the height limits specified on Map 3, attached to and forming a part of this by-law;

(6) not less than fourteen parking spaces shall be provided and maintained on the lot;

(7) not more than fourteen parking spaces shall be provided and maintained on the lot.

(Maps to be inserted)