Authority: North York Community Council Report No.5 Clause No. 27

as adopted by City of Toronto Council on June 9, 10, 11, 1999

Enacted by Council:

CITY OF TORONTO

Bill No. 451

BY-LAW No.

To amend City of North York By-law 7625

in respect of lands municipally known as

5200 and 5182 Yonge Street

To amend City of North York By-law No. 7625

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 of the former City of North York are amended in accordance with Schedule "1" of this By-law.

2.Section 64.23 of By-law 7625 of the former City of North York is amended by adding the following subsection:

"64.23(94)C1(94)

DEFINITIONS

Gross Floor Area(a)For the purposes of this exception, "Gross Floor Area" shall mean the total of the areas of all of the floors, measured between the outside of the exterior walls of the building at the level of each floor, including any areas used as enclosed balconies measured to the outside edges of the balcony floors, but excluding:

(i)Mechanical Floor Area;

(ii)any area used for motor vehicle access or underground parking.

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

Net Site(c)For the purposes of this exception, "Net Site" shall mean the gross site minus any lands that have been conveyed to the City of Toronto for roads or road widenings.

Apartment House Dwelling(d)For the purposes of this exception, "Apartment House Dwelling" shall mean a building containing more than four (4) dwelling units, each unit having access either from an internal corridor system or direct access at grade, or any combination thereof.

Relevant Residential(e)For the purposes of this exception, "Relevant Residential Property

Property LineLine" shall mean the eastern limits of Lot 29 on Registered Plan 3967, Lots 24 and 11 on Registered Plan 5088 and Block 4 on Registered Plan 2097.

PERMITTED USES

(f)None of the uses permitted in the C1 zone shall be permitted. The following uses only shall be permitted:

apartment house dwellings,

automatic laundry shops,

banks,

banquet halls,

billiard parlours,

bowling alleys,

branches of financial institutions,

business and professional offices,

clubs,

commercial schools,

community meeting spaces,

custom workshops making articles or products to be sold at retail on

the premises,

day nurseries,

dry-cleaning and laundry collecting establishments,

personal service shops,

professional medical offices,

recreational and commercial recreational uses,

restaurants,

retail stores,

service shops,

studios,

synthetic dry-cleaning establishments,

theatres.

QUALIFICATIONS TO BE COMPLIED WITH IN THE C1(94) ZONE

First Floor Uses(g)The only permitted uses on the first floor level along the Yonge Street frontage shall be:

circulation areas,

custom workshops making articles or products to be sold at retail on

the premises,

office lobbies,

personal service shops,

restaurants, and

retail stores.

Yonge Street Frontages(h)All of the uses in 64.23(94)(g) except for office lobbies shall have a maximum width of frontage of 14 metres along Yonge Street.

(i)Office lobbies shall have a maximum width of frontage of 6 metres along Yonge Street.

EXCEPTION REGULATIONS

(j)GROSS FLOOR AREA

The maximum permitted total Gross Floor Area as defined in 64.23(94)(a) shall be the sum of:

Net Site(i)a gross floor area of 20,664 mē, attributable to the net site of which up to a maximum of 50% may be used for residential purposes; and

Recreation Facilities Exemption(ii)a gross floor area of a maximum of 2,111 mē, to be used only for recreational and commercial recreational facilities; and

First Floor Retail Exemption(iii)a gross floor area of a maximum of 773 mē, to be used only for first floor retail uses; and

Below Grade Retail Exemption(iv)a gross floor area of a maximum of 1,295 mē, to be used only for below-grade retail uses.

(k)HEIGHT

(i)The maximum building height in storeys shall be as shown on Schedule "C1(94)";

(ii)The maximum height above established grade of all buildings and structures shall not exceed the horizontal distance between the building or structure, or portion thereof, and the Relevant Residential Property Line. For the purposes of this subsection only, "height" shall include all mechanical penthouses or other roof top structures;

(iii)Buildings located greater than 75 metres from the Relevant Residential Property Line may have a building height that is a maximum of three storeys greater than the building height shown on Schedule "C1(94)", provided that the building is served by continuous underground weather protected connections to a subway station.

(l)RESIDENTIAL UNITS

(i)A maximum of 120 dwelling units shall be permitted.

(ii)A minimum of 25% of the total number of dwelling units that are located within buildings containing not less than 20 dwelling units shall have a maximum gross floor area of 70 mē for a one bedroom unit, 80 mē for a two bedroom unit and 120 mē for a three bedroom unit.

(m)RECREATIONAL SPACE

(i)A minimum of 1.5 mē per dwelling unit of indoor recreational amenity area shall be provided; and

(ii)A minimum of 1.5 mē per dwelling unit of outdoor recreational amenity space shall be provided.

(n)PARKING

Parking spaces shall be provided in accordance with the following:

(i)For all non-residential uses there shall be:

(A)A minimum of 0.9 parking spaces per 100 mē of gross floor area; and

(B)A maximum of 1.3 parking spaces per 100 mē of gross floor area.

(ii)For all residential uses there shall be:

(A) A minimum of 1.0 parking space per dwelling unit of which 0.1 parking spaces per dwelling unit is for visitor use; and

(B)A maximum of 1.2 parking spaces per dwelling unit of which 0.1 parking spaces per dwelling unit is for visitor use.

(o)DIVISION OF LANDS

The provisions of this By-law shall apply collectively to the lands zoned C1(94) notwithstanding their future division, severance, or partition for any purpose into two or more parcels.

3.Section 64.37 of By-law 7625 of the former City of North York is amended by adding the following subsection:

"64.37(21)O1(21)

(a)Notwithstanding subsection 6(7), frontage on a public street is not required."

4.Section 64.23 of By-law 7625 is amended by adding Schedule C1(94) attached to this by-law.

5.By-laws 33132 and 31953 are hereby repealed.

ENACTED AND PASSED this day of , A.D. 1999