Draft Zoning By-law -

103 West Lodge Avenue (High Park)

The Toronto Community Council recommends that:

(1)City Council not approve the draft by-law appended to the report (April 13, 1999) from the City Solicitor;

(2)the Director, Municipal Standards and Licensing be requested to withhold approval of any remaining outstanding orders until the meeting with Parkdale Community Legal Services and representatives of the West Lodge Tenants' Association occurs, and issues resolved (as requested by the Toronto Community Council), provided that such meeting is held on an expedited basis; and

(3)the Director, Municipal Standards and Licensing and the Deputy Chief Building Official ensure that work orders are in 100% compliance before they are cleared.

Recommendation Nos. (1) and (2) were carried unanimously as follows:

Yeas -Councillors McConnell, Adams, Bossons, Bussin, Fotinos, Johnston, Korwin-Kuczynski, Miller, Silva and Walker - 10

Recommendation No. (3) was carried unanimously as follows:

Yeas -Councillors McConnell, Chow, Fotinos, Johnston, Korwin-Kuczynski, Miller, Rae and Walker - 8

The Toronto Community Council reports, for the information of Council, having:

(1)invited the Director of Parkdale Community Legal Services and representatives of the West Lodge Tenants' Association to meet with the Deputy Chief Building Official and the Director, Municipal Standards and Licensing to review all building standard and building code issues that are of concern to the tenants and their representatives;

(2)advised the Planning and Transportation Committee that it:

(a)endorses the recommendations for a Tenant Defense Fund presented to the Planning and Transportation Committee, at its meeting held on September 13, 1999;

(b)supports the recommendations of the Sub-Committee to Restore Rent Control, including its request for a meeting with the Honourable Steven Gilchrist, Minister of Municipal Affairs and Housing; and

(3)referred the following communications to the Deputy Chief Building Official, the Director, Municipal Standards and Licensing and the City Solicitor:

-(September 14, 1999) from Mr. Marko Lavrisa;

-(September 12, 1999) from Mr. Vilko Zbogar; and

-(September 14, 1999) from Dr. Harpreet Singh Chaggar

The motion to advise the Planning and Transportation Committee was carried unanimously as follows:

Yeas -Councillors McConnell, Chow, Fotinos, Johnston, Korwin-Kuczynski, Miller, Rae and Walker - 8

The motions to request the meeting with the Director of Parkdale Community Legal Services and representatives of the West Lodge Tenants' Association, and to refer the communications were carried unanimously as follows:

Yeas -Councillors McConnell, Adams, Bossons, Bussin, Fotinos, Johnston, Korwin-Kuczynski, Miller, Silva and Walker - 10

The Toronto Community Council further reports, for the information of Council, that notice of the public meeting was given in accordance with the Planning Act. The public meeting was held on May 26, 1999 and September 14, 1999, and the following addressed the Toronto Community Council:

On May 26, 1999:

-Mr. Vilko Zbogar, Parkdale Community Legal Services;

-Mr. Bart Poesiat, Common Front in Defense of Poor Neighbourhoods;

-Mr. Bob Levitt, Parkdale Tenants' Association;

-Dr. Harpreet Chaggar;

-Mr. Suk Tumsee;

-Mr. A. Lynch;

-Ms. Anna Thaker, Westlodge Tenant Association;

-Mr. David Drake, EMC Group Ltd.;

-Ms. Daramdeo Sukdeo; and

-Mr. Paul Wynn.

On September 14, 1999:

-Mr. Paul Wynn, Trustee;

-Mr. Jeff Wynn, Property Manager;

-Mr. Bart Poesiat, Parkdale Community Legal Services;

-Mr. Vilko Zbogar, Toronto, Ontario;

-Ms. Shirley Woods, West Lodge Tenants' Association;

-Ms. Marian MacGregor, Parkdale Community Legal Services;

-Ms. Anna C. Thaker, Parkdale Tenants' Association;

-Ms. Sookranie Lucknaut, Toronto, Ontario;

-Dr. Harpreet Chaggar, Audiologist;

-Mr. Chris Wilsack, Toronto, Ontario;

-Mr. John Connor, West Lodge Tenants' Association;

-Ms. Desiree Rose, Jameson Tenant Association;

-Mr. Jeff Phillips, Phillips Consultant;

-Ms. Kham Nguyen, Toronto, Ontario;

-Mr. Marko Lavrisa, Levitt-Goodman Architect Association;

-Ms. Thu Nguyen, Statistics Canada;

-Ms. Evelyn Simpson, Toronto, Ontario;

-Mr. Ngoc Le, Toronto, Ontario;

-Mr. Peter Romanov, Toronto, Ontario; and

-Mr. Karuna Karan, Toronto, Ontario.

The Toronto Community Council submits the following report (April 13, 1999) from the City Solicitor:

Purpose:

This report provides the necessary Zoning By-law amendment to allow for a reduction in required parking for the apartment complex located at 103 West Lodge Avenue to a minimum of 401 spaces, 31 of which may be located offsite at 105 Lansdowne Avenue.

Funding Sources, Financial Implications and Impact Statement:

The enactment of the Draft By-law has no direct 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-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)subject to receipt of a signed Undertaking as set out in Recommendation 3 of the report (May 7, 1999) of the Commissioner of Urban Planning and Development Services, that the Draft By-law attached to the report (April 13, 1999) of the City Solicitor be approved and that authority be granted to introduce the necessary bill 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 (May 7, 1999) at its meeting to be held on May 26, 1999 concerning the above noted subject. The Commissioner's report recommends, inter alia, that a Draft By-law be prepared by the City Solicitor to allow for a reduction in required parking for the apartment complex. The owner of the site is required to enter into an Undertaking together with appropriate security dealing with those matters set out in Recommendation 3 of the report (May 7, 1999) of the Commissioner of Urban Planning and Development Services prior to the by-law being passed by Council.

Comments and/or Discussion and/or Justification:

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

Contact Name:

Robert Balfour, Solicitor

Telephone:(416) 392-7225

Fax:(416) 392-0024

E-mail:rbalfour@toronto.ca

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DRAFT BY-LAW

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

as adopted by Council on

Enacted by Council:

CITY OF TORONTO

BY-LAW No. -1999

To amend Zoning By-law Nos. 22037 and 438-86 for the former City of Toronto

with respect to lands known as 103 West Lodge Avenue.

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

1.None of the provisions of Sections 1(4) and 1(5) of By-law No. 22037, being "A By-law To amend By-law No. 20623 respecting certain lands abutting West Lodge and O'Hara Avenues, Cunningham Street and the Right-of-Way of the Canadian Pacific Railway" or of Sections 2(1) - definition of "parking station" as it pertains to accessory use, 4(4)(b), 6(2), 21(i) as it pertains to landscaping, (iv), (v) and (vi), and 6(3) Part III 1(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 use of the building existing in the year 1998 located at 103 West Lodge Avenue provided:

(1)the lot municipally known in the year 1998 as 103 West Lodge Avenue consists of at least those lands shown within the heavy lines on Plan 1 attached hereto;

(2)landscaped open space is provided and maintained to the extent of at least 58 per cent of the lot area;

(3)a minimum of 401 parking spaces are provided and maintained for the exclusive use of residents of and visitors to the residential building of which:

(i)not less than 365 parking spaces are located within the existing parking garage on the lot;

(ii)36 parking spaces are designated for visitors to the residential building, of which 31 parking spaces may be provided in a parking station located on the lands municipally known in the year 1998 as 105 Lansdowne Avenue;

(iii)3 parking spaces designated for the handicapped are located within 30 metres of an accessible entrance and 1 parking space designated for the handicapped is located within 45 metres of an accessible entrance; and

(4)2 loading spaces - type G are provided and maintained to serve the residential building on the lot each with generally level surfaces and a concrete base pad with capacity to store not less than 12 compactor containers and with access designed to permit vehicles to enter and exit the lot in a forward motion.

2.For the purpose of this by-law, each italicized word or expression, unless otherwise provided herein, shall have the same meaning as each such word or expression as defined in By-law 438-86, as amended.

The Toronto Community Council also submits the following report (May 7, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

This report recommends approval of a reduction in the parking requirement for an apartment complex at 103-105 West Lodge Avenue (near the intersection of Queen and Dufferin Streets) to a minimum of 401 spaces, of which 365 will be located in the existing parking garage, 5 in surface courtyard spaces and 31 spaces off-site at 105 Lansdowne Avenue.

Source of Funds:

Not applicable.

Recommendations:

It is recommended that:

1.Zoning By-law 438-86 as amended, and Site Specific By-law 22037 be amended as necessary so as to:

a)exempt 103-105 West Lodge Avenue from Zoning By-law 438-86 Section 4(4)(b) (number of required parking spaces) and Site Specific By-law 22037, Section 1(4) (amount of rooftop landscaping required), Section 1(5) (location of parking within the garage structure) provided that:

(i)a minimum of 401 parking spaces are provided and maintained and of these, at least 365 parking spaces are located within the garage;

(ii)36 parking spaces are designated for visitors only, of which 31 spaces can be provided off-site at 105 Lansdowne Avenue;

(iii) 3 handicapped parking spaces are located within 30m of an accessible entrance and 1 handicapped parking space is located within 45m of an accessible entrance;

(iv)1 Type G loading space is provided and maintained at 103-105 West Lodge Avenue to serve each building on the site, with generally level surfaces and access designed so that trucks can enter and exit the site in a forward motion; and

(v)a concrete base pad with a slope not exceeding 2% adjacent to the front of each Type G loading space for the storage of at least 12 compactor containers on collection day is provided and maintained.

2.To permit the use of 105 Lansdowne Avenue for a parking station by exempting it from the definition of parking station from Zoning By-law 438-86, Section 2(1) (parking station).

3.That prior to the introduction of a Bill in Council, the owner undertakes to:

Provide, maintain and operate the safety plan measures and facilities as stipulated in the letter dated January 7, 1999, and plans dated December 1, 1998, with redlined revisions dated February 1, 1999, all prepared by Marshall Macklin Monaghan, all such matters to be secured by a Letter of Credit.

4.That the owner be advised that:

(a)all storm water runoff originating from the site should be disposed of through infiltration into the ground and that storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner of Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is contaminated or that processes associated with the development on the site may contaminate the storm runoff.

Comments:

1.The Site

The site is located north of Queen Street and west of Dufferin Street, at the end of West Lodge Avenue. It abuts the CN rail corridor. It contains a 717 unit, 2 tower apartment complex with a 4-storey parking garage. To the west of the site are low density residential dwellings.

2.The Proposal

The applicant originally proposed to demolish the existing parking garage and relocate the parking at-grade in the same area. The existing landscaped open space was also proposed to be used for parking which would have resulted in a significant reduction in landscaped open space.

This application proposes that the parking requirement be reduced to 423 spaces from the required 698 parking spaces. These spaces will be accommodated within the 4 storey parking garage which will be repaired. The unused portion of the third floor, the entire fourth, basement and sub-basement levels will be blocked off using barricades.

The landscaped open space would remain the same, with additional landscaping material provided. Additional parking spaces would consist of 5 surface courtyard spaces and 31 spaces off-site at 105 Lansdowne Avenue.

2.Current Official Plan and Zoning Designations

The site is designated Low Density Residence Area in the Part I Official Plan. An Official Plan Amendment is not necessary to permit the proposed changes.

By-law 438-86, as amended, zones this site R2 Z2.0. In addition, there is a Site Specific By-law 22037 passed in 1964 that gives permission for the existing building. This by-law requires 698 parking spaces to be contained in the multi-level parking structure attached to the apartment building next to the adjacent rail corridor. The by-law also requires that 58 percent of the lot be landscaped open space.

3.Consultation Process

There were two public meetings held on this application on March 12, 1998, and May 20, 1998. Approximately 20 residents attended both meetings. At the request of the residents, the minutes from these meetings have been included in Appendix 'C'.

4.Planning Issues

The following issues were raised at the public meetings and/or in the Preliminary Report:

i)Number of Parking Spaces

This application seeks to reduce the number of parking spaces to be provided to reflect the actual parking demand generated by this project. Currently, there are 79 on-street permit parking spaces allocated to residents of this project. A Parking Assessment report, based on statistical information and comparisons to similar buildings in different parts of the City, was provided by the applicant, and reviewed by Department of Works and Emergency Services staff. This report and additional documentation indicates that a minimum of 401 parking spaces will meet the current needs. This figure factors in the permit parking spaces. The applicant is proposing to provide 423 spaces which is more than required to meet the minimum requirement, but less than the current by-law standard. This is acceptable to the Commissioner of Works and Emergency Services.

ii)Location of Parking

The parking garage is currently being repaired and, following completion of this work, it will continue to provide the majority of parking spaces. Wth the exception of the below grade spaces, the entire garage is being renovated. It is intended that the unused portions be barricaded in order to better monitor the use of the facilities. This is acceptable to the Commissioner of Works and Emergency Services.

The remainder of the parking supply consists of 5 parking spaces located at-grade in the courtyard, and 31 parking spaces to be provided off-site at 105 Lansdowne Avenue.

Residents raised the concern that at some future date, this number of parking spaces might be insufficient. Should there be a substantial increase in the number of spaces required, the applicant is able to increase the parking provision by relocating the barriers.

iii)Safety of the Garage

A safety plan for the garage was included in the improvements required in the refurbishing of the parking garage structure. Safety measures that will be incorporated include: cameras, panic buttons, lighting and signage. The Commissioner of Works and Emergency Services has approved the safety plan measures and facilities.

The applicant has agreed to provide a letter of credit prior to the introduction of the Bill in Council in an amount sufficient to cover the cost of the safety plan measures.

iv)Permit Parking Spaces

There are currently 79 permit parking spaces for on-street parking issued to tenants of these buildings. These were allocated to the tenants on the basis that the garage was not safe. At the public meeting, staff were asked for assurances that when the garage is completed, existing street parking permits would be revoked and no more would be issued. However, City staff do not have the authority to do this as they must respond to requests for permit parking, particularly if they are based on a safety concern. Any change to this policy would have to be approved by Council.

v)Phasing of the Use of the Garage

The applicant has submitted a report on the phasing of the use of the garage and the outside at-grade spaces as the repairs are completed and the parking levels are made available. The Commissioner of Works and Emergency Services has approved these recommendations.

vi)Cunningham Street Fence

Residents expressed concerns that the fence between the site and Cunningham Street was in disrepair. The applicant has agreed to repair and maintain the fence. It will be left shut except when required for access.

vii)Garbage Enclosure Bins

Concerns were raised that the existing garbage disposal system was poorly maintained. As a result, it is my understanding that the garbage enclosure area has been screened by cedar hedges.

Contact Name:

Helen Coombs

Telephone: (416) 392-7613

Fax: (416) 392-1330

E-Mail: hcoombs@toronto.ca

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Application Data Sheet

Confirmed Municipal Address:103 and 105 West Lodge Ave.

Planning Controls (For verification refer to Chief Building Official)

Official Plan Designation:	LARA	Site Specific Provision:	51-79; 22037
Zoning District:	R. Z2.0	Historical Status:	No
Height Limit (m):	10.0	Site Plan Control:	Yes

Project Information

Site Area:	26488.0 m2		Height:		19
Frontage:
Depth:
					Outdoor
Ground Floor:			Parking Spaces:		36
Residential GFA:			Loading Docks:
Non-Residential GFA:			(number, type)
Total GFA:

Density
Residential Density: 2.80	Non-Residential Density:	Total Density: 2.80

Comments

Status:

Final report submitted to TCC for May 26, 1999 meeting.

Data valid:

April 30, 1999

Section:

CP West

Phone:

392-7333

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Appendix A

Comments of Civic Officials

1.Medical Officer of Health (October 14, 1998)

Further to our letter dated January 14, 1998 and September 1, 1998 our Department has been contacted by the applicant for the above referenced site. The original application called for the demolition of the old parking structure and replacement with new parking facilities at grade. At that time our Department requested the submission of a Historical Review and site and Building Audit for review by the Medical Officer of Health, and based on these reports it would be decided whether soil and groundwater testing/management would be required. We were subsequently informed by the applicant that the existing parking structures would not be demolished, and that it would instead be updated. In light of this new development, this Department rescinds its' requirements of January 14, 1998 and has no objection to the current proposal.

By copy of this letter I have advised the owner/applicant accordingly. If you have any questions please do not hesitate to contact me at 392-7685.

2.Urban Planning and Development Services (March 16, 1999)

This submission also includes the creation of a parking station (31 parking spaces) at 105 Lansdowne Avenue in a district designated R4 Z1.0

Zoning Review

The list below indicates where the proposal does not comply with the City's Zoning By-laws 220037 and 438-86, as amended, unless otherwise referenced.

1.The by-law requires a minimum of 698 parking spaces (including 180 parking spaces for visitors) to be provided. The number of proposed parking spaces is 423. (Section 4(4)(b) of Bylaw 438-86)

2.The proposed parking station (located at 105 Lansdowne Avenue) does not comply with the Zoning Bylaw definition in that it is not located on the same lot as the principal use. (Section 2(1) - "parking station" of Bylaw 438-86)

3.The portion of the lot on which the parking station is located must be fenced and suitably landscaped. (Section 6(2)21(i) of Bylaw 438-86)

4.The proposed parking station will be located less than 1.8 metres to any proposed fence and less than 6.0 metres to residential buildings located at 113 Lansdowne Avenue and 102 West Lodge Avenue. (Section 6(2)21(iv) of Bylaw 438-86)

5.The landscaped open space provided on the subject lot (103 - 105 West Lodge Avenue) must be at least 58 percent of the lot area. (Section 1(3) of Bylaw 22037)

6.Fifty percent of the area of the roof of the subject garage is required to be landscaped. (Section 1(4) of Bylaw 22037)

7.Thirty six of the proposed parking spaces are provided otherwise than within the garage structure. (Section 1(5) of Bylaw 22037)

Other Applicable Legislation and Required Approvals

1.The proposal DOES NOT require Site Plan approval under Section 41 of the Planning Act.

2.The proposal DOES NOT require conveyance of land for parks purposes, or payment in lieu thereof pursuant to Section 42 of the Planning Act.

3.The proposal DOES NOT require the approval of Heritage Toronto under the Ontario Heritage Act.

4.The issuance of any permit by the Chief Building Official will be conditional upon the proposal's full compliance with all relevant provisions of the Ontario Building Code.

3.Works and Emergency Services (May 6, 1999)

The previous plans idenitified as "Proposed Safety Plan Layouts" prepared by Marshall Macklin Monaghan can be replaced by the current submission. Therefore, Recommendation 1(g) can be revised to read:

" 1(d) Provide, maintain and operate the safety measures and facilities as stipulated in the letter dated January 7, 199 and plans dated December 21, 1998 with red-line revisions dated May 5, 1999, all prepared by Marshall, Macklin, Monaghan."

The 2 plans prepared by EMC Group Limited identified as "Proposed Parking Layout" dated June 10,1998 with red-line revisions dated May 5, 1999 are also acceptable and do not affect the comments and recommendations in the previous report. no further report is necessary.

4.(February 16, 1999)

Recommendations:

1.That the owner be required to:

(a)Provide and maintain a minimum of 401 parking spaces to serve the project, including at least 365 spaces to serve the residents and 36 spaces for the visitors, of which 31 spaces can be provided off-site;

(b)Provide and maintain 1 Type G loading space to serve each building on the site, with generally level surfaces and access designed so that trucks can enter and exit the site in a forward motion;

(c)Provide and maintain a concrete base pad with a slope not exceeding 2% adjacent to the front of each Type G loading space for the storage of at least 12 compactor containers on collection day;

(d)Provide, maintain and operate the safety plan measures and facilities as stipulated in the letter dated January 7, 1999 and plans dated December 1, 1998 with red-line revisions dated February 1, 1999 all prepared by Marshall Macklin Monaghan; and

2.That the owner be advised that all storm water runoff originating from the site should be disposed of through infiltration into the ground and that storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner of Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is contaminated or that processes associated with the development on the site may contaminate the storm runoff.

Comments:

Location

East side of West Lodge Avenue, north of Seaforth Avenue.

Proposal

Retain the existing parking garage in its entirety, renovate it and block off access to the remaining spaces using barricades to prevent vehicles from using the areas not refurbished, while reducing the parking supply serving the existing apartment complex which contains 717 dwelling units.

The proposal was dealt with in Departmental reports dated February 12, 1998 and January 11, 1999. The above consolidated recommendations supersede the recommendations contained in the previous reports, including the recommendation requiring the submission of revised plans, which has been satisfied.

Previous Application

The site is subject to Site Specific By-law No. 22037.

Parking

The provision of 423 parking spaces, consisting of 165 spaces within level 1 of the above-grade garage, 177 spaces within level 2, 45 spaces within level 3, 5 surface courtyard spaces and 31 spaces off-site at Premises No. 105 Lansdowne Avenue, satisfies the estimated parking demand identified in the Parking Assessment report dated July 29, 1996, together with additional supplementary information dated December 23, 1997 submitted by Marshall Macklin Monaghan on behalf of the owner, for 401 parking spaces, including 365 tenant spaces and 36 visitor spaces. The consultant's report and additional documentation have been completed essentially in accordance with Departmental requirements provided to the consultant prior to the study being initiated. The provision of 401 spaces for this site, which translates to a parking demand ratio of 0.56 spaces/unit, appears to be reasonable and an appropriate minimum level of parking for this project. The proposed parking supply is acceptable.

Refuse Collection

The City will continue to provide bulk-lift and materials collection services to this site. The plans include a Type G loading space designed so that trucks can enter and exit the site in a forward motion and a 3-sided garbage enclosure for the storage of 12 compactor containers on collection day and a concrete pad adjacent to the enclosure for each building. This is satisfactory.

Safety Plan and Restoration Phasing

The October 22, 1998 letter from Marshall Macklin Monaghan outlines the proposed improvements to the refurbished parking garage structure. The submission has been reviewed, specifically to ensure the proposal complies with appropriate By-laws respecting garage safety and building code issues, and provides an adequate measure of surveillance and security. As well, the applicant has indicated that the phasing of garage restoration can accommodate site-generated parking demand and that the restoration will be completed in early 1999. Documentation confirming this information has been submitted in a letter dated January 7, 1999 prepared by Marshall Macklin Monaghan outlining, among other things, safety measures with respect to cameras and panic buttons, lighting and signage which are satisfactory.

The restoration phasing has been provided by Mr. Paul Winn of The Wynn Group in a letter dated January 29, 1999 outlining the schedule of work and anticipated completion date and is satisfactory.

Grading and Drainage

It is the policy of City Council to require the infiltration of storm water runoff into the ground whenever possible. In this regard, the use of porous paving, soak-away pits and/or infiltration trenches should be considered. Storm connections to the City sewer system will only be permitted if it can be demonstrated that infiltrating storm water into the ground is not feasible. Further information regarding storm drainage can be obtained by contacting the Engineering Services Section, Districts 1 & 2 (telephone no. 392-6787).

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Appendix B

Public Meeting

103-105 West Lodge Avenue

May 20, 1998

In Attendance:

Councillor David Miller

Councillor Chris Korwin-Kuczynski

Jim Gough, MMM Consulting

David Drake, EMC Consulting

Paul Wynn, Applicant

Jeff Wynn, Applicant

Matt Severino, Works and Emergency Services

Rino Spezza, Urban Planning and Development Services, Buildings

Helen Coombs, Urban Planning and Development Services, Planning

and approximately 20 residents.

Comments

Councillor Miller chaired the meeting.

Helen Coombs explained that the proposal is to reduce the required parking from 910 in the site specific by-law to 401 or .6 parking spaces per unit. This figure was arrived at after a traffic and parking analysis was done. The original application was to demolish the garage and have at-grade parking. The new proposal is to retain the garage, renovate it and block off access to the remaining parking spaces using a gate. These spaces will be accommodated at the ground and second level. The gates can be relocated to accommodate any additional parking when required.

The 27 parking spaces across the street in a private lane are also part of this application.

David Drake indicated that the garage will be painted and brought up to City standards. There may be panic buttons in the garage. The landscaping will be enhanced in the areas identified with City staff. The garbage enclosure area including the bins will be screened by cedar hedges.

The following concerns were raised:

Q.What is the by-law requirement for parking including visitor ?

A.The site specific by-law required 910 spaces. Changes to the zoning by-law would require 601 spaces. 36 visitor parking spaces are required. The parking garage should eliminate the need for on-street parking.

Q.The parking garages are derelict. There are safety and traffic issues. The vacant space that is enclosed is a problem. It is of great concern to women. How will the areas not used be closed off to ensure no access to the vacant space? The fence and gate on O'Hara Avenue is always open and cars park there. This needs to be corrected.

A.The subterranean levels are blocked off now and all levels will be renovated regardless of whether they are used.

Q.If the building were built today, how many parking spaces would it need?

A.698. There was a city wide change to the parking requirements that reduced the number of spaces required for similar buildings.

Q.Why weren't they informed?

A.City-wide zoning changes are advertised in the newspaper.

Q.How many street permits are there attached to this building?

A.79.

Q.If the garage is renovated, will on-street permits be given out to residents of the buildings?

A.The issuance of permits will depend on whether there is a perceived safety issue. With rehabilitating the structure, there are solutions that should relieve the need for on-street parking permits.

Q.Even with the improvements to the garage, the area has parking problem and the City is not going to stop people from getting permits?

A.The City could be assured that the safety concerns are met and then maybe no permits would be given out.

Q.But if they insist, they will still get an on-street parking permit?

A.After the renovations are complete, the management will send a flyer around describing the changes, giving notice of a tour. If necessary, the private lane can be used for those who have street permits.

A.It's a security issue. Right now there are 120-160 paid parking spaces. The owners would like to have those parking on the street to park in the garage so they have the rent.

C.Would like a pedestrian gate through the project.

A.That could be put up. Don't want to close the vehicular gate because maintenance vehicles, moving vans use it. Maintenance vehicles are only there during the day.

C.Many people use that for making illegal turns.

Q.What is the cost of parking and how does a visitor get a permit?

A.Cost is $22/month. Visitors have to go through security to get a permit.

Q.How do you ensure that the people asking for street permits really need them for safety reasons.

A.The City looks at each application on an individual basis. Applicants have to produce ownership, licences, etc.

Q.Is 401 going to be enough?

A.At peak time, 297 are used now. The proposal is for 104 more than currently required.

Q.How many parking permit applications does the City receive from this building?

A.No record is kept of the applications but there are currently 79 parking permits for this building issued.

Q.The area behind 105 was to be used for handicapped parking spots. But people will be locked in if they park there.

A.The parking will not be put there.

C.The gate was there to be locked. A lot of traffic is trying to get to Bloor Street. Cars using the area belonging to the building are trespassing. This justifies the gate being locked. There have been three muggings on O'Hara and the muggers have run through the open gate onto West Lodge.

A.The gate can't be locked during the day because garbage trucks are coming, etc.

C.Mainly needs to be closed at night.

Q.It is cheaper to park on the street than in the garage as long as the City continues to give out parking spots. Doesn't make sense that a parking garage is being fixed and parking permits are still being given out. The street permits should be cancelled. As well, there is nothing that says the parking demand of the future will be met.

A.The consultant and the City staff looked at other similar buildings and applied the standards taking the future into the account.

A.If done properly and legally, they should be able to park all the cars in the garages. City needs to check if the existing permits can be revoked.

C.The pedestrian walkway should be angled to slow down people who use it.

C.O'Hara gets a lot of speeders. Would the City put in speed bumps?

A.Unless there is consensus in the community, Council won't approve it.

C.There needs to be a 'No Exit' sign.

A.Staff are looking into that at the request of the councillor.

Q.Could there be 80 at grade parking spaces provided to replace the permit parking. There is a huge demand for parking in the area.

A.401 parking spaces is easy to accommodate in the garage. On the west side of West Lodge there are 27 parking spaces already. Five other outdoor spaces are available for a total of 32. The provision of parking should not reduce the amount of landscaped open space. An additional 50 parking spaces at grade may take a lot of landscaped open space.

C.Need to have safe, reserved spots.

Q.How many spaces are on one level, two levels?

A.On one level there are 170 spaces and on two there are 340.

Q.How many spaces are reserved?

A.27 spaces are reserved.

Q.How many apartment units are there?

A.720.

C.Wants to stop the cars from plugging up the street. Wants to eliminate the apartment tenants from parking on the street. The pedestrian gate is not the problem.

Q.The difference between the cost of the indoor parking spaces and the on-street permit parking is significant. $240 compared to $64. So people are going to park on the street. People on the street don't have any more right to park on the street than the apartment tenants.

Q.Was told that there was no parking available. Who are the reserved spots for?

A.These spaces are reserved for tenants and all of them are allocated. There is a waiting list for the reserved spots. Tenants can put their names on the waiting list.

Q.What is the ratio of the landscaped open space?

A.58 % is required by the site specific by-law.

C.The gate should be closed. Otherwise security isn't very good.

At the conclusion of the meeting, Councillor Miller summarized the following concerns of the residents:

1.The gate on O'Hara should be closed. A buzzer or intercom would alert the security people when there is a delivery truck.

2.The gate on West Lodge Avenue.

3.Pedestrian gate on O'Hara, some like it, some don't.

4.The trees on O'Hara need to be trimmed so that people can read the signs.

5.Need appropriate signage at O'Hara and West Lodge.

6.Safety/security measures need to be strengthened.

7.Issues related to the construction of the barriers in the parking structure.

8.Noise factor if any part of the building is demolished.

The meeting adjourned at 9:30 p.m.

PUBLIC MEETING MINUTES

103-105 WEST LODGE AVENUE

MARCH 12, 1998

In Attendance:

Councillor Chris Korwin-Kuczynski

Councillor David Miller

Jim Gough, MMM consultant

David Drake, EMC consultant

Paul Wynn, Applicant

Tim Laspa, Works and Emergency Services

Dave Deonarine, Urban Planning and Development Services

Helen Coombs, Urban Planning and Development Services

and approximately 20 residents.

Comments

Councillor Korwin-Kuczynski chaired the meeting. Jim Gough, David Drake and Tim Laspa gave short presentations on what the application was about. Helen Coombs outlined the process the application has to go through.

It was explained that originally this was an application to amend the site specific by-law to reduce the number of required parking spaces, demolish the garage and relocate the parking at grade, using much of the area currently required by that by-law for landscaped open space. The applicant had revised this application by letter proposing that the existing garage be restored and the reduced number of parking spaces be housed in it.

A parking study has been done to the satisfaction of the Commissioner of Works and Emergency Services which indicates that a minimum of 401 parking spaces including visitor parking is sufficient.

Because of the change in the proposal and the fact that not many of the tenants were in attendance, it was agreed that a second meeting would be held. The Chair opened for questions.

Q.Why is the parking being reduced?

A.The parking demand today is less than it was when the original by-law was approved. The number required is no longer necessary. Subterranean parking levels will be closed permanently.

Q.What is going to happen to Cunningham Street side of the project? Right now there is dirt left on it.

A.They had planned to put up a berm with landscaping or in combination with a fence. The area will be illuminated. Trucks will come off West Lodge Avenue.

Q.Will the fence be left on Cunningham and O'Hara?

A.There will be no access from Cunningham and O'Hara and the fence will be left except for when moving trucks need access for 103 West Lodge.

Q.Does the 401 figure include the permit parking on West Lodge?

A.Yes - the 401 spaces include provision for vehicles currently owned by tenants and parking on the streets, including those with permit parking.

Q.Will there be landscaping around the garbage area?

A.The garbage bins will still be visible but trees will be planted around it.

Q.What happens when there is an overlap - when there are too many cars to park in the opened part of the garage?

A.The owners will monitor the situation and if necessary, free up more spaces inside the closed part of the garage.

Q.The Cunningham fence is broken down and needs to be fixed.

A.A new fence/berm combination will be built on that part of the site.

C.People partying on the sidewalk are a problem. Fences should be left on the side lot line to discourage them.

C.Need to take into consideration the speeding on West Lodge, need to have speed bumps, need to have less access to the surrounding streets, need the safety standards to be upheld by the police.

Q.Right now permits are given on the basis that the parking garage is not safe. How will this change?

A.The inside of the garage will be painted, 2 banks of fluorescent lights, T.V. monitors on each end of the garage, panic alarms on the side walls that will sound alarms in the office will be added.

Q.Why is the amendment for the parking when they may need the total amount in the future? Why not leave the number so that it will be there should it be needed?

A.401 is the proposed new minimum number required for the building. We can look into registering on title that number of parking spaces have to be provided.

Q.Can the zoning by-law prohibit permit parking?

A.We will look into it.

Q.Where are the cars going to be located while the renovation occurs?

A.There is room within the building to allow them to park there while other portions of the building are being renovated.

Q.Can the garbage at 105 be contained in bins?

A.The area will be re-asphalted so trucks can get in and bins located there.

Q.What will happen to the rents if the garage is fixed? How much will it cost?

A.Don't know yet.

Q.On the weekends we have no hot water. What do we do?

A.Call Buildings and they will look into it.

Q.Will the landscaping remain as planned?

A.Landscaping will be continued.

Q.Will a new plan be brought to the meeting?

A.Yes.

Q.Can the garage accommodate vans and 5 cube vans?

A.No.

Q.Are vans allowed to park on the street with a permit?

A.No.

Q.How many visitor parking spaces are there and do visitors have to apply to use them?

A.There are 36 spaces and visitors just need to register with security since they patrol it.

Q.Can there be a dead-end sign put at the entrance to West Lodge Avenue?

A.Yes.

Q.Will there be a by-law required to set in stone these issues?

A.We are looking into whether a by-law amendment is required.

Q.How many security guards are there on site?

A.1 or 2 are on site. A representative of the company will attend the next meeting.

Q.What will the rents for parking spaces be?

A.That will be addressed at the next meeting.

The meeting adjourned at 9 p.m.

The Toronto Community Council also submits the following report (September 13, 1999) from the Acting Commissioner of Urban Planning and Development Services:

Purpose:

The Toronto Community Council meeting of May 26 and 27, 1999 had before it the City Solicitor's report (April 13, 1999) submitting a Draft Zoning By-law which would reduce the number of parking spaces required at 103-105 West Lodge Avenue (High Park).

In considering this matter, and on hearing numerous deputations regarding other issues involving the subject properties, the Toronto Community Council:

1.adjourned the Public Meeting held pursuant to Sections 34(12) and 34(15) of the Planning Act, to be reconvened on September 14, 1999, to enable the Ward Councillors to hold a public meeting in the community.

2.At that time the Toronto Community Council also requested the Acting Commissioner of Urban Planning and Development Services, in consultation with appropriate officials to report on:

(a)the relevant provisions of the Order of Judge Epstein, and any other relevant court orders, and the implications for the parking garage;

(b)the issue of parking permits and the possibility of prohibiting residents of 103-105 West Lodge Avenue from obtaining permits;

(c)the issue of access from O'Hara Avenue;

(d)the progress and details of the implementation of the safety measures as recommended in Recommendation No. (3) of the report (May 7, 1999) from the Commissioner of Urban Planning and Development Services;

(e)the work completed on the garage to date, and whether a permit was issued for the work;

(f)whether by-law amendments are still required, in view of the landlord's statement that 660 spaces have been, or are being renovated, out of the 698 required by the By-law; and,

(g)the issue of the safety and structural integrity of the basement levels; and,

(h)requested the City Solicitor, in consultation with appropriate officials, to report to the Toronto Community Council on a process by which a mechanism can be put in place, so that parking demands are reviewed periodically and resolved at 103-105 West Lodge Avenue.

This report will address the requests numbered 2(a), 2(d), 2(e) and 2(g).

Requests 2(b) and 2(c) deal with parking and transportation issues and will be reported under separate cover by the Commissioner of Works and Emergency Services.

I am currently consulting with the City Solicitor with regard to request 2(f), and either he or I will report further on this matter.

Financial Implications:

N/A

Recommendation:

That Toronto Community Council receive this report for information.

Comments:

For ease of reference, I will provide my comments to correspond to the lettered requests for information, as follows:

Request 2(a)the relevant provisions of the Order of Judge Epstein, and any other relevant court orders, and the implications for the parking garage;

Response:The only court order currently affecting these buildings, being enforced and/or inspected by my Department is Judge EpsteinÆs order, which has been complied with fully, with the exception of engineering completion reports which are required to certify that the mechanical and electrical repairs required have been satisfactorily completed.

In discussions with the property owners, I understand that these reports should be available and provided to me shortly.

Request 2(d)the progress and details of the implementation of the safety measures as recommended in Recommendation (3) of the report (May 7, 1999) from the Commissioner of Urban Planning and Development Services:

Response:In my report of May 7, 1999 I indicated that a safety plan for the garage was included in the improvements required in the refurbishing of the garage, and as a condition of the approval of the reduced parking requirements.

The applicant agreed to provide a letter of credit prior to the introduction of the Bill in Council to cover the cost of implementing these safety measures. If and/or when the reduced parking requirements are approved, the owner will move forward to make the necessary improvements, as set out in the safety plan. The letter of credit has not been received, to date.

Request 2(e)the work completed on the garage to date, and whether a permit was issued for the work;

Response:The repair and renovation of the parking garage was completed on or about May 5, 1999. The condition survey of the parking garage which was provided pursuant to Judge Epstein's order could not determine the extent of repair work necessary to rehabilitate the parking garage. Under the circumstances, we required that all necessary repairs were overseen by an engineer and that field review reports be submitted to the Department regularly. In the event structural work was necessary, permits would have been required, however, no structural work was required.

A final field review report was received on May 6, 1999, reporting that the repairs were substantially complete, and the garage was returned to full operation at that time.

Request 2(g)the issue of the safety and structural integrity of the basement levels (of the parking garage).

Response:As noted in 2(e), the structural integrity of the entire garage was confirmed in an engineer's field review report dated May 6, 1999.

Contact Names:

Pam CoburnCurtis Sealock

Telephone: (416) 392-7961Telephone: (416) 392-7616

Fax: (416) 392-0677Fax: (416) 392-0677

E-Mail: HYPERLINK mailto:pcoburn@toronto.ca pcoburn@toronto.ca

E-Mail: HYPERLINK mailto:csealock@toronto.ca csealock@toronto.ca

The Toronto Community Council also submits the communication (June 3, 1999) from the City Clerk:

The Toronto Community Council, on May 26 and 27, 1999, had before it a report (April 13, 1999) from the City Solicitor submitting Draft Zoning By-law respecting No. 103 West Lodge Avenue (High Park).

The Toronto Community Council had before it the following reports/communications:

-(May 7, 1999) from the Commissioner of Urban Planning and Development Services - Final Report on Application No. 197024 To Amend Site Specific By-law 22037 To Permit A Reduction In The Number of Parking Spaces Required For 103-105 West Lodge Avenue;

-(May 13, 1999) from Ms. Anna Tacker;

-(May 21, 1999) from Ms. Marian Y. MacGregor, Parkdale Community Legal Services Inc.;

-(Undated) from Ms. Ann-Marie Racer;

-(May 25, 1999) from A. Lynch;

-(May 24, 1999) Petition - 31 signatures in opposition;

-(April 26, 1999) from Mr. Robert B. Levit ob. the Parkdale Tenants' Association;

-(Undated) from Ms. Shirley Woods;

-(Undated) from Ms. Anna C. Taker; and

-(Undated) - Form Letter with 139 signatures in opposition .

Notice of the public meeting was given in accordance with the Planning Act. The public meeting was held on May 26, 1999, and the following addressed the Toronto Community Council:

-Mr. Vilko Zbogar, Parkdale Community Legal Services;

-Mr. Bart Poesiat, Common Front in Defense of Poor Neighbourhoods;

-Mr. Bob Levit, Parkdale Tenants' Association;

-Dr. Harpreet Chaggar;

-Mr. Suk Tumsee;

-Mr. A. Lynch;

-Ms. Anna Taker, Westlodge Tenant Association;

-Mr. David Drake, EMC Group Ltd.;

-Ms. Daramdeo Sukdeo; and

-Mr. Paul Wynn.

The Toronto Community Council:

(1)adjourned the Public Meeting held pursuant to Sections 34(12) and 34(15) of the Planning Act, to be reconvened on September 14, 1999, to enable the Ward Councillors to hold a public meeting in the community, with the assistance of Planning, Legal and Inspections staff;

(2)requested the Commissioner of Urban Planning and Development Services, in consultation with appropriate officials, prior to the meeting in the community, to report on:

(a)the relevant provisions of the Order of Judge Epstein, and any other relevant court orders, and the implications for the parking garage;

(b)the issue of parking permits and the possibility of prohibiting residents of 103-105 West Lodge Avenue from obtaining permits;

(c)the issue of access from O'Hara Avenue;

(d)the progress and details of the implementation of the safety measures as recommended in Recommendation No. (3) of the report (May 7, 1999) from the Commissioner of Urban Planning and Development Services;

(e)the work completed on the garage to date, and whether a permit was issues for the work;

(f)whether by-law amendments are still required, in view of the landlord's statement that 660 spaces have been, or are being renovated, out of the 698 required by the By-law; and

(g)the issue of the safety and structural integrity of the basement levels; and

(3)requested the City Solicitor, in consultation with appropriate officials, to report to the Toronto Community Council on a process by which a mechanism can be put in place, so that parking demands are reviewed periodically and resolved at 103-105 West Lodge Avenue.

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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the following communications/reports:

-(May 13, 1999) from Ms. Anna Thacker;

-(May 21, 1999) from Ms. Marian Y. MacGregor, Parkdale Community Legal Services Inc.;

-(Undated) from Ms. Ann-Marie Rechier;

-(May 25, 1999) from A. Lynch;

-(May 24, 1999) Petition with 31 signatures in opposition;

-(April 26, 1999) from Mr. Robert B. Levitt obo the Parkdale Tenants' Association;

-(Undated) from Ms. Shirley Woods;

-(Undated) from Ms. Anna C. Thaker;

-(Undated) - 139 Identical Letters in opposition;

-(September 10, 1999) from Mr. Anthony Lynch;

-(September 12, 1999) from Mr. John Dorion;

-(September 13, 1999) from Acting Commissioner of Urban Planning and Development Services;

-(September 14, 1999) from Mr. Marko Lavrisa;

-(September 13, 1999) Petition signed by 72 persons in opposition;

-(September 13, 1999) Petition signed by 75 persons in opposition;

-(September 14, 1999) from Councillor Chris Korwin-Kuczynski and Councillor David Miller;

-(September 12, 1999) from Mr. Vilko Zbogar;

-(September 14, 1999) from Ms. Anna C. Thaker;

-(September 14, 1999) from Dr. Harpreet Singh Chaggar; and

-(July 30, 1999) from Ms. Sookranie Lucknauth.