TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on October 26 and 27, 1999


NORTH YORK COMMUNITY COUNCIL

REPORT No. 9

1 Tree Removal Request - 47 Fairmeadow Avenue - North York Centre South

2 Fence By-law Variance Request (Swimming Pool Enclosure) - 218 Johnston Avenue - North York Centre

3 40 KM/H Speed Zone - Sweeney Drive and Sundial Crescent - Don Parkway

4 Parking Prohibitions - Hollywood Avenue - North York Centre

5 Parking Restrictions - Tangiers Road - North York Spadina/FONT>

6 All Way Stop Control - Ledbury Street and Woburn Avenue - North York Centre South

7 Parking Prohibitions - Vanley Crescent, South of Chesswood Drive - North York Spadina

8 All Way Stop Control - Draycott Drive and Wigmore Drive - Don Parkway

9 All Way Stop Control - Castlegrove Boulevard and Royal Doulton Drive - Don Parkway

10 Left Turn Lane - San Romanoway From Finch Avenue West - Black Creek

11 Site Plan Application UDSP-99-100 - 576807 Ontario Inc. - Y. Erez Architect - 35-49 Bales Avenue - Waiving of Application Fee - North York Centre

12 Official Plan and Zoning Amendment Application UDOZ-86-58 and Site Plan Application UDSP-99-100 - 576807 Ontario Inc. - Y. Erez Architect - 35-49 Bales Avenue - North York Centre

13 Final Report - Zoning By-law Amendment UDZ-99-08 and Site Plan Application UDSP-99-027 - Cassels Brock and Blackwell - 267 Finch Avenue East - North York Centre

14 Official Plan and Zoning Amendment Application UDOZ-99-11 - Weston Consulting Group for 1333955 Ontario Inc. - 1723 Finch Avenue West - Black Creek

15 Zoning Amendment Application UDZ-99-03 - Francis and Rosalina Rementilla, c/o Eduardo Manapul - 276 Duplex Avenue - North York Centre

16 Road Closing Publication - Wilson Heights Boulevard and Sheppard Avenue West - North East Corner - North York Spadina

17 Other Items Considered by the Community Council

City of Toronto


REPORT No. 9

OF THE NORTH YORK COMMUNITY COUNCIL

(from its meeting on October 12, 1999,

submitted by Councillor Michael Feldman, Chair)


As Considered by

The Council of the City of Toronto

on October 26 and 27, 1999


1

Tree Removal Request - 47 Fairmeadow Avenue -

North York Centre South

(City Council on October 26 and 27, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends that:

(1) the following report (September 3, 1999) from the Commissioner of Economic Development, Culture and Tourism, not be adopted;

(2) the property owner reimburse the City for its costs to remove the tree, $345.00 and for the value of the tree $994.00; and

(3) the funds collected be used to purchase and plant trees on city property, in the immediate neighbourhood.

The North York Community Council submits the following report (September 3, 1999) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

This report provides information regarding an appeal to the Community Council from the owner of the above address to permit the removal of a City owned 25 cm diameter Colorado Blue Spruce. The removal of the tree has been disallowed by City Forestry staff.

Source of Funds:

Staff and equipment to remove this tree and its stump is $395.00. The City would lose an asset worth $994.00. The total amenity value plus removal costs are $1,389.00.

Recommendation:

It is recommended that this request to remove a City tree be refused.

Background:

There is an active Building Permit (B99-2062) at this address. There are a total of three City owned trees on site consisting of the 25 cm diameter Spruce, a 53 cm diameter Austrian Pine and a 70 cm diameter Honey Locust. The trees are currently under the terms of a Tree Protection Agreement with a total amenity value plus removal costs of $13,970.00.

The removal request for the 25 cm diameter Spruce was made to facilitate the installation of a circular driveway with two entrances to the property. As a result of the required minimum tree protection zones of the remaining trees as indicated on Appendix "A", there may not be sufficient space for the installation of the proposed circular driveway.

Mr. Galloro contacted Councillor Flint's office regarding the removal request and it was agreed to refer the issue to Community Council for resolution.

Conclusion:

If City Council permits this tree to be removed, such permission should be on the condition that the resident reimburse the City for its costs to remove the tree, $345.00 and the value of the tree $994.00. These funds will be used to purchase a large replacement tree on city property at this address or in the immediate neighbourhood.

Healthy trees are valuable assets to the quality of life in a community, and all neighbourhood residents have a stake in their preservation. For this reason, the Department can not recommend their removal to accommodate the wishes of individual homeowners, except in situations where no reasonable alternatives can be found. We do not consider this situation to be such a case.

Contact name:

Tony Fleischmann

Tel: 395-6134

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Mr. Vincent Galloro appeared before the North York Community Council in connection with the foregoing matter.

2

Fence By-law Variance Request (Swimming Pool Enclosure) -

218 Johnston Avenue - North York Centre

(City Council on October 26 and 27, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (September 14, 19999) from the District Manager, North, Municipal Licensing and Standards and Court Services, Urban Planning and Development Services:

Purpose:

To report on an application (August 18, 1999) received from Mrs. Joanne Positano requesting an exemption to North York Fence By-Law No. 30901, as amended.

Financial Implications:

There are no financial implications for the City.

Recommendation:

It is recommended that the request for an exemption to the North York Fence By-Law No. 30901, be approved.

Background:

The former City of North York enacted the Fence By-Law No. 30901 on June 28, 1989, being a by-law prescribing the height and description of lawful fences in the former City of North York, and for requiring the owners of privately owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools.

On August 24, 1999, a Notice of Violation was issued to the owners concerning this matter.

Section 2.3.6 of By-Law No. 30901, provides as follows:

"Except for above-ground pools complying with Section 2.6, no swimming pool enclosure shall be erected closer than 1.2m (4') from the edge of the water contained in the pool."

Whereas the enclosure has been erected on the east side of the rear yard, slightly more than 1m (40.5") from the edge of the water contained in the pool.

Discussion:

The inground pool is already installed and the fence enclosure is at or near the property line. Accordingly, this measurement cannot be altered to comply.

Conclusions:

It is recommended that this request for an exemption to the North York Fence By-Law #30901, to permit the reduced setback from the enclosure to the edge of the water in the pool, be approved subject to the enclosure being maintained in accordance with the provisions of the by-law in all other respects.

Reviewed by: David Roberts, Acting Director

Municipal Licensing and Standards - UPDS

Telephone: 394-2532

3

40 KM/H Speed Zone - Sweeney Drive and Sundial Crescent -

Don Parkway

(City Council on October 26 and 27, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (September 28, 1999) from the Director, Transportation Services, District 3:

Purpose:

To introduce a 40 km/h speed zone on Sweeney Drive and Sundial Crescent.

Source of funds:

All costs associated with the installation of the reduced speed zone are included within the 1999 operating budget.

Recommendations:

It is recommended that By-law No. 31878, of the former City of North York, be amended to introduce:

(1) a 40 km/h speed limit on Sweeney Drive, from the easterly limit of Sundial Crescent (east leg) to the westerly limit of Sweeney Drive; and

(2) a 40 km/h speed limit on Sundial Crescent, from the northerly limit of Sweeney Drive (east leg) to the westerly limit of Sundial Crescent.

Background

Staff of the Transportation Services Division of the Works and Emergency Services Department reviewed a request from a resident of Sundial Crescent to review traffic operations on Sundial Crescent, in the vicinity of Ecole Elementaire Jeann-Lajoie, in the view of improving pedestrian safety.

Currently, the speed limit on Sundial Crescent and Sweeney Drive is 50 km/h. Both roadways are comprised mainly of single family residential dwellings, with the exception of an area of approximately 90 metres on Sundial Crescent where the playground area for Ecole Elementaire Jeann-Lajoie French School is situated. In addition, there are two access points to the school property.

Discussion:

The policy for the former City of North York, indicates that reduced speed zones are to be installed on roadways that either front or flank primary schools, or where a principal pedestrian access to a primary or junior high school is via parkland which has frontage or flankage on a road where the parkland actually is a continuation of the school property.

Based upon existing conditions, both Sweeney Drive, from the easterly limit of Sundial Crescent (east leg), and the entire length of Sundial Crescent meet the requirements of the introduction of a 40 km/h speed zone.

Conclusions:

The installation of the reduced speed zones will provide notice to motorists that they are entering a school zone, where increased attention is required to increase pedestrian safety.

Contact Name:

Allen Pinkerton, Manager Traffic Operations - District 3

395-7463 (telephone)

395-7482 (facsimile)

ajpinker@city.north-york.on.ca (E-mail)

4

Parking Prohibitions - Hollywood Avenue - North York Centre

(City Council on October 26 and 27, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (September 15, 1999) from the Director, Transportation Services, District 3:

Purpose:

To restrict parking on the north side of Hollywood Avenue, in the vicinity of the driveway entrance to 18, 28, 38 Hollywood Avenue.

Source of funds:

All costs associated with the installation of the parking restrictions are included within the 1999 Operating Budget.

Recommendation:

That Schedule VIII of By-law No. 31001, of the former City of North York, be amended to prohibit parking at anytime on the north side of Hollywood Avenue, from a point 104 metres east of the easterly limit of Yonge Street to a point 28 metres easterly thereof.

Background:

Staff of the Transportation Services Division of the Works and Emergency Services Department, have been advised by Mr. Marke Garcia, Manager of the Hollywood Plaza, that vehicles are continually parked on the north side of Hollywood Avenue, adjacent to their driveway access. Vehicles parked in this manner create a sight obstruction for motorists exiting the driveway to Hollywood Avenue.

Comments:

Parking meters are located on both sides of Hollywood Avenue from the easterly limit of Yonge Street to Doris Avenue.

As a result of an investigation by staff of the Transportation Services Division, vehicles were observed parked on Hollywood Avenue, east and west of the driveway access. These vehicles were parked legally as the area where they were parked is not prohibited or restricted by the parking meters. Specifically, the distance between the last metered parking space and the driveway access is not sufficient to install another metered space but can accommodate a small car.

Vehicles parked in this area create a sight obstruction for the residents of the condominiums.

Despite requests to the Toronto Police Services, Parking Enforcement Unit, enforcement alone has been ineffective in reducing the on street parking activities. According to the enforcement officers, vehicles are generally parked for periods much less than the permitted three hours.

Conclusions:

The installation of the parking restrictions will improve the level of safety for motorists while exiting from the driveway to the Hollywood Plaza. This Division supports amending the parking restrictions, as per Mr. Garcia's request.

Contact Name:

Allen Pinkerton, Manager, Traffic Operations

395-7463 (telephone)

395-7482 (facsimile)

ajpinker@city.north-york.on.ca (e-mail)

5

Parking Restrictions - Tangiers Road - North York Spadina

(City Council on October 26 and 27, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (September 28, 1999) from the Director, Transportation Services, District 3:

Purpose:

To permit parking for up to a maximum of 60 minutes on the east side of Tangiers Road, north of Finch Avenue.

Source of funds:

All costs associated with the installation of the parking restrictions are included within the 1999 operating budget.

Recommendation:

That Schedules VIII and X of By-law No. 31001, of the former City of North York, be amended to permit parking for up to a maximum of 60 minutes on the east side of Tangiers Road, from a point 30.5 metres north of Finch Avenue West to the northerly limit of Tangiers Road.

Background:

Currently, north of Finch Avenue West, parking is prohibited at anytime on the east side of Tangiers Road and permitted for up to a maximum of 60 minutes on the west side.

Discussion:

Local business owners on Tangiers Road, through Councillor Peter Li Preti's office, have indicated that the existing parking restrictions/prohibitions on Tangiers Road are too restrictive.

To provide additional on street parking for their patrons, local business owners have requested that the existing parking prohibitions on the east side of Tangiers Road, north of Finch Avenue West, be amended to permit additional short term parking.

Due to the width of the roadway on Tangiers Road north of Finch Avenue West, the removal of the parking restrictions on the east side of the roadway would not adversely impact traffic operations as two way traffic could be maintained.

To provide uniformity with the existing parking restrictions on the west side of the roadway and to reduce the possibility of excessive long term on street parking, parking should be restricted on the east side of the roadway, for periods up to a maximum of 60 minutes.

Both local Councillors support the introduction of the parking restrictions.

Conclusions:

With the support by the business owners and the local Councillors, the Transportation Services Division of the Works Department would have no objection to permitting 60 minute parking on the east side Tangiers Road, north of Finch Avenue West. The additional on street parking will not impact traffic operations.

Contact Name:

Allen Pinkerton, Manager

Traffic Operations

395-7463 (telephone)

395-7482 (facsimile)

ajpinker@city.north-york.on.ca (e-mail)

6

All Way Stop Control - Ledbury Street and Woburn Avenue -

North York Centre South

(City Council on October 26 and 27, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (July 22, 1999) from the Director, Transportation Services, District 3:

Purpose:

To install an all way stop control at the intersection of Ledbury Street and Woburn Avenue.

Source of funds:

All costs associated with the installation of an all way stop control are included within the 1999 operating budget.

Recommendation:

That Schedules XVIII and XIX of By-law No. 31001, of the former City of North York, be amended to require traffic to stop at all approaches to the intersection of Ledbury Street and Woburn Avenue.

Background:

As a result of concerns from local residents, Councillor Joanne Flint requested that staff of the Transportation Services Division of the Works and Emergency Services Department, investigate the feasibility of installing an all way stop control at the intersection of Ledbury Street and Woburn Avenue.

Currently, eastbound and westbound traffic on Woburn Avenue is required to stop at Ledbury Street.

Discussion:

On numerous previous occasions, all way stop studies have been undertaken to determine whether an all way stop control should be installed at the Ledbury Street/Woburn Avenue intersection. In all way instances the technical warrants were not satisfied, however, a preventable collision history existed.

The results of the most recent study once again confirmed that the warrants are not satisfied, but that an increasing number of collisions occurred.

Observations by staff have indicated that a high volume of pedestrians crossed the roadway without the protection of a stop control. The installation of the all way stop control would improve pedestrian safety.

Conclusions:

The installation of an all way stop control, at the intersection of Ledbury Street and Woburn Avenue, would provide additional protection for both vehicle and pedestrian traffic and would not adversely impact traffic operations within the greater community.

Contact Name:

Allen Pinkerton, Manager

Traffic Operations - District 3

395-7463 (telephone)

395-7482 (facsimile)

ajpinker@city.north-york.on.ca (e-mail)

7

Parking Prohibitions - Vanley Crescent,

South of Chesswood Drive -

North York Spadina

(City Council on October 26 and 27, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (July 22, 1999) from the Director, Transportation Services, District 3:

Purpose:

To prohibit parking on the east side of Vanley Crescent, south of Chesswood Drive.

Source of funds:

All costs associated with the installation of the parking restrictions are included within the 1999 operating budget.

Recommendations:

That Schedules VIII and X of By-Law No. 31001, of the former City of North York, be amended to prohibit parking as follows:

(1) that the maximum 60 minute permitted parking regulation on the east side of Vanley Crescent be deleted from Chesswood Drive to a point 170 metres south; and

(2) that parking be prohibited at anytime on the east side of Vanley Crescent, from Chesswood Drive to a point 170 metres south.

Background:

Currently, parking is prohibited at anytime on the west side of Vanley Crescent and permitted for a maximum period of 60 minutes on the east side, south of Chesswood Drive.

Discussion:

An investigation conducted by staff of the Works and Emergency Services has verified that vehicles are continually parked on the east side of Vanley Crescent, despite enforcement of the current parking regulations by the Toronto Police Services Parking Enforcement Unit. Vehicles parked at this location restrict the flow of two-way traffic. Parked vehicles are of particular concern due to the high volume of large trucks destined for the solid waste transfer station.

Both local Councillors support the proposed amendments to the parking restrictions.

Conclusions:

The prohibition of parking at anytime on the east side of Vanley Crescent, between Chesswood Drive and the solid waste transfer station driveway, would improve the flow of traffic at this location.

Contact Name:

Allen Pinkerton, Manager

Traffic Operations - District 3

395-7463 (telephone); 395-7482 (facsimile)

ajpinker@city.north-york.on.ca (e-mail)

8

All Way Stop Control - Draycott Drive and Wigmore Drive -

Don Parkway

(City Council on October 26 and 27, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (July 22, 1999) from the Director, Transportation Services, District 3:

Purpose:

To install an all way stop control at the intersection of Draycott Drive and Wigmore Drive.

Source of funds:

All costs associated with the installation of an all way stop control are included within the 1999 operating budget.

Recommendation:

That Schedules XVIII and XIX of By-law No. 31001, of the former City of North York, be amended to require traffic to stop on all approaches to the intersection of Draycott and Wigmore Drives.

Background:

Currently, northbound and southbound traffic on Wigmore Drive is required to stop at Draycott Drive. Traffic on Draycott Drive is controlled by stop controls one block to the east and west at Victoria Park Avenue and Sloane Avenue, respectively.

History:

On previous occasions, staff of the former City of North York Transportation Department was requested to consider the installation of an all way stop control at the intersection of Draycott Drive and Wigmore Drive. In all instances, the local residents and Councillor indicated that the concern through the intersection was the excessive rate of speed of motor vehicles, which resulted in a decreased level of safety for pedestrians.

The results of the previous all way stop studies concluded that the technical warrants for the installation of an all way stop control were not satisfied.

Discussion:

As a result of a further request from Councillor Denzil Minnan-Wong, staff of the Transportation Services Division of the Works and Emergency Services Division have reviewed existing conditions at the Draycott Drive/Wigmore Drive intersection, in an effort to address the residents concern for vehicle speeds and pedestrian safety.

Draycott Drive is a winding two-block section of roadway travelling between Victoria Park Avenue and Sloane Avenue. Sidewalks are provided along the flankage of the commercial property located on the south side of Draycott Drive at Victoria Park Avenue. The Sloane Public School and Wigmore Park are located on the west side of Sloane Avenue, opposite Draycott Drive.

The results of the traffic investigation concluded that traffic volumes have only marginally increased over the past three (3) years. There have been two collisions, both of which involved northbound and westbound vehicles.

Justification:

Observations by staff did conclude that westbound motorists, although not exceeding the speed limit, were accelerating quickly once accessing Draycott Drive from Victoria Park Avenue. Considering the schools and parks within the community, the geometry of the roadways and the lack of sidewalks, pedestrian safety was of concern.

Conclusions:

The installation of an all way stop control will not adversely impact traffic operations within the community and will provide increased pedestrian protection not only through the intersection of Draycott Drive with Wigmore Drive but along Draycott Drive as well.

Contact Name:

Allen Pinkerton, Manager, Traffic Operations - District 3

395-7463 (telephone)

395-7482 (facsimile)

ajpinker@city.north-york.on.ca (e-mail)

9

All Way Stop Control - Castlegrove Boulevard and

Royal Doulton Drive - Don Parkway

(City Council on October 26 and 27, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (August 23, 1999) from the Director, Transportation Services, District 3:

Purpose:

To propose the installation of an all way stop control at the intersection of Castlegrove Boulevard and Royal Doulton Drive, to improve pedestrian/motorist safety.

Source of funds:

All costs associated with the installation of an all way stop control are included within the 1999 Operating Budget.

Recommendation:

That Schedules XVIII and XIX of By-Law No. 31001, of the former City of North York, be amended to require traffic to stop on all approaches to the intersection of Castlegrove Boulevard and Royal Doulton Drive.

Background:

Currently, eastbound traffic on Royal Doulton Drive is required to stop at the "T" intersection with Castlegrove Boulevard. Traffic on Castlegrove Boulevard is only required to stop at the intersections with Broadlands Boulevard (east legs) and Mission Drive.

Discussion:

Staff of the Transportation Services Division of the Works and Emergency Services Department received concerns from local residents and patrons of the Broadlands Community Centre, regarding the level of safety for motorist and pedestrian traffic through the Castlegrove Boulevard/Royal Doulton Drive intersection.

A majority of the pedestrian traffic through the Castlegrove Boulevard/Royal Doulton Drive intersection is generated by the Broadlands Community Centre, which is located on the east side of Castlegrove Boulevard south of Royal Doulton Drive.

Justification:

During the completion of the most recent all way stop study, it was observed that 80% of the pedestrians at the Castlegrove Boulevard/Royal Dalton Drive intersection crossed without the protection of the stop controls.

Field observations also concluded that due to the vertical and horizontal changes on both Castlegrove Boulevard and Royal Doulton Drive and the sparatic excessive vehicle speeds, pedestrians were put in an unreasonably unsafe situation.

Conclusions:

The installation of an all way stop control would improve the level of safety for both pedestrian and vehicle traffic.

Contact Name:

Allen Pinkerton, Manager, Traffic Operations - District 3

395-7463 (telephone); 395-7482 (facsimile)

ajpinker@city.north-york.on.ca (e-mail)

10

Left Turn Lane - San Romanoway From Finch Avenue West -

Black Creek

(City Council on October 26 and 27, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of only Recommendation (3) embodied in the following report (October 1, 1999) from the Director, Transportation Services, District 3:

The North York Community Council also report, for the information of Council, having requested the Director, Transportation Services, District 3, to:

(i) review and monitor the traffic movements in the area of Finch Avenue and York Gate Mall and report back to the North York Community Council, in six months time;

(ii) consult with the Condominium Associations, Greenwin Property Management and local residents to explore means of realigning the private roadway of San Romanoway for its incorporation into the newly activated signalized intersection of Jane Street and York Gate Mall Access; and

(iii) immediately install a "do not block driveway" sign at the entrance to York Condominium Corporation No. 312.

The North York Community Council submits the following report (October 1, 1999) from the Director, Transportation Services, District 3:

Purpose:

To report on the resolutions submitted by Councillor Peter Li Preti at North York Community Council of July 15, 1999

Source of funds:

All costs associated with the installation or modifications to traffic control devices would be included within the year 2000 budget.

Recommendations:

(1) the realignment of the private roadway of San Romanoway for its incorporation into the newly activated signalized intersection of Jane Street and York Gate Mall Access not be pursued, as it is physically not feasible;

(2) due to insufficient road width, the installation of a left turn lane for eastbound Finch Avenue West traffic entering San Romanoway is not recommended; and

(3) signal display and signal timing modifications be implemented at the intersection of Jane Street at York Gate Boulevard/Stong Court to mitigate collision potential.

Background:

At its meeting of July 15, North York Community Council had a motion from Councillor Li Preti, requesting an investigation of the feasibility of realigning San Romanoway, to connect with a new signal installation on Jane Street, opposite the York Gate Mall. The motion also included a request to review the feasibility of an eastbound left turn lane on Finch Avenue West at San Romanoway.

The Transportation Services Division along with the Technical Services Division, have determined that the realignment of San Romanoway to form the fourth leg of the newly signalized intersection of Jane Street at York Gate Mall Access, is not feasible due to the grade differential between San Romanoway, directly opposite the mall access driveway and Jane Street. The above noted section of San Romanoway forms the roof of the underground parking facilities of the multi-level residential building and regrading of this private property cannot be achieved without significant structural alteration of the parking facility.

Discussion:

A review of collision statistics provided by the Toronto Police Service for the five year period ending December 31, 1998, disclosed that a total of sixty-two collisions had occurred on the 335 metre long section of Jane Street from San Romanoway north to and including the signalized intersection of York Gate Boulevard/Stong Court. Of these collisions, three were found to be the type considered preventable by the installation of traffic control signals in the proximity to York Gate Mall Access and/or San Romanoway. The greatest proportion of collisions (52), had occurred at the intersection of Jane Street at York Gate Boulevard/Stong Court of varying types with the majority being of north/south through and/or turning movements conflicts.

A review by staff has determined that additional signal hardware, as well as modifications to the signal timing, would generally address the observed types of collisions.

The signalized intersection of Jane Street at Finch Avenue West is located approximately 180 metres west of the intersection of San Romanoway at Finch Avenue West. Finch Avenue West, at this point, is only 13.4 metres wide, the required width of a four lane roadway with left turn lane is 16.4 metres. Although sufficient boulevard space to perform a widening of Finch Avenue West is provided, an eastbound left turn lane cannot be justified as it might affect traffic operations on Finch Avenue West between Jane Street and Driftwood Avenue. It should also be noted that a driveway located on the south side of Finch Avenue West opposite San Romanoway is offset 14 metres to the west, creating a potential for interlocking east/west left turn movements should a left turn lane be installed.

The recent activation of traffic control signals at Jane Street and York Gate Mall Access will tend to platoon traffic on Jane Street with the potential of creating additional gaps in traffic, allowing motorists to turn from San Romanoway onto Jane Street.

Conclusions:

Due to geometric design and physical impediments, the relocation of San Romanoway and the provision of an eastbound left turn lane on Finch Avenue West at San Romanoway cannot be accomplished.

The installation of additional traffic signal display hardware, the modification of the signal timings to increase the clearance intervals for all directions at the intersection of Jane Street and York Gate Boulevard/Stong Court, will address the majority of accidents currently being experienced at this location.

Contact Name:

Allen Pinkerton, Manager

Traffic Operations - District 3

395-7463 (telephone)

395-7482 (facsimile)

ajpinker@city.north-york.on.ca (e-mail)

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The North York Community Council also reports having had before it a communication (September 28, 1999) from Ms. Madonna Martin, Board of Directors, York Condominium Corporation No. 312, commenting on the increased traffic on San Romanoway and requesting that a sign be placed at their roadway instructing motorists to not block their driveway.

The following persons appeared before the North York Community Council in connection with the foregoing matter:

- Mrs. Madonna Martin, Board of Directors, York Condominium Corporation No. 312; and

- Ms. Marie Walton.

11

Site Plan Application UDSP-99-100 - 576807 Ontario Inc. -

Y. Erez Architect - 35-49 Bales Avenue -

Waiving of Application Fee - North York Centre

(City Council on October 26 and 27, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (August 30, 1999) from the Director, Community Planning, North District:

Purpose:

The purpose of this report is for Council to consider the applicant's request to defer payment of the Site Plan Approval Application fee to the time of the issuance of a building permit.

Recommendation:

It is recommended that the applicant's request that their site plan approval application fee be returned and that the fee be deferred to the time of the issuance of a building permit, not be approved.

Background:

Proposal:

The applicant has submitted a site plan approval application for two residential buildings comprising 42,586 square metres and 458 dwelling units. The site is located in the Downtown of the North York Centre. The applicant has paid the required site plan application fee totalling $23,688.40 under protest and has requested that the money be returned and the fee be deferred to the time of building permit issuance.

Discussion:

The applicant submitted an Official Plan and Zoning By-law Amendment application in 1986 and paid a total of $1,000 for the required fees at that time. They have since appealed their applications and an OMB Prehearing on the appeals has been scheduled for September 14, 1999 with a full Hearing to be held November 22, 1999 for one week. In July of this year, the applicant submitted a site plan application without payment of the application fee. The site plan application is also to be part of the upcoming OMB Prehearing and Hearing. Staff advised the applicant that the site plan application was not complete without payment of the fee. Subsequently, the applicant has submitted the fee under protest and has requested that the money be returned and the fee be deferred to the time of the issuance of a building permit.

It has been Council policy that rezoning applications in the North York Centre are to proceed at the same time as the zoning by-law amendment application. In keeping with this practice, it is appropriate that the site plan application be processed at this time.

In their letter, the applicant indicates that their property has been expropriated by the City for a period of four years, with an option to renew the expropriation for an additional period of time, in order to provide parking to the Sun Life Willowdale Plaza site at Yonge Street and Sheppard Avenue during the construction of the Sheppard Subway. The applicant refers to a 1998 OMB Decision relating to the Seneca College site at 43 Sheppard Avenue East wherein the Board ruled that the Yonge Centre Development Charge may be paid prior to building permit issuance recognizing that the site is leased to the TTC until the end of the year 2001. While the situation relating to the TTC lease for the Erez site is similar to that of Seneca College, 576807 Ontario Inc. is seeking relief from an application processing fee and not development charges.

In the case of Seneca, the College requested relief from having to pay the Yonge Centre Development Charge at the time of zoning approval, to the time of building permit issuance. This charge is to finance the installation of public services necessary to serve development. In the case of the subject site, Mr. Erez has requested deferral of the site plan application fee to the time of building permit approval. The site plan application fee however, does not relate to the timing of construction of development or building permit issuance. Payment of fees at the time of submission of an application is related to the work involved in processing of an application, which begins immediately upon its receipt with the opening of the file and its circulation to various departments and agencies for their comment.

Section 69(1) of the Planning Act permits the council of a municipality, by by-law, to prescribe a tariff of fees for the processing of planning applications. Section 69(2) of the Act states that notwithstanding the tariff of fees prescribed, the council of a municipality, in processing an application may reduce the amount of, or waive the requirement for, the payment of a fee where it would be unreasonable to require payment in accordance with the tariff.

Conclusions

The applicant's request to defer the payment of the site plan application fee is not consistent with Council's policy for planning applications and general practice. Payment of fees at the time of submission of an application is related to the work involved in processing of an application. The applicant has a right of appeal to the Ontario Municipal Board under Section 69(3) of the Planning Act to have the matter of the administrative fees arbitrated in that forum.

Contact Name:

Nimrod Salamon, Senior Planner, North York Civic Centre

Telephone: (416) 395-7134; Fax: (416) 395-7155

12

Official Plan and Zoning Amendment Application UDOZ-86-58 and

Site Plan Application UDSP-99-100 - 576807 Ontario Inc. -

Y. Erez Architect - 35-49 Bales Avenue - North York Centre

(City Council on October 26 and 27, 1999, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (September 28, 1999) from the Director, Community Planning, North District:

Purpose:

The purpose of this report is to recommend refusal of an application to amend both the Official Plan and Zoning By-law and a Site Plan Approval application to permit two residential buildings (21 and 24 storeys), with a total of 458 residential units on the lands at 35-49 Bales Avenue. The report also recommends that the City Solicitor be authorized to appear in support of the report's recommendations at the Ontario Municipal Board hearing, scheduled to begin on November 22, 1999, in connection with appeals made respecting these applications.

Recommendations:

It is recommended that:

(1) the Official Plan and Zoning By-law amendment application, for 458 dwelling units at a density of 4.5 FSI, be refused for reasons outlined in this report;

(2) the City Solicitor and City staff be requested to appear before the Ontario Municipal Board to defend the refusal of this application in its current form;

(3) the OMB be advised that:

(A) should an amendment to the Zoning By-law be approved, such approval be subject to the following:

(i) Convey to the City the portions of the extension of Bales Avenue and Anndale Drive that cross the site.

(ii) Conditions from Works and Emergency Services (Technical Services) attached as Schedule "J".

(iii) Submit traffic certification acceptable to Works and Emergency Services (Transportation Services).

(iv) Conditions from Works and Emergency Services (Transportation Services) attached as Schedule "I".

(v) Provide a minimum of 25 percent of the residential units as "affordable housing" to be achieved in the zoning by-law amendment by a limitation on the size of units.

(vi) Provide a 5 percent on-site parkland dedication or an off-site parkland dedication subject to the approval of Economic Development Culture and Tourism.

(B) the Site Plan Approval application be revised to address the following:

(i) Plans that address the provision of interim site access to existing public roads, and ultimate site access to future public roads.

(ii) Minimize the amount of driveways and pavement and increase the amount of landscaping.

(iii) Reduce the number and size of curb cuts.

(iv) Provide additional landscaping along the perimeter of the site adjacent to the existing residential lots.

(v) Execute a Tree Preservation Agreement, subject to the approval of Economic Development Culture and Tourism.

(vi) Submit microclimatic certification (pedestrian comfort studies for wind, snow, sunlight, shadowing) acceptable to Urban Planning and Development Services, North District; and

(4) City staff be authorized, during the Ontario Municipal Board Hearing, to resolve any issues or improve the application as necessary.

Background:

1.0 History:

In 1986, the applicant submitted an Official Plan and rezoning application for a mixed commercial-residential development with a density of 4.5 FSI. In September 1987, a Planning Department report recommended that the file be closed because the application did not include sufficient information. North York Council deferred the application "sine die" in October 1987. In 1988, the applicant participated in the OMB hearing on OPA 277 dealing with the Downtown Secondary Plan, and requested that their site be included in the Downtown with a density of 4.5 FSI. The Board denied the request on the basis that the application was premature.

In the early 1990's, the City began a review of the Downtown, south of Sheppard Avenue. In 1996, Council adopted OPA 393 setting out new policies for the South Downtown area. In September 1997, the OMB approved OPA 393 with modifications. The Board included the applicant's site within the Downtown and assigned these lands a density of 3.5 FSI.

On July 11, 1997, the former Municipality of Metropolitan Toronto expropriated the site with a lease interest for 48 months in order to provide parking for the adjacent Willowdale Plaza property during the construction of the Sheppard subway.

The applicant has requested that their 1986 Official Plan and rezoning application for a density of 4.5 FSI be referred to the Ontario Municipal Board. The hearing has been scheduled to start on November 22, 1999 for 5 days. The applicant's solicitor has indicated that they will also be appealing the site plan application and requesting that it be part of that OMB hearing.

Over the past year, the applicant has modified their application for the site several times:

- On December 22, 1998, the applicant submitted revised plans for two 24 storey residential buildings of 65 metres height.

- On June 15, 1999, the applicant submitted revised plans and data for two residential buildings. The site plan and building elevations were not clear as to what were the proposed building heights.

- On July 15, 1999, the owners submitted a site plan application for 2 residential buildings with a total of 458 units. The building located on the west end of the site has a proposed height of 24 storeys (87 metres) and the other building is proposed at a height of 21 storeys (76 metres).

- On September 10, 1999, the applicant submitted revised drawings which showed a 1 storey retail space on the north side of Anndale Drive. It is unclear from the drawing as to the use of that building.

- On September 22, 1999, the applicant submitted a draft zoning by-law amendment which includes revisions to the permitted uses, building heights, gross floor area, density exemptions amongst other matters. The draft by-law permits a total density of 4.5 FSI and density exemptions for bicycle storage areas, recreational amenity areas, and retail and commercial uses for the lands north of Anndale Drive.

- On the lands south of Anndale Drive, the draft by-law would permit apartment buildings and accessory offices and medical offices (on the first floor only), and townhouses. The draft by-law does not set out a maximum number of residential units. The maximum height would be 87 metres.

- On the lands north of Anndale Drive, the draft by-law would permit 2,400 square metres of GFA for retail and commercial uses, restaurants and townhouses. The maximum height would be 15 metres.

- In addition, the draft by-law would permit a commercial parking lot on the entire site until the lands are redeveloped.

- On September 24, 1999, the applicant submitted revised site plan drawings indicating a 1 storey retail space on the lands north of Anndale Drive. Elevation drawings have not been provided. It is unclear as to the use and size of this building.

The applicant has not yet submitted a draft Official Plan Amendment.

The applicant has submitted several revised plans and drawings, but due to the timing constraints and the OMB hearing scheduled for November of this year, staff are reporting on the July 15, 1999 application. Comments have been received on this July 15, 1999 application.

2.0 Proposal:

Based on the July 15, 1999 site plan application, the applicant proposes to amend the Official Plan and zoning by-law to permit two residential buildings with 458 units on the site as shown on Schedule "C". Included in this application is a transfer of all the density from the portion of the site north of Anndale Drive to the development site south of Anndale Drive.

Proposal
Site Area 9,463.6 m2 (101,867 ft2)
Gross Floor Area

Density Exemption for

Private Recreational Facilities

Total Gross Floor Area

West Bldg.: 24,932.04 m2 ( 268,375 ft2)

East Bldg.:17,653.71 m2 (190,029 ft2)

Total: 42,585.75 m2 (458,404 ft2)

808 m2

43,393.8 m2 including density exemptions

Number of Residential Units 458 units
Proposed Density 4.5 FSI

4.58 FSI with proposed density exemptions

Building Height West Bldg.: 24 storeys (87 metres)

East Bldg.: 21 storeys (76.2 metres)

No. of Parking Spaces 573 spaces

3.0 Planning Controls:

3.1 Official Plan:

Official Plan Amendment No. 447 (North York Centre Secondary Plan) was approved by the Minister with modifications on December 8, 1998. The application by 576807 Ontario Inc. is subject to the D.2 Downtown Plan, as amended by Official Plan Amendment No. 393, and not the existing North York Centre Secondary Plan (OPA 447) for the following reasons:

- the application was submitted and appealed to the OMB prior to OPA 447 being approved by the Minister of Municipal Affairs and Housing; and

- the applicant participated in the OMB hearing on OPA 393 and as a result of the hearing, this site was included in the Downtown and assigned a density of 3.5 FSI.

Below is a summary of the D.2 Plan policies, as amended, that apply to these lands.

The portion of the site north of Anndale Drive is designated Mixed Use which permits residential, commercial, institutional and recreational uses. The lands south of Anndale Drive are designated Residential Density 5 which permits a range of housing including apartment buildings as well as public facilities, community institutional uses and minor commercial uses which serve the local residential area (see Schedule "A1"). The portion of the site south of Anndale Drive is also subject to a site specific policy (Section 3.14.25; see Schedule "G"), which provides for the following:

- grade related ancillary or accessory non-residential uses may be permitted through rezoning; and

- if the residential development level of the Plan has been reached, then part of the non-residential development level may be converted to increase the residential development level in order to accommodate the residential use.

The D.2 Plan assigns the site a density of 1.5 FSI with provisions to increase the density to 3.5 FSI provided the following criteria (Section 3.2.0 Community Impact Criteria) can be met:

- Arterial and local road traffic

- Traffic and residential amenity

- Shadowing and overview

- Environment including wind and snow drifting

- Site circulation

- Building and site design

- Project amenities

- Parking

- City finances

- Streetscape

An important component in achieving this criteria is the traffic certification required to accommodate this increased density.

The proposal for two residential buildings, one with a height of 24 storeys (87 metres) and the other with a height of 21 storeys (76 metres) on the lands south of Anndale Drive, is permitted by the RD5 designation and is within the height limits of the Plan.

3.2 Zoning:

The site is zoned RM4 (Multiple-Family Dwellings Fourth Density Zone) which permits various types of residential uses (see Schedule "B"). Apartment house dwellings are permitted at a gross floor area of 85 percent of the lot area and a maximum height of 11.5 metres.

3.3 Site Plan:

The Site Plan approval proceeds concurrently with the rezoning process for development applications in the North York Centre. The applicant submitted a site plan application on July 15, 1999 and has provided drawings which enable an initial review of the proposal. Since then, the applicant has submitted revisions to the site plan application.

Discussion:

4.0 Issues:

The following is a discussion of the issues arising from the July 15, 1999 site plan application.

4.1 Transportation Certification:

The D.2 Plan requires applicants proposing developments which exceed 5,000 square metres in gross floor area to submit a traffic certification report. The applicant's traffic studies have been reviewed by the Transportation Section of Works and Emergency Services and are not acceptable.

Transportation staff have advised that this proposal is not supportable as the applicant has not demonstrated that they are able to achieve either of the following functional section requirements:

- the Anndale Drive extension to the intersection of Yonge Street and Poyntz Avenue, or

- the widening of Avondale Avenue to a five-lane cross-section from Yonge Street to Bales Avenue and a four-lane cross-section from Bales Avenue to Tradewind Avenue.

These functional section requirements are intended to be achieved through the redevelopment of the Willowdale Plaza-Sun Life site at Yonge Street just south of Sheppard Avenue, and the Wittington Properties and Bales Estate lands on the south side of Avondale Avenue.

Transportation staff advise that if this proposal is reduced to 356 residential units, the traffic could only be accommodated with the interim widening of Avondale Avenue from Tradewind Avenue to Yonge Street to provide a four lane cross-section (see Schedule "I").

Section 14.2.1 of the D.1 Plan includes a policy that where a development proposal requires functional road section, no zoning by-law amendment is to be enacted to permit the new development until the functional section has been secured by the City. As the applicant is not able to obtain either of these functional sections, this application should be refused.

4.2 Lands Required for Roads:

The subject site includes lands required for future road extensions which are to be conveyed to the City. OPA 393, as approved by the Ontario Municipal Board and as shown in the approved Environmental Study Report Addendum (see Schedule "H"), includes a Service Road (extension of Anndale Drive) west to Yonge Street. In addition, Bales Avenue is to be extended northward. OPA 393 includes a policy that the lands required for the Downtown Service Road are to be acquired by or conveyed to the City prior to rezoning or concurrent with site plan approval. While this policy as it applies to this site and the adjacent lands south to Avondale Avenue, has not been approved, it is the City's position that this policy should apply to this site. The policy outlines the City's conveyancing requirements that have been standard practice for all developments in the North York Centre for the past ten years. This matter will be before the Board at the November hearing.

4.3 Density Increase Implications:

As stated above, the applicant is proposing a density of 4.5 FSI over the entire site. The applicant proposes to consolidate the density for this entire site on a parcel of land south of the Anndale Drive extension and east of the Bales Avenue extension. The remnant parcel north of the Anndale Drive extension would be stripped of its density.

The area in the Downtown south of Sheppard Avenue and east of Yonge Street has been the subject of numerous studies including Environmental Study reports and OMB decisions as to the appropriate level of development and the needed infrastructure to service development. In considering the appeals of the landowners in this area at the OPA 393 OMB hearing, the Board in their review of the planning and transportation issues of this area concluded that this site should be included within the Downtown with a maximum density of 3.5 FSI.

The D.2 Plan assigns the site a density of 1.5 FSI with provisions to increase the density to 3.5 FSI provided the proposal meets the Community Impact Criteria set out in the Plan. The current proposal does not meet all of the Community Impact Criteria, in particular, traffic certification.

Section 10 of the D.1 Plan (Downtown and Uptown: General Concept and Objectives) sets out policies dealing with amendments to this Plan which indicate that the numeric limits with respect to density are considered to be absolute. Any general change in the densities of the Downtown should be preceded by a larger review of the Plan. The applicant's proposal at a density of 4.5 FSI for this interior parcel with access constraints is premature without a further review of the effects of increasing the densities for lands located within the Downtown that are south of Sheppard Avenue and east of Yonge Street. Any increase in the density for the subject site could lead to similar requests for density increases to other lands in the Yonge-Sheppard south-east quadrant.

Conclusions:

During the past year, the applicant has submitted numerous revised plans and drawings. Based on the July 15, 1999 site plan application, the applicant is seeking to amend the Official Plan and zoning by-law and requests site plan approval, to permit two residential buildings (21 and 24 storeys) with 458 dwelling units. The proposal requires a functional road section which the applicant cannot provide. Therefore, the proposal should be refused. Also, the proposal exceeds the density limit of 3.5 FSI of the D.2 Plan, as amended by OPA 393, and until a review of the effects of increasing densities for the lands in the area south-east of Yonge Street and Sheppard Avenue is undertaken, this proposal for an increase in density is premature.

The City Solicitor should be instructed to appear before the Ontario Municipal Board to defend the refusal of this application and to advise the Board that any amendment to the zoning by-law and site plan approval be subject to the provisions set out in this report.

(A copy of the Schedules referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

13

Final Report - Zoning By-law Amendment UDZ-99-08 and

Site Plan Application UDSP-99-027 -

Cassels Brock and Blackwell - 267 Finch Avenue East -

North York Centre

(City Council on October 26 and 27, 1999, amended this Clause by adding thereto the following:

"It is further recommended that the confidential report dated October 14, 1999, from the City Solicitor, be adopted, such report to remain confidential in accordance with the provisions of the Municipal Act, save and except the following recommendation embodied therein:

'It is recommended that the condition respecting the purchase of the adjacent property at 276 Estelle Avenue be amended so as to request the developer to demonstrate that he has made a fair market value offer to purchase the property.' ")

The North York Community Councils recommends the adoption of the following report (October 8, 1999) from the Director, Community Planning, North District, and that the applications submitted by Cassels Brock and Blackwell, regarding a Zoning Amendment Application and Site Plan Application for 267 Finch Avenue East, be approved, subject to the conditions outlined in the referenced report and subject to the following:

(1) that the lot coverage be a maximum of 32.5 percent;

(2) that the Gross Floor Area be a maximum of 476 m2;

(3) that the east side yard setback at Estelle Avenue be a minimum of 2 metres;

(4) that the distance between the Norway Maple and the guest parking area be a minimum of 3.6 metres;

(5) that the throat of the driveway be reduced to 3 metres from 7 metres;

(6) that a minimum of seven (7) parking spaces be provided; and

(7) that the applicant be required to demonstrate that he has made a fair market offer to purchase the property municipally known as 246 Estelle Avenue.

The North York Community Council submits the following report (October 8, 1999) from the Director, Community Planning, North District:

Purpose:

This report makes final recommendations on the zoning amendment application to permit 4 townhouse dwellings to replace the existing single family dwelling. This report is being forwarded to North York Community Council at this time so that a Council position can be established prior to the November 9th and 10th Ontario Municipal Board hearing date which was set on September 24th, 1999. The timing of this OMB hearing does not permit a statutory public meeting to be held at Community Council.

Recommendation(s):

It is recommended that:

Zoning

(1) the City Solicitor and City staff be requested to appear before the Ontario Municipal Board to support the application for rezoning to permit 4 townhouse units with the following revisions to ensure the application meets the Central Finch Area Secondary Plan objectives:

(a) the setbacks be revised as shown on Schedule C1;

(b) the maximum height remain at 3 storeys or 9.2 metres whichever is less; and

(c) the parking on site be increased to a minimum of 2 parking spaces per unit by widening two units to permit double car garages.

Site Plan

(2) prior to issuance of an Ontario Municipal Board Order, a site plan agreement shall be entered into which generally:

(a) modifies the proposal to widen two of the proposed units to accommodate double garages;

(b) modifies the proposal to include a maximum of two tandem parking spaces measuring 2.7 metres by 6.7 metres adjacent to the south side of the proposal;

(c) modifies the proposal to increase the landscaped strip on the south side of the property to a minimum of 2.5 metres;

(d) ensures the driveway from Estelle Avenue has a minimum width of 6.0 metres, to be constructed with a water permeable surface;

(e) modifies the corner unit at Finch Avenue East and Estelle Avenue that provides front elevation treatment for both the Finch and Estelle frontages through appropriate articulation of the facade and the size and placement of openings;

(f) ensures the front garden enclosure consists of solid architectural elements and decorative landscaping and/or shrubs;

(g) ensures that all curb cut and boulevard restoration is undertaken to the satisfaction of the Commissioner of Works and Emergency Services at no cost to the City;

(h) ensures a 0.6 metre decorative band of impressed concrete is provided along the Finch Avenue East curb line at no cost to the City;

(i) ensures that the trees shown on the landscape plan attached as Schedule "E" are adequately protected to the satisfaction of the Commissioner of Economic Development, Culture and Tourism;

(j) modifies the landscape plan to accommodate the increased landscaped area at the rear of the property as noted in (c) above, increase the landscaped area as a result of decreasing the number of tandem parking spaces to two and incorporate any building envelope modifications;

(k) includes additional street trees on the landscape plan along the Finch and Estelle frontage of a minimum calliper of 80 mm approximately every 3 metres; and

(l) ensures the maximum height of steps to the front door of the units does not exceed 1.2 metres.

GENERAL CONDITIONS

(3) provide a widening along the Finch Avenue East frontage, measuring 4.921 m at the east property limit to 4.895 m at the west property limit prior to issuance of a building permit;

(4) provide a 6.1 m radius corner rounding at the corner of Finch Avenue East and Estelle Avenue measured from the widened Finch Avenue East road allowance prior to issuance of a building permit;

(5) the conditions of the Parks and Recreation Planning Branch of the Economic Development, Culture and Tourism Department, as set out in Schedule "F" be satisfied prior to issuance of a building permit;

(6) staff do all things necessary to secure all appropriate agreements, financial and otherwise to implement the conditions of the Works and Emergency Services Department, as set out in Schedules "G" and "H";

(7) an application for part lot control be made to the City in order to establish the individual lots and the common elements. The applicant is required to enter into the appropriate agreements with the City to the satisfaction of the Commissioner of Works and Emergency Services, the Chief Building Official and the City Solicitor requiring joint maintenance and mutual rights-of-way to gain access over other unit owner's lands. Rights-of-way also should be granted to the owner of the adjacent property to the west, if required, to allow for the extension of a common driveway; and

(8) at the discretion of the local Councillors, a public information meeting be held prior to the Ontario Municipal Board hearing in order to inform residents of the proposal and the modifications to plan recommended in this report.

Background:

Proposal:

The owner has applied for a zoning by-law amendment to permit 4 three-storey townhouse units fronting Finch Avenue East to replace the existing single family dwelling on the site. The site is located on the south-west corner of Finch Avenue East and Estelle Avenue. Driveway access is proposed from Estelle Avenue to parking in the rear of the proposed units. Pertinent site statistics are set out below:

Proposal Central Finch Area

Secondary Plan

Requirements

Staff

Recommendations

Lot Frontage 24 m If the lot has a frontage of

less than 30 m the following

applies:

Lot Area 704 m² not specified
Lot Coverage 32.5 percent not specified
Gross Floor Area 476 m² 704 m² maximum 704 m² maximum
Density (FSI) 0.66 1.0 1.0 maximum
Height 9.1 metres

(3 storeys)

10 metres or 3 storeys

whichever is less

9.2 metres or 3 storeys

whichever is less

Yard Setbacks

- Front

- Rear

- West Side Yard

- East Side Yard

(at Estelle)

8.53m

(prior to

conveyance)

10.97 m

0.3 m

2.74 m

not specified

2.0 m (after conveyance)

11.2 m

0.6 m

0.6 m

Proposed Parking 7 spaces

(4 + 3 visitor)

8 spaces (6 in garages and 2

tandem spaces)

Required Parking 8 spaces (2/unit)

Location and Existing Site:

The site is located on the south west corner of Finch Avenue East and Estelle Avenue and is currently occupied by a single-family dwelling. To the west and to the south of the site are single family homes, both of which are within the Central Finch Secondary Plan Area which encourages residential intensification such as the proposed development. The single-family house to the west also contains a dental office. To the east across Estelle Avenue is a single family home fronting Finch Avenue East which is also within the Central Finch Area Secondary Plan. Further to the east of the site are Finch Public School and a 4-townhouse project fronting Finch Avenue, which is currently under construction. Single family dwellings which are within the Central Finch Area Secondary Plan occupy the north side of Finch Avenue East.

Official Plan:

The subject property is designated Central Finch Residential One (CFR-1) within the Central Finch Area Secondary Plan, which permits single and multiple attached residential units, in addition to park uses and places of worship. This Secondary Plan encourages residential intensification with uses such as townhouses. The maximum density permitted by the CFR-1 designation for sites with a frontage of less than 30 metres is 1.0 FSI as illustrated in the table above. With respect to parking, the Secondary Plan refers to part C.5 of the Official Plan, which calls for sufficient on-site parking so that off-site roadways and unaffiliated parking areas are not affected.

Zoning:

The subject property is currently zoned R6 (One Family Detached Dwelling Sixth Density Zone) by By-law 7625, as amended. An amendment of the by-law from R6 to a RM1 specific zone (Multiple-Family Dwelling First Density Zone) is proposed which would permit 4 townhouses.

Community Consultation:

Due to the size of the application, a community consultation meeting is not a requirement of the department and any community consultation is left to the discretion of the Local Councillors. However, due to the timing of the Ontario Municipal Board hearing, there is not an opportunity for the statutory public meeting at Community Council and the OMB hearing will be taking the place of the usual statutory public meeting held at Community Council. The date of the OMB hearing was not set until after the date public notice needed to been mailed out for the October 12th Community Council meeting. Staff are therefore recommending that at the discretion of the Local Councillors, a public information meeting be held to inform the public of the proposal and the recommendations contained in this report.

Other Department Comments:

The Transportation Services Division of the Works and Emergency Services Department has indicated that the proposal as submitted by the applicant requires 2 parking spaces per dwelling unit for a total of 8 spaces. The most western proposed tandem visitor parking space is not acceptable to the Division because it will be difficult to access due to its proximity to the western property line. Modification of the applicant's proposal to widen two of the units to accommodate double car garages in the rear of these units and the elimination of one tandem parking space would satisfy the Transportation Service Division concerns regarding parking. Their comments are attached as Schedule "G".

The Technical Services Division of the Works and Emergency Services Department has indicated that a widening of approximately 4.9 m is required along the Finch Avenue frontage in addition to servicing and drainage requirements. It is also noted that as the applicant has indicated these are to be freehold units, the appropriate agreements must be entered into with the City in order to ensure maintenance and appropriate rights-of-way for the common elements in the rear portion of the site. Their comments are attached as Schedule "H".

The Parks and Recreational Planning Section of the Economic Development, Culture and Tourism Department have indicated that a payment of 5% cash in lieu of parkland is required prior to building permit issuance and that the Department's Urban Forestry By-Law Officers need to be consulted with regard to tree preservation. Their comments are attached as Schedule "F".

The Fire Services Division of the Works and Emergency Services Department has indicated they have no concerns. Their comments are attached as Schedule "I"

The Public Health Department has indicated that they have no records of soil contamination on this site and therefore have no objections to the application. Their comments are attached as Schedule "J".

The utility comments (Bell, Consumers Gas, Toronto Hydro and Rogers Cable) are also attached as Schedules "K" through "N". No objections were raised by any of the utilities.

Discussion:

Planning Issues:

Land Use and Density:

The site is within the Finch Avenue Area Secondary Plan that anticipates limited residential intensification in this area including the development of multiple attached residential units. The Official Plan allows for densities of up to 1.0 Floor Space Index on sites with a frontage of less than 30 metres and the proposed development of approximately 0.7 FSI is within these limits. The development should also serve as a buffer from Finch Avenue to abutting residential uses. The proposed townhouses shifted towards Finch Avenue with parking in the rear achieve this. An increase in the landscaped area at the rear of the property enhances this goal further.

Urban Design:

A key element for redevelopment throughout the Central Finch Area is to provide a pedestrian friendly environment along the street. The proposal includes pedestrian only access on the Finch frontage with parking and access lanes in the rear, which helps to achieve this goal. The proposed parking access from Estelle Avenue will serve to eliminate an existing access on Finch Avenue and allow for a continual building face along Finch Avenue.

As the site is a corner property, it is also important that the corner unit address both Finch and Estelle Avenues with appropriate articulation and openings including the incorporation of the existing trees. The proposal as modified will meet these requirements.

Traffic and Parking:

To ensure adequate parking is maintained on the site and on-street parking is not encouraged, a modification to add double car garages to the end units is recommended. This modification results in the width of the end units being increase to 18 feet (5.5 metres) and allows for the elimination of one of the proposed tandem parking spaces thus providing more space for new landscaping and preserving existing landscaping.

The Transportation Services Division has indicated that a residential development of this scale will not produce any significant traffic impacts and have therefore not requested a traffic impact analysis. The location of the driveway and its proximity to Finch Avenue are also satisfactory.

Driveway access onto Estelle Avenue for a residential development of this scale allows for improved building design along Finch Avenue with pedestrian access along a continual building face. The small scale and residential nature of the proposal also will not introduce a significant traffic impact to the local street. The proposed design also meets the goal of encouraging common shared driveways and reduces the number of driveways providing access to Finch Avenue.

Conclusions:

The proposed application maintains the intent of the Central Finch Area Secondary Plan and provides for a limited residential intensification which is appropriate for the site and serves to enhance the Finch frontage. With several modifications to the site plan as outlined in the recommendations, the parking shortfall of the original proposal can be addressed while maintaining the intent of the Secondary Plan. After discussions with the applicant, they have indicated they support the proposed modification to the application that are recommended by staff.

Contact Name:

Karen Whitney, Senior Planner

North York Civic Centre

Telephone: (416) 395-7109

Fax: (416) 395-7155

(A copy of the Schedules referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

--------

The North York Community Council also submits the following report (September 29, 1999) from the Director, Community Planning, North District:

Purpose:

To advise Council that the OMB hearing date for 267 Finch Avenue East has been set and that I will be submitting a further report on this matter directly to North York Community Council on October 12, 1999.

Recommendation:

It is recommended that this report be received for information.

Comments:

On September 14, 1999, I advised North York Community Council that appeals regarding rezoning application UDZ-99-08 and site plan application UDSP-99-027 had been filed by Cassels, Brock and Blackwell.

On September 27, 1999, notification was received that the Ontario Municipal Board has scheduled a hearing regarding these matters on November 9 and 10, 1999.

Given the short notice of the OMB hearing date, and the City Solicitor's requirement of a Council position on this matter prior to the November 9 and 10 hearing, I will be submitting a report to the North York Community Council for its meeting of October 12, 1999.

Contact Name:

Anne Milchberg

Senior Planner, North District

Telephone: (416) 395-7129

Fax: (416) 395-7155

(City Council on October 26 and 27, 1999, had before it, during consideration of the foregoing Clause, a confidential report (October 14, 1999) from the City Solicitor, such report to remain confidential in accordance with the provisions of the Municipal Act ,save and except the following recommendation embodied therein:

"That the condition respecting the purchase of the adjacent property at 276 Estelle Avenue be amended so as to request the developer to demonstrate that he has made a fair market value offer to purchase the property.")

14

Official Plan and Zoning Amendment Application UDOZ-99-11 -

Weston Consulting Group for 1333955 Ontario Inc. -

1723 Finch Avenue West - Black Creek

(City Council on October 26 and 27, 1999, adopted this Clause, without amendment.)

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (September 22, 1999) from the Director, Community Planning, North District, and for the reasons that the proposal is an appropriate use of lands, recommends that the application submitted by Weston Consulting Group for 1333955 Ontario Inc., regarding Official Plan and Zoning Amendment Application for 1723 Finch Avenue West, be approved, subject to the conditions outlined in the referenced report and subject to the following:

(1) a private road of less than 8.5 metres be accepted; and

(2) the details of the proposed private road and hammer head configuration as shown on the site plan, be finalized, in consultation with the Transportation and Planning staff, as part of the site plan approval process.

The North York Community Council reports having held a statutory public meeting on October 12, 1999, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (September 22, 1999) from the Director, Community Planning, North District:

Purpose:

The purpose of this report is to make final recommendations regarding the official plan and zoning amendment applications for the development of 24 condominium townhouses on a private road at 1723 Finch Avenue West.

Recommendations:

It is recommended that the applications be approved subject to the following conditions:

Official Plan

(1) Part C.1 of the Official Plan be amended by changing the land use designation on Map C.1 Land Use Plan for the site from General Institutional and Valley Open Space to Residential Density Three in accordance with Draft Official Plan Amendment 480 attached as Appendix "A";

Zoning By-law

(2) the RM6 zoning on the property be amended to RM1 exception, subject to the following provisions:

Exception Regulations

(a) the maximum number of multiple attached dwelling units shall be 24;

(b) the maximum permitted gross floor area for all uses shall be 4,938 m2;

(c) the maximum building height shall be 3 storeys and 11.0 metres, whichever is the lesser;

(d) the minimum yard setbacks shall be as shown on draft Schedule RM1(30) (draft Zoning By-law schedules);

(e) there shall be a minimum of 2 parking spaces for each dwelling unit and 9 spaces for the use of visitors;

(f) the provisions of Section 15 and 16 of By-law 7625 relating to Landscaping, Lot Area, Lot Coverage, and Distance Between Buildings shall not apply; and

(g) the provisions of this exception shall apply collectively to the lands zoned RM1(30) notwithstanding their future severance, partition or division for any purpose;

(3) prior to enactment of the zoning by-law, the Director, Community Planning, North District shall have granted site plan approval;

(4) subject to the conditions of the Technical Services Division, Works and Emergency Services Department, attached as Schedule "F";

(5) subject to the conditions of the Transportation Services Division, Works and Emergency Services Department, attached as Schedule "G";

(6) subject to the conditions of the Policy and Development Division, Economic Development Culture & Tourism Department, attached as Schedule "H";

(7) subject to the conditions of the Toronto and Region Conservation Authority, attached as Schedule "K"; and

(8) that the applicant provide an undertaking satisfactory to the City Solicitor that the site be developed as a condominium.

Background:

Proposal

The applicant proposes official plan and zoning by-law amendment applications in order to permit the construction of 24 condominium townhouse units as shown on Schedule "C".

Revised plans have been submitted which shift the entire development to ensure a required 10 metre setback, without encroachments, from the top of bank is provided. The common element private road is still proposed as part of the development and two promontories have now been included to provide views into the valley.

The pertinent statistics are as follows:

Site Area .62 hectares (1.53 acres)
No. Units 24 townhouse units
Gross Floor Area 4,937.6 m2
Lot Coverage 26.5%
Building Height 3 storeys (11 metres)
Floor Space Index 0.8
Parking 48 resident spaces (2 per unit) and 9 visitor spaces (total 57 spaces)

Location and Existing Site

The site is located on the south side of Finch Avenue West in an area west of Sentinel Road and adjacent to the Black Creek. To the west of the site is the Northminster Baptist Church and the York Woods Public Library. Located east and south of the site is Derrydowns Park, owned by the Toronto Region Conservation Authority. High rise residential uses are located on the north side of Finch Avenue West.

Planning Controls:

Official Plan

The site is located in the Jane Heights Residential Community. Most of the site is designated General Institutional in the Official Plan, while a small portion of the site is designated Valley Open Space (see Schedule "A"). The General Institutional designation permits major institutional uses that serve the health care, religious, educational, cultural and social needs of the residents in the surrounding area. The Valley Open Space designation includes lands that are to be maintained in a natural state except for compatible recreational uses and essential public works. Part of the site is also located in the Valley Land Impact Zone (VIZ) which includes valley lands and lands within the first ten metres above and beyond the crest of a stable valley slope. Council's conservation policies for the development of land on valley edges identified in Part C.2, Section 4.3.3 of the Official Plan, and the policies and regulations of the Toronto and Region Conservation Authority (TRCA) apply to this proposal.

There are criteria in the Official Plan to guide the redesignation of non-residential lands to residential. Council may consider official plan amendment applications that propose to redesignate non-residential land to residential when, in Council's opinion, community services and facilities are in place or can be provided to serve the proposed residential development. Also, the cumulative impact of the redesignation of lands for residential use should not have an undue negative impact on existing community services, transportation facilities and municipal servicing capacities.

In addition, Council may consider applications to redesignate non-residential land to residential use when one of the following conditions apply:

(1) There is a demonstrated need to improve or rejuvenate areas due to obsolescence or physical decline; or

(2) The introduction of residential land use will not jeopardize the continued viability of commercial, industrial, institutional and open space land uses.

Zoning

The existing zoning on the site is Multiple-Family Dwellings Sixth Density Zone (RM6) (see Schedule "B"). The site is also subject to By-law 27683, approved by North York Council in 1980, which permits a nursing home including doctors and dentists offices, a retail store, pharmacy, barber/beauty shops and associated recreational uses. In 1987 and 1988, the Committee of Adjustment approved minor variances to permit a 4 storey nursing home on the site. The nursing home has not been built, and the site is currently vacant. Copies of By-law 27683 and past decisions of the Committee of Adjustment are available for review in the Planning Department during normal office hours.

The applicant is requesting an amendment to the zoning by-law to permit multiple attached dwellings.

Site Plan

Site plan approval is required for this proposed development. Prior to enactment of the zoning by-law, the Director, Community Planning, North District shall have granted site plan approval.

Comments from Other Departments

The Technical Services Division, Works and Emergency Services Department advises that municipal services (water and storm sewer ) are available from Finch Avenue West. Sanitary sewer service is available from an existing sanitary sewer from the south end of the site to the sanitary sewer in the Black Creek basin area. The allocation of the Interim Sanitary Trunk capacity for this development is subject to Council approval of the application. It should be noted that the proposal results in a decrease in the existing sanitary sewer allocation for this site. The applicant must comply with the Public Roads Policy, which requires a minimum pavement width of 8.5 metres on common element private roads. If the applicant requests garbage pickup for individual townhouse units, a cul-de-sac of 12.5 metres pavement radius or an approved turn around facility must be provided at the south end of the site. (Schedule "F")

The Transportation Services Division, Works and Emergency Services Department advises that the department has no objections to the proposal subject to a number of conditions. The proposed private roadway must have a minimum pavement width of 8.5 metres and be constructed to City of Toronto standards. In addition, Zoning By-law 7625 requires a 6.0 metre pavement width for a two way driveway. The width of driveways leading to dwelling units must be a minimum of 3.0 metres up to a maximum of 6.0 metres but may not exceed the width of the garage or carport. The 9 visitor parking spaces should be signed accordingly. The applicant is required to obtain building location, access and streetscape permits prior to the construction of the project. (Schedule "G")

The Policy and Development Division, Economic Development Culture & Tourism Department advises that the development will be subject to a 5% cash-in-lieu of parkland dedication payment, payable prior to building permit issuance. In addition to the required parkland dedication payment, the applicant has agreed to contribute to the City $5,000.00 towards the development of existing parks in the surrounding area of the subject lands. These monies will also be payable prior to building permit issuance. (Schedule "H")

The North Command of the Fire Services Department advises that there is no requirement for a Fire Access Route. (Schedule "I")

The Public Health Department has no objection to the application. The revised plan does not affect their previous comments for this site. The Phase 1 Environmental Site Assessment prepared for the site has been reviewed and the Public Health Department advise that the potential for environmental impacts on the property is low, and that based on the evidence presented, no site remediation will be required as there are no concerns about contamination or potential risk to human health. (Schedule "J")

The Toronto and Region Conservation Authority (TRCA) advises that the applicant has completed a geotechnical report identifying the stable top of bank. The structures and decks as shown on the revised plan are now set back 10 metres from the top of bank. However, the proposed brick pathway and vista point located between block 1 and block 2 extends over the top of bank. While TRCA does not object to the pathway within the 10 metre setback area, however they require that it not extend over the top of bank and recommend that it be set back a metre or more to provide some buffering for the valley edge. Also, as outlined in TRCA correspondence dated August 11, 1999 (Schedule "K"), a permit under Ontario Regulation 158 and stormwater management details are still required prior to the issuance of building permits by the municipality (Schedule "K").

The Toronto District School Board advises that the schools currently designated to accommodate students from the proposed development are Topcliff PS, Oakdale Parks MS and Westview Centennial SS. The anticipated students from the proposed development can be accommodated at Topcliff PS and Westview Centennial SS, while the anticipated student yield from the proposed development can not be accommodated at Oakdale Park MS and alternative accommodation arrangements will be required for these students. (Schedule "L")

The Toronto Catholic District School Board advises that the children residing in the development could be accommodated at St. Wilfrid Catholic School (JK - 8) and James Cardinal McGuigan Catholic Secondary School (9 - OAC). (Schedule "M")

Discussion:

Planning Considerations:

The criteria in the Official Plan to guide the redesignation of non-residential lands to residential require that community services and facilities are in place or can be provided to serve the proposed residential development. Community services, transportation facilities and municipal services are in place to serve the proposed residential development. The site is located next to a public library, church, school and park. Municipal water and storm and sanitary sewer services are available for the development. The applicant has agreed to additional cash contributions for local parks.

Both the Toronto District School Board and the Toronto Catholic District School Board have advised that students from this proposed development can be accommodated in their facilities.

The proposed development is consistent with the permitted uses and density of the Residential Density Three (RD-3) designation in the Official Plan. Whereas this designation permits townhouses at a maximum density of 100 dwelling units per net residential hectare (40 units per net residential acre), this application proposes a density of 57 units per net residential hectare (23 units per net residential acre). It is recommended that the property be redesignated from General Institutional and Valley Open Space to RD-3, and that the zoning be amended to an RM1 exception zone.

The proposal meets the zoning by-law parking requirement of 2 parking spaces per dwelling unit. The applicant is providing a total of 57 parking spaces. Parking is to be located within the individual garages and in the driveways of each dwelling unit in tandem. Visitor parking is proposed along the private road.

The low volumes of traffic generated by the development, as indicated in the traffic analysis prepared by the applicant and reviewed by the Transportation Division, will not have an undue negative impact on existing transportation facilities.

Impact on Valley Lands

The site is located partially within the valley corridor of the Humber River, adjacent to the Black Creek, and is subject to the policies and regulations of the Toronto and Region Conservation Authority (TRCA).

A Planning Department supplementary report dated August 26, 1999 was received at the September 14, 1999 North York Community Council meeting dealing with the stability of the top of bank for this property. The applicant has submitted to the TRCA confirmation of the staked top of bank on the site and a completed geotechnical report. Based on this information, comments have been received from the TRCA (Schedules "K") which do not object to the approval of the official plan and zoning by-law amendments provided that they include the following:

(a) the lands below the stable top of bank must be appropriately zoned and designated to prohibit structural encroachment, or the removal of vegetation except for resource management purposes; and

(b) a minimum setback of 10 metres from the stable slope line for all building structures and other appurtenances from the stable top of bank limit; and

(c) a permit under Ontario Regulation 158 is required from TRCA for grading within the eastern and southern portions of this property. The applicant must obtain approval prior to the issuance of the building permits by the municipality. Grading beyond the top of bank will not be permitted.

Urban Design

To enhance the public nature of the valley, the site and buildings have been reorganized to place the fronts of the townhouses along the valley edge. Two promontories have been located between the buildings to provide for views into the valley lands.

A preliminary landscape plan has been submitted which includes information on the Finch Avenue streetscape and the remainder of the site. Development of this site will implement the City's streetscape objectives. An inventory of the existing vegetation for the site has also been submitted (Schedule "E").

The landscape plan submitted by the applicant does not provide a sufficient level of detail and should be brought to site plan standards with details, including fences, steps and sidewalks. Details of planting and a plant list with new plant names, size and conditions for planting should also be submitted.

Conclusions:

This report recommends the approval of the proposal to develop the site with 24 condominium townhouse units, subject to the conditions outlined. The applicant will be required to obtain site plan approval for the property prior to enactment of the by-law.

Contact Name:

Brian Lambourn

North York Civic Centre

Telephone: (416)395-7135

Fax: (416) 395-7155

E-mail: blambour@city.north-york.on.ca

(A copy of the Schedules and Appendices referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

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Mr. Alan Hirschfield, appeared before the North York Community Council in connection with the foregoing matter, on behalf of the applicant and indicated that the applicant concurred with the recommendations outlined in the staff report.

15

Zoning Amendment Application UDZ-99-03 -

Francis and Rosalina Rementilla, c/o Eduardo Manapul -

276 Duplex Avenue - North York Centre

(City Council on October 26 and 27, 1999, adopted this Clause, without amendment.)

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (September 22, 1999) from the Director, Community Planning, North District, and for the reasons that the proposal is an appropriate use of lands, recommends that the application submitted by Francis and Rosalina Rementilla, c/o Eduardo Manapul, regarding Zoning Amendment Application for 276 Duplex Avenue, be approved, subject to the conditions outlined in the referenced report:

The North York Community Council reports having held a statutory public meeting on October 12, 1999, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (September 22, 1999) from the Director, Community Planning, North District:

Purpose:

This report provides final recommendations respecting an application to amend Zoning By-law 7625 of the former City of North York to permit a portion of a detached residential house at 276 Duplex Avenue to be used as a physiotherapy clinic.

Recommendations:

It is recommended that:

(1) the R6 zoning applicable to the subject property be amended to R6(9) to:

(a) permit a physiotherapy clinic with a maximum gross floor area of 30 m2, in addition to uses permitted in the R6 zone;

(b) require not less than three parking spaces, which are to be provided on the lot, of which two parking spaces are to be provided and maintained for the exclusive use of residents of the building; and

(c) define Front Yard Hard Surfaces, for the purposes of calculating the front yard areas of hard and soft landscaping, as the parking spaces and the driveway leading to the parking spaces; and

(2) prior to the introduction of the Bill in Council, the owner shall be required to provide a Letter of Credit in the amount of $7,800, to guarantee full completion of front yard landscaping requirements, in compliance with Landscape Plan No. L1, prepared by Eduardo Manapul, dated stamped as received August 27, 1999, as on file with the Director, Community Planning, North District.

Background:

Proposal:

The applicant proposes to use 29.5 m2 of the main floor of the existing detached 1.5-storey residential house at 276 Duplex Avenue as a physiotherapy clinic. Thirty square metres represents approximately 17% of the floor area of the building. The remainder of the building will continue to be used as a residence. The owner, who lives in the building, is a physiotherapist and will operate the clinic.

Statistical information pertaining to the application is provided in the following table:

Lot size 529.5 m²
Lot frontage 15.3 m
GFA of the existing residence 175.5 m²
GFA of the proposed medical office use 29.5 m²
Parking 3 parking spaces: 2 parking spaces for the existing residential use and 1 parking space for the proposed commercial use

Official Plan:

The property is located within the Uptown area of the North York Centre and is designated by the North York Centre Secondary Plan (OPA 447) as Uptown Residential-One (UR1). (See attached Schedule "A".) Commercial, residential and institutional issues are permitted by the UR1 designation applicable to the subject lands up to a maximum gross floor area of four times the area of the lot. Commercial uses are limited to 20% of the permissible GFA.

Zoning:

The site is zoned One-Family Detached Dwelling Sixth Density Residential (R6). (See attached Schedule "B".) The applicable zoning does not permit the proposed use.

Comments:

Planning considerations:

No changes are proposed to the exterior of the existing building. Minor changes, however, are proposed to the driveway and front yard to accommodate two outdoor parking spaces.

The property is located within a future redevelopment area of the Uptown. To ensure that the appearance of the property is compatible with the existing physical character of the neighbourhood, the applicant was requested to prepare a Landscape Plan for the outdoor parking and front yard areas. A satisfactory Landscape Plan has been submitted to this Department. Features of the Landscape Plan include:

- a variety of shrubs;

- preservation of the existing large deciduous tree;

- stone pavers surrounding the tree to allow for water seepage, and

- no changes to the width of the existing curb cut.

The application includes two parking spaces for the existing residential use and one parking space for the proposed physiotherapy clinic. One of the two parking spaces allocated to the existing residential use is located within the building's garage.

The application was circulated to civic officials for comments. No concerns were raised respecting the proposed use. (See attached Schedules F to N.)

Community consultation:

In light of the relatively minor nature of this application, a community consultation meeting has not been held. Community concerns will be addressed at the statutory public meeting.

Conclusions:

The proposed physiotherapy clinic use conforms with the policies of the North York Centre Secondary Plan. The request for the Zoning By-law amendment is recommended for approval.

Contact Name:

Michael Mizzi, Senior Planner

Community Planning, North District

Telephone: (416) 395-7106

(A copy of the Schedules referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

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The North York Community Council also reports having had before it the following communications:

(i) (September 27, 1999) from T. Travus, in opposition to the application; and

(ii) (undated) from Ewa Byk-Green, expressing concerns with the application.

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No individuals appeared before the North York Community Council in connection with the foregoing matter.

16

Road Closing Publication -

Wilson Heights Boulevard and Sheppard Avenue West -

North East Corner - North York Spadina

(City Council on October 26 and 27, 1999, amended this Clause by striking out the Resolution by Councillor Moscoe embodied therein and inserting in lieu thereof the following new Resolution:

Moved by: Councillor Moscoe

Seconded by: Councillor Feldman

"WHEREAS the City has declared the lands located at the northeast corner of Wilson Heights Boulevard and Sheppard Avenue West as surplus; and

WHEREAS the City, therefore, agrees to proceed to close the road in accordance with Section 297 of the Municipal Act; and

WHEREAS pursuant to the Municipal Act, Council directs the Legal department to immediately publish notice of the City's intent at least once a week for four successive weeks in the appropriate publication; and

WHEREAS a settlement has been achieved between the residents of Cocksfield Avenue, Torbel Developments (126175 Ontario Limited), and the City for a seven and five-storey mixed use building and five single family houses fronting onto Cocksfield Avenue at the Ontario Municipal Board on Friday, October 8, 1999;

NOW THEREFORE BE IT RESOLVED THAT Council direct the publication noted above be effected forthwith, and that Council authorize City officials to prepare the appropriate by-laws and site plan agreements to implement the OMB settlement.")

The North York Community Council recommends the adoption of the following Resolution by Councillor Moscoe, North York Spadina:

WHEREAS the city has declared the lands located at the north east corner of Wilson Heights Blvd. And Sheppard Avenue West as surplus; and

WHEREAS the city therefore agrees to proceed to close the road in accordance with section 297 of the Municipal Act; and

WHEREAS pursuant to the Municipal Act City Council directs the Legal Department to immediately publish notice of the city's intent at least once a week for four successive weeks in the appropriate publication;

THEREFORE BE IT RESOLVED that Council in compliance with the settlement achieved between the residents of Cocksfield Avenue, Torbel Developments (1261075 Ontario Inc.) And the city at the Ontario Municipal Board on Friday October 8, 1999, the city directs the publication noted above to be effected forthwith.

17

Other Items Considered by the Community Council

(City Council on October 26 and 27, 1999, received this Clause, as information.)

(a) Presentation - Service Level Changes in North District.

The North York Community Council reports having received a verbal update from the Director, Solid Waste Collections, Districts 3 and 4, respecting service level changes in the North District.

The North York Community Council also reports, for the information of Council, having requested Mr. Angelo Bacopoulos, the General Manager, Solid Waste Management Services Division, to attend the next meeting of the North York Community Council scheduled for November 9, 1999, and to review and provide a report on the following:

(1) the number of routes completed and not completed on a weekly basis during September and October, 1999;

(2) the volume of waste, yard waste, household and recycling, from single family homes by district and route for September 1998 and 1999 and October 1998 and 1999; such report to include the number of households served per route prior to once a week collection and the number of households now served by district and routes;

(3) respond to North York Community Council on the Solid Waste Department's proposed action from the directions of the Budget Committee and Council regarding the former City of North York area continuing to receive twice per week summer garbage pick-up; and this service being expanded across the entire City of Toronto, prior to a report on this issue being submitted to the Works Committee;

(4) the cost to increase the level of recycling pick up to weekly throughout the entire City of Toronto, by district;

(5) the number of complaints by route and the nature of the complaints received by the Works and Emergency Services Department, including the North York Civic Centre regarding yard waste, garbage and recycling pick-up this year;

(6) the tonnage of waste collected monthly, by routes in the North District in 1999;

(7) what staff and vehicles have been reduced in the North District; and

(8) the savings realized by reducing staff for waste collection from twice per week to once per week and from reducing the recycling pick-up from weekly to bi-weekly.

(b) Fire and Ambulance Services - KPMG Fire Station Location and Fire/Ambulance Study.

The North York Community Council reports having referred the following recommendations to the Community Services Committee:

(1) the adoption of the recommendations embodied in the report dated September 28, 1999 from the Commissioner of Works and Emergency Services, the Fire Chief and the General Manger, Toronto Ambulance Services; and

(2) that funding be included in the 2002 Capital Budget for Station "C" as recommended in the report, for a site and the construction of the proposed station, or sooner, if the site becomes available through the review of development applications in the area.

The North York Community Council also reports having requested a further report from the Commissioner of Works and Emergency Services, the Fire Chief and the General Manager, Toronto Ambulance Services regarding:

(a) the feasibility of establishing the new Station "B" at the centre of the Downsview lands rather than on Keele Street;

(b) the feasibility of establishing direct access to Dufferin Street for emergency from the ambulance headquarters;

(c) the actual average response time from each station as opposed to the four-minute road response time as in the report;

(d) the estimated average response time resulting from these changes required by adopting a four-minute overall average response time; and

(e) the combination of the new district boundaries if a single collective agreement and unified dispatch is achieved.

The North York Community Council also reports having received presentations from Fire Chief Alan Speed and Mr. Ron Kelusky, General Manager, Toronto Ambulance Services, respecting the KPMG's Fire Station Location Study.

The North York Community Council also reports having had before it the following reports and communication:

(i) (September 28, 1999) from the Commissioner of Works and Emergency Services, the Fire Chief and the General Manager, Toronto Ambulance Services, recommending that City Council adopt the recommendations of the KPMG Study, as amended by this report, and that the appropriate City Officials be authorized and directed to implement those recommendations in accordance with the implementation schedule included as Attachment "B", and requesting that North York Community Council submit its comments thereon to the Community Services Committee for consideration at its meeting scheduled to be held on November 4, 1999;

(ii) Supplementary Report No. 1 of 3 (September 28, 1999) from the Commissioner, Works and Emergency Services and the Fire Chief, Toronto Fire Services, entitled "Closing of Fire Station T26 - 153 Chatham Avenue: Ward 26; and Closing of Fire Station T31 - 462 Runnymede Road: Ward 19", responding to a request by Councillor Duguid to consider alternative options for the closing of Fire Stations Nos. T26 and T31, as recommended in the KPMG report, and recommending that City Council receive this report for information;

(iii) Supplementary Report No. 2 of 3 (September 28, 1999) from the Commissioner, Works and Emergency Services and the Fire Chief, Toronto Fire Services, entitled "Risk Insurance", responding to a request by Councillor Fotinos, on behalf of Councillor Adams, for additional information respecting the KPMG recommendations, and recommending that City Council receive this report for information;

(iv) Supplementary Report No. 3 of 3 (September 28, 1999) from the Commissioner, Works and Emergency Services and the Fire Chief, Toronto Fire Services, entitled "Rationalization of Facilities; Re-allocation of Apparatus; Fleet Maintenance; and Human Resource Implications", responding to a request by Councillor Balkissoon for additional information respecting the KPMG recommendations, and recommending that City Council receive this report for information; and

(v) (September 28, 1999) from Councillor King, Seneca Heights, outlining her support and concurrence with the recommendation to build a fire station on Sheppard Avenue between Leslie Street and Bayview Avenue and suggesting that when the City deals with applications for rezoning of lands in the area, that staff be directed to negotiate for property to be dedicated for the new Fire Station "C".

(c) Committee of Adjustment UDCA-98-547 - Toronto French School - 294 Lawrence Avenue East - Ontario Municipal Board Decision - North York Centre South.

The North York Community Council reports having received the following report:

(September 7, 1999) from the City Solicitor, reporting on the outcome of the Ontario Municipal Board hearing held with respect to 294 Lawrence Avenue East, and recommending that the report be received for information.

(d) Committee of Adjustment CA-98-426 - Gulu Thadani - 157 York Mills Road - Ontario Municipal Board Decision - North York Centre South.

The North York Community Council report having received the following report:

(August 27, 1999) from the City Solicitor, reporting on the outcome of the Ontario Municipal Board hearing held with respect to 157 York Mills Road, and recommending that the report be received for information.

(e) Speed Limit for all Roads in York Mills Valley - North York Centre South.

The North York Community Council reports having received the following report and having deferred consideration of the following Resolution by Councillor Flint, North York Centre South, to its next meeting scheduled for November 9, 1999:

WHEREAS the Official Plan designates the Ward 9 York Mills Valley community as a Special Policy Area due to its being located in a flood plain; and

WHEREAS the York Mills Valley displays a unique curving road pattern that respects the river and ravines; and

WHEREAS all roads except Old Yonge Street, Mill Street and part of Donwoods Drive are unimproved and have no curbs, storm sewers or sidewalks; and

WHEREAS the area residents value trees, landscaping features, etc.; and

WHEREAS there is a popular private pre-school and junior elementary school in the area that attracts considerable traffic from outside York Mills Valley; and

WHEREAS residents, through their local Ratepayer Association, have expressed concern about the standard 50 km speed limit being inappropriate and unsafe in the area;

THEREFORE BE IT RESOLVED THAT the speed limit for all roads in York Mills Valley, in the area south of York Mills Road, east of Yonge Street (as per Appendix 'A') be 40 km.

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(October 10, 1999) from the Director, Transportation Services, District 3, addressing the proposal put forward by the Resolution from Councillor Flint to reduce the speed limit on the roads of the York Mills Valley community to 40 km/h, and recommending that the speed limit of roads in the York Mills Valley community be reduced to 40 km/h.

(f) Proposed Road Classification System.

The North York Community Council reports having deferred consideration of the following reports to its next meeting scheduled for November 9, 1999:

The North York Community Council also reports, for the information of Council, having:

(1) requested the Works Committee to defer consideration of this matter which is expected to be considered by the Works Committee at its meeting scheduled for November 3, 1999, in order to allow the North York Community Council an opportunity to forward its comments and/or recommendations regarding this issue;

(2) having noted the following motion which would be tabled at the next meeting for consideration:

By Councillor Moscoe, North York Spadina:

"that the staff recommendations be adopted;

that Section 6 of the report (June 29, 1999) from the Commissioner of Works and Emergency Services regarding sidewalks be further elaborated upon and a sidewalk classification system be developed;

that traffic calming measures on any street, that carries a public transit route, regardless of the classification, shall be referred to the Toronto Transit Commission for comment and referred to the Works Committee;

that generally North York Community Council supports the position that transit routes shall be free of traffic calming measures that inhibit transit vehicles;"

(3) requested the Commissioner of Works and Emergency Services to submit a comprehensive report to the North York Community Council for its next meeting scheduled for November 9, 1999, commenting on the requests put forward in the following motions:

(a) By Councillor Shiner, Seneca Heights:

"that local, collector and minor arterial roads in Ward 12 be designated at the lowest speed limit as allowed per their category;

that major arterials in Ward 12 be designated at the lowest speed limit as allowed per their category;

that the following roads be classified as Local:

Blithfield Road;

Citation Drive ;

Bayview Mews;

Hawksbury Drive from Elkhorn to Sheppard Avenue;

Burbank Drive;

Ruddington Drive;

Tollerton Avenue;

Heathview Avenue;

that the following road be classified as a Collector:

McNicoll Avenue for Gordon Baker Road to Bayview Avenue"

(b) By Councillor Flint, North York Centre South:

"the following roads be reclassified as outlined:

from Collector to Local:

Broadway Avenue;

Lord Seaton Road, from The Links Road to Masters Road;

Masters Road;

Montressor Road, between Masters Road and Toba Drive;

Fifeshire Road, between Knollwood Street and Toba Drive;

Vyner Road;

Forest Heights Boulevard;

Harrison Road, north of Berkindale Drive;

Park Lane Circle;

Lawrence Avenue East, west of Park Lane Circle;

from Arterial to Local:

Lawrence Avenue East, from Banbury Road west to new Lawrence Avenue East (two houses);

from Arterial to Collector:

Lawrence Avenue East, from Blaine Drive to The Bridle Path;

from Local to Collector:

Mill Street;

Wm. Carson Crescent;

Mildenhall Road, between Lawrence Avenue East and Blythwood Road;

Upper Canada Drive;

Montressor Drive, between Upper Canada Drive and Toba Drive;

Fifeshire Road, between Toba Drive and Bayview Avenue;

Fifeshire Road, between Knollwood Street to Bayview Avenue;

Banff Road, between Broadway Avenue and Eglinton Avenue;

Gerald Road, between Berkindale Drive and Truman Road;

Old Leslie Street, from Leslie Street to Sheppard Avenue East;

Bannatyne Drive, from Vyner Road to Silvergrove Road;

Woodsworth Road;

The Links, from Lord Seaton; and

Tournament Drive"

(c) By Councillor Minnan-Wong, Don Parkway:

"the following roads be reclassified as outlined:

from Collector to Local:

Cassandra Boulevard;

Fenside Drive;

Lyndock Crescent;

Roywood Drive;

Three Valleys Drive;

from Minor to Collector:

Sloane Avenue"

The following persons appeared before the North York Community Council in connection with the foregoing matter:

- Ms. Rhona Swarbrick, Co-Chair, Toronto Pedestrian Committee, who also filed a copy of her written submission with the Clerk; and

- Ms. Helen Hansen, Feet on the Street, who also filed a copy of her written submission with the Clerk.

(October 8, 1999) from the Director, Transportation Programming and Policy, providing further information as requested by the North York Community Council and recommending that the report be received as information; and

(July 14, 1999) from the City Clerk, advising that the Works Committee at its meeting held on July 14, 1999, referred the report (June 29, 1999) from the Commissioner of Works and Emergency Services respecting a Proposed Road Classification System to all Community Councils for consideration and requested that comments be submitted to the Works Committee for consideration at its November 3, 1999 meeting.

(g) Harmonized Residential Water Service Connection Repair Program.

The North York Community Council reports having received the following report:

(June 22, 1999) from the Commissioner of Works and Emergency Services, respecting the development of a strategy to upgrade the private portions of residential water service connections at no cost to homeowners, and an estimate of the cost to do so, advising that the City undertaking a private side water service repair program will be a significant increase in level of service at an annual cost of $10.96M, but that undertaking the complete water service repair from the water main to the meter at one time and by one contract would ensure the work is carried out in the most cost-effective and expedient manner; further advising that given the numerous demands on the water and wastewater capital budget, staff do not recommend this increased level of service, especially as it would involve working on private property; and recommending that this report be received for information.

(h) Toronto Hydro Rate Increases to North York Residents.

The North York Community Council reports having received the following communication (September 23, 1999) from Councillor Moscoe, North York Spadina, and having referred the following recommendations to the Policy and Finance Committee:

(1) Council exercise shareholders direction to instruct Toronto Hydro to not proceed with increases in rates planned for January 2000 without referring the proposed increases to the Community Councils and Works Committee for Council recommendations; and

(2) all motions from the Budget Committee and/or Council, which dealt with Toronto Hydro rates, be brought forward and considered at the Policy and Finance Committee meeting of October 14, 1999.

(September 23, 1999) from Councillor Moscoe, North York Spadina, advising that Toronto Hydro has introduced a new billing structure that increases rates for North York residents; and requesting that the North York Community Council review his submission to the Policy and Finance Committee and deal with this matter at its meeting scheduled for October 12, 1999.

(i) Decision-Making Protocol for Parks and Recreation Matters - All Wards.

The North York Community Council reports having referred the following recommendation to the Economic Development and Parks Committee:

(1) that the recommendations embodied in the report (August 23, 1999) from the Commissioner of Economic Development, Culture and Tourism, as amended by the Economic Development and Parks Committee at its meeting held on September 13, 1999, be endorsed.

(September 16, 1999) from the City Clerk (Economic Development and Parks Committee), referring the report (August 23, 1999) from the Commissioner of Economic Development, Culture and Tourism, respecting a protocol for dealing with parks and recreation matters, for consideration and comment thereon to the Economic Development and Parks Committee meeting scheduled to be held on November 8, 1999.

(j) Waiving of Tree Preservation Charges for the Removal of Trees - 1857 Leslie Street - Don Parkway.

The North York Community Council reports having deferred consideration of the following report to its next meeting scheduled for November 9, 1999:

(September 20, 1999) from the Commissioner of Economic Development, Culture and Tourism, reporting on a motion by Councillor D. Minnan-Wong, as requested by the North York Community Council at its meeting held on September 14, 1999, and recommending that since North York Community Council has approved the removal of the trees, such removals should be conditional on the applicant paying the standard tree removal and amenity costs, totalling $14,502.00; and that the funds for the value of the trees to be removed be used for replacement tree planting within the local area and not for other specific amenities related to the project.

(k) Licence Agreement - Microcell Connexions Inc. and Clearnet PCS Inc. - Telecommunication Equipment - Leslie Street Water Tower - Don Parkway.

The North York Community Council reports having referred the following recommendations to the Telecommunications Steering Committee for consideration and report thereon to the Policy and Finance Committee and Council:

(1) that the following report (September 23, 1999) from the Commissioner of Economic Development, Culture and Tourism, not be adopted;

(2) that the licensing contract with Microcell Connexions Inc. and Clearnet PCS Inc. regarding their installations on the Leslie Street Water Tower be terminated as soon as legally possible;

(3) that given the contradictory and inconsistent data related to cellular transmissions, the City place a moratorium on entering into leases involving cellular transmission equipment until the Telecommunications Steering Committee and Board of Health have had an opportunity to report back to Council;

(4) that cell transmission policy issues be referred to the Telecommunications Steering Committee and the Board of Health; and

(5) the Telecommunications Steering Committee be requested to develop a protocol for such telecommunication installations and make recommendations to the Planning and Transportation Committee.

The North York Community Council also reports, for the information of Council, having requested the Commissioner of Economic Development, Culture and Tourism, to provide North York Community Council with a map identifying all locations having telecommunication and broadcasting antennae in the North York area.

The North York Community Council also reports having had before it the following:

(i) (October 6, 1999) from Mr. Mark Maitman, requesting the opportunity to speak on this matter;

(ii) (October 4, 1999) from the Citizens for a Healthy Future, a group of concerned residents in Don Parkway and North York Centre South, forwarding its submission for consideration at the October 12, 1999 meeting; and

(iii) (September 23, 1999) from Imagineering Limited on behalf of Clearnet PCS Inc., forwarding a report headed "Report on Safety Code 6 Compliance Survey at Leslie/Talwood Water Tower".

The following persons appeared before the North York Community Council in connection with the foregoing matter:

- Mr. James Kennedy, Clearnet PCS Inc.;

- Mr. Florin Buciu;

- Mr. Mark Maitman; and

- Mr. Bill Roeoch, Microcell Connexions Inc.

A recorded vote on Recommendation (2) moved by Councillor Minnan-Wong, Don Parkway, was as follows:

FOR: Councillors Li Preti, Flint, Filion, Minnan-Wong, Shiner

AGAINST: Councillors Gardner, Chong

ABSENT: Councillors Mammoliti, Sgro, Moscoe, Augimeri, Berger, Feldman, King

Carried

(l) Preliminary Evaluation Report - Zoning Amendment Application UDZ-99-19 and Site Plan Application UDSP-99-085 - Del Real Estate Consultants - 12 McKee Avenue, 33 Doris Avenue and 21 Church Avenue - North York Centre.

The North York Community Council reports having received the following report:

The North York Community Council also reports, for the information of Council, having requested the Director, Community Planning, North District, to report on what measures can be taken to ensure that private sector buildings built as seniors buildings will only be occupied by seniors.

(September 28, 1999) from the Director, Community Planning, North District, providing preliminary comments on an application to amend the Zoning By-law and for site plan approval to permit the construction of a 17 storey seniors' apartment building at the north-west corner of McKee Avenue and Doris Avenue; and recommending that staff continue processing the application in the manner outlined in the report.

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Councillor N. Gardner, North York Centre, declared his interest in the foregoing matter in that he is a member of a Board of Directors in a private company and another member of that Board of Directors is involved in the ownership of the property that is involved with this application.

(Councillor Gardner, at the Council meeting on October 26 and 27, 1999, declared his interest in the foregoing Item, in that he is a member of a Board of Directors in a private company and another member of that Board of Directors is involved in the ownership of property that is involved with this application.)

(m) Preliminary Evaluation Report - Zoning Amendment Application UDZ-99-13 - Brown Dryer Karol - 74-78 Finch Avenue West - North York Centre.

The North York Community Council reports having received the following report:

(September 28, 1999) from the Director, Community Planning, North District, providing preliminary comments on an application to amend the Zoning By-law to permit the construction of 21 townhouses at 74 - 78 Finch Avenue West, and recommending that staff continue processing the application in the manner outlined in the report.

(n) Preliminary Evaluation Report - Official Plan and Zoning Amendment Application UDOZ-99-18 and UDSP-99-083 - Shermount Co-operative Housing Development - 650 Lawrence Avenue West - North York Spadina.

The North York Community Council reports having:

(1) deferred consideration of the reports (September 23, 1999) and (August 30, 1999) from the Director, Community Planning, North District, to the Committee's next meeting scheduled for November 9, 1999; and

(2) noted the following motion put forward by Councillor Li Preti on behalf of Councillor Moscoe, North York Spadina, which would be tabled at the next meeting for consideration with this matter:

"(a) deferral of any application fees be contingent upon the applicant filing an audited financial plan showing the proposed profit margin per unit and accredited statement upon sale of all units showing the profit generated by the project prior to registration of the condominium;

(b) in order to achieve any "special consideration" from the City, the applicant must agree through a Section 37 agreement on a maximum amount of profit to be generated by each unit; and

(c) the Director, Community Planning, North District, report on the use of the word "cooperative" to describe this project."

(September 23, 1999) from the Director, Community Planning, North District, providing a supplementary report respecting information on a meeting held with the applicant, Councillor Moscoe and City staff, as requested by the North York Community Council at its meeting held on September 14, 1999 and recommending that:

(1) the recommendations contained within the Preliminary Evaluation Report dated August 30, 1999; be approved; and;

(2) the minutes of the meeting held on September 21, 1999 attached as Appendix "A" be received and the Planning staff in consultation with the Toronto Housing Company, the Legal Department and through community consultation address the issues contained in Appendix "A" in the final report evaluating the Official Plan and Zoning Amendment Application;

(August 30, 1999) from the Director, Community Planning, North District, providing preliminary comments on an application to amend the Official Plan and Zoning By-law to permit the development of a 6, 8 and 10 storey apartment building with 393 units and 52 - 3 storey townhouses; and submitting recommendations with respect the further processing of the application; and

Notice of Motion by Councillor H. Moscoe regarding the deferral of the payment of application fees.

(o) Preliminary Evaluation Report - Official Plan and Zoning Amendment Application UDOZ-99-20 - Kirkor Architects and Planner and McCarthy Tetrault for Whitleigh Development Corporation - 2-47 Sheppard Square, 17 Barberry Place - North York Centre South.

The North York Community Council reports having approved the following report:

The North York Community Council also reports, for the information of Council, having requested the Director, Community Planning, North District, and the Director and Deputy Chief Building Official, Building Division, North District, to report to the North York Community Council meeting scheduled for November 9, 1999, on ways to prohibit signs and/or sales offices for proposed developments that require official plan amendments.

(September 28, 1999) from the Director, Community Planning, North District, the Director, Parks and Recreation, North District, and the Director, Transportation Services, District 3, providing preliminary comments on an application to amend the Official Plan and Zoning By-law to permit four apartment buildings and associated townhouses in a development containing a total of 1,213 units on lands in the Sheppard Square area south of Sheppard Avenue, east of Bayview Avenue; and submitting recommendations with respect thereto.

(p) New Practices for the Review of Development Applications.

The North York Community Council reports having referred the following recommendations to the Planning and Transportation Committee:

(1) the report (June 25, 1999) from the Commissioner, Urban Planning and Development Services, be adopted subject to the following amendments:

(a) amending Recommendation 2(i) by adding at the end thereof the words:

"but only after consultation with Councillor(s) in accordance with practices presently in use in the former City of North York;"

so as to read:

"2(i) delegation of authority to staff, as permitted by statute, to approve applications for site plan control approval, various classes of consents, draft condominium approval (except for conversion of rental housing) and authority to execute, amend and release site plan agreements on behalf of the City but only after consultation with Councillor(s) in accordance with practices presently in use in the former City of North York;";

(b) amending Recommendation 2(ii) by adding at the end thereof the words:

"and that the planner in charge of a project have available specific expertise that may be required, in particular urban planning design and landscape resources;"

so as to read:

"2(ii) a case management system which provides for a continuity of planning staff assignment from the beginning to the completion of any project and that the planner in charge of a project have available specific expertise that may be required, in particular urban planning design and landscape planning resources;"

(c) adding the additional recommendation:

"2(viii) prior to preliminary reports being written, Councillors be given the opportunity to hold a community meeting if they so require so that the planners have the benefit of community input at an early stage before preliminary evaluation;"

(d) amending Recommendation 3(ii) by deleting the words "intensity of" and replacing with the words "criteria to be applied to", so as to read:

"3(ii) to establish areas of site plan control on a consistent basis across the City, establishing appropriate thresholds defining the criteria to be applied to development or redevelopment which would require the submission of an application for site plan approval as detailed in this report;"

(e) amending Recommendation 3(vi) by adding the words "after consultation with local Councillor(s);" so as to read:

"3(vi) to delegate authority to execute, amend and release agreements, as required, to the Chief Planner or delegate(s) after consultation with local Councillor(s);"

(f) adding the following Recommendations:

"(11) that all studies related to a project over a certain threshold be commissioned by the City of Toronto at the expense of the applicant and that staff be requested to report further on a suitable threshold;

(12) that the Commissioner of Urban Planning and Development Services, be requested to report further on a policy that would require the removal of signage related to planning practices at the specific steps in the planning process;

(13) that pre-application meetings include Councillors, or their staff, if they so request;

(14) that Councillors be immediately notified upon receipt of an application;

(15) that informal consultation meetings be held with the community prior to a preliminary evaluation report;

(16) that notification of planning applications be sent to persons in the area including residential and business tenants and property owners;

(17) that all telecommunication applications be forwarded to the Telecommunications Steering Committee for direction;

(18) that industrial applications be exempt, unless requested by the Ward Councillor(s);

(19) that the following not be exempted:

townhouses;

additions to commercial parking lots;

school portables; and

telecommunication equipment;

(20) preliminary evaluation reports not include staff comments which may prejudice the final staff recommendation;

(21) Members of Council continue to chair planning community meetings, and planning staff chair these meetings only if requested by the Ward Councillor(s); and

(22) certificates of inspection be commissioned by Urban Planning and Development Services and paid for by the applicant.";

(g) That Appendix 3, entitled, "Site Plan Approvals" attached to the report (June 25, 1999) from the Commissioner of Urban Planning and Development Services, be amended as follows:

(i) the deletion of the words, "unless located on a designated "Main Street" and have a lot frontage no more than 12.5m" in Table 2 (page 17), entitled, "Proposed Exemption", relating to New Development: Institutional, Commercial, Office, Mixed Use, so that it now reads: "Proposed Exemption" - "All subject to Site Plan Approval"

(ii) the deletion of the words, "in the Port District" in Table 2 (page 18), entitled, "Proposed Exemption" relating to New Development: Industrial, so that it now reads: "Proposed Exemption" - "All Industrial exempt unless: adjacent to or opposite a residential use; adjacent to a school, park, arterial road or highway; adjacent to a ravine; or recycling".

(iii) the deletion of the words, "All exempt unless located adjacent to a substandard lane or in or within 10m of a ravine" in Table 2 (page 19) entitled, "Proposed Exemption" relating to New Development: Residential - singles, semis, duplexes, fourplexes, semi-detached, triplexes and fourplexes", so that it now reads "Proposed Exemption" - "single-family & semi-detached lots created by consent and lots which are in the Valley Impact Zone (V.I.Z.) and special policy area lots, all subject to Site Plan Approval."

(iv) the deletion of the words, "The lesser of 600m2 or 20% of existing g.f.a. are exempt" in Table 2 (page 19) , entitled, "Proposed Exemption" relating to Apartment Additions", so that it now reads "All subject to Site Plan Approval".

(v) the deletion of the words, "Exempt", in Table 2 (page 22), entitled, "Proposed Exemption" relating to "Replacement, Reconstruction and Compliance Development" so that it now reads, "Subject to Site Plan Approval if increasing the Gross Floor Area."

(h) that "preliminary evaluation reports" be called "preliminary assessment reports";

(i) adding the recommendations embodied in the communication (October 12, 1999) from Mr. George Belza, save and except those recommendations which overlap with Recommendations (1) (a); (1)(b);(1)(d); and (1)(e) referred to above;

(j) amending the bolded portion of Recommendation (9) embodied in the communication (October 12, 1999) from Mr. George Belza so that it now reads as follows:

"where an applicant appeals an Official Plan Amendment or rezoning application prior to the required statutory public meeting, staff shall process the application in a manner which provides Community Council with a sufficient range of options so as to minimize the risk of prejudicing Council's position before the Ontario Municipal Board."

(k) adding a further recommendation to read as follows:

"that an expanded notice radius for community and statutory public meetings and associated costs be determined in consultation with the Ward Councillors."

The North York Community Council also reports having had before it the following communications:

(i) (October 12, 1999) from Councillor Moscoe, North York Spadina, forwarding draft recommendations tabled at the Planning and Transportation Committee meeting held on October 4, 1999;

(ii) (October 12, 1999) from the Director, Community Planning, North District, providing presentation notes on the proposed new practices for the review of development applications.

A staff presentation was made by Mr. Rob Dolan, Director, Community Planning, North District.

The following persons appeared before the North York Community Council in connection with the foregoing matter:

- Mr. George S. Belza; who also filed a written submission;

- Ms. Marion Lick; President, Willowdale Central Ratepayers' Association;

- Ms. Sharolyn Vettese, Chair, Yonge Street Area Ratepayers Association; who also filed a written submission;

- Mr. David Sambrook, President, Southwest Ward 10 Ratepayers Association; who also filed a written submission; and

- Mr. Morry Smith, President, Lansing Community Association, who also filed a written submission.

(August 3, 1999) from the Committee Administrator, Planning and Transportation Committee, advising that the Planning and Transportation Committee at its meeting held on July 12, 1999, referred the report (June 25, 1999) from the Commissioner of Urban Planning and Development Services respecting New Practices for the Review of Development Applications to each Community Council for public consultation, review and report back to the Planning and Transportation Committee for its October 4, 1999 meeting; and

(August 25, 1999) from the Committee Administrator, Planning and Transportation Committee, forwarding a report (July 30, 1999) from Councillor Filion providing suggested amendments with regard to the New Practices for the Review of Development Applications.

(q) Organizational Structure for the New Committee of Adjustment.

The North York Community Council reports having referred the following recommendations to the Planning and Transportation Committee:

(1) that the report (August 26, 1999) from the Acting Commissioner of Urban Planning and Development Services be adopted, subject to the following amendments:

(a) Recommendation (2) (iii) be amended by deleting the words, "the Committee appoint a city-wide Chair to provide leadership for the Committee"and in inserting in lieu thereof, the following words, "that there be a total of four District Chairs and" so that the recommendation now reads:

"(2) (iii) That there be a total of four District Chairs and each panel appoint a District Chair to guide the process at the local level."

(b) Recommendation (2) (iv) be amended by deleting the words, "by three of the respective District members, the sitting members to be assigned on a rotational basis" so that the recommendation now reads:

"(2) (iv) each Hearing be conducted by the following District Panel Members:

North District: Five permanent District Panel Members, three of which shall constitute a quorum.

East District: Five permanent District Panel Members, three of which shall constitute a quorum.

West District: Five permanent District Panel Members, three of which shall constitute a quorum.

South District: Seven District Panel Members. the sitting members to be assigned on a rotational basis.

(c) Recommendation (5) be amended by deleting the words, "the City Planning Executive Director/Chief Planner or delegate(s) as its Secretary-Treasurer" and inserting in lieu thereof, the following words, "a total of four Secretary-Treasurers, being one for the South District, one for the North District; one for the East District and one for the West District" so that the recommendation now reads:

(5) the Committee of Adjustment, when constituted, be requested to appoint a total of four Secretary-Treasurers, being one for the South District, one for the North District; one for the East District and one for the West District."

(d) adding a further recommendation (6) to read as follows:

(6) City Council extend, for the remainder of this Council term or until successors are appointed, the terms of appointment of the present members of the Committee of Adjustment for the former City of North York;

(e) the second "Basic Qualification for Appointment to the Committee of Adjustment" contained in Appendix 3 of the report (August 26, 1999) from the Acting Commissioner of Urban Planning and Development Services be amended by deleting the words "and/or municipal property taxpayer in", so as to read:

"Any person applying for appointment shall be, and must maintain status throughout their term of office as:

- a resident of the City of Toronto

- a Canadian citizen or landed immigrant

- at least 18 years of age";

The North York also reports having had before it a communication (October 7, 1999) from Mr. Paul Graham, Chair, Committee of Adjustment, North District, commenting on the proposed organizational structure for the new Committee of Adjustment.

A staff presentation was made by Mr. Tony Evangelista, Manager, Committee of Adjustment, North District.

The following persons appeared before the North York Community Council in connection with the foregoing matter:

- Ms. Evelyn Dewar, President, Bay-Cal Residents Association;

- Mr. Morry Smith, President, Lansing Community Association;

- Ms. Marion Lick, President, Willowdale Central Ratepayers' Association;

- Mr. George Belza.

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Recorded Votes:

A recorded vote on two motions moved by Councillor Moscoe, North York Spadina, that the process be structured to allow for evening meetings where requested; and a "bump-up" provision for evening meetings be made at the request of a City Councillor, was as follows:

FOR: Councillors Moscoe, Filion, Minnan-Wong

AGAINST: Councillors Li Preti, Feldman, Berger, Flint, Gardner, Chong, Shiner

ABSENT: Councillors Mammoliti, Sgro, Augimeri, King

Lost

A recorded vote on Recommendation (1) (e) moved by Councillor Moscoe, North York Spadina, was as follows:

FOR: Councillors Li Preti, Moscoe, Berger, Flint, Gardner, Chong, Filion, Minnan-Wong, Shiner

AGAINST: Councillor Feldman

ABSENT: Councillors Mammoliti, Sgro, Augimeri, King

Carried

A recorded vote on a motion by Councillor Li Preti, Black Creek, that once a month staff schedule afternoon and evening meetings at the request of a Ward Councillor(s), to allow deputations, was as follows:

FOR: Councillors Li Preti, Moscoe, Filion, Minnan-Wong

AGAINST: Councillors Feldman, Berger, Flint, Gardner, Chong, Shiner

ABSENT: Councillors Mammoliti, Sgro, Augimeri, King

Lost

A recorded vote on Recommendations (1)(a), (1)(b) and (1)(c)moved by Councillor Shiner, Seneca Heights, was as follows:

FOR: Councillors Li Preti, Moscoe, Feldman, Berger, Flint, Gardner, Chong, Filion, Minnan-Wong, Shiner

AGAINST: NIL

ABSENT: Councillors Mammoliti, Sgro, Augimeri, King

Carried

(September 24, 1999) from the Acting Commissioner of Urban Planning and Development Services, responding to the request by the Planning and Transportation Committee that a further information report be provided to Committee and Community Councils, and recommending that the August 26, 1999 report be adopted; and

(September 14, 1999) from the City Clerk (Planning and Transportation Committee), referring Recommendations Nos. (2) to (6), in the report (August 26, 1999) from the Acting Commissioner of Urban Planning and Development Services, and motions by Councillors McConnell and Berger related thereto, respecting the Organizational Structure for the new Committee of Adjustment, to the Community Council for review and comment thereon to the Planning and Transportation Committee meeting scheduled to be held on November 1, 1999.

(r) Draft Plan of Subdivision UDSB-1241 - Heritage Willow Estates Limited - 94, 96, 98, 100, 138, 140, 142 and 144 Cummer Avenue - North York Centre.

The North York Community Council reports having deferred consideration of the following report to its next meeting scheduled for November 9, 1999, in order to allow the Ward Councillors an opportunity to meet with the applicant and area residents in order to discuss the application further.

The North York Community Council also reports having requested the City Clerk to notify all deputants that this matter will be considered by the North York Community Council at its next meeting scheduled for November 9, 1999, as a continuation of the statutory public and that no further notice would be provided.

The North York Community Council also reports having had before it the following communications:

(i) (October 7, 1999) from Mr. George De Luca, advising of his objection to the development;

(ii) (October 6, 1999 and October 7, 1999) from Mr. Henry Wojciechowicz, advising of his objection to the development; and

(iii) (August 8, 1999) from Mr. T. Sawyer, expressing his concerns with the application.

The following persons appeared before the North York Community Council in connection with the foregoing matter:

- Mr. Rocco Cristini, who spoke in opposition to the proposed development. His primary objections were with respect to loss of property values; the negative impact on the environment as a result of the removal of mature trees on the site and the increased traffic in the area generated by the proposed development.

- Mr. Adam Brown, Solicitor for the applicant, who commented on the merits of the application. During his submission he indicated that the proposed lots comply with the R4 residential zoning and are compatible with lot sizes in the area. He further indicated that the applicant had no objections to the conditions outlined in the staff report.

- Mr. George Heels, who spoke in opposition to the application. His primary objections were with respect to the proposed density and potential basement flooding problems being created for property owners on Cummer Avenue .

- Mr. Shue Mark, who spoke in opposition to the proposed development. His primary objections were with respect to the intensification of the subject site and the size of the proposed lots. In his opinion, the proposed lots should be increased in size in order to be more compatible with the lot sizes in the area.

- Mr. T. Sawyer, who spoke in opposition to the application. His primary objections were with respect to the size and configuration of the proposed lots and the fact that the City was accepting the 5 percent cash-in-lieu contribution for parkland rather than requiring the applicant to provide parkland. He also expressed concern with the sideyard setbacks being proposed. In addition, that the notification given with respect to the public meeting was insufficient.

- Mr. George De Luca, who spoke in opposition to the application. He expressed his concerns with regard to the increased traffic problems the proposed development will generate at the intersection of Cummer Avenue and Willowdale Avenue. He also expressed his concerns with the removal of mature trees from the proposed site.

- Mr. William West, who commented on the application. He expressed his support for the proposed development provided that the applicant provides proper screening in the form of trees, shrubs, etc., for the property owned by Mr. Rocco Cristini. He also requested that the City address the traffic concerns expressed by residents regarding the intersection of Cummer Avenue and Willowdale Avenue.

- Mr. Isidore Kastelic, who spoke in favour of the proposed development.

Recorded Votes:

A recorded vote on the recommendation moved by Councillor Filion, North York Centre, that consideration of this matter for deferred until the next meeting of the North York Community Council scheduled for November 9, 1999, was as follows:

FOR: Councillors Flint, Gardner, Filion

AGAINST: Councillors Li Preti, Chong, Minnan-Wong, Shiner

ABSENT: Councillors Mammoliti, Sgro, Moscoe, Augimeri, Berger, Feldman, King

Lost

A recorded vote on an amendment to Councillor Chong's motion, moved by Councillor Gardner, North York Centre, that, prior to this application being considered by City Council, a meeting be held between staff, the applicant, the residents and the Ward Councillors, to resolve the concerns expressed at the public meeting, was as follows:

FOR: Councillors Li Preti, Flint, Gardner, Chong, Minnan-Wong, Shiner

AGAINST: Councillor Filion

ABSENT: Councillors Mammoliti, Sgro, Moscoe, Augimeri, Berger, Feldman, King

Carried

A recorded vote on a motion moved by Councillor Chong, Don Parkway, that the recommendations contained in the report (September 28, 1999) from the Director, Community Planning, North District, be adopted, was as follows:

FOR: Councillors Li Preti, Chong, Minnan-Wong, Shiner

AGAINST: Councillors Flint, Gardner, Filion

ABSENT: Councillors Mammoliti, Sgro, Moscoe, Augimeri, Berger, Feldman, King

Carried

A recorded vote on the main motion moved by Councillor Chong, as amended, was as follows:

FOR: Councillors Li Preti, Chong, Minnan-Wong, Shiner

AGAINST: Councillors Flint, Gardner, Filion

ABSENT: Councillors Mammoliti, Sgro, Moscoe, Augimeri, Berger, Feldman, King

Carried

This item was later re-opened on a motion moved by Councillor Minnan-Wong and a recorded vote on the recommendation in the clause, also moved by Councillor Minnan-Wong, was as follows:

FOR: Councillors Li Preti, Flint, Gardner, Chong, Filion, Minnan-Wong, Shiner

AGAINST: Nil

ABSENT: Councillors Mammoliti, Sgro, Moscoe, Augimeri, Berger, Feldman, King

Carried

(s) Traffic Calming Measures - Torresdale Avenue, North of Finch Avenue West - North York Spadina.

The North York Community Council reports having endorsed the following Resolution by Councillor Moscoe, North York Spadina:

WHEREAS the residents of the G. Ross Lord Ratepayers Association and the Board of the Savoy Condominium Association have been discussing traffic calming measures on Torresdale Avenue north of Finch; and

WHEREAS after several months of negotiations all have agreed on a compromise proposal; and

WHEREAS the traffic department has been involved in effecting this compromise;

THEREFORE BE IT RESOLVED that the Transportation Services Division be authorized to undertake a test of traffic calming measures on Torresdale Avenue, north of Finch Avenue West which was agreed upon by the G. Ross Lord Ratepayers Association and the Board of the Savoy Condominium Association.

(t) Harmonization of Sign By-law.

The North York Community Council reports having deferred consideration of the following communication to its next meeting scheduled for November 9, 1999:

The North York Community Council also reports, for the information of Council, having requested the Planning and Transportation Committee to defer consideration of this matter which is expected to be considered by the Planning and Transportation Committee at its meeting scheduled for November 1, 1999, in order to allow the North York Community Council an opportunity to forward its comments and/or recommendations regarding this issue.

(October 12, 1999) from the City Clerk addressed to all Community Councils, advising that City Council, at its meeting held on September 28 and 29, 1999, struck out and referred to Community Councils for further consideration and report thereon to the Planning and Transportation Committee for its meeting to be held on November 1, 1999, Clause No. 24 contained in Report No. 8 of The North York Community Council, headed 'Other Items Considered by the Community Council'.



Respectfully submitted,

MICHAEL FELDMAN

Chair

Toronto, October 12, 1999.

(Report No. 9 of The North York Community Council, including additions thereto, was adopted, as amended, by City Council on October 26 and 27, 1999.)