November 29, 1999

To: Toronto Community Council

From: H.W.O. Doyle

Subject: Draft By-laws - Official Plan and Zoning By-law Amendments for

Ward 23 (Midtown)

Purpose:

This report provides the necessary draft by-law amendments to amend Part I and Part II of the Official Plan for Yonge-St. Clair and the General Zoning By-law of the former City of Toronto.

Financial Implications and Impact Statement:

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

Recommendations:

It is recommended that:

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

Following the public meeting and in the event the Toronto Community Council wishes to approve Draft By-law (1), being the draft Official Plan amendment, and Draft By-law (2), being the draft Zoning By-law amendment, it could recommend:

(2) that Draft By-laws (1) and (2) attached to the report (November 29, 1999) of the City Solicitor be approved and that authority be granted to introduce the necessary Bills in Council to give effect thereto, substantially in the form of the by-laws attached to the report; and

(3) that the Recommendations contained in the Report (November 15, 1999) of the Acting Commissioner of Urban Planning and Development Services be adopted.

Background:

The Toronto Community Council at its meeting of December 2, 1999, will have before it a Final Report of the Acting Commissioner of Planning & Development Services (November 15, 1999) recommending Official Plan and Zoning By-law amendments for Yonge-St. Clair. Draft By-laws (1) and (2) have been provided to implement such recommendations.

Comments:

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

Conclusions:

N/A

Contact:

Will Hawryliw

Telephone: (416)392-7237

Fax: (416)397-4420

E-Mail: whawryli@toronto.ca

H.W.O. Doyle

City Solicitor

List of Attachments:

Draft Official Plan Amendment and Zoning By-law

C:\in\it040

Attachment No. 1

DRAFT BY-LAW (1)

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

as adopted by City of Toronto Council on

Enacted by Council:

CITY OF TORONTO

BY-LAW No. -1999

To adopt an amendment to Maps 1 and 1B and to Sections 18 and 19.7 of the

Official Plan for the former City of Toronto respecting Yonge-St. Clair.

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

1. Map 1, Generalized Land Use, is amended by substituting the designations for the areas shown on Map 1 attached hereto for those shown on the original Map 1.

(add Maps in accordance with Appendix B of planning report

dated November 15, 1999)

2. Map 1B, Mixed Commercial-Residential Density, is amended by adding the Density Maximums and Mixing Formulaes, for Areas 21 and 31, shown on Map 1B attached hereto.

(add Maps in accordance with Appendices C and D of planning report

dated November 15, 1999)

3. Section 18 is amended by adding Sections 18.502 and 18.503 as follows:

"18.502 Lands known as 26 to 40A Glen Elm Avenue

Notwithstanding Section 12.5(b) of this Plan, Council may pass by-laws to permit residential buildings having a gross floor area up to 1.35 times the area of the lot for lands in the year 1976 known municipally as Nos. 26 to 40A Glen Elm Avenue, inclusive, provided that Council is satisfied that any such building is in general conformity with the prevailing scale of buildings on the street and services to reinforce the continuity of the streetscape.

18.503 Lands known as 26 to 40 Birch Avenue and 8 Alcorn Avenue

Notwithstanding Section 12.5(c) of this Plan, Council may pass by-laws to permit residential buildings up to a gross floor area of 1.5 times the area of the lot on lands known municipally in the year 1988 as Nos. 26 and 40 Birch Avenue and 8 Alcorn Avenue provided that in the opinion of Council surrounding areas will not be adversely affected by the development permitted by such by-laws, having regard for the development standards that will apply and the increase in population that will result, and provided the land to which such by-law is to apply is, in accordance with good planning practice, suitable for residential use and the required development standard provide satisfactory living conditions."

(Maps to be attached)

4. The text and maps annexed hereto as Schedule "A" are hereby adopted as an amendment to Section 19.7 of the Official Plan for Yonge-St. Clair.

5. This is Official Plan Amendment No.156.

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

Mayor City Clerk

SCHEDULE "A"

1. Section 19.7 of the Official Plan respecting Yonge-St. Clair, is deleted and the following substituted:

"19.7 Yonge-St. Clair

1. INTERPRETATION

1.1 For the purpose of amending the Official Plan for the former City of Toronto Planning Area, the Yonge-St. Clair Planning District (hereafter called the District) is defined as the area set out on Maps A, B and C which form part of this Amendment.

1.2 This Amendment is deemed to be Part II of the Official Plan for the District.

1.3 The text and maps of Part I of the Official Plan (hereafter called the Official Plan) continue to apply to the District except in cases where the text and maps of this Amendment are in conflict therewith, in which case the text and maps of this Amendment shall prevail.

2. GENERAL

2.1 Description of the District

Council recognizes that the urban structure elements of the District consist of:

(a) a grid of public streets and lanes shown on Map A, some of which have landscaped edges between buildings and the street;

(b) a node of High Density Mixed Commercial-Residential Area development at the intersection of Yonge Street and St. Clair Avenue;

(c) High Density Residential Areas and Medium Density Mixed Commercial-Residential Areas extending from the node west along St. Clair to Avenue Road and east along St. Clair to David Balfour Park;

(d) High Density Residential Area development fronting on much of Avenue Road;

(e) lower density "Main Street type" development extending from the node north and south along Yonge Street;

(f) open areas shown on Map A which incorporate public parks and Open Spaces, cemeteries and school yards, including De La Salle College;

(g) high quality, Low Density Residential Areas in the balance of the District; and

(h) significant topographical features including ravines and the escarpment (the Lake Iroquois shoreline shown on Map A), which provide views to the City Centre.

2.2 Purpose of the Yonge-St. Clair Part II Plan

The purpose of the Yonge-St. Clair Part II Plan is to enhance the effectiveness of the Official Plan by providing additional policy direction for land use and development in the District. In particular, it is Council's policy to:

(a) protect, promote and enhance the existing type and quality of Residence Areas and maintain their stability;

(b) require that redevelopment in the Mixed Commercial-Residential Areas on Yonge Street and St. Clair Avenue is compatible with the maintenance of adjacent Residential Areas and improves Yonge Street and St. Clair Avenue as public spaces;

(c) retain, protect and enhance the special physical character and public spaces of the District; and

(d) ensure that new development meets high urban design standards which contribute to achieving public areas which are attractive, inviting, comfortable and safe.

3. URBAN DESIGN PRINCIPLES

3.1 Urban Structure

3.1.1 It is Council's policy that development and civic improvements shall be responsive to the urban structure elements of the District as described in Section 2.1.

3.1.2 It is Council's policy that the unique physical characteristics and civic roles of Special Streets, as defined below, shall be protected and enhanced through regulation, design guidelines and streetscape improvements, particularly when development and civic improvements are proposed. The following are Special Streets and are shown on Map A:

(a) Yonge Street - Toronto's first street and most important north-south route;

(b) Avenue Road - a broad arterial road with axial views to the Provincial Legislature and the Upper Canada College Clock Tower, large building setbacks and landscaped settings for buildings, especially north of St. Clair Avenue;

(c) Mount Pleasant Road - a major north-south road, with a distinct landscaped edge, which links Toronto's inner suburbs with Downtown;

(d) St. Clair Avenue - from Mount Pleasant Road to Avenue Road - a broad avenue with a distinct building and landscape character which connects the District to the western parts of the City.

3.1.3 It is Council's policy that the area around the Yonge-St. Clair intersection is a prominent site of significant civic importance and subject to Section 3.5 of the Official Plan. Council seeks to enhance this prominent site for pedestrians through the use of Zoning By-law requirements and design guidelines.

3.1.4 It is Council's policy that the gateways and views shown on Map A are subject to Sections 3.5, 3.6 and 3.7 of the Official Plan. These views are additional to the Rosedale reservoir view shown on Map 4 of the Official Plan. Council encourages landscapes and a built form which preserve and enhance these gateways and views. This policy is not to be interpreted as Council support for increases in permitted height limits.

3.1.5 Council encourages the improvement of the existing lane system in the District and seeks the introduction of new lanes, where appropriate, to serve new development.

3.2 Built Form and Public Amenity

Council encourages new development to be designed in accordance with Sections 3.11 to 3.23 and 3.26 to 3.28 inclusive of the Official Plan and the following principles:

(a) the lower levels of buildings associated with the pedestrian realm be designed to:

(i) promote the public nature of the adjacent streets, parks and pedestrian routes;

(ii) provide direct access from adjacent public sidewalks to any public uses;

(iii) provide, wherever possible, vehicular access for servicing and parking from lanes, rather than streets; where lanes do not exist, vehicular access should be from local streets;

(iv) provide an organized and safe relationship to abutting street frontages, including the control and management of pedestrian and traffic flows;

(v) provide, to a high design standard, on-site loading facilities and, wherever possible, on-site vehicle movements with vehicles entering and exiting the site in a forward motion;

(vi) minimize pedestrian/vehicle conflicts in the design and location of parking and servicing access for vehicles; and

(vii) provide pedestrian protection through arcades, canopies and awnings adjacent to ground floor uses and building entrances;

(b) buildings achieve a harmonious relationship to their built form context through building height, massing, setback, stepbacks, roof line and profile, architectural expression and vehicle access and loading. This applies to all Areas in the District, and in particular, to new development within or adjacent to Low Density Residence Areas.

(c) development provides high quality, coordinated streetscape and open space improvements to promote pedestrian amenity, orientation, access, greening and confidence in personal safety;

(d) development provides high quality landscaped spaces for the use of visitors, residents and workers of the District; and

(e) development integrates public art.

4. RESIDENTIAL AREAS

4.1 In general, Low Density Residence Areas are intended to be stable areas. When redevelopment is proposed in such Areas, It is Council's policy that, in addition to Section 12.5 of the Official Plan, the residential built form of redevelopment projects shall:

(a) maintain the essential elements of neighbourhood structure and character,

(b) be compatible with adjacent residential developments, and

(c) recognize the relevant urban structure elements specified in Section 2.1, such as views afforded from the escarpment.

4.2 In addition to Section 12.6 of the Official Plan, it is Council's policy that new development in High Density Residence Areas shall endeavour to provide below grade setbacks from the front lot line to facilitate the planting of large shade trees in such setback areas. Council shall exercise its powers of review to ensure that such trees are planted at regular intervals.

5. MIXED COMMERCIAL-RESIDENTIAL AREAS

5.1 It is Council's policy that all development in Mixed Commercial-Residential Areas in the District shall conform with streetscape/design guidelines endorsed by Council and meet the following objectives, particularly when Council is considering increasing permitted heights and/or densities:

(a) provide animated, landscaped and comfortable publicly accessible spaces on properties fronting on Yonge Street and St. Clair Avenue;

(b) create a visual impression of Yonge Street and St. Clair Avenue which is comfortable and spacious, not crowded and cramped, through the location and massing of buildings;

(c) integrate development well, especially in its physical relationship and impact, with adjacent residential neighbourhoods by ensuring appropriate transitions in building height and separation distances; and

(d) encourage and support healthy retail businesses, especially on Yonge Street.

5.2 It is Council's policy that development on all properties fronting or flanking onto Yonge Street shall be set back approximately 3 metres from the Yonge Street property line:

(a) on the east side of Yonge Street between Heath Street East and the south limit of the District, and

(b) on the west side of Yonge Street at the intersection of St. Clair Avenue

in order to accommodate wide sidewalks, landscaped and pedestrian space in front of buildings and to increase the spacious feeling of Yonge Street.

5.3 It is Council's policy that Yonge Street, between Heath Street and the south limit of the District, is a street subject to sunlight standards. In accordance with Section 3.27 of the Official Plan, the following are the minimum number of hours of sunlight (around solar noon) on one sidewalk during the period of March 21 to September 21 for this section of Yonge Street:

(a) within the areas zoned according to the High Density Mixed Commercial-Residential Area designation, 3 hours, and

(b) within the areas zoned according to the Low and Medium Density Mixed Commercial-Residential Areas designation, 5 hours.

Council may pass by-laws to regulate the height, siting and massing of new development to, among other objectives, ensure the achievement of these sunlight standards.

5.4 It is Council's policy that, on the flanking streets of properties with frontage on Yonge Street within the Low and Medium Density Mixed Commercial-Residential Areas, new development shall be stepped back from the flanking street so as to minimize visual impacts of the new development when viewed from adjacent Low Density Residence Areas. Council may pass by-laws to regulate the height, siting and massing of new development to, among other objectives, achieve this policy.

5.5 It is Council's policy for commercial development in Mixed Commercial-Residential Areas:

(a) to encourage the location of commercial buildings in close proximity to the intersection of Yonge Street and St. Clair Avenue and conveniently accessible to the St. Clair subway station; and

(b) to consider passing by-laws to exclude from the calculation of commercial or non-residential gross floor area:

(i) in areas above the Toronto Transit Commission's subway line, parking space located above grade in buildings and used in connection with those buildings in order to assist in the development of such areas; and

(ii) that portion of a building used for interior pedestrian walkways that provide connections between streets, parks, subway stations, public buildings and/or common outdoor space.

5.6 It is Council's policy for the High Density Mixed Commercial-Residential Area:

(a) that this area is the major office employment area of the District and may include residential and institutional uses;

(b) that, in passing by-laws for such areas, Council will consider the policies of this Plan and will encourage the following:

(i) the provision of below grade access to the subway station;

(ii) the provision of access to below grade pedestrian crossings, either existing or proposed;

(iii) the provision of exterior design features and at grade landscaping, such as benches, planters and bicycle racks which enhance the streetscape and do not impede pedestrian movement;

(iv) the provision on the Yonge Street and St. Clair Avenue frontages of at grade, or substantially at grade, retail, service and eating establishment uses which are visible to pedestrians, except on the St. Clair Avenue West frontage, approximately 80 metres west of Yonge Street on the south side and 100 metres west of Yonge Street on the north side, where retail uses are generally prohibited; and

(v) the objectives of Sections 5.1 and 5.3.

5.7 It is Council's policy for Low and Medium Density Mixed Commercial-Residential Areas:

(a) to recognize that, subject to Section 5.8, there may be a potential to develop or redevelop properties in excess of existing permitted height and/or density limits in the Zoning By-law in the following areas:

(i) east side of Yonge Street - between Summerhill Avenue and Heath Street East;

(ii) west side of Yonge Street - between Woodlawn Avenue West and Heath Street West;

(iii) south side of St. Clair Avenue West - between Avenue Road and Yonge Street; and

(iv) north side of St. Clair Avenue East and West between Deer Park Crescent and the north-east corner of Ferndale Avenue; and

(b) that, in passing Zoning By-law amendments in the areas specified in Section 5.7 (a), new development shall generally conform to the policies of this Plan and to the following criteria, where applicable:

(i) the provision, on side streets, of grade-related residential units and entrances;

(ii) minimize curb cuts by locating vehicular access for parking and loading either from laneways or within the building mass at one end of the site;

(iii) all street level pedestrian areas encourage an active, comfortable and safe public environment;

(iv) for properties fronting or flanking onto Yonge Street:

(a) on lots with long frontages on Yonge Street, avoid a continuous building wall above the building base by using step backs, recesses and lower scale elements where appropriate;

(b) on flanking streets, generally buildings should be set back:

(i) 3 metres from the property line approximately 30 metres from the Yonge Street property line; and

(ii) 6 metres from the property line for those parts of the building more than 30 metres from the Yonge Street property line;

(c) provide massing transition on buildings adjacent to house-form buildings, stepping the mass from the height limit to the adjacent building;

(d) the objectives of Sections 5.3 and 5.4;

(e) on properties with long frontages on Yonge Street between Balmoral Avenue/Rosehill Avenue and the C.P.R. tracks, the building mass should be designed to reflect the change in topography;

(f) the architectural quality and detail of exposed rear facades and walls should have the same quality as facades and walls facing Yonge Street; and

(g) entrances on Yonge Street must occur at the level of the public sidewalk to promote easy pedestrian access.

5.8 It is Council's policy for the following areas fronting on Yonge Street:

(a) west side, south of Woodlawn Avenue West - that there are no opportunities to increase heights from current limits;

(b) east side, south of Rosehill to Summerhill - that:

(i) Council may pass Zoning By-law amendments to permit building heights up to 21 metres provided that the building complies with the policies for Low and Medium Density Mixed Commercial-Residential Areas in the District;

(ii) taller building elements should be set back even further that specified in Section 5.7 (b) (iv) (a) on lots which are not adjacent to low rise house form buildings;

(c) east and west sides, south of St. Clair to Pleasant Boulevard and Balmoral Avenue - that Council may pass Zoning By-law amendments to permit building heights up to 30 metres provided that the building complies with the policies for the appropriate Mixed Commercial-Residential Area in the District and the design principles of this Plan.

These policies in no way reduce the applicability of Section 37 of the Planning Act.

6 NATURAL AREAS

6.1 In that portion of the Natural Area in the District designated on Map 1 of the Official Plan which is the escarpment (Lake Iroquois Shoreline) and which is not publicly owned open space, the following are permitted subject to Sections 2.29, 2.30 and 2.32 of the Official Plan and policies of this Plan:

(a) on properties fronting or flanking on Yonge Street, any development permitted in a Low Density Mixed Commercial-Residential Area, and

(b) on all other properties, any development permitted in a Low Density Residence Area.

For properties or portions of properties designated Natural Area on the north side of Woodlawn Avenue, it is Council's policy that there is no opportunity to increase the height or density of development above that currently permitted in the Zoning By-law.

7 SPECIAL POLICY AREAS

7.1 To protect adjacent Low Density Residence Areas, Areas A and B, as shown on Map B of this Plan, shall be regarded as areas of transition between Low Density Residence Areas and High Density Mixed Commercial Residential Areas in terms of land use, building scale and the movement of pedestrians and vehicles.

7.2 Council recognizes that Areas A and B are areas of potential redevelopment. It is Council's policy for Areas A and B:

(a) that any development or redevelopment must complement the existing built form context of the neighbourhood and that new buildings be physically compatible with surrounding areas;

(b) that municipally operated short term public parking and parking for residents of any residential buildings be provided;

(c) to seek the provision of alternative short-term parking during any construction when public parking is unavailable. Such means include:

(i) the provision of temporary parking lots for short-term purposes to be operated by a municipal parking authority or by private interests; and

(ii) the passing of by-laws to permit temporary short-term commercial parking.

7.3 In addition to the policies contained in Section 3 of the Official Plan and Sections 4 and 5 of this Plan as they apply to Areas A and B, the Urban Design Principles contained in Table 1, which forms part of this Plan for the District, apply to Areas A and B when denoted by an "X", including any qualifications contained therein.

7.4 In recognition of existing uses, Area C shown on Map B of this Plan shall be regarded as a transition area where office uses will be encouraged and where residential uses and, to a limited extent, the exhibition and selling of arts and crafts and limited service retail uses will be permitted provided that such uses do not, by reason of odour, noise, or other nuisance factors, adversely affect neighbouring uses.

7.5 In recognition of existing uses, Area D shown on Map B of this Plan is an area where the basement and first floor of existing house-form buildings may be converted to office uses provided that:

(a) the residential appearance of the building and the area is maintained;

(b) there is one dwelling unit in each house form building;

(c) parking is limited to not more than two parking spaces on each lot and, for the properties from 29 to 45 Alvin Avenue, is limited to appropriately landscaped front yards; and

(d) adequate landscaped open space is provided on the properties to buffer residential uses to the east and north of Area D.

7.6 In recognition of existing uses and the proximity to David Balfour Park, Area E shown on Map B, which consists of properties known municipally in 1999 as 35 and 49 Jackes Avenue, any redevelopment must:

(a) be no more than four stories in height;

(b) preserve the historically and architecturally significant Laidlaw House, including views of the House from Jackes Avenue; and

(c) be designed so as to:

(i) not detract from sunlight availability on the park in accordance with the Official Plan and Urban Design Guidelines endorsed by Council;

(ii) respect and, to the extent possible, preserve sky views and an appropriate separation from residences in the building known municipally in 1999 as 33 Jackes Avenue; and

(iii) be compatible with the walkway immediately east of 49 Jackes Avenue.

8. TRANSPORTATION, PARKING AND PEDESTRIAN CIRCULATION

8.1 Council shall implement permanent through traffic control measures intended to reduce the amount and speed of vehicular through traffic on local streets in residential areas shown as "Through Traffic Control Area" on Map C of this Plan. Such measures may include, but are not restricted to, the installation of speed bumps, reduction in speed limits, turning prohibitions and street closings to all but emergency vehicles.

8.2 It is Council's policy not to support the widening of those arterial roads shown on Map C. Council may, however, consider throat widening of arterial roads at specific intersections to provide improvements deemed appropriate by Council, provided such improvements are related to the implementation of through traffic control measures in accordance with Section 8.1 of this Plan.

8.3 Council will cooperate in the development of measures to improve the efficiency of public transit service through and within the District.

8.4 It is Council's objective to reduce the amount of vehicular traffic and to encourage the use of public transit in areas convenient to public rapid transit. In keeping with this objective, it is Council's policy to introduce amendments to the Zoning By-law, where appropriate, to reduce parking requirements for commercial and residential uses in such areas.

8.5 In terms of parking in the District, Council:

(a) has as an objective, that an adequate amount of short-term parking be made available for shoppers and visitors to the Mixed Commercial-Residential Areas. Accordingly, Council shall:

(i) maintain, except during temporary periods when construction affecting parking lots is in progress, at least the number of municipally operated public parking spaces existing in the District at the time of the passage of this Plan. Council may permit a reduction in the number of municipally operated public parking spaces only after the Parking Authority has conducted a study justifying a reduction in the number of municipally operated parking spaces and a public meeting advising interested citizens of this reduction has been held;

(ii) undertake measures to limit all-day employee parking in the Areas and adjacent areas, particularly on municipally owned parking lots. Accordingly, Council shall recommend to the Parking Authority appropriate measures which may include changes in pricing and operating policies on municipally owned parking lots. Council may also impose increased on-street parking restrictions; and

(iii) encourage owners of private parking lots and employers in the District to implement measures which will reduce, to the extent possible, long-term parking for employees and thereby increase short-term parking for visitors.

(b) may pass site specific by-laws to permit short-term commercial parking in parking facilities which are located in the High Density Residence Area on the south side of DeLisle Avenue and which are also associated with the commercial buildings fronting onto the north side of St. Clair Avenue West provided that:

(i) such parking facilities existed legally prior to May 31, 1978; and

(ii) regard is had for conditions of residential amenity with respect to signage and points of entry and exit; and

(iii) regard is had to the effect that the enactment of previous by-laws have had on the neighbourhood; and

(iv) in the event of the demolition of any such commercial building (other than by fire, explosion, tempest or other Act of God), the permission granted by any such by-law shall terminate.

(c) when it has determined that there is an inadequate number of parking spaces available for shoppers and visitors in High and Medium Density Mixed Commercial-Residential Areas, Council will seek to increase the number of municipally owned public parking spaces. The construction of any additional municipally owned public parking garage in the District will not result in a facility which contains more than a total of 400 public parking spaces unless a study, satisfactory to the Commissioner of Urban Planning and Development Services, justifies additional parking spaces.

8.6 It is Council's policy to undertake measures, including, but not restricted to, the prohibition of parking and the limitation in duration of parking periods in order to discourage on-street parking in Residence Areas which is associated with non-residential uses and all day parking in Mixed Commercial-Residential Areas.

8.7 It is Council's policy to develop a bicycle path system linking the District with portions of the City to the south by utilizing the ravine system, existing road allowances and other lands as may be deemed appropriate by Council.

7.8 Council will provide and seek the provision of pedestrian pathways in those locations shown generally on Map A as Mid-Block Connections and Future Park Connection.

Table 1 Urban Design Principles for Special Policy Areas A and B

Table 1 Urban Design Principles for Special Policy Areas A and B (ctd)

Attachment No. 2

DRAFT BY-LAW (2)

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

as adopted by City of Toronto Council on

Enacted by Council:

CITY OF TORONTO

BY-LAW No. -1999

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

respecting certain lands in the Yonge-St. Clair Area

WHEREAS the Council of the City of Toronto has adopted a new Part II Plan for the Yonge-St. Clair Planning District:

AND WHEREAS implementation of the said Part II Plan for the Yonge-St. Clair Planning District requires amendment of By-law No. 438-86, being "A By-law To Regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended, for certain lands in the Yonge-St. Clair Area;

THEREFORE the Council of the City of Toronto enacts as follows:

1. Section 12(1) of By-law No. 438-86, being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended, is further amended as follows:

(1) by deleting from exception 127, the phrase "of a physician, a dentist, a lawyer, a chartered accountant, an architect, an engineer and an Ontario land surveyor"; and

(2) by deleting from exception 260, the phrase "of a physician, a dentist, a lawyer, a chartered accountant, an architect, an engineer, an Ontario Land Surveyor and an optician solely engaged in the practice of filling contact lenses,".

2. Section 12(2) of the aforesaid By-law No. 438-86, as amended, is further amended as follows:

(1) by amending exception 260 by:

(i) amending the chart by:

A. inserting as a separate listing, the number "10" at the end of column A and by setting out opposite this number, the number "13" under column B and the number "44" under Column C; and

B. inserting as a separate listing, the number "11" at the end of column A and by setting out opposite this number, the number "30" under column B and the number "60" under column C;

(iii) by renumbering maps "Map 1 of 4", Map 2 of 4", "Map 3 of 4" and "Map 4 of 4" as "Map 1", "Map 2", "Map 3" and "Map 4", respectively; and

(iv) by adding Map 5 attached to and forming part of this by-law; and

(add Map 5 from planning report dated November 15, 1999)

(5) adding the following exception:

"324. No person shall erect or use a building or structure on a lot having frontage on the east side of Yonge Street from the south side of Heath Street East to a point approximately 31.3 metres north of Shaftesbury Avenue having any part of the building or structure closer to the front lot line than 3 metres except where:

(i) the building structure was erected prior to the adoption of City of Toronto By-law 17280;

(ii) the building or structure was granted an exemption from City of Toronto By-law 17280 or Metropolitan Toronto By-laws 155-70 or 245-77;

(iii) lands have previously been dedicated to the City of Toronto under the said By-laws 17280, 155-70 or 245-77, in which case the lands so dedicated shall be used in calculating a reduction to the 3 metre setback; or

(iv) the building existing in the year 1999, on lands municipally known in 1999 as 1331 Yonge Street, is renovated or added to, provided that any addition does not exceed the highest point of the existing building and any addition to the front of the building is located no closer to Yonge Street than the closest existing portion of such building to Yonge Street."

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

Mayor City Clerk