TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on July 8, 9 and 10, 1998

NORTH YORK COMMUNITY COUNCIL

REPORT No. 7

1Dedication By-law -Part of Dalkeith Drive (South of Donwoods Drive) -North York Centre South

2Appeal of Muzzle Order - Mr. John Obeyesekere - 175 Cottonwood Drive - Don Parkway

3Road Closure and Sale - Dalkeith Drive(South of Donwoods Drive) - North York Centre South

4Official Plan and Zoning Amendment Application UDOZ-94-34 -T.W.S. Developments Limited - 797 Don Mills Road - Don Parkway

5Zoning Amendment Application UDZ-97-32 -L & A International Management Inc. - William Carson Crescent - North York Centre South

6Temporary Public Parking Lot -Temporary Use Extension Application UD52-97-01 -4155 Yonge Street - North York Centre South

7Zoning Amendment Application UDZ-97-37 -Lopes Bros. Contracting - 1721 Jane Street - North York Humber

8Community Festival Event - 1998 Du Maurier Open - Canada's International Men'sTennis Championships - August 1-9, 1998 - National Tennis Centre - York University - Black Creek

9Community Festival Event - Las Flores Charitable Foundation -Hispanic Fiesta '98 - September 4, 5, 6 and 7, 1998 -Mel Lastman Square - North York Centre

10Dedication By-law - One-Foot Strip of Land Abutting Don Mills Road at Au Large Boulevard, North of Finch Avenue East, as a Public Highway -Seneca College, Newnham Campus - Seneca Heights

11Fence - Request for Exemption - Mr. M. Cabiddu and Ms. K. Waszynska - 145 Playfair Avenue - North York Spadina

12Parking Prohibitions - Yorkview Drive - North York Centre

13Turn Restriction - Ravel Road - Seneca Heights

14Boulevard Leasing Cafe - Hollywood North Restaurant/Bar -4973 Yonge Street - North York Centre

15Stopping Prohibitions - Oscar Court - Seneca Heights

16Parking Prohibitions Amendments - Hanover Road - North York Spadina

17Parking Prohibition Amendments - Stratford Crescent - North York Centre South

18Parking Prohibitions - Princess Avenue, Willowdale Avenue to Longmore Street - North York Centre

19Parking Prohibitions - Covington Road -North York Spadina

20Stopping Prohibitions - Princess Avenue, Between Willowdale Avenue and Dudley Avenue -North York Centre

21Temporary Road Closure - Grenadine Court - North York Humber

22Stopping Prohibitions - Greenfield Avenue - North York Centre

23Parking Prohibitions - Yatescastle Drive - Black Creek

24All Way Stop Controls - Esgore Drive at Joicey Boulevard -North York Centre South

25Turn Restrictions - Elana Drive at Firgrove Crescentand Finch Avenue West - Black Creek

26Parking Prohibitions - Esgore Drive, Ridley Boulevardto Apsley Road/Saunders Street - North York Centre South

27All Way Stop Control - Margaret Avenue at Pleasant View Drive - Seneca Heights

28Parking Prohibitions - Chalkfarm Drive and Marlington Crescent - North York Humber

29Amendment of Parking Prohibitions - Glengarry Avenue - North York Centre South

30Designated On Street Loading Zones for the Disabled -Robert Hicks Drive - North York Spadina

31All Way Stop Control - Dalemount Avenue at Hillmount Avenue - North York Spadina

32Boulevard Leasing Cafe - Millie's Bistro -1980 Avenue Road - North York Centre South

33Recommendation Report - Zoning Amendment Application UDOZ-97-42 - Rita Malcolm - 27 Marshlynn Avenue - North York Humber

34Preliminary Report - Official Plan and Zoning Amendment Application UDOZ-98-07 - Michael A. Cohen -619 Lawrence Avenue West - North York Spadina

35Community Festival Event - Club Epiphany -Summer Family Celebrations - August 3, 1998 -11 Arrow Road - North York Humber

36Establishment of the Downsview Trust -North York Spadina

37Temporary Road Closure - Beecroft Road - North York Centre

38Sign By-law Variance Request - Cineplex Odeon -Sheppard Centre Cinemas - North York Centre 7231

39Community Festival Event - Super Latin Fest - July 31 to August 3, 1998 - Mel Lastman Square - North York Centre

40Roads - Princess Avenue - From Dudley Avenue to Willowdale Avenue - North York Centre

41Liquor Licence Application - Luxor Banquet Hall -4250 Dufferin Street - North York Spadina

42Ramp Improvements - Highway 404/Highway 401, Highway 404/Finch Avenue East and Highway 404/Steeles Avenue East - Don Parkway and Seneca Heights

43Back Sloping Driveway - 632 Glengrove Avenue West -North York Spadina

44Preliminary Report - Zoning Amendment Application UDZ-98-081205373 Ontario Limited - 70, 72, 76, 78, 80, 84, 88, 90, 96, 100and 102 Ellerslie Avenue - North York Centre

45Other Items Considered by the Community Council

City of Toronto

REPORT No. 7

OF THE NORTH YORK COMMUNITY COUNCIL

(from its meeting on June 24, 1998,

submitted by Councillor Milton Berger, Chair)

As Considered by

The Council of the City of Toronto

on July 8, 9 and 10, 1998

1

Dedication By-law -

Part of Dalkeith Drive (South of Donwoods Drive) -

North York Centre South

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June11, 1998) from the City Solicitor, North York Civic Centre:

Purpose:

The purpose of this report is to authorize the assumption of Dalkeith Drive, laid out on Plan 3464, by dedicating same as a public highway through enactment and registration on title of the attached draft by-law.

Source of Funds:

Not applicable.

Recommendations:

It is recommended that:

(1)Council enact a by-law dedicating Dalkeith Drive, Plan 3464 as public highway; and

(2)the appropriate City officials be authorized and directed to take the necessary steps to give effect thereto.

Council Reference/Background/History:

Council, at its meeting of March 4, 5 and 6, 1998, adopted Clause 8 of the Corporate Services Committee Report No. 2, which included a recommendation that staff be directed to proceed with the road closure and sale of Dalkeith Drive in accordance with the requirements of the Municipal Act.

A public hearing is scheduled to be held at North York Community Council on Wednesday, June 24^th at 10:30 a.m., to hear any person who claims that their land will be prejudicially affected by the by-law or who applies to be heard, in accordance with the requirements of the Municipal Act.

Prior to enacting the by-law to close the road, in accordance with the practices and procedures of the former City of North York, a by-law to assume Dalkeith Drive should be enacted. Assumption of this road is required in order to use the road closing procedures set out in the Municipal Act.

Comments and/or Discussion and/or Justification:

The Works and Emergency Services Department, North York Office, has advised that they have no objection to the enactment of a by-law providing for the assumption of this road.

Conclusion:

It is in order to enact the attached by-law at this time so that the road closure may proceed in accordance with the requirements of the Municipal Act.

Contact Name:

Catherine M. ConradJoanne Franco

Senior Solicitor Conveyancer

Telephone: 395-7061Telephone: 395-7079

Facsimile: 395-7056Facsimile: 395-7056

Catherine@city.north-york.on.caJoanne@city.north-york.on.ca

________

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

2

Appeal of Muzzle Order - Mr. John Obeyesekere -

175 Cottonwood Drive - Don Parkway

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends that the following report (May 28, 1998) from the City Solicitor, North York Civic Centre, be adopted and that the application from Mr. John Obeyesekere for an exemption to the muzzling requirements of North York By-law No. 32823, be denied:

Purpose:

To report on an application for an exemption to the dog muzzling requirements of North York By-law No. 32823

Financial Implications:

There are no financial implications for the City.

Recommendations:

It is recommended that the request for an exemption be denied.

Background:

The former City of North York enacted Muzzling By-law No. 32823 on July 10, 1996. The By-law requires a muzzle order to be issued to the owner of a dog where the Chief Animal Control Officer has reason to believe that the dog has bitten a person or a domestic animal on two occasions. Where an order has been issued, the By-law further requires the owner to muzzle the dog except when it is on the property of the owner.

Discussion:

The issuance of the Muzzle Order to Mr. Obeyesekere is based upon the receipt of two separate dog bite incidents to human victims reported by the Public Health Department. In the first incident, the North York Public Health Department received a report of the dog biting on June 25, 1997. The victim was a seven year old boy who received two bites, one of them required 3 to 4 stitches to close the injury. The victim was playing in the yard at 177 Cottonwood Drive when the dog came out of the house at 175 Cottonwood Drive, ran towards the victim and bit. The second incident occurred on February 8, 1998; the victim was visiting at 177 Cottonwood Drive and was bitten as he went to his car parked in the driveway. Punctures were received by the victim but no medical treatment is indicated in the Public Health report. On February 14, 1998, a 'Notice to Muzzle' order was served to Mr. Obeyesekere, 175 Cottonwood Drive in the Community of North York.

These two bite reports received for the dog owned by Mr. Obeyesekere are the only complaints that the North York Animal Centre have on record.

Conclusions:

It appears that these incidents occurred because the owner failed to control his dog from being on the neighbour's property; the recommendation to keep the muzzle order on the dog is for the protection of the public.

Contact Name:

Carl Bandow, Administrator, North York Animal Centre, Phone: 395-7086, Fax: 395-7090

E-mail: CNY_1F_.LEGAL:CARL

________

Mr. John Obeyesekere, appeared before the North York Community Council in connection with the foregoing matter.

(A copy of the Notice to Muzzle is on file in the office of the City Clerk, North York Civic Centre.)

3

Road Closure and Sale - Dalkeith Drive

(South of Donwoods Drive) - North York Centre South

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June11, 1998) from the City Solicitor, North York Civic Centre:

Purpose:

To recommend the enactment of a by-law to close and stop up Dalkeith Drive and to authorize the sale thereof.

Source of Funds:

Not applicable.

Recommendations:

It is recommended that:

(1)Council enact a by-law closing and stopping up Dalkeith Drive and authorizing the sale thereof; and

(2)the appropriate City officials be authorized and directed to take the necessary steps to give effect thereto.

Council Reference/Background/History:

On July 12, 1995, the Council of the former City of North York adopted Clause 16 of Transportation Committee Report No.15 which recommended the closure of Dalkeith Drive, Plan 3464, lying between No. 1 Knightswood Road and No. 113 Donwoods Drive.

At its meeting of March 4, 5 and 6, 1998, the Council of the City of Toronto adopted Clause 8 of Report No. 2 of the Corporate Services Committee which recommended that staff proceed with the road closure and sale in accordance with the requirements of the Municipal Act.

Notice of a public hearing, in accordance with the provisions of the Municipal Act, was published advising the public that anyone who claims that their land will be prejudicially affected by the proposed by-law may be heard on June 24, 1998.

Comments and/or Discussion and/or Justification:

Conditional Agreements of Purchase and Sale from each of the abutting owners have been executed and it would now be in order to enact the attached by-law.

Conclusion:

For the forgoing reasons, it is recommended that Council enact the attached by-law.

Contact Name:

Catherine M. ConradJoanne Franco

Senior Solicitor, North YorkConveyancer

Telephone: 395-7061Telephone: 395-7079

Facsimile: 395-7056Facsimile: 395-7056

Catherine@city.north-york.on.caJoanne@city.north-york.on.ca

________

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

4

Official Plan and Zoning Amendment Application UDOZ-94-34 -

T.W.S. Developments Limited - 797 Don Mills Road - Don Parkway

(City Council, on July 8, 9 and 10, 1998, amended this Clause by deleting from Recommendation No. (3) of the North York Community Council the date "July 7, 1998", and inserting in lieu thereof the date "July 14, 1998", so that such recommendation shall now read as follows:

"(3)all outstanding by-law violations be complied with prior to July 14, 1998.")

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (April 23, 1998) from the Acting Commissioner of Planning, and for the reasons that the proposal is an appropriate use of lands, recommends that the application submitted by T.W.S. Developments Limited regarding Official Plan and Zoning Amendment for 797 Don Mills Road, be approved, with the following revisions and additional condition:

(1)recommendation 1 (v) be amended to read as follows:

"A minimum of 25 percent of the residential dwelling units shall have a maximum gross floor area of 71 square metres for a one bedroom unit, 80 square metres for a two bedroom and 120 square metres for a three bedroom unit."

(2)recommendation 2 be amended to read as follows:

"Prior to the enactment of the Zoning By-law, the applicant shall receive site plan approval, said approval to address to the satisfaction of the applicant and the City, the laneway called the IOF Laneway, the podium and the underground passageway. This process shall be in full consultation and involvement with the IOF. In addition, the applicant agrees that it will resolve the issues between it and the IOF with respect to the IOF Laneway, the podium and the underground passageway, prior to the enactment of the by-law."; and

(3)all outstanding by-law violations be complied with prior to July 7, 1998.

The North York Community Council reports having held a further statutory public meeting on June24, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (April 23, 1998) from the Acting Commissioner of Planning, North York Civic Centre:

Purpose:

This report recommends approval of the application to permit the residential conversion of the existing vacant office building located at the southeast corner of Don Mills Road and Eglinton Avenue East (Mony Life Building). The applicant proposes to convert the office building into 180 residential units.

Recommendations:

It is recommended that:

(1)the application be approved and the property's MO zoning be amended to add the following exceptions:

(i)if the building contains a residential use, then the following uses are permitted:

offices; and, the following on the ground floor only:

retail stores, restaurants, personal service shops, dry cleaning and laundry collecting establishments, synthetic dry-cleaning establishments, automatic laundry shops, custom workshops and day nurseries;

(ii)maximum gross floor area - 270 percent of the lot area;

(iii)minimum yard setbacks and building location generally as shown on Schedule "C", excluding accessory buildings and structures;

(iv)maximum building height - 17 storeys;

(v)a minimum of 25 percent of the residential dwelling units shall have a maximum gross floor area of: 70 square metres for a one bedroom unit, 80 square metres for a two bedroom and 120 square metres for a three bedroom unit;

(vi)general lot depth, dwelling unit area and lot area standards need not apply; and

(vii)minimum indoor recreational amenity area - 2 square metres for each dwelling unit;

(2)prior to the enactment of the zoning by-law, the applicant shall provide to the City appropriate security for the Parks and Recreation matters described in Schedule "J3"; and

(3)prior to final site plan approval, the applicant shall submit, or agree to submit prior to the issuance of a building permit, a record of site condition that is acknowledged by the Ministry of Environment and Energy.

Council Reference/Background/History:

Background:

In 1995, the former North York Council directed that the application be referred to the Development and Economic Growth Committee and the Planning Advisory Committee for a report on the conversion of the subject property from office industrial to residential/medical use. The specific application was not considered by either of these former committees. However, the site and surrounding area were reviewed in conjunction with the industrial strategy that precipitated Council's adoption of an area specific official plan amendment policy that supports the thrust of the proposal to enhance the mix of uses within the block bounded by Don Mills Road, Eglinton Avenue East, Don Valley Parkway and Rochefort Drive.

Proposal:

The application proposes a zoning by-law amendment in order to permit the residential conversion of the vacant office building into 180 residential units. The existing building has a floor plate that is relatively compact and square which makes it a candidate to be retrofitted for residential use. The site plan is shown on Schedule "C" and the pertinent statistics are as follows:

Location and Existing Site:

The site is located on the southeast corner of Don Mills Road and Eglinton Avenue East, across Don Mills Road from the Ontario Science Centre. It is developed with a 17 storey office building which has been vacant since the early 1990's. The surrounding area consists of the Independent Order of Foresters office building followed by a mix of residential uses to the south, an unopened road allowance to the north and office, institutional and vacant residential lands to the east.

Planning Controls:

Official Plan:

The site is designated industrial with a specific policy statement which permits a mix of residential, office, open space and institutional uses. The designation and policy statement form part of the Council-enacted Official Plan Amendment 443 which is currently awaiting approval from the Ministry of Municipal Affairs and Housing. Schedule "A" shows the official plan designations.

Zoning:

Industrial-Office Business Park Zone (MO) with a specific exception that permits service shops and personal service shops to a maximum gross floor area equal to 0.5 percent of the office building's total gross floor area. The MO zoning forms part of the zoning by-law that was enacted by Council to implement official plan amendment 443. Schedule "B" shows the zoning for the area.

Comments and/or Discussion and/or Justification:

Other Department Comments:

The following section summarizes the comments received from the departments and agencies circulated.

The Metropolitan Toronto Planning Department identifies sewer, stormwater and site plan issues (Schedule "D").

The Toronto Hydro-Electric Commission and Consumers Gas report standard requirements that will form part of the site plan review (Schedules "E" and "F").

The North York Board of Education and Metropolitan Separate School Board report that accommodation is available at certain schools and that some facilities are experiencing accommodation pressures (Schedules "G" and "H").

The Transportation Department notes site plan and parking supply considerations that will be the dealt with in detail at the site plan approval stage (Schedule "I").

The Parks and Recreation Department notes that any approval of the application will be subject to the City's cash-in-lieu of parkland dedication requirements and that the applicant's proposal to contribute $50,000.00 towards the community's parks and recreation facilities is acceptable (Schedules "J1" to "J3").

The Works and Emergency Services Department reports that the site has access to municipal services and identifies refuse collection and storm water runoff details that will form part of the site plan review (Schedule "K").

The Public Health Department notes that an environmental site assessment should be submitted for review in order to ensure the suitability of the site conditions to accommodate the residential land use (Schedule "L").

Community Consultation:

A community consultation meeting was held on March 25, 1998 during which time there was general support to have the vacant building occupied. The adjacent office building owner (Independent Order of Foresters) noted that access to the Mony Life building would be via an easement over a private lane from Rochefort Drive. The applicant has confirmed the mutual right-of-way arrangement with the IOF (Schedule "M").

Planning Issues:

Land Use:

In principle, the proposal to convert the vacant office building to residential fits in with the emerging mixed employment-residential nature of the area. This is supported by the existing development context and municipal policy framework for the site.

In terms of development context, the site is located adjacent to office and retail-commercial uses and is in close proximity to an existing residential community to the south which contains a mix of low and midrise residential buildings. To the east is the block bounded by Ferrand Drive, Rochefort Drive and Eglinton Avenue East which, although presently vacant, is designated for a mixed residential-commercial-parkland development (see Schedule "A" for the location of this block). Recently, this vacant block has been purchased by Graywood Developments who wishes to develop the vacant site with a mix of semi-detached and townhouse buildings (reference file UDOZ-97-52). That proposal is currently in the circulation stage of the planning review.

In terms of municipal policy, the residential use on the site is supported by the official plan for the area which encourages a mix of residential, office, open space and institutional uses. The area specific official plan policy was formulated in consultation with the Economic Development Centre, recognizing that the business park area south of Eglinton Avenue in between Don Mills Road and the Don Valley Parkway can benefit from a mixed land use policy strategy. It should be noted that the official plan policy permitting this mix of uses has been adopted by Council and is awaiting approval by the Ministry of Municipal Affairs and Housing. Encouraging a mix of uses reflects the area's character and enhances the opportunity to stabilize existing viable uses and stimulate interest in presently vacant and underutilized land and buildings. The Mony Life building that is the subject of this application has been almost completely vacant since the early-1990's. The policy strategy and the proposal's contribution to the mixed land use character of the area are supported by the applicant's planning and economic reports that have been submitted in support of the application.

The proposal to introduce a residential land use on the site would implement the City's area specific official plan policy by adding to the mix of uses and housing types in the area. In order to optimize the mixed land use nature that is encouraged by the surrounding development and municipal policy context, it is recommended that the implementing zoning by-law permit the flexibility to have a range of retail commercial and institutional uses.

The surrounding development and municipal policy context, therefore, support the proposal. It represents an opportunity to enhance the mix of uses and housing types in a manner that builds upon the long term mixed land use strategy for the area.

Community Facilities, Services and Infrastructure:

The official plan contains criteria to guide the consideration of this type of rezoning proposal, in particular, to review the availability of community facilities, services and infrastructure to accommodate the proposed residential land use. The following sections will describe the applicable official plan considerations.

Parks and Recreation:

The site is located in proximity to a residential community that has an existing supply of community facilities and services (i.e., parks, library, resource centre, community centre). This existing supply will be enhanced in the future with a new park (approximately 2 acres in size) once development occurs on the vacant residential lands that are the subject of a recent residential proposal by Graywood within the block bounded by Ferrand Drive, Rochefort Drive and Eglinton Avenue East, just east of the site. In response to the Parks and Recreation Department comments regarding the pressure that the existing community facilities face, the applicant will:

(a)augment the supply of existing community facilities with private on-site indoor recreational space at a minimum ratio of 2m² for each dwelling unit (i.e., 180 units @ 2m²/unit = 360m² recreational gross floor area);

(b)provide a cash-in-lieu of parkland dedication payment to the City; and

(c)provide a cash contribution to the City, over and above applicable development charges, targeted towards the area's parks and recreation facilities (Schedule "J3").

In terms of school accommodation, both the Metropolitan Separate School Board and the North York Board of Education (now part of the Toronto District School Board) have identified accommodation pressures on their facilities, however, have not objected to the proposal. There are options available to the school boards to address the accommodation pressures including development charges and the rationalization of school catchment areas resulting from the consolidation of school boards within the Toronto area.

Transportation and Parking Infrastructure:

The conversion of the office building to residential has not precipitated the need for any surrounding road network improvements. Access to the site is proposed to be maintained via the lane from Rochefort Drive, as shown on Schedule "C". The applicant enjoys a right-of-way agreement over the IF Lane to the site (Schedule "M").

In terms of parking supply, the applicant has recently submitted a revised plan showing a total of 270 parking spaces which are to be provided at street level and within an expanded underground parking garage. The parking supply satisfies the applicable residential zoning requirements and the building would be subject to the applicable retail-commercial parking standards should the applicant wish to accommodate those uses on the site. Details regarding the parking, loading and access requirements will be reviewed in detail as part of the site plan approval process.

Sewer and Water Infrastructure:

The site has access to an adequate supply of sewer and water services, as confirmed by the engineering review (Schedule "K").

Built Form, Density and On-Site Open Space:

Given the existing built condition of the site, the existing building and density should be recognized as part of the implementing zoning by-law. Opportunities will be investigated through the site plan review process to incorporate and optimize appropriate on-site outdoor open space areas.

Affordable Housing:

Consistent with the City's housing policies, the amending zoning by-law will ensure that 25 percent of the residential dwelling units meet the affordable housing size parameters of 70m² for a one bedroom unit, 80m² for a two bedroom unit and 120m² for a three bedroom unit.

Site Conditions:

An environmental site assessment has been submitted for review to confirm the suitability of the site conditions for the residential land use. The assessment suggests that the residential land use is appropriate. This conclusion must be verified by the submission of a record of site condition which is encouraged to be submitted at the earliest opportunity and prior to final site plan approval.

Conclusions:

The proposal to convert the office building into residential is appropriate and represents an opportunity to enhance the mix of uses and housing types in a manner that builds upon the long term mixed land use strategy for the area.

Contact Name:

Franco Romano, Senior Planner

Phone: 395-7119Fax: 395-7155

_______

A staff presentation was made by Franco Romano, Senior Planner, Planning Department, North York Civic Centre.

The North York Community Council also reports having had before it a written brief dated June 24, 1998 from Richard Crawford, The Independent Order of Foresters, outlining their concerns with the application.

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

-Mr. M. H. Chusid, Solicitor, on behalf of the applicant, T.W.S. Developments Limited, who commented on the merits of application. He also indicated that the applicant concurred with the staff recommendations with the exception of Recommendation (1) (v). He requested that the one bedroom units be 71m² rather than 70m² because the building is existing and it is difficult to change the configuration. In addition he suggested the imposition of a further condition which would address the concerns expressed by the adjacent property owner, The Independent Order of Foresters; and

-Mr. Richard Crawford, Assistant Vice-President, on behalf of The Independent Order of Foresters, who outlined their concerns with the application. Their primary concerns were with respect to ingress and egress to the 797 Don Mills property via the I0F Laneway; the maintenance of the roadway once the unit holders in the proposed building have taken residence; the shared podium between the building and the future maintenance and up-keep of the podium; and the underground passway between the IOF's and proponent's building and the impact this passage may have for the future, given the projected change in land use.

Mr. Crawford also clarified that while the IOF and the proponent have held meetings to discuss these main site specific issues, resolution has not yet been finalized. In order to ensure that all these site specific matters are resolved to the mutual satisfaction of the applicant and themselves, site plan approval should be obtained prior to the enactment of the zoning by-law.

(A copy of the schedules, draft official plan amendment and draft zoning by-law amendment referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

(City Council on July 8, 9 and 10, 1998, had before it, during consideration of the foregoing Clause, a communication (July 8, 1998) from Mr. Murray H. Chusid, Blaney, McMurtry, Stapells, Friedman, Barristers and Solicitors, advising that his firm represents T.W.S. Development Limited with respect to a Zoning and Official Plan Amendment application; stating that the requirement that the sign by-law infraction be satisfied by July 7, 1998, has proven to be impossible to do within that time period, but that they are prepared to have the sign completely painted over; and requesting that the recommendation of the North York Community Council be amended accordingly.)

5

Zoning Amendment Application UDZ-97-32 -

L & A International Management Inc. -

William Carson Crescent - North York Centre South

(City Council on July 8, 9 and 10, 1998, 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 (May 14, 1998) from the Acting Commissioner of Planning, and for the reasons that the proposal is an appropriate use of lands, recommends that the application submitted by L & A International Management Inc. regarding Zoning Amendment Application for the east side of William Carson Crescent, be approved.

The North York Community Council reports having held a statutory public meeting on June 24, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (May 14, 1998) from the Acting Commissioner of Planning:

Purpose:

The purpose of this report is to recommend a zoning by-law amendment to permit a six storey 134 unit apartment building on the east side of William Carson Crescent.

Recommendations:

It is recommended that the application be approved subject to the following:

(1)the site be rezoned from C1 to RM6 exception subject to the following:

(i)a maximum of 1,035 m² of private recreational amenity area and the 800 m² of below grade mechanical floor area shall be exempted from the gross floor area;

(ii)a minimum of 1.5 m² of recreational amenity space per dwelling unit shall be provided;

(iii)a minimum of 25 percent of the total number of dwelling units provided shall have a maximum floor area of 55 m² for bachelor units, 70 m² for one-bedroom units, 80 m² for two-bedroom units, 120 m² for three-bedroom units, or any combination thereof;

(iv)general provisions with respect to lot coverage and landscaping shall not apply;

(v) the minimum yard setbacks shall be generally as set in Appendix "B";

(vi)the height of the building including all structures shall not exceed 167 m above sea level;

(vii)notwithstanding (vi), an extra 1 m in height for mechanical roof equipment, parapets, stair railing and building structure on the roof shall be allowed, but shall not exceed 8 percent of the roof area;

(viii)the height of the pool roof shall not exceed 1.5 m above grade; and

(ix)the face of each balcony may encroach up to 1.0 m into the yard setback; and

(2)prior to the enactment of the zoning by-law, the proponent obtain site plan approval which addresses the items identified in Appendix "A". As a result of the site plan approval, any change in gross floor area and setbacks will be reflected in the zoning by-law.

Background:

Proposal:

The proponent wants to develop the site with a six storey 134 unit apartment building with 230 underground parking spaces (33 visitor and 197 resident). The following chart summarizes the site strategy.

Site:

The property is located on the eastern side of William Carson Crescent (see attached Schedule "B"), a small street having sole access from the east side of Yonge Street at a signalized intersection.

Three eight-storey condominium apartment buildings containing 495 units (Rose Park Wellesley) have been approved for the adjacent lands to the north of the site. To the east above the top of bank, there is an established low density residential neighbourhood (St. Andrews residential community). To the south, there is a wooded area along a ravine and on the top of the ravine's bank - the St. John's Anglican Church complex. To the west, on the other side of William Carson Crescent, Fire Hall No. 17 (North York) and an office complex exist.

Official Plan:

The western portion of the subject land is designated York Mills Office (YMO) and the eastern ravine portion is designated Valley Open Space (VOS). The site is in Area No. 1 of the York Mills Secondary Plan and almost all of it is in a Special Control Area. The strategy for the development of this area is to permit office and residential uses in the YMO designation. Residential uses are considered appropriate for lands fronting onto William Carson Crescent with limited or no Yonge Street visibility or frontage. The maximum density permitted in the official plan for these lands is 1.5 fsi.

The applicant's proposal conforms to these policy requirements. An official plan amendment is not required to accommodate this project.

Zoning:

The lands are zoned General Commercial (C1) subject to By-law No. 30094 and Greenbelt (G). The C1 zone is on the western portion of the site fronting onto William Carson Crescent, and permits an office building with underground parking, a maximum building height of 165.2 m above sea level, a maximum gross floor area of 16,650 m² and site specific yard setbacks. The Greenbelt zone applies to the ravine portion of the lands.

A zoning by-law amendment is needed to accommodate the applicant's residential apartment proposal.

Comments from Other Departments or Agencies:

The Toronto and Region Conservation Authority has no objections to the proposal given the current greenbelt zoning is maintained on the eastern portion of the property. The recommendations of the geotechnical investigation regarding slope stability will need to be addressed during the site plan application stage and at the time of building permit issuance. See attached Schedule "G".

The City's Parks and Recreation Department requires a 5 percent cash-in-lieu of parkland dedication payment and encourage the provision of more outside recreational amenity space within the landscaped area. See attached Schedule "H".

The Toronto Transit Commission notes that the site is within convenient walking distance to the York Mills subway station, and in order to encourage transit use, would like the implementing zoning by-law to have an upper limit of on-site parking. In addition, attenuation measures should be incorporated to reduce noise and vibration levels from the TTC facilities to the lowest technically possible. The attenuation measures will be dealt with at the site plan application stage. See attached Schedule "I".

The Transportation Division is satisfied with the proposed development. See attached Schedule "J".

The Engineering Division notes issues related to the solid waste collection area, site drainage and slope stability. See attached Schedule "K".

Toronto District School Board have advised that the schools designated to accommodate students emanating from the proposed development are at capacity, and alternative accommodation arrangements will be required. See attached Schedule "L".

The Toronto Catholic School Board objects to the proposal due to a lack of permanent facilities and overcrowding in existing schools designated to serve this area. See attached Schedule "M".

Community Consultation:

A community meeting was held on February 26, 1998.

Most of the residents attending the meeting were from the adjacent residential neighbourhood to the east. In general, the residential proposal was supported. Most of the questions were related to architectural matters, and in particular, the proposed height of the building and the decorative treatment of any equipment on the roof. The residents do not want the height to exceed the top-of-bank of the ravine. The community would like to see a limited amount of roof equipment with screening.

Several residents indicated their desire for as much on site tree preservation as possible.

The Yonge Ridge Homeowners' Association Inc. has confirmed that they are able to support the proposed apartment development subject to a maximum 1.5 fsi, a maximum 167 metre building height above sea level, restrictions on roof equipment to 1 metre above the building height, protection of the adjacent valley slope and construction of the development in accordance with the plans reviewed by their association in April 1998.

Discussion:

(1)Residential Development on William Carson Crescent

The proposed development is in keeping with the policies of the City's official plan, and in particular, the York Mills Office Centre secondary plan. A six storey residential apartment building is a good fit with the existing office complex and fire hall on the west side of William Carson Crescent and the approved residential development to the north of the site.

(2)Building Height

The proposed building height meets the official plan requirements. The by-law will include provisions to restrict the height of the building to 18.6 metres (167 m above sea level), and to allow an extra metre in height only for mechanical roof equipment, parapets, stair railing and building structure. The building does not exceed the 167 m top of the bank height. This is compatible with the Yonge Ridge Homeowners' Association position concerning the height of the proposed building.

(3)Yard Setbacks

The previous office zoning for the site established a building envelope which supported a workable footprint for an office use while allowing for the preservation of trees and the adjacent valley slope. In comparison, the proposed building envelope for the residential building increases the front yard from 0 metres to 4.5 metres. The proponent is looking at further revisions to the building envelope to achieve a 7.5 m front yard setback. The achievement of an increased front yard setback will be finalized as part of the site plan review. The proposed northern and southern yard setbacks remain similar to those of the office building envelope, however, at the rear, the building has been setback from the valley slope to create the opportunity for an outdoor amenity space.

The proposed changes to the building envelope creates a more appropriate context for residential uses. Accordingly, the building setbacks resulting from the site plan approval, should be specifically regulated in the amending zoning by-law. The proposed setbacks are listed in Appendix "B".

(4)Urban Design

The context for the development of this site has been established by the high quality of urban design which is encouraged by the Official Plan and which is and proposed to be built in the area. The limitation on height and the preservation of the valley and trees ensures that the impact on the residential community on the top of the slope are minimized. The front yard should create a landscaped edge which reflects the valley context and the existing commercial and residential development along this local street. The architectural treatment of the building, to be secured at site plan, will also reflect this high quality building design.

During the site plan review, the applicant will also need to demonstrate that the solid waste collection area can be accommodated on the easement and that any changes to the servicing within this easement does not impact the slope stability. Any changes to the building gross floor area and setbacks as a result of this review should be reflected in the amending zoning by-law. Accordingly, site plan approval is recommended prior to the enactment of a zoning by-law.

(5)Recreational Amenities

William Carson Crescent and the adjacent area along Yonge Street has limited access to public recreational facilities due to its location within the valley. Similar to the adjacent residential apartment development, on-site recreational facilities for the future tenants are provided. This proposal includes a 1,035 m² (11,141 ft²) indoor pool as a private recreational amenity. This is 7.7m² (83.1 ft²) of amenity space per apartment unit.

Conclusion:

The apartment proposal is an appropriate development in a small residential enclave at the north end of William Carson Crescent. The proposal conforms to the intent of the York Mills Office Centre secondary plan including the height and density requirements. The design of the project will be resolved further at the site plan approval stage.

A zoning by-law amendment to implement the proposed six storey apartment building is recommended.

Contact Name:

Michael SaundersTel: 395-7104

Fax: 395-7155

________

A staff presentation was made by Michael Saunders, Planner, Planning Department, North York Civic Centre.

The North York Community Council also reports having had before it a communication (June 24, 1998) from Philip Edward Brent, in support of the application.

Mr. Adam Brown, Solicitor, on behalf of the applicant, L & A. International Management Inc. appeared before the North York Community Council in connection with the foregoing matter and he commented on the merit of the application. He also stated that the applicant concurred with the staff recommendations with the exception of Recommendation (1) (iii), in which case he requested that the two bedroom units be 95m² rather than 80m². The issues with respect to storm water management can be addressed prior to the enactment of the zoning by-law.

A.Councillor Flint, North York Centre South, moved that the report from the Acting Commissioner of Planning dated May 14, 1998, be adopted and the application UDZ-97-32 - L & A International Management Inc., be approved as set out in the foregoing report with the following revisions and additional conditions:

(i)recommendation (1) (iii) be amended to read as follows:

"a minimum of 25 percent of the total number of dwelling units provided shall have a maximum floor area of 55 m² for bachelor units, 70 m² for one-bedroom units, 95m² for two-bedroom units, 120 m² for three-bedroom units, or any combination thereof";

(ii)recommendation (2) be deleted in its entirety; and

(iii)a further condition be added to read as follows:

"that the Works and Emergency Services Department confirm in writing, prior to the Toronto City Council meeting, that the issues of storm water run-off and garbage collection over the easement. have been resolved to its satisfaction."

B.Councillor Moscoe, North York Spadina, moved that the parking provision for this building be amended in accordance with the recommendation of the Toronto Transit Commission, as outlined in its memorandum of February 4, 1998 and accordingly a cap of 138 spaces be placed on the parking, which represents a ratio of 1.25 spaces per unit inclusive of visitor parking.

A recorded vote on motion B by Councillor Moscoe was as follows:

FOR:Councillors Mammoliti, Sgro, Moscoe, Augimeri

AGAINST:Li Preti, Feldman, Berger, Flint, Gardner, Chong, Filion, King

ABSENT:Councillors Minnan-Wong, Shiner

Lost

A recorded vote on Part (i) of motion A by Councillor Flint, was as follows:

FOR:Councillors Feldman, Berger, Flint, Gardner, Filion

AGAINST:Councillors Mammoliti, Sgro, Li Preti, Moscoe, Augimeri, Chong, King

ABSENT:Councillors Minnan-Wong, Shiner

Lost

A recorded vote on Part (ii) of motion A by Councillor Flint was as follows:

FOR:Councillors Feldman, Berger, Flint, Gardner, Chong, Filion

AGAINST:Councillors Mammoliti, Sgro, Li Preti, Moscoe, Augimeri, King

ABSENT: Councillors Minnan-Wong, Shiner

Lost

A recorded vote on the motion by Councillor Flint to approve the application, was as follows:

FOR:Councillors Mammoliti, Sgro, Li Preti, Moscoe, Augimeri, Feldman, Berger, Flint, Gardner, Chong, Filion, King

AGAINST:NIL

ABSENT:Councillors Minnan-Wong, Shiner

Carried

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

(Councillor Shiner, at the meeting of City Council on July 8, 9 and 10, 1998, declared his interest in the foregoing Clause, in that he uses the services of a solicitor who works in the same office as the applicant.)

6

Temporary Public Parking Lot -

Temporary Use Extension Application UD52-97-01 -

4155 Yonge Street - North York Centre South

(City Council on July 8, 9 and 10, 1998, 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 reports (May12,1998) from Nick Spensieri, Toronto Parking Authority and the report (August26,1997) from the Commissioner of Planning for the former City of North York and for the reasons that the proposal is an appropriate temporary use of the lands, recommends that the application submitted by the Toronto Parking Authority regarding a temporary use extension for 4155 Yonge Street, be approved with the following revisions and additional condition:

(1)recommendation 2.1.1 of the report from the Commissioner of Planning for the former City of North York be amended to read as follows:

"The C1 zoning for the site be amended to permit a public parking lot on a temporary basis for a period ending December 31, 1999".

(2)no billboards or signs, other than those related to the Toronto Parking Authority, be permitted until such time as the lease agreement, or any extension thereof, between the Toronto Parking Authority and the property owner of 4155 Yonge Street, has expired.

The North York Community Council reports having held a statutory public meeting on June 24, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (May 12, 1998) from Nick Spensieri, Toronto Parking Authority:

"The Toronto Parking Authority at its meeting March 31, 1998, directed staff to re-open the above referenced temporary zoning application. The application, if approved, will allow for the extension of the temporary zoning designation to the end of 1999. This will enable the Toronto Parking Authority to continue operating the surface parking facility on behalf of the owner. Would you please have this item placed on the agenda for the May 27 Community Council meeting?

This application was before City of North York Council on October 6, 1997, and no action was taken at that time. In light of the fact that the Parking Authority negotiated a conditional agreement with the owner of the property, we feel it appropriate that this matter be reviewed and consideration be given to a two year extension of the temporary zoning for a paid parking facility.

I am enclosing the background material relating to this matter and if you have any questions or concerns relating to this matter please give me a call at 395-0187."

The North York Community Council also submits the following report (August 26, 1997) from the Commissioner of Planning of the former City of North York:

1.0Summary

The applicant has requested an extension to the temporary use by-law to continue to use the site at the south east corner of William Carson Crescent and Yonge Street as a temporary public parking lot. The temporary parking lot for 39 cars already exists and has been in operation for approximately 3 years.

The public parking lot use satisfies the regulations contained in By-law No. 7625 regarding public parking lots. The proposal to extend the permission for a public parking lot as a temporary use on the site for a period of 3 years is acceptable because it is an interim use pending development of the site for office and retail uses in accordance with the site's C1 zoning.

2.0Recommendation:

It is recommended that this application be approved subject to the following:

2.1Zoning By-law

2.1.1The C1 zoning for the site be amended to permit a public parking lot on a temporary basis for a period ending December 31, 2000.

3.0Location and Existing Site:

The site is located at the southeast corner of Yonge Street and William Carson Crescent, within the York Mills Office Centre. The western half of the site is paved and is being used as a public parking lot. The eastern half of the site contains significant tree and shrub plantings on a hillside.

Offices comprise the predominant land use surrounding the site to the north, south, and west. A treed hillside followed by single family residential dwellings and St. Jacob's Church are located to the east of the site, above the crest of the slope.

4.0Background and History:

The North York Parking Authority submitted an application in 1993 to amend the Official Plan and Zoning By-law No. 7625, to permit the temporary use of the lands located at 4155 Yonge Street for a 39 space parking lot. Council approved the application on October 20, 1995 and enacted the amending By-law No. 32483, on March 1, 1995 permitting a public parking lot on these lands until December 31, 1995. The resulting Official Plan Amendment, OPA 389, permits a temporary use public parking lot on the subject lands.

Site Plan approval was obtained January 23, 1995 and the lot has been maintained in accordance with the approved Site Plan.

On December 5, 1995, Council extended the temporary use by By-law No. 32671 to December 31, 1997.

The expiration of this by-law is the reason for this current application by the North York Parking Authority.

5.0Planning Controls

Official Plan:(YMO) York Mills Office Centre Secondary Plan; (VOS) Valley Open Space.

Zoning By-law:(C1) General Commercial and (G) Greenbelt Zone and site specific By-law No. 30952.

The site specific By-law No. 30952, as amended would permit a 5 storey office building at a maximum gross floor area of 5,183 m²(55,780 ft²).

6.0Other Department Comments:

No objections have been received from commenting agencies and departments.

7.0Discussion

The proposed time extension of the temporary public parking lot is acceptable given that it conforms to the Official Plan and satisfies the regulations contained in By-law No. 7625. Additionally, it is a relatively small parking lot that represents an interim use pending an office development of the site. Accordingly, we recommend that the temporary public parking lot use be approved for a period ending December 31, 2000.

Mr. Joe Casali, Manager, Development and Planning, Toronto Parking Authority, North York Civic Centre appeared before the North York Community Council in connection with the foregoing matter and commented on the merits of the application.

7

Zoning Amendment Application UDZ-97-37 -

Lopes Bros. Contracting - 1721 Jane Street -

North York Humber

(City Council on July 8, 9 and 10, 1998, 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 (May 13, 1998) from the Acting Commissioner of Planning, and for the reasons that the proposal is an appropriate use of lands, recommends that the application submitted by Lopes Bros. Contracting regarding Zoning Amendment Application for 1721 Jane Street, be approved.

The North York Community Council reports having held a statutory public meeting on June 24, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (May 13, 1998) from the Acting Commissioner of Planning:

Purpose:

The purpose of this report is to recommend a zoning by-law amendment to allow the existing one storey commercial building and parking lot which fronts onto Jane Street, to be maintained and to develop the eastern portion of the property which fronts onto Hearne Avenue, with 2 semi-detached dwellings (4 units). The site plan and elevation drawings are attached as schedule "C" and "D".

Recommendations:

It is recommended that:

(1)the application be approved and the site be rezoned to C1 Exception on the Jane Street frontage and RM2 Exception on the Hearne Avenue frontage subject to the following:

C1 Exception Zone:

(a)the existing retail store shall provide a minimum of:

(i)20 parking spaces; and

(ii)a courier loading space having dimensions of 6m long and 3.6m wide; and

(b)there shall be no front yard setback, rear yard setback, lot area and lot depth requirements;

RM2 Exception Zone

(a)the minimum lot area shall be 276m² for each semi-detached dwelling unit and 550m² for each semi-detached dwelling;

(b)the minimum lot frontage shall be 8.0m for each semi-detached dwelling unit and 16.0m for each semi-detached dwelling;

(c)the minimum side yard setback shall be 1.2m; and

(d)the maximum lot coverage shall be 34 percent;

(2)that prior to the issuance of a building permit for the Hearne Street site, the applicant shall submit a grading and drainage plan, which is satisfactory to the Chief Building Official and which shall be registered on title as part of the release of part lot control agreement. The grading plan will ensure that surface drainage is directed towards Hearne Avenue; and

(3)prior to the enactment of the amending by-law, the applicant will submit payment-in-lieu of parking for one parking space at the rate of $7,500.00 as per Council policy.

Background:

Proposal:

The applicant proposes to retain the commercial operation fronting onto Jane Street (The Dollar Joint) and construct 2 semi-detached dwellings (4 units) fronting onto Hearne Avenue. On the Jane Street site, the applicant proposes to demolish approximately 4 metres of the rear portion of the commercial building to allow unobstructed access from the right-of-way to the parking lot. Each semi-detached dwelling unit will have a gross floor area of 190m² which represents a lot coverage of 34 percent. The proposed lots are to be created through a Part Lot Control Exemption Application.

Location:

The development site is located on the east side of Jane Street in the area north of Lawrence Avenue West and is currently occupied by a retail establishment and associated parking lot. Properties fronting onto Jane Street are primarily developed with retail commercial uses. Properties on Hearne Avenue are primarily developed with low density residential uses. There is a 6m wide right-of-way in the rear yards of the proposed residential properties which is in favour of the Jane Street properties. The right-of-way provides car access to the abutting commercial and residential properties and runs the full length of this block. Semi-detached dwellings are located immediately to the south of the subject lands at 10, 12, 16 and 18 Hearne Avenue (which were approved under applications UDOZ-93-09 and UDOZ-96-11 respectively) and further east on Everglades Drive (refer to schedule "B").

Official Plan:

The western portion of the property, fronting onto Jane Street, is designated Arterial Corridor Area (ACA) which permits a mixture of residential and commercial uses generally up to a Floor Space Index of 2.0. The eastern portion of the property, fronting onto Hearne Avenue, is designated Commercial (COM) with a site specific policy (C.9.58) which permits, among other uses, single and semi-detached dwellings at a maximum density of 39 units per hectare. The proposed development represents a density of 36 units per hectare. No Official Plan amendment is required (refer to schedule "A").

Zoning:

The lands fronting onto Jane Street are zoned C1 which permits a wide range of retail and service commercial uses. A rezoning to C1 exception for the Jane Street property is required to recognize the reduced size of the site and a parking deficiency. The portion of the property which is zoned R4 permits one single family residential dwelling. A rezoning to RM2 is required to permit the proposed semi-detached dwellings (refer to schedule "B").

Comments:

A summary of the relevant comments received is outlined below.

The Transportation Department (North York Office - schedule "E") advise that 21 parking spaces are required for the commercial building. There are 20 parking spaces on site. The one space deficiency in parking is supported subject to payment in-lieu-of parking being applied.

The Public Works Department (North York Office - schedule "F") advise that existing drainage patterns on adjacent properties and the right-of-way shall not be altered.

Discussion:

The proposed semi-detached dwellings are similar to those approved and built on the lots to the south with the exception of the proposed front yard setback and building height. The applicant has proposed a 6m front yard setback and a building height of 10.36m and 3 storeys. This portion of Hearne Avenue is primarily built with a minimum front yard setback of 7.5 metres. The semi-detached dwellings in the area are 2 storeys and a maximum of 9.2m in height. To ensure development is compatible with the adjacent buildings, it is recommended the proposed semi-detached dwellings comply with the front yard and building height requirements of the zoning by-law. A table which compares the proposed semi-detached dwellings with the approved semi-detached dwellings to the south and the standard requirements of the RM2 zone is attached as schedule "G".

The Commercial Building

On the Jane Street frontage a C1 exception zoning is recommended to recognize the existing commercial property and to ensure a minimum parking supply is provided for the existing retail store with adequate loading facilities. There are 20 parking spaces provided on site at 1721 Jane Street, which is sufficient to accommodate the existing retail store. The remaining properties provide on site parking for the commercial activities along Jane Street, between Lawrence Avenue West and Marshlynn Avenue.

Lot Drainage

Issues relating to grade and drainage were raised by the owners of the adjacent commercial buildings located on Jane Street. Similar issues were raised when considering the previous applications (UDOZ-93-09 and UDOZ-96-11) for the semi-detached dwellings located to the south. In order to ensure drainage problems do not occur as a result of the current proposal, it is recommended that the applicant submit a grading and drainage plan which would be registered on title as part of the release of part lot control agreement.

Conclusions:

Semi-detached residential buildings along the eastern portion of the subject property are appropriate as they will enhance the stability of the neighbourhood by helping to separate the existing commercial uses fronting on Jane Street from the residential uses along Hearne Avenue. Staff recommend approval of this application subject to the conditions contained within the report.

Contact Name:

Anthony Rossi, Planner Phone: 395-7114Fax: 395-7155

________

A staff presentation was made by Anthony Rossi, Planner, Planning Department, North York Civic Centre.

Mr. Peter Cheatley Planning Consultant, appeared before the North York Community Council on behalf of the applicant in connection with the foregoing matter and commented on the merits of the application. He also indicated that the applicant concurred with the staff recommendations.

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

(i)(June 9, 1998) from Mr. Marco Massaro expressing his concerns with the proposed development; and

(ii)(June 9, 1998) from Mr. Ettore Massaro expressing his concerns with the proposed development.

(A copy of the schedules, draft zoning by-law amendment and site plan referred to in the foregoing report are on file in the office of the City Clerk, North York Civic Centre.)

8

Community Festival Event -

1998 Du Maurier Open - Canada's International Men's

Tennis Championships - August 1-9, 1998 -

National Tennis Centre - York University - Black Creek

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends that the 1998 du Maurier Open - Canada's International Men's Tennis Championships being held by the Canadian Tennis Association, be declared a community festival event.

The North York Community Council submits the following communication (May 25, 1998) from Ms. Jane Wynne, Tournament Director, Canadian Tennis Association:

"Further to our correspondence with you over the last few years, we would be grateful if you would issue a similar letter of Resolution to apply for liquor licences for the 1998 du Maurier Open.

As in the past, we are planning to have a beer and wine garden in an enclosed area during the tournament. We will be notifying the City of North York's Fire and Health Departments and the Chief of Police accordingly.

Thank you for your cooperation."

9

Community Festival Event - Las Flores Charitable Foundation -

Hispanic Fiesta '98 - September 4, 5, 6 and 7, 1998 -

Mel Lastman Square - North York Centre

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends that the Hispanic Fiesta '98 being held by the Las Flores Charitable Foundation be declared a community festival event.

The North York Community Council submits the following memorandum (May 28, 1998) from Jaye Robinson, Interim Lead, Special Events:

"On September 4, 5, 6, 7, 1998 there will be a Hispanic Fest highlighting cultural activities on Mel Lastman Square. The Special Events Office has approved the event and is aware of the organization's intentions of obtaining a Special Occasions Permit to sell beer on Mel Lastman Square.

The Special Events Office has met with the organizing committee and is satisfied that the event will be produced in a professional manner and will be very successful. I respectfully submit this memorandum requesting your approval."

10

Dedication By-law - One-Foot Strip of Land Abutting

Don Mills Road at Au Large Boulevard,

North of Finch Avenue East, as a Public Highway -

Seneca College, Newnham Campus - Seneca Heights

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June11, 1998) from the City Solicitor, North York Civic Centre:

Purpose:

The purpose of this report is to authorize the dedication of a one-foot strip of land along the east limit of Don Mills Road (Part 7, 66R-6923) as public highway, which would permit legal access to Seneca College's private driveway, Au Large Boulevard, from Don Mills Road.

Source of Funds:

Not applicable.

Recommendations:

It is recommended that:

(1)Council enact a by-law dedicating the subject the one-foot strip, being Part 7 on Reference Plan 66R-6293, as public highway to be known as part of Don Mills Road; and

(2)the appropriate City officials be authorized and directed to take the necessary steps to give effect thereto.

Council Reference/Background/History:

The Legal Department (North York) received a letter dated October 21, 1997, from Borden & Elliot, solicitors representing Seneca College (Newnham Campus) advising that Seneca College's legal access at the intersection of Don Mills Road and Au Large Boulevard is presently blocked by an undedicated one-foot-wide strip of land, owned by the City, and located along the east limit of Don Mills Road.

This access has been operational for approximately 20 years and, as contemplated by recent Site Plan and Committee of Adjustment consents, will be the primary access for a new student residence currently under construction.

The former Metropolitan Toronto Council adopted Clause 26 of Transportation and Planning Committee Report No. 17 on August 13 and 14, 1997, which provided for the installation of traffic control signals at this intersection. The full cost of the installation of the traffic control signals will be the responsibility of Seneca College.

Comments and/or Discussion and/or Justification:

The Transportation Department (North York) has advised that it has no concerns with respect to the present operation of ingress to or egress from Seneca College to Don Mills Road at this location.

Conclusion:

The one-foot strip of land was conveyed to the City in 1968 in all likelihood to control access to Don Mills Road from the abutting lands. As this access has been used by Seneca College for approximately 20 years and, more recently, was approved for signalization and as there is no objection from an operations viewpoint, it would be appropriate to dedicate the land as public highway thereby permitting the necessary legal access.

Contact Name:

Catherine M. ConradJoanne Franco

Senior SolicitorConveyancer

Telephone: 395-7061Telephone: 395-7079

Facsimile: 395-7056Facsimile: 395-7056

Catherine@city.north-york.on.caJoanne@city.north-york.on.ca

________

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

11

Fence - Request for Exemption -

Mr. M. Cabiddu and Ms. K. Waszynska -

145 Playfair Avenue - North York Spadina

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (May21, 1998) from the Director of Municipal Standards, Urban Planning and Development Services:

Purpose:

To report on an application to permit a fence to be maintained on the subject property notwithstanding the height of the fence is contrary 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 to maintain the fence as proposed be approved.

Background:

The former City of North York enacted Fence By-law No. 30901 on July 8, 1992 being a by-law for prescribing the height and description of lawful fences.

Discussion:

The subject property is located on the south-east corner of Caledonia Road and Playfair Avenue in the area south of Lawrence Avenue West and west of Dufferin Street. The property contains a dwelling with a detached garage in the rear yard. Access to the garage is taken from Playfair Avenue.

The property owners have erected a 1.93m (6' 4") board fence around a portion of their property save and except that part of their rear yard which contains the detached garage. The fence incorporates the west wall of the garage as part of the yard (fence) enclosure. The fence also encroaches onto the Playfair Avenue road allowance and in that regard, the owners entered into an encroachment agreement with North York on April 8, 1998.

Although for the most part the height of the fence complies with the by-law, it does not comply with those provisions of the by-law intended to preserve adequate 'sight lines' for pedestrians and vehicular traffic. The relevant sections of the by-law read as follows:

"Section 3.1.10 No fence greater than 0.76m (30 inches) in height shall be constructed in the front yard within 2.40m (8 feet) of the front lot line.

Section 3.1.11 On a corner lot, in addition to the requirement of Subsection 2.1.11, no fence greater than 0.76m (30 inches) in height shall be constructed within 2.40m (8 feet) of a driveway located in the rear yard of the property where access is taken from the flanking street.

Section 3.1.12 On a corner lot, no fence which is parallel to and within 2.40m (8 feet) of a driveway on an abutting property shall be constructed greater than 0.76m (30 inches) in height for that portion of the fence which comes within 2.40m (8 feet) of the side lot line abutting a street."

To address the problem of 'sight lines' the owners propose to cut the corners of the fence on a 45 degree angle at three locations where the fence might interfere with the 'line-of-sight'. (See plans attached.) The proposed revisions to the fence have been reviewed and approved by the North York Transportation Department. A copy of the letter dated February 23, 1998 from the Commissioner of Transportation to the property owners is also attached.

Conclusion:

It is recommended that the existing fence on the property be maintained subject to:

(1)the south-west, the north-west and the north-east corners of the fence being cut back by approximately 2.4m (8') in each direction and that these same corners be joined at an approximate 45 degree angle;

(2)the fence comply with the by-law in all other respects; and

(3)the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

Contact Name:

David Roberts, Director of By-law Enforcement Services,

North York Civic Centre, 395-7020, Fax 395-7056,

E-mail: Dave@City.North-York.on.ca

________

(A copy of the plans and the letter (February 23, 1998) addressed to the property owners, referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

12

Parking Prohibitions - Yorkview Drive -

North York Centre

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June8, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To amend the traffic by-law to provide uniformity between the specific entry and the posted parking restrictions on the south side of Yorkview Drive, opposite the Yorkview Public School.

Source of funds:

All funds associated with amendments to the traffic by-law are included within the 1998 operating budget.

Recommendation:

It is recommended that Schedule VIII of By-Law No. 31001, of the former City of North York, be amended to allow for the uniformity of the by-law entry and signs posted on Yorkview Drive.

Council Reference/Background/History:

During regular maintenance and traffic investigations, it was observed that parking restrictions were posted on the south side of Yorkview Drive, from Wynn Road to 119 Yorkview Drive. Although the appropriate signs are posted, there is no specific entry within the traffic by-law to prohibit parking at this location.

Discussion:

As the removal of the posted parking restrictions would have an adverse affect on both students and residents, and to allow for proper enforcement of the restrictions by the Toronto Police Services, the traffic by-law should be amended.

Conclusion:

This department supports the amendments to the traffic by-law.

Contact Name:

Mr. Michael Frederick, Director of Operations, 395-7484.

13

Turn Restriction - Ravel Road - Seneca Heights

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June2, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To install a Left Turn restriction for northbound motorists on Ravel Road, at the first driveway on the west side of Ravel Road, north of Finch Avenue East.

Source of funds:

All costs associated with the installation of the turn restriction will be applied based upon conditions established for Site Plan Application UDSP-97-202, Kwan and Kwan Limited, 10 Ravel Road.

Recommendation:

This department recommends that Schedule XV of By-law No. 31001, of the former City of North York, be amended to prohibit northbound left turns from Ravel Road to the first driveway accessing 10 Ravel Road, located on the west side of Ravel Road immediately north of Finch Avenue East.

Council Reference/Background/History:

Currently, there are no restrictions to northbound traffic on Ravel Road when accessing the existing commercial property on the northwest corner of the Ravel Road and Finch Avenue East intersection. The current use of the property is as a gasoline service station.

Discussion:

The Transportation Planning section of the Works and Emergency Services Department has reviewed an application to redevelop the subject lands. The applicant proposes to construct a one storey commercial building to be utilized for retail purposes. Access to the site is obtained from two driveways on Ravel Road and through the adjacent commercial development to the west.

As a result of the recent application, this department has advised the applicant that northbound left turns must be prohibited at the most southerly driveway access to their property. The applicant has also been advised that they are responsible for all costs associated with the installation of the necessary traffic control signs.

Conclusions:

The Works and Emergency Services Department, supports the installation of the northbound left turn restriction, on Ravel Road to the first driveway access on the west side of Ravel Road, north of Finch Avenue East.

Contact Name:

Mr. Michael Frederick, Director of Operations, 395-7484

14

Boulevard Leasing Cafe - Hollywood North Restaurant/Bar -

4973 Yonge Street - North York Centre

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (May21, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To determine the appropriateness of an application from Hollywood North Restaurant/Bar to lease a portion of the municipal boulevard for the purpose of operating an outdoor café.

Source of funds:

No departmental funds are required as all associated costs for the boulevard café are the responsibility of the applicant.

Recommendation:

It is our recommendation that the application to lease a portion of the boulevard located on the south side of Hollywood Avenue adjacent to 4973 and 4975 Yonge Street be approved, subject to the following conditions:

(1)any structure erected on the boulevard is to be of a nature which can be readily removed, should the need arise;

(2)that the boulevard café be accessible to the disabled;

(3)an anchored portable railing be placed around the proposed café area;

(4)that the applicant enter into an agreement to indemnify and save harmless the City of Toronto from any action, claim, damage or loss whatsoever arising from the issuance of the licence or the use to be provided or anything done or neglected to be done in connection with the said use; and

(5)the provision of $2,000,000 (two million dollars) of liability insurance, naming the City of Toronto as co-insured.

Council Reference/Background/History:

In accordance with the Boulevard Leasing Policy for the former City of North York, staff has reviewed the application to lease a portion of the municipal boulevard on the south side of Hollywood Avenue.

Discussion:

A review of the site has indicated that sufficient space is available within the municipal boulevard

to accommodate this request. The location applied for does not create either a pedestrian impediment or sight obstruction. The boulevard café will occupy an area of approximately 39.7 m² and will be setback 2.1 metres from the municipal roadway, and .61 metres from the asphalt municipal sidewalk.

Councillors John Filion and Norm Gardner have indicated their support of the application subject to the applicant ensuring that the café is accessible to the disabled.

The applicant has been advised by staff of the Works and Emergency Services Department that once the adjacent vacant lands are developed, a traditional 2.0 metre sidewalk will be constructed. The construction of the sidewalk will significantly impact on the boulevard café.

The leasing fee, based upon the 1998 road allowance leasing rates as established by the City of Toronto, North York District, Finance Department, will be obtained from the applicant prior to the enactment of the lease agreement.

Conclusions:

I would recommend that the above application to lease a portion of the municipal boulevard be approved.

Contact Name:

Mr. Michael Frederick, Director of Operations, at 395-7484

15

Stopping Prohibitions - Oscar Court - Seneca Heights

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June2, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To prohibit stopping on both sides of Oscar Court, from September 1 to June 30, between 8:00 a.m. and 9:00 a.m. and 3:00 p.m. and 4:00 p.m., Monday to Friday.

Source of funds:

All costs associated with the installation of the parking restrictions are included within the 1998 operating budget.

Recommendation:

It is recommended that Schedule IX of By-Law No. 31001, of the former City of North York, be amended to prohibit stopping, from September 1 to June 30, between 8:00 a.m. and 9:00 a.m., and 3:00 p.m. and 4:00 p.m., Monday to Friday, on both sides of Oscar Court.

Council Reference/Background/History:

Currently, parking is permitted for up to a maximum of three hours on both sides of the roadway.

The Transportation Section of the Works and Emergency Services Department received the concerns of a parent of a student at the North Toronto Christian School, regarding conflicts between individuals associated with the school and residents of Oscar Court, during the times associated with student drop off and pick up. In addition, a petition was received from the residents of Oscar Court requesting that stopping restrictions be installed during arrival and dismissal times for the Toronto Christian School.

In an effort to reduce the parking activities on Oscar Court, parking/stopping restrictions were amended on Page Avenue, where the main access to the school is located. It was our opinion that should parents be permitted to stop on the side of Page Avenue which is adjacent to the school, parents would no longer utilize Oscar Court. Although it would appear to have improved, vehicles were still stopped/parked on Oscar Court.

The Toronto Police Services, Parking Enforcement Unit, has been requested to provide continued enforcement of the parking/stopping restrictions on Page Avenue, adjacent to the school.

Discussion:

The installation of the No Stopping, 8:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday to Friday, prohibitions on both sides of Oscar Court, from September 1 to June 30, should reduce conflicts between students, parents and residents, while maintaining some level of convenience for the local residents.

Conclusions:

In view of the above, this department would support the recommendation to prohibit stopping on Oscar Court, during the specified times and dates.

Contact Name:

Mr. Michael Frederick, Director of Operations, at 395-7484.

16

Parking Prohibitions Amendments -

Hanover Road - North York Spadina

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June 8, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To prohibit parking on the south side of Hanover Road, between 8:00 a.m. and 6:00 p.m., Monday to Friday, adjacent to the property located at 130 Maniza Road.

Source of funds:

All costs associated with the installation of the parking prohibitions are included within the 1998 operating budget.

Recommendation:

It is recommended that Schedule VIII of By-Law No. 31001, of the former City of North York, be amended to prohibit parking on the south side of Hanover Road, between 8:00 a.m and 6:00 p.m., Monday to Friday, from a point opposite the westerly limit of Maniza Road to a point 60 metres westerly thereof.

Council Reference/Background/History:

Currently, parking is permitted for up to a maximum of three hours on both sides of Hanover Road.

The resident at 130 Maniza Road has indicated that vehicles, when parked on both sides of the roadway, restrict access to/from their driveway, limiting the safe flow of two way traffic, and may have created a barrier during a recent break in of their property.

With the exception of the driveway for the property located at 130 Maniza Road, there are no other access locations in this area. To the west on Hanover Road, access is provided to the DeHavilland parking facility.

Discussion:

The installation of the parking restrictions would not adversely affect the adjacent properties. With the removal of the parked vehicles adjacent to 130 Maniza Road, motorists' visibility will be greatly increased while exiting from the driveway.

Conclusions:

In view of the above, this department would support an amendment to the parking regulations, as per the resident's request.

Contact Name:

Mr. Michael Frederick, Director of Operations, at 395- 7484.

17

Parking Prohibition Amendments -

Stratford Crescent - North York Centre South

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June9, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To amend the existing parking prohibitions on Stratford Crescent from Mildenhall Road to Blythwood Road.

Source of funds:

All costs associated with the installation of the parking restrictions are included within the 1998 operating budget.

Recommendation:

To amend Schedule VIII of By-Law No. 31001, of the former City of North York, to prohibit parking between the hours of 8:00 a.m. and 7:00 p.m., on both sides of Stratford Crescent, from the westerly limit of Mildenhall Road to the northerly limit of Blythwood Road.

Council Reference/Background/History:

Currently, parking is prohibited between the hours of 8:30 a.m. and 4:30 p.m., Monday to Friday, on various sections of Stratford Crescent.

Discussion:

As a result of our investigation, staff have confirmed the residents' concern that vehicles are being parked for extended periods of time outside of the prohibited zones and after 4:30 p.m. on all portions of the roadway. A review of our location files indicates that there have been and continue to be requests for enforcement. Based upon our numerous requests to the Toronto Police Services, Parking Enforcement Unit, to provide enforcement for the parking restrictions and the three hour limit, it would appear that enforcement alone is not effective in reducing the number of vehicles parked on Stratford Crescent.

Conclusions:

As the proposed parking restrictions are favoured by the majority of the residents of this roadway, as indicated by a petition forwarded through Councillor Joanne Flint's office, it is recommended that the parking restrictions be implemented.

Contact Name:

Mr. Michael Frederick, Director of Traffic Operations, 395-7484.

18

Parking Prohibitions - Princess Avenue,

Willowdale Avenue to Longmore Street - North York Centre

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June5, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To install parking prohibitions on both sides of Princess Avenue, between Willowdale Avenue and Longmore Street

Source of funds:

All costs associated with the installation of the parking restrictions are included within the 1998 operating budget.

Recommendation:

That Schedule VIII of By-Law No. 31001, of the former City of North York, be amended to prohibit parking on both sides of Princess Avenue, from Willowdale Avenue to Longmore Street, from

8:30 a.m. to 6:00 p.m., Monday to Friday.

Council Reference/Background/History:

Currently, parking is permitted for up to a maximum of three hours on both sides of Princess Avenue, east of Willowdale Avenue. West of Willowdale Avenue, parking is prohibited on the south side of the roadway from 8:30 a.m. to 6:00 p.m., Monday to Friday.

A request was received from the resident at 242 Princess Avenue to install parking prohibitions as students attending Earl Haig Secondary School park their vehicles daily on Princess Avenue.

Previously, staff of the Solid Waste Section of the Public Works Department, for the former City of North York, requested that parking restrictions be installed as they were experiencing difficulties in completing garbage/recycling pick up activities on this section of Princess Avenue.

Discussion:

Councillor John Filion has advised that the majority of the residents surveyed by his office support the installation of the parking prohibitions.

Staff of the Works and Emergency Services Department, Transportation Services, have verified that vehicles are parked for extended periods of time on both sides of the roadway. This parking activity restricts two way traffic flow, creates difficulties for garbage/recycling pick up activities, and impacts local residents safe access from their driveways.

Conclusions:

We would support the installation of the parking prohibitions, as per the residents/staff request.

Contact Name:

Mr. Michael Frederick, Director of Operations at 395-7484.

19

Parking Prohibitions - Covington Road -

North York Spadina

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June2, 1998) from the Commissioner of Transportation, North York Civic Centre, subject to the three hour parking on the north side of Covington Road being "metered" parking:

Purpose:

To install parking prohibitions on the south side and permit three hour parking on the north side of Covington Road.

Source of funds:

All costs associated with the installation of the parking restrictions are included within the 1998 operating budget.

Recommendations:

To amend Schedule VIII of By-Law No. 31001, of the former City of North York, to permit three hour parking on the north side of Covington Road, from the westerly limit of Bathurst Street to the easterly limit of Saranac Boulevard and to prohibit parking at any time on the south side of Covington Road, from the westerly limit of Bathurst Street to the easterly limit of Saranac Boulevard.

Council Reference/Background/History:

Currently, parking is prohibited at anytime on the north side of Covington Road and permitted for up to a maximum of three hours on the south side.

A request was forwarded to this department, through Mayor Lastman's office, requesting that parking be permitted on the north side of Covington Road, adjacent to the Barbara Frum Library. Patrons of the library have indicated that since completion of the residential development on the northwest corner of the Bathurst Street/Covington Road intersection, parking is limited.

Although parking is permitted on the south side of Covington Road, the large number of driveway access locations significantly limits the number of vehicles which could be parked on the roadway.

Discussion:

With the provision of the parking on the north side of Covington Road and prohibition of parking on the south side, two way traffic would be maintained, visibility for motorists exiting from the driveways on the south side of the roadway would be improved, and there would be additional on street parking for patrons of the library.

Conclusions:

This department supports the proposed parking amendments.

Contact Name:

Mr. Michael Frederick, Director of Operations (395-7484)

20

Stopping Prohibitions - Princess Avenue,

Between Willowdale Avenue and Dudley Avenue -

North York Centre

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June9, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To install stopping prohibitions on both sides of Princess Avenue, between Willowdale Avenue and Dudley Avenue.

Source of funds:

All costs associated with the installation of the stopping restrictions are included within the 1998 operating budget.

Recommendation:

That Schedule VIII and IX of By-Law No. 31001, of the former City of North York, be amended to prohibit stopping on both sides of Princess Avenue, from 8:00 a.m. to 6:00 p.m., Monday to Friday, between Willowdale Avenue and Dudley Avenue.

Council Reference/Background/History:

Currently, parking is permitted for up to a maximum of three hours on the north side of Princess Avenue, between Willowdale Avenue and Dudley Avenue. Parking is prohibited on the south side of the roadway from 8:30 a.m. to 6:00 p.m., Monday to Friday.

Staff of the Solid Waste Division of the Works and Emergency Services Department previously indicated that when vehicles belonging to students attending Earl Haig Secondary School are parked on Princess Avenue, garbage/recycling pick up activities are interrupted.

Discussion:

Councillor John Filion has advised that the majority of the residents surveyed by his office support the installation of the stopping prohibitions on both sides of the street.

Staff of the Transportation Division have verified that vehicles are parked on both sides of the roadway. This parking activity restricts two way traffic flow, creates difficulties for garbage/recycling pick up activities, and impacts local residents safe access from their driveways.

Conclusions:

We would support the installation of the stopping prohibitions on both sides of Princess Avenue, as requested by local residents through the Councillor's Office.

Contact Name:

Mr. Michael Frederick, Director of Operations at 395-7484.

21

Temporary Road Closure - Grenadine Court -

North York Humber

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June11, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

Neighbourhood Street Party

Source of funds:

With the exception of the $50.00 application fee, all costs associated with the temporary road closure are included within the1998 operating budget.

Recommendations:

(1)by enactment of a confirmatory by-law adopting this report, Grenadine Court be temporarily closed from 8:00 a.m. on Saturday, August 29, to 12:00 a.m. on Sunday, August 30 for the purpose of conducting a neighbourhood street party, subject to the applicants compliance with By-law No. 27433 of the former City of North York; and

(2)during this temporary closure, there shall be no use of the closed road for vehicle traffic except under the authority of a permit issued by the Commissioner of Works and Emergency Services.

Council Reference/Background/History:

Similar events have occurred for the past four years, without incident.

Discussion:

A review of the area has determined that the closure would not adversely affect the surrounding road system. The organizers have obtained the approval from the affected residents. The Fire Department has indicated that they have no objection to the road closure, subject to the applicant ensuring that the areas to be barricaded off are kept clear of parked vehicles and obstacles that could interfere with emergency services and that in the event of an emergency, personnel be available to remove the barricades.

Conclusions:

That permission be granted for the temporary closure of Grenadine Court to accommodate the local street party.

Contact Name:

Mike Frederick, Director of Operations (395-7484)

22

Stopping Prohibitions - Greenfield Avenue - North York Centre

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June9, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To prohibit stopping at any time on the north side of Greenfield Avenue, between Doris Avenue and the entrance to the Atrium II underground parking garage.

Source of funds:

All costs associated with the installation of the stopping restrictions are included within the 1998 operating budget.

Recommendation:

It is recommended that Schedule IX of By-law No. 31001, of the former City of North York, be amended to prohibit stopping at any time on the north side of Greenfield Avenue, from the westerly limit of Doris Avenue to a point 50 metres westerly thereof.

Council Reference/Background/History:

Currently, stopping is prohibited on the north side Greenfield Avenue from Yonge Street to a point 50 metres west of Doris Avenue. From Doris Avenue to a point 50 metres west, parking is prohibited at any time.

Staff of the Transportation Division have reviewed the concerns of the Board of Directors of Condominium Corporation 650, Atrium II, 65 Spring Garden Avenue, regarding vehicles, with displayed disabled parking permits, parked on the north side of Greenfield Avenue, west of Doris Avenue. These vehicles create a sight obstruction for motorists exiting the Atrium II underground parking garage and impact traffic operations at the signalized intersection of Doris Avenue and Greenfield Avenue.

Discussion:

The installation of stopping prohibitions on the north side of Greenfield Avenue, west of Doris Avenue, would improve the sight lines for motorists exiting the condominium driveway and operations at the Doris Avenue/Greenfield Avenue intersection should vehicles otherwise be parked at this location.

Conclusions:

In view of the above, the Transportation Division would support the recommendation to prohibit stopping at any time on the north side of Greenfield Avenue, west of Doris Avenue.

Contact Name:

Mr. Michael Frederick, Director of Operations, at 395-7484.

23

Parking Prohibitions - Yatescastle Drive - Black Creek

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June6, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To install parking prohibitions on both sides of Yatescastle Drive, from Dolores Road to Arthur Griffith Drive.

Source of funds:

All costs associated with the installation of the parking restrictions are included within the 1998 operating budget.

Recommendation:

To amend Schedule VIII of By-law No. 31001, of the former City of North York, to prohibit parking on both sides of Yatescastle Drive, between 2:00 a.m. and 6:00 a.m., from the southerly limit of Dolores Avenue to the northerly limit of Arthur Griffith Drive.

Council Reference/Background/History:

Currently, parking is permitted for up to a maximum of three hours on both sides of Yatescastle Drive.

The residents have submitted a petition requesting that parking be prohibited on both sides of the roadway, to discourage overnight parking. It should be noted that when vehicles are parked on both sides of the roadway, two way traffic cannot be maintained. This is of particular concern during the late evenings.

Discussions:

A review of our street location file has indicated that on street parking has been an ongoing concern for some time.

Conclusions:

In view of the above, the Transportation Division would support the implementation of parking restrictions on Yatescastle Drive, in accordance with residents request.

Contact Name:

Mr. Michael Frederick, Director of Traffic Operations, 395-7484

24

All Way Stop Controls - Esgore Drive at Joicey Boulevard -

North York Centre South

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June12, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To install an all way stop control to improve pedestrian and motorist safety at the intersection of Esgore Drive and Joicey Boulevard.

Source of funds:

Funds for the installation of an all way stop control are included within the 1998 operating budget.

Recommendation:

To amend Schedules XVIII and XIX of By-law No. 31001, of the former City of North York, to require traffic to stop on all approaches to the intersection of Esgore Drive and Joicey Boulevard.

Council Reference/Background/History:

The Transportation Division reviewed a request from Mr. Tim Higgens, President, South Armour Heights Ratepayers Association, to install all way stop controls at the intersection of Esgore Drive with Felbrigg Avenue, Haddington Avenue and Joicey Boulevard.

Discussion:

Currently, eastbound/westbound motorists on Felbrigg Avenue, Haddington Avenue and Joicey Boulevard are required to stop at Esgore Drive. Northbound and southbound traffic on Esgore Drive currently stops at Yonge Boulevard, Ridley Boulevard and Brooke Avenue. Esgore Drive traffic currently travels free flow from Ridley Boulevard to Brooke Avenue.

The results of the most recent all way stop study, conducted on May 1, indicate that the technical requirements for the installation of an all way stop control have been satisfied at the intersection of Esgore Drive and Joicey Boulevard. During our investigation it was observed that numerous pedestrians crossed the intersection without the protection of the stop controls.

At the intersections of Esgore Drive with Felbrigg Avenue, and Haddington Avenue the results indicate that the technical warrants for the installation of an all way stop control were not satisfied.

Conclusions:

In view of the above, the Transportation Division supports the installation of an all way stop control at the intersection of Esgore Drive and Joicey Boulevard.

Contact Name:

Mr. Michael Frederick, Director of Operations, 395-7484

25

Turn Restrictions - Elana Drive at Firgrove Crescent

and Finch Avenue West - Black Creek

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June12, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To install a right turn restriction for westbound motorists on Firgrove Crescent at Elana Drive and to amend the existing right turn restriction for eastbound motorists on Finch Avenue West at Elana Drive.

Source of funds:

All costs associated with the installation and amendment of the turn restrictions are included within the 1998 operating budget.

Recommendations:

We recommend that the appropriate by-laws be enacted to:

(1)prohibit westbound right turns, 7:00 am to 9:00 am, Monday to Friday, from Firgrove Crescent to Elana Drive; and

(2)delete the existing eastbound right turn, 7:00 a.m. to 9:00 a.m., Monday to Friday, except public holidays, restriction from Finch Avenue West to Elana Drive.

Council Reference/Background/History:

We have reviewed a request from residents of Elana Drive to restrict and amend some traffic turning movements at the intersections of Elana Drive with Firgrove Crescent and Finch Avenue West.

Currently, there are no turn restrictions for westbound traffic on Firgrove Crescent at Elana Drive.

In 1992 the former City of North York, Transportation Department, requested the Metropolitan Toronto Transportation Department to install a "No Right Turn, 7:00 a.m. to 9:00 a.m., and 4:00 p.m. to 6:00 p.m., Monday to Friday" restriction for eastbound right turns from Finch Avenue West on to Elana Drive. The restriction was installed based on the results of an Origin and Destination Study conducted in 1992.

Discussion:

The residents of Elana Drive continue to be concerned with the high level of northbound transient traffic. They insist that the volume of traffic is excessive and as such have requested additional turn restrictions; specifically, installing a westbound, 7:00 a.m. to 9:00 a.m., Monday to Friday, right turn restriction on Firgrove Crescent at Elana Drive. This time period would address the times of the highest volume of northbound transient traffic.

Residents have also indicated that southbound transient traffic is not a concern in the morning. As a result, they have requested that the eastbound, 7:00 am to 9:00 am, Monday to Friday, except public holidays, right turn restriction be rescinded at the intersection of Finch Avenue West and Elana Drive.

Conclusions:

The Transportation Division supports the installation of the westbound right turn restriction at Firgrove Crescent and Elana Drive, and the removal of the eastbound right turn restriction at Finch Avenue West and Elana Drive.

Contact Name:

Mr. Michael Frederick, Director of Operations, 395-7484

26

Parking Prohibitions - Esgore Drive, Ridley Boulevard

to Apsley Road/Saunders Street - North York Centre South

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June12, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To install parking restrictions on both sides of Esgore Drive, from Ridley Boulevard to Apsley Road/Saunders Street.

Source of funds:

All costs associated with the installation of the parking restrictions are included within the 1998 operating budget.

Recommendation:

To amend Schedule VIII of By-Law No. 31001, of the former City of North York, to prohibit parking on both sides of Esgore Drive, from the northerly limit of Ridley Boulevard to the southerly limit of Apsley Road/Saunders Street.

Council Reference/Background/History:

Currently, parking is permitted for up to a maximum of three hours on both sides of Esgore Drive.

A petition was received by the Transportation Division, in which five of the six affected residents supported the installation of the parking restrictions. This request was made as a result of ongoing parking problems created by the students of Loretto Abbey School.

Discussion:

On street parking on Esgore Drive, has been a concern for the area residents for many years. Despite requests for enforcement, the installation of daytime parking restrictions on many of the adjacent roadways has not allowed the current parking activities to improve.

Conclusions:

The Transportation Division supports the proposed parking amendments.

Contact Name:

Mr. Michael Frederick, Director of Operations (395-7484)

27

All Way Stop Control - Margaret Avenue at

Pleasant View Drive - Seneca Heights

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June12, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To install an all way stop control, to improve pedestrian and motorists' safety, at the intersection of Margaret Avenue at Pleasant View Drive.

Source of funds:

All costs associated with the installation of the all way stop control are included within the 1998 operating budget.

Recommendation:

The Transportation Division recommends that Schedule 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 Margaret Avenue at Pleasant View Drive.

Council Reference/Background/History:

Currently, northbound and southbound motorists on Margaret Avenue are required to stop at Pleasant View Drive. Traffic volumes on each roadway would indicate that Margaret Avenue is the major roadway and Pleasant View Drive the minor.

Observations by staff have indicated that the majority of motorists approaching the intersection are hesitant, as traditionally vehicles on the major street are not required to relinquish right-of-way to vehicles on the minor approach. Although eastbound and westbound motorists on Pleasant View Drive have the right-of-way, they are yielding to traffic on Margaret Avenue, which may ultimately increase the potential for collisions. This activity is creating a dangerous situation for both motorists and pedestrians entering this intersection.

Discussion:

Due to the high number of pedestrians crossing at this intersection, and the confusion for motorists, the Transportation Division supports the installation of an all way stop control to increase the level of safety for both motorists and pedestrians at this location.

Conclusions:

in view of motorists and pedestrian safety, this department supports the installation of an all way stop control at the intersection of Margaret Avenue at Pleasant View Drive.

Contact Name:

Mr. Michael Frederick, Director of Operations, 395-7484

28

Parking Prohibitions - Chalkfarm Drive and

Marlington Crescent - North York Humber

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June12, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To install parking prohibitions on both sides of the south leg of Chalkfarm Drive, from Jane Street to Heavitree Drive, and Marlington Crescent, from the easterly limit of Chalkfarm Drive to the easterly limit of 25 Marlington Crescent.

Source of funds:

All costs associated with the installation of the parking restrictions are included within the 1998 operating budget.

Recommendation:

To amend Schedule VIII of By-law No. 31001, of the former City of North York, to prohibit parking at any time on both sides of the south leg of Chalkfarm Drive, from the westerly limit of Jane Street to the southerly limit of Heavitree Drive, and Marlington Crescent, from the easterly limit of Chalkfarm Drive to a point 118 metres easterly thereof.

Council Reference/Background/History:

The residents of Chalkfarm Drive and Marlington Crescent have submitted a petition requesting that the current parking restrictions be amended to prohibit parking at any time on both sides of Chalkfarm Drive and Marlington Crescent. The above petition indicates that the majority of the residents residing in the single family homes are in agreement with the requested changes.

Currently, parking is prohibited on the north side of Chalkfarm Drive from the westerly limit of Jane Street to the southerly limit of Marlington Crescent. Parking is prohibited from 8:00 a.m. to 6:00 p.m., Monday to Friday on the west side of Chalkfarm Drive from Heavitree Drive to a point 30 metres south of the north leg of Marlington Crescent and at any time from a point 30 metres south of the north leg of Marlington Crescent to a point 105 metres to the south/east. Parking is permitted for up to a maximum of three hours on all other sections of Chalkfarm Drive and Marlington Crescent.

Discussions:

Our investigation concluded that vehicles are parked within the unsigned portion of the roadways, in excess of the three hour parking limit. I would advise that this parking activity severely restricts the flow of two way traffic and creates a dangerous situation, particularly in the area of the curve in the roadway.

A review of our street location file has indicated that on street parking has been an ongoing concern for some time.

Conclusions:

In view of the above, the Transportation Division would support the implementation of the parking restrictions as requested by the residents.

Contact Name:

Mr. Michael Frederick, Director of Traffic Operations, 395-7484

29

Amendment of Parking Prohibitions -

Glengarry Avenue - North York Centre South

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June12, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To rescind the existing parking prohibitions on the south side of Glengarry Avenue.

Source of funds:

All costs associated with the removal of the parking restrictions are included within the 1998 operating budget.

Recommendation:

To amend Schedule VIII of By-Law No. 31001, of the former City of North York, to permit three hour parking on the south side of Glengarry Avenue, from a point 91 metres east of Bathurst Street to the westerly limit of Welland Road.

Council Reference/Background/History:

Currently, parking is prohibited at anytime on the north side of Glengarry Avenue, between Bathurst Street and Welland Road, and on the south side, from Bathurst Street to a point 91 metres west. On the remaining portion of the south side of Glengarry Avenue, parking is prohibited between 8:00 a.m. and 6:00 p.m., Monday to Friday.

Discussion:

The Transportation Division of the Works and Emergency Services Department has reviewed a request from local residents on Glengarry Avenue, to remove the existing "No Parking, 8:00 a.m. to 6:00 p.m., Monday to Friday" parking prohibitions on the south side of Glengarry Avenue, between Bathurst Street and Welland Road. As parking is prohibited on both sides of Glengarry Avenue, residents felt that these parking prohibitions are too restrictive, which is causing inconveniences for them and their guests.

Conclusions:

As the proposed changes to permit parking on the south side of Glengarry Avenue is supported by the majority of the affected property owners and the local Councillors, and would not adversely affect traffic operations, it is recommended that the parking restrictions be rescinded.

Contact Name:

Mr. Michael Frederick, Director of Traffic Operations, 395-7484.

30

Designated On Street Loading Zones for the Disabled -

Robert Hicks Drive - North York Spadina

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June 12, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To amend the existing traffic by-law to accommodate for the previous removal of the area designated as an On Street Loading Zone for the disabled.

Source of funds:

All funds associated with amendments to the traffic by-law are included within the 1998 operating budget.

Recommendation:

It is recommended that Schedule E of By-Law No. 31770, of the former City of North York, be amended to allow for the deletion of the by-law entry designating a portion of Robert Hicks Drive as a loading zone for the disabled.

Council Reference/Background/History:

During regular maintenance operations it was observed that the loading zone was no longer signed or required.

Discussion:

As the loading zone is no longer being used, and the appropriate signs have been removed, it is appropriate to amend the by-law to delete this entry.

Conclusions:

This department supports the amendments to the traffic by-law.

Contact Name:

Mr. Michael Frederick, Director of Operations, 395-7484.

31

All Way Stop Control - Dalemount Avenue at

Hillmount Avenue - North York Spadina

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June12, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To assess the feasibility and the appropriateness of installing an all way stop control at the intersection of Dalemount and Hillmount Avenues.

Source of funds:

All costs associated with the installation of an all way stop control are included within the 1998 operating budget.

Recommendation:

The Transportation Division of the Works and Emergency Services Department recommends 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 Dalemount Avenue/Hillmount Avenue intersection.

Council Reference/Background/History:

Currently, northbound and southbound traffic on Dalemount Avenue is required to stop one block to the north and south at Glencairn Avenue and Viewmount Avenue, respectively. Eastbound and westbound traffic on Hillmount Avenue stops two blocks to the west at Shermount Avenue and one block to the east at Glenmount Avenue.

A historical review of the department's intersection location files indicates that numerous all way stop studies have been completed at the intersection.

Discussion:

The most recent study indicated that an all way stop is warranted. The installation of the additional stop controls will not adversely impact traffic operations on Dalemount or Hillmount Avenues and should not result in the displacement of traffic to other adjacent roadways.

Conclusions:

The Transportation Division supports the installation of an all way stop control at the intersection of Dalemount Avenue and Hillmount Avenue.

Contact Name:

Mr. Michael Frederick, Director of Traffic Operations, 395-7484

32

Boulevard Leasing Cafe - Millie's Bistro -

1980 Avenue Road - North York Centre South

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June12, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To determine the appropriateness of the application from Millie's Bistro Restaurant to lease a portion of the municipal boulevard for the purpose of operating an outdoor café.

Source of funds:

No departmental funds are required as all associated costs for the boulevard café are the responsibility of the applicant.

Recommendation:

It is our recommendation that the application to lease a portion of the boulevard at 1980 Avenue Road be approved, subject to the following conditions:

(1)the existing hydrant must have easy, unobstructed access;

(2)no permanent structure will be allowed;

(3)the broken asphalt should be replaced with concrete paving stones, similar to the portion of the outdoor café fronting Avenue Road;

(4)the café area should be protected from vehicles using the rear parking area by the use of bollards or anchored portable concrete curbs;

(5)that the applicant be aware that normal maintenance or repair of the telephone cable through the café area may disrupt their operation;

(6)the applicant enter into an agreement to indemnify and save harmless the City of Toronto from any action, claim, damage or loss whatsoever arising from the issuance of the licence or the use to be provided or anything done or neglected to be done in connection with the said use; and

(7)the provision of $2,000,000.00 (two million dollars) of liability insurance, naming the City of Toronto as co-insured.

Council Reference/Background/History:

In accordance with the Boulevard Leasing Policy for the former City of North York, staff have reviewed the application to lease a portion of the municipal boulevard.

Discussion:

A review of the site has indicated that sufficient space is available within the municipal boulevard

to accommodate this request. The location applied for does not create either a pedestrian impediment or sight obstruction. The boulevard café will occupy an area of approximately 76 m² and will be setback 0.60 metres from the municipal roadway.

The leasing fee, based upon the 1998 road allowance leasing rates as established by the City of Toronto, North York District, Finance Department, will be obtained from the applicant prior to the enactment of the lease agreement.

Conclusions:

The Transportation Division supports the application to lease a portion of the municipal boulevard adjacent to 1980 Avenue Road.

Contact Name:

Mr. Michael Frederick, Director of Operations, at 395-7484

33

Recommendation Report -

Zoning Amendment Application UDOZ-97-42 -

Rita Malcolm - 27 Marshlynn Avenue - North York Humber

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends that the following report not be adopted and that the application be refused:

Purpose:

The purpose of this report is to recommend a zoning by-law amendment at 27 Marshlynn Avenue, to permit a commercial use (beauty salon) within a portion of the existing dwelling as a home business (refer to schedule "C"). There is no new construction associated with this proposal.

Recommendations:

It is recommended that the application be approved subject to the following:

(1)the site be rezoned to R4 (51) subject to the following exceptions:

PERMITTED USES

(a)in addition to the uses permitted in the R4 Zone, a personal service shop shall be permitted;

EXCEPTION REGULATIONS

(b)the maximum gross floor area of the personal service shop shall be 40m²; and

(c)no external signage shall be permitted; and

(2)prior to enactment of the by-law for the zoning amendment, the applicant shall demonstrate that the existing building at 27 Marshlynn Avenue complies with the requirements of the Building and Fire Codes for the beauty salon.

Background:

The subject property is located on the south side of Marshlynn Avenue, between Jane Street and Black Creek Drive. A mix of single and semi-detached dwellings, institutional uses and open spaces are located within the vicinity of the site (schedule "B").

Proposal:

The applicant proposes to legalize the existing 40m² home business within the basement portion of the one and one half storey single family dwelling and expand the business an additional 70m² on the ground floor. The home business would have a total gross floor area of 110m². The application was submitted as a result of the By-law Enforcement Department issuing a Notice of Violation dated August 27, 1997, for having a commercial operation on the subject property which is not permitted under the current zoning.

A community consultation meeting was held on March 12, 1998. The majority of people attending supported the application. The issues raised included limiting the size of the beauty salon, prohibiting external signage, providing adequate on site parking, tax assessment, environmental considerations, and ensuring the residential character of the dwelling was maintained. The impact on commercial properties by allowing commercial uses of this size to relocate in residential dwellings was an issue, especially given the high vacancy rates in existing commercial buildings. The issues raised by the community are addressed in the discussion portion of this report. A summary of the comments made at the meeting and letters in support and opposition for this proposal are attached as schedule "D".

Official Plan:

The lands are designated Residential Density One (RD1) which permits primarily single and semi detached dwellings. The official plan also permits minor commercial uses provided they are ancillary to the residential use or serve the local residential population. No official plan amendment is required for this project (schedule "A").

Zoning By-law:

The property is zoned One Family Detached Dwelling Fourth Density Zone (R4). A zoning by-law amendment is required to permit the proposed commercial use (schedule "B").

Comments:

The Transportation Department (North York Office) advise that 5 parking spaces are required for this site with a 110m² beauty salon, 2 spaces for the residential use and 3 spaces for the commercial use (refer to schedule "E").

Discussion:

Council is guided by principles that aim to enhance the residential neighbourhoods and encourage other uses that are compatible with residential uses to ensure neighbourhoods continue as pleasant and safe living environments. The official plan establishes the principle that minor commercial uses can enhance residential areas provided there are appropriate performance standards to ensure the use remains compatible with adjacent properties. Compatibility of a home business with adjacent properties can be achieved where:

-the residential character of the dwelling is maintained;

-residential remains the predominant use within the dwelling unit;

-the use is conducted by a member who resides in the dwelling;

-the use is not likely to create or become a public nuisance, particularly with regard to noise and odours;

-adequate on-site parking can be provided without detracting from the residential character; and

-all operations occur entirely within the existing residential unit.

Scale of the Home Business and the Residential Community:

The proposed home business will maintain the physical characteristics of the dwelling because no new construction is proposed and the owner of the business will continue to reside in the main portion of the dwelling.

The proposed commercial use has a gross floor area of 110m² which represents 40 percent of the floor area of the existing dwelling. In similar applications throughout the City, commercial uses have generally been limited to 25 percent of the dwelling, up to a maximum of 28m², based on the general home occupation guidelines established as part of our earlier housing policy efforts. The proposal at 110m² does not meet the intent of ensuring residential remains the predominant use in the dwelling. However, a home business in excess of 28m² would be acceptable in this instance given the size and scale of the existing dwelling (279m²). It is recommended the home business be limited to 15 percent of the dwelling which represents the existing 40m² beauty salon to ensure a reasonable scale and that residential remains the predominate use.

Residents at the community meeting did not support expansion of the beauty salon to 110m² because they felt it would adversely impact on adjacent properties. Some residents believed there would be a negative impact on commercial properties because business owners would make similar applications and leave their commercial area locations. Impacts on adjacent properties are minimized given the recommended reduced size of the beauty salon.

By limiting the beauty salon to 40m² the number of required parking spaces is reduced to 3 which can easily be accommodated in the existing driveway. External signage is not recommended to ensure the home business is not substantially apparent to persons outside the residence and to preserve the residential nature of the dwelling.

Environment:

Environmental impacts such as, noise, fumes, dust, wind or vibration are not anticipated given the nature of the proposed beauty salon. In order to ensure the dwelling remains compatible with surrounding residential land uses, the range of commercial uses should be limited to a personal service shop only. A beauty salon is defined as a personal service shop in the zoning by-law. Restricting the commercial activity in the dwelling to a personal service shop addresses the issues raised at the meeting by residents regarding adverse impacts associated with allowing various commercial activities.

Conclusions:

Site plan approval is not required as there is no new construction proposed. Staff recommend approval of this application subject to the conditions contained in the report.

Contact Name:

Anthony Rossi, Planner

Phone: 395-7114Fax: 395-7155

________

(A copy of the schedules and draft zoning by-law amendment 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 reports having had before it a petition (April 7, 1998) signed by approximately 31 area residents in opposition to the application.

A recorded vote on a motion by Councillor Mammoliti, North York Humber, to refuse the application, was as follows:

FOR:Councillors Mammoliti, Li Preti, Moscoe, Augimeri, Berger, Flint, Filion, King

AGAINST:Councillors Sgro, Feldman, Gardner, Chong

ABSENT:Councillors Minnan-Wong, Shiner

Carried

(City Council on July 8, 9 and 10, 1998, had before it, during consideration of the foregoing Clause, a communication (undated) from Ms. Rita Malcolm, providing information with respect to her application for re-zoning; and requesting that a public meeting be held under the Planning Act.)

34

Preliminary Report - Official Plan and Zoning Amendment

Application UDOZ-98-07 - Michael A. Cohen -

619 Lawrence Avenue West - North York Spadina

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends:

(1)the adoption of the following report (May 5, 1998) from the Acting Commissioner of Planning, North York Civic Centre, and that the application be refused; and

(2)staff of the Municipal Standards Division, North York Civic Centre, be requested to have the subject property conform with the existing by-law provisions:

Purpose:

The purpose of this report is to evaluate an application to amend the official plan and zoning by-law to permit professional medical offices and a basement apartment within the existing one storey single family dwelling.

Recommendation:

It is recommended that:

(1)this application be refused.

Background:

Proposal:

The applicant is requesting amendments to the Official Plan and Zoning By-law to recognize both the existing medical offices on the main level and the basement apartment within the existing dwelling. There is no new construction associated with this proposal (refer to schedule "C").

The pertinent site statistics of the current proposal are as follows:

Official Plan

The site is designated Residential Density One (RD1) which primarily permits single family and semi-detached dwellings. The Official Plan policies would support a redesignation to commercial uses where the lot is within a Residential Community, located on a major arterial road and grouped with existing commercial designations; where development meets the Compatibility Criteria set out in Part C.5, Section 2.6.0 of the Official Plan and where the use does not jeopardize the stability of nearby residentially designated lands.

Zoning By-law

The property is zoned R4 which permits single family dwellings. A zoning by-law amendment is required for this proposal (refer to schedule "B").

Discussion:

The proposal does not meet the Official Plan's criteria for the creation of new commercially designated lands. Although the site is included within the Englemount Neighbourhood and is located on an arterial road, the property is not grouped with other commercial uses. In addition, the redesignation of this site would jeopardize the stability of the nearby residentially designated lands along the south side of Lawrence Avenue. The introduction of commercial uses will set a precedent for further changes to the remaining stable single family homes along Lawrence Avenue.

The south side of Lawrence Avenue consists of well maintained single family residential homes for three City blocks between the Bathurst Street Sub-Centre and the Allen Road Arterial Corridor Area designations. There is no evidence of decline in the area and there are no recent applications in the nearby vicinity requesting any redevelopment. On the north side of Lawrence Avenue, there are Arterial Corridor Area designations which permit mixed use development generally at a density of 2.0 FSI. However, a major portion of these lands are occupied with Bathurst Heights Secondary School which is not likely to redevelop in the near future.

It is not appropriate at this time to consider a change in the single family nature of the south side of Lawrence Avenue. There are many opportunities for the commercial uses to be located in Commercially or Arterial Corridor designated areas.

There are no city-wide issues associated with this application.

Conclusions:

The introduction of commercial offices on the south side of Lawrence Avenue, between Allen Road and Bathurst Street, by way of redesignation of the lands to Commercial is inconsistent with surrounding land uses. This area is characterized as a stable residential area. Given the single family dwellings are well kept and there is no evidence of decline in the area, applications for mixed use developments are inappropriate at this time.

Contact Name:

Anthony Rossi, Planner

Phone: 395-7114Facsimile: 395-7155

________

Dr. Michael Cohen appeared before the North York Community Council in connection with this matter.

A recorded vote on a motion by Councillor Moscoe, North York Spadina, to refuse the application, was as follows:

FOR:Councillors Mammoliti, Sgro, Moscoe, Augimeri, Berger, Flint, Filion, Minnan-Wong

AGAINST:Councillors Li Preti, Feldman, Gardner

ABSENT:Councillors Chong, Shiner, King

Carried

A recorded vote on a motion by Councillor Moscoe, North York Spadina, to have the property conform to the existing by-law provisions, was as follows:

FOR:Councillors Mammoliti, Sgro, Moscoe, Augimeri, Feldman, Berger, Flint, Gardner, Filion, Minnan-Wong

AGAINST:NIL

ABSENT:Councillors Li Preti, Chong, Shiner, King

Carried

(A copy of the schedules, draft official plan amendment, draft zoning by-law amendment and site plan referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

35

Community Festival Event - Club Epiphany -

Summer Family Celebrations - August 3, 1998 -

11 Arrow Road - North York Humber

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends to City Council approval of the revised request contained in the following communication (June 19, 1998) from Ms. Phyllis James, Managing Director, Club Epiphany:

"Thank you for meeting with my Assistant, Debbie, today to discuss our request of the City for permission to use our outdoor area for a number of summer events. I have spoken with Debbie about the concerns and issues that you raised during the meeting and would like to amend our original request (i.e. letter to City of North York, City Council, dated May 20, 1998).

Please amend as follows:

We are requesting the use of the outside rear area of our establishment for a Cultural Family Event in Celebration of Caribana. The date we are requesting is Monday, August 3, 1998. The event will be scheduled for 11:00 a.m. to 9:00 p.m. and will include a cultural show, games and activities for the entire family.

As in our letter of May 20, 1998, we are expecting approximately 500 patrons and will provide in-house security as well as Metropolitan paid duty. We have liability insurance that covers our entire premises, inside and outside and as we will be serving alcohol, we will adhere to the conditions of the LLBO by-laws.

I hope this information is sufficient for your purposes and if you require further assistance, please do not hesitate to call Debbie or myself at 416-740-9329.

Thank you for your attention in this matter."

________

The North York Community Council reports also having had before it a communication (May 20, 1998) from Ms. Phyllis James, Managing Director, Club Epiphany, requesting permission to proceed with an application for a Special Events Permit from the Liquor Control Board of Ontario for a variety of events to be held on June 28, July 19, July 26, August 2, August 3 and August 30, 1998, at the outside area of their establishment, which was deferred by the North York Community Council at its meeting held on May 27, 1998.

36

Establishment of the Downsview Trust -

North York Spadina

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends that:

1.a special committee be established consisting of Councillors Moscoe, Augimeri, Feldman, Flint, and any other interested Member of the North York Community Council, together with a representative from the Mayor's Office, to meet with the Honourable Art Eggleton, M.P., York Centre, to discuss at length the establishment of the Downsview Trust;

2.no building permit be issued for any construction on Canada Lands' holdings until such time as CLC Downsview Inc., (the Downsview Trust) has been formally established and a governing body is in place and fully operational with a secure revenue base and business plan;

3.the Federal Government be informed that the communication from Canada Lands regarding the establishment of the Downsview Trust does not adequately comply with the motion adopted at the North York Community Council meeting of May 27, 1998 regarding its establishment as it relates to the rezoning matters; and

4.the following report (June 12, 1998) from the Acting Commissioner of Planning, North York Civic Centre, be received as information:

The North York Community Councils reports having noted that the public meeting on this item scheduled for July 22, 1998 is being held on the understanding that a large portion of the meeting will be taken up with the briefing and presentation and that no person should have any expectation that this will be the only meeting on this item.

The North York Community Council submits the following report (June 12, 1998) from the Acting Commissioner of Planning, North York Civic Centre:

Purpose:

The purpose of this report is to forward to the North York Community Council, correspondence received from Canada Lands Company Limited respecting the establishment of the Downsview Trust.

Recommendation:

It is recommended that this report be received as information.

Background:

At its meeting of June 27, 1998, the North York Community Council, in its consideration of a May13, 1998 report entitled "Proposals Report: Development Concept for the Downsview Area Secondary Plan", from the Acting Commissioner of Planning, North York Civic Centre, adopted the following amended recommendation:

"(6)staff bring forward reports on applications UDOZ-97-28 (Heathmount A & E Corp.) and UDOZ-97-41 (Price-Costco Canada Inc.), and provide notice of the Statutory Public Meetings in co-operation with the respective Councillors; that no statutory public hearings be held until such time as the Federal Government has confirmed the establishment of the Downsview Trust; and that staff report to the next meeting of the North York Council on their ability to get a response from the Federal Government with regard to the Trust."

Discussion:

By letter dated June 12, 1998 and attached hereto, Canada Lands Company Limited confirms the establishment of the Downsview Trust.

Conclusions:

Staff, in keeping with the intent of the North York Community Council motion of June 27, 1998 are now in a position to proceed with the holding of statutory public meeting respecting applications UDOZ-97-28 and UDOZ-97-41 in co-operation with the respective Councillors.

Contact Name:

Tom Keefe, Manager (Downsview) tel.: 395-7170

The North York Community Council also submits for the information of Council the following communication (June 12, 1998) from Canada Lands Company Limited respecting the establishment of the Downsview Trust:

"As Manager of the former CFB Toronto Downsview Lands for the Department of National Defence ("DND"), we are writing to confirm the establishment of the Downsview Trust as requested at the North York Community Council meeting on May 27, 1998.

The Federal Government has envisioned a Trust whose principal mandate will be to develop, manage and maintain the Downsview Lands as a unique urban recreational green space for the enjoyment of future generations. This Trust will be realized through the creation of a Crown Corporation, the incorporation of which was approved by Order-in-Council 1997-4/706 on April 27, 1997.

The proposed name for the Corporation is CLC Downsview Inc. ("CLCD"), however this is currently under review and could be changed to reflect the primary mandate of the corporation i.e. the creation and operation of a major park. This corporation will be a subsidiary of Canada Lands Company Limited, a parent Crown Corporation.

All of the lands at Downsview, with the exception of those to be used for residential purposes and Block H, will be leased by DND to CLCD for 999 years, thus providing the opportunity to implement and maintain the original Vision.

CLCD is to be formally incorporated upon the Federal Government's approval of detailed operating terms and conditions. This approval is imminent and is expected, at most, within the next few months.

Operating Structure of CLCD

A major responsibility of CLCD will be the development of the Downsview Lands in a timely and orderly manner, consistent with City's Secondary Plan proposed for the area. Most importantly, CLCD is committed to continued and extensive public consultation as we proceed through the park design and construction phases.

CLCD is to be an entirely self-financing, non-profit entity, and all net revenue generated by the lease of properties (including the Technodome lands) as well as from the sales of Block H and certain lands designated for residential purposes, will be retained by CLCD for the purpose of creating and maintaining the park, as well as for funding the infrastructure required for the overall development of the lands.

The governance and operating structure of CLCD is in the process of being finalized. CLCD will have a Board of Directors consisting of seven members, including local representation, who will be responsible for the overall direction of the Corporation.

CLCD will operate at arm's length from the Federal Government as a non-agent Crown Corporation. It will follow principles and standards of good corporate management, using its resources efficiently, effectively and with prudence, taking due regard of the fact that the project must be carried out on a self-financing basis.

Treasury Board approval has also been given for the creation of an entity to be known as The Downsview Foundation, which will be a registered charity for the solicitation of funds to assist in the future operation of the park.

We trust the above will give the City of Toronto sufficient comfort with respect to the formation of CLCD which will carry out the Vision as announced by the Federal Government related to the development of the Downsview Lands, and we trust that the necessary statutory public hearings will be proceeded with in the very near future.

We look forward to the continued and expeditious processing of the land use applications."

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

-Mr. Vince Lombardi, President, Downsview Lands Community Voice Association;

-Mr. Toni Varone, Balmoral Homeowners' Association;

-Mr. Gerrit de Boer, Idomo Furniture International; and

-Mr. David Sadowski on behalf of Canada Lands Corporation.

A recorded vote on that part of Recommendation 1. relating to the ability of any other interested Member of North York Community Council being able to sit on the special committee, which was moved by Councillor Gardner, North York Centre, was as follows:

FOR:Councillors Mammoliti, Sgro, Li Preti, Berger, Flint, Gardner, Chong, Filion, Shiner, King

AGAINST:Councillors Moscoe, Augimeri, Feldman

ABSENT:Councillor Minnan-Wong

Carried

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

FOR:Councillors Mammoliti, Sgro, Li Preti, Moscoe, Augimeri, Feldman, Berger, Flint, Gardner, Chong, Filion, Shiner, King

AGAINST:NIL

ABSENT:Councillor Minnan-Wong

Carried

A recorded vote on Recommendation 2. moved by Councillor Moscoe, North York Spadina, was as follows:

FOR:Councillors Mammoliti, Moscoe, Augimeri, Feldman, Berger, Filion, Shiner, King

AGAINST:Councillors Sgro, Li Preti, Flint, Gardner, Chong

ABSENT:Councillor Minnan-Wong

Carried

A recorded vote on Recommendation 3. moved by Councillor Moscoe, North York Spadina, was as follows:

FOR:Councillors Mammoliti, Sgro, Li Preti, Moscoe, Augimeri, Feldman, Berger, Flint, Gardner, Filion, Shiner, King

AGAINST:Councillor Chong

ABSENT:Councillor Minnan-Wong

Carried

A recorded vote on Recommendation 4. moved by Councillor Flint, North York Centre South, was as follows:

FOR:Councillors Mammoliti, Sgro, Li Preti, Moscoe, Augimeri, Feldman, Flint, Gardner, Chong, Filion, Minnan-Wong, Shiner, King

AGAINST:Councillor Berger

ABSENT:NIL

Carried

Councillor Augimeri, Black Creek, moved that:

WHEREAS many community residents still have concerns regarding the reports and technical information which are the basis for the Downsview Lands Secondary Plan; and

WHEREAS the nature of holding a Statutory Public Meeting during the summer months is a deterrent to a full and adequate public process; and

WHEREAS a Special meeting of City Council will be held on July 23, 1998 to deal with the establishment of a tax rate thereby leaving only the one day for Community Council; and

WHEREAS the communication from Canada Lands Company regarding the Downsview Trust does not adequately comply with Council's request that they "confirm the establishment of the Downsview Trust";

NOW THEREFORE BE IT RESOLVED THAT the North York Community Council establish the date of the Statutory Public Meeting on the Downsview Lands Secondary Plan as Wednesday, September 16, 1998; and

BE IT FURTHER RESOLVED THAT City staff take the appropriate actions to notify the community.

A recorded vote on the foregoing motion moved by Councillor Augimeri, was as follows:

FOR:Councillors Moscoe, Augimeri, Filion

AGAINST:Councillors Mammoliti, Sgro, Li Preti, Feldman, Berger, Flint, Gardner, Chong, Minnan-Wong, Shiner, King

ABSENT:NIL

The motion moved by Councillor Augimeri was declared by the Chair to be lost.

Councillor Li Preti declared his interest on this matter, as it relates to the city-owned lands at the southeast corner of Sheppard Avenue West and the William R. Allen Road, in that he owns a property in the vicinity.

(City Council on July 8, 9 and 10, 1998, had before it, during consideration of the foregoing Clause, a communication (July 7, 1998) from Ms. Helen Hansen, Willowdale, submitting comments regarding the establishment of the Downsview Trust and requesting that the public meeting to consider this matter be rescheduled to September, having regard that during the summer months, many ratepayers and residents may be out of town.)

(Councillor LiPreti, at the meeting of City Council on July 8, 9 and 10, 1998, declared his interest in those portions of the foregoing Clause pertaining to the city-owned lands at the southeast corner of Sheppard Avenue West and the William R. Allen Road, in that he owns a property in the vicinity.)

37

Temporary Road Closure - Beecroft Road -

North York Centre

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June11, 1998) from the Commissioner of Transportation, North York Civic Centre:

Purpose:

To temporarily close a portion of Beecroft Road to accommodate a five kilometre run/walk, associated with the Run for Drug Free Sports and Fitness Awareness Day.

Source of funds:

All costs associated with the temporary closure of a portion of Beecroft Road will be the responsibility of the applicant.

Recommendations:

(1)by enactment of a confirmatory by-law adopting this report, Beecroft Road, from North York Boulevard to Park Home Avenue, be temporarily closed from 8:30 a.m. to 11:30 a.m., on Sunday, July 26, 1998, for the purpose of conducting a Run for Drug Free Sport event, subject to the applicant's compliance with By-law No. 27433 of the former City of North York; and

(2)during this temporary closure, there shall be no use of the closed road for vehicle traffic except under the authority of a permit issued by the Commissioner of the Works and Emergency Services Department.

Council Reference/Background/History:

Mr. Jeffrey Kippel, Director of Canadian Operations, International Natural Bodybuilders Association is organizing a fund raising event to promote drug free sports. Associated with the event is a five kilometre run/walk. To accommodate the staging of the participants, Mr. Kippel has requested that a section of Beecroft Road, between North York Boulevard and Park Home Avenue, be temporarily closed to vehicle traffic.

Discussions:

The Transportation Division, Works and Emergency Services Department, has received no objections, subject to the following conditions from the Fire Services:

- The applicant shall ensure that one traffic lane on Beecroft Road be reserved for emergency service vehicles to travel south on emergency responses, and that the area to be barricaded off is clear of parked vehicles and any obstacles that would interfere with the movement of emergency service vehicles. Further, that the organizer be made aware that should an emergency arise, it could well interrupt the program as planned.

The applicant has guaranteed that:

- access to all properties and parking facilities will be maintained at all times;

- all equipment and materials will be removed from the roadway prior to the beginning of the scheduled events at the Performing Arts Centre; and

- paid Duty Officers will be provided, in accordance with Toronto Police Services requirements, for vehicle and pedestrian traffic control.

Conclusions:

That permission be granted for the temporary closure of a portion of Beecroft Road, to accommodate the 5K run/walk event, associated with the Run for Drug Free Sports event.

Contact Name:

Mr. Michael Frederick, Director of Operations, 395-7484

38

Sign By-law Variance Request - Cineplex Odeon -

Sheppard Centre Cinemas - North York Centre

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends that:

(1)the following report be received; and

(2)the application for a variance from Sign By-law No. 30788, be refused.

Purpose:

Evaluate and make recommendations concerning a request by Gerald Stanley, of Cineplex Odeon Corporation, for a variance from the sign by-law to permit double sided projecting signs to be erected on the west elevation and east elevation of 2 Sheppard Avenue East.

Recommendation:

It is recommended that:

(1)the request for a variance from the sign by-law be considered by Community Council in light of the information herein contained.

Council Reference/Background/History:

In a letter dated June 2, 1998, Gerald Stanley, of Cineplex Odeon Corporation is requesting permission to erect two double sided projecting signs near the north east corner of Yonge Street and Sheppard Avenue. The signs will be erected above the entrance to the Cineplex Cinemas on the west and south elevations of the Sheppard Centre and will be oriented to face north and southbound traffic on Yonge Street and east and westbound traffic on Sheppard Avenue.

Section 1.1.41. of Sign By-law No. 30788 defines a "projecting sign" as one which is affixed to a building, wall, or a structure and which projects therefrom a distance greater than 2 feet but does not include a marquee or a canopy. The by-law goes on to define a "marquee" as a permanent roof like shelter extending from all or part of a building face and includes a canopy.

As a marquee the proposed signage would fall under the definition of a wall sign and would comply with the requirements of the sign by-law even though such signage projects more than 2 feet from the face of the wall.

Council Reference/Background/History:

The applicant is anxious to present a signage concept that is based on "the historic cinema marquee with a contemporary flavour..."

Conclusions:

Although the signs do not fit the strict definition of a marquee as defined in the sign by-law we feel that the proposed signage is in keeping with the general intent of the by-law as the restrictions alluding to projecting signs were intended to address the proliferation of small hanging signs that existed some years ago in areas containing strip stores and not the unique signage presented in this application.

________

The North York Community Council also reports having had before it a communication (June 15, 1998) from Mr. Brian Sickle, Page & Steele Incorporated, Architects and Planners, requesting approval of the request.

A recorded vote on a motion moved by Councillor Filion, North York Centre, to refuse the application, was as follows:

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

AGAINST:Councillors Sgro, Feldman, Berger, Gardner

ABSENT:Councillors Mammoliti, Flint, Chong, King

Carried

(City Council on July 8, 9 and 10, 1998, had before it, during consideration of the foregoing Clause, communications from the following individuals:

(i)(June 30, 1998) from Mr. G. S. Walters, Excellent Signs and Displays, regarding the sign by-law variance request by Cineplex Odeon, Sheppard Centre Cinemas, appealing the decision of the North York Community Council and requesting that City Council overturn the recommendation of the Community Council and allow Cineplex Odeon to proceed with the completion of the project;

(ii)(June 30, 1998) from Mr. G. Stanley, Director, Design and Construction, Cineplex Odeon Corporation, clarifying the rationale for, and emphasizing the importance of, the proposed exterior projecting blade marquee signage at the Sheppard Centre; and

(iii)(July 6, 1998) from Mr. B. Sickle, Page and Steele, Architects and Planners, in support of the application for a sign by-law variance for Cineplex Odeon, Sheppard Centre Cinemas.)

39

Community Festival Event -

Super Latin Fest - July 31 to August 3, 1998 -

Mel Lastman Square - North York Centre

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends that the Super Latin Fest being held on July 31 to August 3, 1998, be declared a community festival event.

The North York The North York Community Council submits the following memorandum (June 22, 1998) from Jaye Robinson, Interim Lead, Special Events:

"On July 31 to August 3, 1998 inclusive, there will be a Super Latin Fest highlighting cultural activities on Mel Lastman Square. The Special Events Office has approved the event and is aware of the organization's intentions of obtaining a Special Occasions Permit to sell beer and wine on Mel Lastman Square.

The Special Events Office has met with the organizing committee and is satisfied that the event will be produced in a professional manner and will be very successful. I respectfully submit this memorandum requesting your approval."

40

Roads - Princess Avenue - From Dudley Avenue to

Willowdale Avenue - North York Centre

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June9, 1998) from the Director of Engineering, North York Civic Centre:

Purpose:

The purpose of this report is to seek Council approval for changes with respect to works approved in the 1998 Capital Budget for Princess Avenue.

Funding Sources, Financial Implications and Impact Statement:

The construction of an asphalt pavement with curbs, storm sewers and sidewalk on Princess Avenue from Dudley Avenue to Willowdale Avenue at an estimated cost of $220,000.00 was approved in the 1998 Capital Works Program as a North York Local Improvement Project.

The approval of the recommendations in this report will result in an estimated saving of $78,000.00 in construction.

Recommendations:

(1)Princess Avenue from Dudley Avenue to Willowdale Avenue be repaved without constructing curbs, storm sewers or sidewalk as a pilot North York project; and

(2)the funds approved be transferred from the Local Improvement program to the North York Road Overlay And Restoration program.

Council Reference/Background/History:

In the North York District there are approximately 39 kilometres of the old semi-urban type roads similar to Princess Avenue from Dudley Avenue to Willowdale Avenue; that is, surface treated with no curbs or storm sewers and drained by ditches. It has been the practice in North York to improve these semi-urban roads to urban standards under the Local Improvement Act with the construction of an asphalt pavement, curbs and storm sewers. This practice was consistent with the Provincial standards and was a requirement for receipt of subsidy for urban roads and resulted in the construction of roads with drainage for the urban environment.

The following is the North York policy with respect to Local Improvement charges to affected residents:

'For residential assessable frontages the owner's share for a 28 ft. asphalt roadway with curbs constructed is established at a rate of $9.00/ft. of assessable frontage, exclusive of interest charges.'

Comments and/or Discussion and/or Justification:

This Department received requests from Councillor Filion and from some of the local residents on Princess Avenue to repave Princess Avenue without constructing curbs or storm sewers, leaving the existing ditches in place for drainage.

With the elimination of the Provincial subsidy for road construction and the requests of some residents to maintain the semi-urban roads, it may be appropriate to consider alternate methods of improving the semi-urban roads such as repaving the existing road surface without constructing curbs or storm sewers.

The advantages of repaving Princess Avenue without constructing curbs or storm sewers include: lower initial construction cost, some residents prefer the "semi-urban environment", and environmental benefits such as minimum disruption to landscaping and trees and increased infiltration of rainwater. The disadvantages include: substandard pavement width of 7.2 metres, no parking available on the roadway and lack of proper drainage.

The repaving of Princess Avenue from Dudley Avenue to Willowdale Avenue without constructing curbs or storm sewers would be treated as a pilot North York project and would be monitored in terms of the life cycle costs of the road, the adequacy of the road for the local residents and the environmental benefits. This method of road improvement should be restricted to local residential roads.

It is noted that there are also semi-urban roads in the Scarborough and Etobicoke Districts and programs are in place to repave the roads, where appropriate, without constructing curbs or storm sewers. These programs are funded in full by the City.

Under North York policy sidewalks are required on Local Improvement projects, however there is no requirement to construct a sidewalk on Road Overlay projects. The Transportation Department is currently assessing the need for a sidewalk on Princess Avenue. Also, if the existing ditches are maintained a sidewalk cannot be accommodated without the removal of several mature trees.

Conclusion:

Considering the requests of the Councillor and some of the local residents and the practices of improving semi-urban roads in the other Districts, it would be appropriate to repave Princess Avenue from Dudley Avenue to Willowdale Avenue without constructing curbs or storm sewers as a pilot North York project.

Contact Name and Telephone Number:

Stan Bertoia, P.Eng.

Director of Engineering, North York District

Tel: 416-395-6235

Fax: 416-395-0349

E-Mail: sbertoia@city.north-york.on.ca

41

Liquor Licence Application - Luxor Banquet Hall -

4250 Dufferin Street - North York Spadina

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends that City Council endorse the following Resolution by Councillor Howard Moscoe, North York Spadina:

WHEREAS the former Liquor Licence Board, now known as the Alcohol and Gaming Commission, rejected Application No. 48580 to establish a night club, "the Luxor", at 4250 Dufferin Street on February 24, 1995; and

WHEREAS this rejection was based on deputations from some 600 residents in opposition, including the City of North York; and

WHEREAS the Alcohol and Gaming Commission, through public hearings, rejected a leave to appeal the first application in July 1996; and

WHEREAS a new application (No. 88731) for a liquor licence for Luxor has been submitted to the Alcohol and Gaming Commission;

NOW THEREFORE BE IT RESOLVED THAT the City of Toronto advise the Alcohol and Gaming Commission that the City of Toronto is opposed to Application No. 88731 submitted June 19, 1998, for a liquor licence for the Luxor at 4250 Dufferin Street unless the application is amended to specifically exclude the operation of a night club and submitted under the name "Luxor Banquet Hall" as indicated on the attached notice; and

BE IT FURTHER RESOLVED THAT the City Solicitor assist in preparing the wording of an amendment to the liquor licence application to ensure that it cannot be used to operate a night club.

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

42

Ramp Improvements - Highway 404/Highway 401,

Highway 404/Finch Avenue East and

Highway 404/Steeles Avenue East -

Don Parkway and Seneca Heights

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends that City Council endorse the following Resolution by Councillor David Shiner, Seneca Heights:

WHEREAS the Province of Ontario has plans to add traffic lanes to Highway 404, between Highway7 and Highway 401 and to reconfigure the ramps at Steeles Avenue East, Finch Avenue East and Highway 401; and

WHEREAS the Province has announced a further extension of Highway 404, north of Davis Drive in Newmarket to Green Lane; and

WHEREAS the Province has plans to continue to extend Highway 404 north of Green Lane, as the residential communities expand; and

WHEREAS adding traffic lanes to Highway 404 between Highway 407 and Highway 401 will only exacerbate traffic congestion on Highway 401 and the Don Valley Parkway; and

WHEREAS adding the traffic lanes south of Highway 407 will only encourage more traffic to avoid Highway 407 because of the toll charges and use Highway 401; and

WHEREAS the lack of capacity of the Don Valley Parkway forces motorists to exit Highway 404, north of Highway 401, onto arterial roads and residential streets to by-pass the congestion on the Don Valley Parkway; and

WHEREAS this is already an intolerable situation for local residents;

NOW THEREFORE BE IT RESOLVED THAT the Province be advised that the North York Community Council and the City of Toronto Council support the necessary ramp improvements at the interchange of Highway 404/Highway 401, Highway 404/Finch Avenue East and Highway404/Steeles Avenue East; and

BE IT FURTHER RESOLVED THAT the North York Community Council and the City of Toronto Council request the Province not to add traffic lanes to Highway 404, from Highway 401 to Highway 7; and

BE IT FURTHER RESOLVED THAT the Province be requested to come up with a new traffic management plan that would encourage the east/west movement of vehicles along Highway 407 instead of Highway 401; and

BE IT FURTHER RESOLVED THAT Provincial Members of Parliament whose ridings include Highway 404/Don Valley Parkway be requested to invite area residents and the local councillors to public meetings regarding this issue; and

BE IT FURTHER RESOLVED THAT this item be placed on the next regular agenda of the City of Toronto Council for its consideration, and not included under "other items" .

43

Back Sloping Driveway - 632 Glengrove Avenue West -

North York Spadina

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends the adoption of the following report (June18, 1998) from the Director of Roads and Sidewalk Operations, Works and Emergency Services, North York Civic Centre:

Purpose:

The property owner is proposing to construct an addition to his home including a below grade garage. He has requested that the standard 2% driveway slope commence at 1.8m (6 ft.) from the curb and from this point slope down to the curb and slope down to the garage at a maximum of 10%. Presently, 2% driveway slopes are to commence at the property line approximately 6.1 m (20 ft.) from the curb.

Source of Funds:

All costs to construct the driveway are to be covered by the property owner.

Recommendation:

It is recommended that the driveway slope commence as close as possible to the property line. This would prevent surface drainage from the road entering onto private property and would provide proper cover to the underground utilities such as the watermain and that the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference:

Council Report No. 4, dated February 23, 1993 received and adopted by Council on March 10, 1993 states that: "Elevations at the property line fronting the street should be such that the average slope down to the top of the roadway curb should be between 2% to 6%."

North York Zoning By-law No. 32892 states: "5 (c) Subject to (b), for a single family dwelling on a lot in any R-A, R-R, R1, R2, R3, R4, R5, R6 or R7 zone where the lot frontage is 13.7 metres or less the maximum slope down of a driveway shall not exceed (10%) as measured from the property line, and the downward slope of the driveway shall begin from the owner's side of the property line."

Comments and Discussions:

There is an existing 300mm watermain that runs across the proposed driveway at a distance of approximately 5m (15 ft.) from the curb. The proposed location of the back slope will result in the insulation of ground cover over the watermain to be reduced to 1.3m (4.3 ft.) from the existing 1.6m (5.2 ft.). Discussions with the Water and Sewer Section were that the 1.3m (4.3 ft.) cover over the watermain will still be adequate to prevent freezing.

Conclusions:

The proposed location of the downward slope will be contrary to Council's policy and North York Zoning By-law No. 32892 that permits the slope to begin at the property line. The proposal does however provide the correct slope of 2% on City property and no more than a 10% maximum slope on the private portion. The Water and Sewer Section of this Department have determined that a 1.3m (4.3 ft.) cover over the watermain will be sufficient to prevent freezing provided that the existing watermain is at a present depth of 1.6m (5.2 ft.) and that no service connections are affected.

Contact Name and Telephone Number:

Dominic Gismondi, P. Eng.

Director of Roads & Sidewalk Operations

Tel. No. 416-395-6239, Fax No. 416-395-6200

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

44

Preliminary Report - Zoning Amendment Application UDZ-98-08

1205373 Ontario Limited - 70, 72, 76, 78, 80, 84, 88, 90, 96, 100

and 102 Ellerslie Avenue - North York Centre

(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)

The North York Community Council recommends that:

(1)site specific Official Plan Policy part c9.140 of Official Plan Amendment No. 381 be re-opened;

(2)the following report (June 9, 1998) from the Acting Commissioner of Planning, North York Civic Centre, be received; and

(3)staff be authorized to schedule a public meeting to determine whether the subject lands should be included in the development area.

The North York Community Council submits the following report (June 9, 1998) from the Acting Commissioner of Planning:

Purpose:

The purpose of this report is a preliminary evaluation of an application to amend the zoning by-law for lands located at Ellerslie Avenue west of Beecroft Road to permit a 66 unit 3 storey freehold townhouse development at 70 to 102 Ellerslie Avenue.

Recommendations:

It is recommended that:

(1)the applicant be advised that the following are required prior to a final recommendation report:

(a)a comprehensive land assembly for all the lands which are subject to this rezoning application;

(b)a concurrent site plan application;

(c)a draft plan of subdivision for the laying out of any new public road; and

(d)appropriate studies as required by municipal agencies that are outlined in this report.

(2)Once the conditions set out in recommendation (1) have been met, that

(a)staff, in consultation with the local Councillors, schedule a community consultation meeting; and

(b)staff prepare a final report evaluating the proposal and provide notice of the statutory public meeting at the appropriate time.

Background:

Proposal:

The application proposes an amendment to the zoning by-law to permit the construction of a 66 unit, 3 storey freehold townhouse development as shown on Schedule C. A statistical breakdown of the proposal is set out below.

Site Context:

The east part of the site is located in the Uptown and the west part is located in the stable residential area (Schedule A). On the south side of Ellerslie Avenue is Dempsey Park. Directly north of the site are single detached homes and to the west is St. Edward's Church. To the east is Canterbury Place Park and Willowdale Presbyterian Church.

Official Plan:

Nos. 70 to 84 Ellerslie Avenue are designated Uptown Residential 2 which permits residential uses at a maximum density of 1.5 FSI and a maximum height of 3 storeys or 11 metres.

Nos. 88 to 102 Ellerslie Avenue are designated Residential Density 1 and are located outside the boundary of the Uptown. They are also subject to a site specific policy in the Plan (C9.140) which permits residential uses to a maximum density of 1.0 FSI and a maximum height of 3 storeys or 11 metres provided these lands are redeveloped and vehicular access is taken from the Uptown Service Road and not from Ellerslie Avenue. In the absence of such an integrated land development proposal, the lands are limited to those residential uses generally permitted within an RD1 designation (single detached and semi-detached dwellings).

Zoning:

R4 One Family Detached Dwelling Fourth Density Zone.

Discussion:

The following preliminary issues have been identified:

(1)Land Ownership

The applicant has executed offers of purchase and sale for most of the properties comprising this site (76, 80, 84, 88, 90, 96, 100 Ellerslie). The applicant has offered but to date been unable to purchase 70, 72, 78 and 102 Ellerslie Avenue (Schedule D). Numbers 70, 72 and 78 Ellerslie Ave. are needed for this proposal to get access to the future Service Road. Number 102 Ellerslie Avenue is at the west end of the site and is not needed for road access.

The Department has written to the owners of these properties asking if they consent to the application made for rezoning of their property. We have received letters from the owners of Nos. 72, 78 and 102 Ellerslie Avenue indicating that they do not authorize or consent to the rezoning of their property. Trustees of Willowdale Presbyterian Church (70 Ellerslie Ave.) have indicated that they do not oppose the rezoning of the church's property.

Of the six lots within the Uptown Residential designation, the applicant does not have control of three (Schedule D). The specific development policy for the stable residential lands rests on the premise that they be drawn into a redevelopment of the Uptown lands. Until such time as the applicant has achieved a consolidated land assembly for the lands subject to the rezoning, it is premature to report on this application.

(2)Plan of Subdivision and Site Plan

The proposal includes a new public road within its development to connect with the future Service Road however, the applicant has not submitted a subdivision application. A plan of subdivision is normally required for the laying out of a new public road. The rezoning application has been circulated in order to obtain interim comments where possible. The Works and Emergency Services Department (Public Works) advise that they are unable to provide comments on the development proposal until a plan of subdivision application is submitted together with a preliminary engineering report and geotechnical report.

The applicant has also not included a site plan application, although it is Council policy that in the North York Centre, site plan applications are to be processed concurrent with any rezoning application. The applicant has submitted a conceptual site plan showing the proposed buildings in block form (Schedule C).

(3)Land Use

The proposed townhouses are permitted by the UR2 designation on the portion of the site located in the Uptown. The portion of the site located outside the Uptown is subject to site specific Official Plan policy Part C.9.140 which permits residential uses at a maximum density of 1.0 FSI and maximum height of 3 storeys or 11 metres.

The C.9.140 policy was added to the Official Plan by OPA 381 in 1993 and was appealed by the Yonge Street Area Ratepayers Association and Mr. Don Gray of 69 Churchill Avenue. It has since been identified as Referral #1 to OPA 381 but has not yet had a hearing date scheduled at the Ontario Municipal Board. This applicant has requested the Ontario Municipal Board to schedule a hearing on the Referral.

As part of the preparation of a more detailed site plan, the applicant is encouraged to review the gradation of intensity of built form so that the RD1 portion of the site serves as a transition between the stable residential lands adjacent to the site and the Uptown lands.

(4)Service Road and New Public Road

The site specific policy for the portion of the site located outside of the Uptown requires that if the lands are to be redeveloped, vehicular access is to be taken from the Uptown Service Road and not from Ellerslie Avenue. The applicant is proposing to service much of this development by a new public road to be dedicated to the City and which will connect to the Service Road. The new road would be required to meet Transportation and Public Works specifications.

Part of the site is located in the future Uptown Service Road. The applicant will be required to convey to the City the necessary lands for achieving the Service Road in this area. The conceptual site plan (Schedule C) shows the lands to be conveyed to the City.

Only a portion of the future Uptown Service Road can be completed through this application. In the absence of a full connection through Canterbury Place Park to Churchill Avenue and the realignment of the intersection of Ellerslie Avenue off the east side of Beecroft Road, the future Service Road link will remain unconstructed in this location. The coordination of the extension of hard services from Beecroft Road into the new subdivision across lands which are not yet ready to be incorporated into a constructed Service Road link presents engineering and capital works planning considerations which need to be addressed by the applicant. The applicant should provide an engineering strategy for providing access to this proposed development from Beecroft Road.

(5)Private Road Policy

A portion of the development is to be serviced by a private road. It will be required to comply with the City's private road policy.

(6)Parkland Dedication

The Parks and Recreation Department has indicated that they will be seeking to obtain an on site parkland dedication. The current conceptual site plan does not indicate any parkland conveyance to the City. The applicant should work with the Parks and Recreation Department to accommodate appropriate on site parkland conveyance in a revised site plan.

(7)Issues - City Wide

None.

Conclusions:

The applicant is requesting an amendment to the zoning by-law to permit the construction of a 66 unit 3 storey freehold townhouse development. While the applicant has assembled most of the properties for the rezoning, the applicant does not have authorization from several of the landowners consenting to the rezoning of their properties. In addition, the applicant has not submitted a site plan application for the proposed townhouses or a plan of subdivision for the laying out of a new public road. Without these applications, it is not possible to prepare a planning report on the development proposal.

It is premature to report on this application until a comprehensive land assembly has been achieved, a site plan application and plan of subdivision have been submitted and parkland and transportation issues have been resolved. Staff are prepared to work with the applicant in the resolution of these matters. Community consultation will be coordinated with the local Councillors with the community consultation to be held prior to a final recommendation report.

Contact Name:

Nimrod Salamon, Senior Planner

Phone: 395-7134Fax: 395-7155

(A copy of the Official Plan designations, zoning by-law categories, site plan and property ownership referred to in the foregoing report are on file in the office of the City Clerk, North York Civic Centre.)

45

Other Items Considered by the Community Council

(City Council on July 8, 9 and 10, 1998, received this Clause, for information.)

(a)Ontario Society for the Prevention of Cruelty to Animals - Presentation by Victoria Earle, Chief Executive Officer.

The North York Community Council heard a presentation by Victoria E. R. Earle, Chief Executive Officer, Ontario SPCA, with respect to the work of the Ontario Society for the Prevention of Cruelty to Animals in the community.

The Ontario SPCA is celebrating 125 years of protecting animals across the Province and its investigations include cruelty under the Ontario SPCA Act, rehabilitation and treatment, as well as finding homes for unwanted animals, and education.

Ms. Earle advised the North York Community Council that the Ontario SPCA, in collaboration with the local branch, is launching initiatives to improve service and help animals.

(April 23, 1998) from Ms. Victoria E. R. Earle, Chief Executive Officer, Ontario Society for the Prevention of Cruelty to Animals, requesting permission to address the North York Community Council with respect to the work of the SPCA in the North York community.

(b)Continuation of Statutory Public Meeting - Zoning Amendment Application UDZ-96-30 - Harry Snoek - 15-19 Finch Avenue West and 7-11 Blakely Road - North York Centre.

The North York Community Council reports having deferred consideration of the following report to its next meeting scheduled for July 22, 1998 and that it be considered as a continuation of the public meeting on that date at 2:45 p.m.:

The North York Community Council also requested that:

(1)recommendation 3(e) of the report dated Mary 18, 1998 from the Acting Commissioner of Planning be amended to read as follows:

"the property identified municipally as 11 Blakely Road described as Lot 88, Registered Plan 3705 has been conveyed to the City, subject to the existing tenancy";

(2)that staff of the Real Estate Division be directed to negotiate, and bring to Council for approval, a Purchase and Sale Agreement for the acquisition of 31 Lorraine Drive, at fair market value and in accordance with the City's acquisition/purchasing policies, for parks purposes, utilizing funds from the Parkland Acquisition Account (Account No. 007-435-000); and

(3)that staff of the Transportation Division, North York Civic Centre, bring forward to the North York Community Council, a plan and timetable for the completion of the service road for its meeting of July 22, 1998.

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

(i)(June 10, 1998) from Virginia M. West, Commissioner of Urban Planning and Development Services, responding to the motion made by the North York Community Council at its meeting held on May 6, 1998;

(ii)(June 11, 1998) from Ms. Kim Kovar, Aird & Berlis, Barristers and Solicitors, Solicitor on behalf of the applicant;

(iii)(undated) from Mr. John Monita, forwarding a petition containing 108 signatures and 78 letters from area residents forwarding their comments on the proposed application;

(iv)(June 24, 1998) from William deBacker, President, Edithvale-Yonge Community Association, requesting that the City purchase 31 Lorraine Drive for parks purposes, in light of the fact that it has recently been placed on the market for sale; and

(v)(June 24, 1998) from Sharolyn Vettese, Chair, on behalf of the Yonge Street Area Ratepayer Associations, commenting on the parkland and service road issues.

A staff presentation was made by Karen Whitney, Planner, Planning Department, North York Civic Centre.

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

-Ms. Kim Kovar, Aird and Berlis, Barristers and Solicitors, Solicitor on behalf of the applicant, who commented on the merits of the application. She further indicated that there would appear to be two issues which are of interest to the residents The first being the parkland issue and the second being the service road issue.

With respect to the parkland issue, she indicated that the applicant will be required to pay cash-in-lieu of parkland, in accordance with the Official Plan policies of the North York Centre Secondary Plan OPA 447. She pointed out that the Willowdale West community is not deficient but that in fact it has a surplus of parkland.

With respect to the service road issue, the applicant, although not required to, purchased 11 Blakely Avenue so that it can be conveyed to the City to be used for the service road. This development does not trigger the need to build the functional section of the service road but the applicant acquired the lands in order to address the concerns expressed by the community.

In concluding Ms. Kovar indicated that the applicant concurred with the recommendations contained in the report from the Acting Commissioner of Planning dated March 18, 1998 with the exception of 3(e) which should be amended by adding the words, "subject to the existing tenancy".;

-Mr. Jim Morwood, 23 Holmes Avenue, who expressed concern with the increased level of traffic penetrating the residential areas as a result of piece-meal development. He also indicated that the service road should be completed in order to alleviate the traffic congestion in the area;

-Ms. Sharolyn Vettese, Chair, on behalf of the Yonge Street Area Ratepayer Associations, who commented on the parkland and service road issues. In her opinion, the Supplementary Report does not satisfactorily address the concerns regarding these two issues.

With respect to the parkland, she pointed out that the City Centre is one of the most parkland deficient areas in the former City of North York. There has been little success in getting parkland within the City Centre and that is why the new policies consider obtaining land in the immediate environs. Often parkland is not available at the desired time for various reasons and therefore polices have to be in place, and property owners have to want to sell when the money is available to buy those properties. Property values may go up in the future and available funds may not be adequate. The Yonge Street Area Ratepayer Associations request that 31 Lorraine Drive be purchased either by the applicant or by the Parks Acquisition Fund at this time before another opportunity to gain parkland is lost.

With respect to the service road, the report does not answer the question of what is the likelihood of it being built, given the multi-owner make-up of most of the blocks in the former Uptown, and the new megacity policies. She further indicated that ratepayers view the service road as an important physical barrier between the redevelopment and the stable residential neighbourhoods so that they can continue to enjoy their homes adjacent to the redevelopment; and

-Mr. John Monita who indicated that since the last public meeting on this proposal, he canvassed the residents in the area and acquired 125 signatures on a petition and 185 letters from residents expressing concern with traffic infiltration. He outlined the importance of the service road being completed and was of the opinion that a partially implemented service road would be more of a hinderence than a help.

Mr. Monita further indicated that until a proper service road and infrastructure are in place, this proposal is premature and should not be approved until this issue has been addressed.

________

A.Councillor Filion, North York Centre South, moved that:

WHEREAS new development in and around Lorraine Drive will generate additional residential demand for parkland; and

WHEREAS the City has acquired a portion of 27 Lorraine Drive and all of 29 Loraine Drive for parks purposes, and

WHEREAS it is the City's long range plan to acquire additional parkland in the North York City Centre; and

WHEREAS the Service Road is planned to be developed immediately adjacent to 31 Lorraine Drive; and

WHEREAS the Economic Development, Culture, and Tourism Department supports further acquisition in the area; and

WHEREAS the owners of 31 Lorraine Drive have placed their home on the market for sale;

THEREFORE BE IT RESOLVED that staff be directed to negotiate, and bring to Council for approval, a Purchase and Sale Agreement for the acquisition of 31 Lorraine Drive, at fair market value, for parks purposes, utilizing funds from the Parkland Acquisition Account (Account No. 007-435-000).

B.Councillor Filion, North York Centre, moved that:

(i)recommendation 3(e) of the report dated May 18, 1998 from the Acting Commissioner of Planning be amended to read as follows:

"the property identified municipally as 11 Blakely Road described as Lot 88, Registered Plan 3705 has been conveyed to the City, subject to the existing tenancy"; and

(ii)that staff bring forward to the North York Community Council, a plan and timetable for the completion of the service road for its meeting of July 22, 1998.

C.Councillor Gardner, North York Centre, moved in amendment to foregoing motion A. by Councillor Filion, North York Centre, that the matter be deferred for one month and the following words be inserted after the words, fair market value, "and in accordance with the City's acquisition/purchasing policies"

A recorded vote on motion A. by Councillor Filion was as follows:

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

AGAINST:NIL

ABSENT:Councillors Augimeri, Shiner, King

Carried

A recorded vote on Part (ii) of motion B by Councillor Filion was as follows:

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

AGAINST:NIL

ABSENT:Councillors Augimeri, Shiner, King

Carried

A recorded vote on motion C by Councillor Gardner was as follows:

FOR:Councillors Mammoliti, Sgro, Li Preti, Moscoe, Augimeri, Feldman, Berger, Gardner, Chong, Filion, Minnan-Wong

AGAINST:Councillor Flint

ABSENT:Councillors Augimeri, Shiner, King

Carried

(A copy of the draft zoning by-law amendment, schedules and appendices referred to in the foregoing reports is on file in the office of the City Clerk, North York Civic Centre.)

(c)Parking Prohibitions - Clearcrest Avenue and Creekside Road - North York Centre.

The North York Community Council reports having deferred sine die the following report:

(June 8, 1998) from the Commissioner of Transportation, North York Civic Centre, recommending enactment of a by-law to prohibit parking between 8:00 a.m. and 6:00 p.m., Monday to Friday, on the north side of Clearcrest Avenue, from the westerly limit of Creekside Road to a point 45 metres westerly, and on the west side of Creekside Road, from the northerly limit of Clearcrest Avenue to a point 20 metres northerly.

(d)Parking Prohibitions - Goulding Avenue - North York Centre.

The North York Community Council reports having deferred sine die the following report:

(June 8, 1998) from the Commissioner of Transportation, North York Civic Centre, recommending enactment of a by-law to prohibit parking at anytime on the south side of Goulding Avenue, from the westerly limit of Cactus Avenue to the easterly limit of Peckham Avenue.

(e)Final Recommendation Report - Official Plan and Zoning Amendment Applications UDOZ-97-11 - The Park Avenues of North York - 134 to 140 Finch Avenue West, 11 and 15 Carney Road and the Rear of 16 to 18 Altamont Road - North York Centre.

The North York Community Council recommends having received the following report and having authorized staff to schedule a public meeting:

(June 10, 1998) from the Acting Commissioner of Planning, North York Civic Centre, reporting on an application to amend the Official Plan and Zoning By-law to permit a residential development comprised of 148 condominium stacked townhouse units and submitting recommendations with respect thereto.

(f)Recommendation Report - Zoning Study UD43-KIR - South Side of Kirby Road - North York Humber.

The North York Community Council reports having received the following report and having authorized staff to schedule a public meeting:

(June 11, 1998) from the Acting Commissioner of Planning, North York Civic Centre, reporting on a zoning by-law amendment to change the zoning designation for the lots on the south side of Kirby Road and submitting recommendations with respect thereto.

(g)Heritage Services - Governance Structure and Staffing.

The North York Community Council reports having referred the following communication (June 12, 1998) from Mr. Lawrence Leonoff, Chair, North York Heritage Committee, to the Special Committee to Review the Final Report of the Toronto Transition Team without comment:

(June 12, 1998) from Mr. Lawrence Leonoff, Chair, North York Heritage Committee, requesting endorsement on the position of the Heritage Committee, and requesting that this be forwarded to the Special Committee to Review the Final Report of the Toronto Transition Team for consideration.

(h)Claim - Reimbursement for Damages During The Bridle Path Area Road Reconstruction - 77 The Bridle Path - North York Centre South.

The North York Community Council reports having deferred consideration of the following communication to its next meeting scheduled for July 22, 1998:

(May 19, 1998) from Councillor Joanne Flint, North York Centre South, forwarding a request from the owner of 77 The Bridle Path for compensation for costs incurred as a result of damage to his sprinkler system by the contractor during the local improvements to The Bridle Path area last year.

(i)Refund of Reimbursement Paid for Damage to City Trees - 105 Wigmore Drive - Don Parkway.

The North York Community Council reports having deferred the following report to its next meeting to be held on July 22, 1998:

(June 5, 1998) Commissioner, Economic Development, Culture and Tourism recommending that the $500.00 damage reimbursement be retained by the City and applied towards the costs for City arborists to perform remedial pruning to rectify the damage caused by the unauthorized and improper pruning of two trees in front of 105 Wigmore Drive.

(j)Proposed Amendment to Low Lot By-law No. 7273 - Lots 799 and 800, Plan M-108 (Between 446 and 466 Bedford Park Avenue) - North York Centre South.

The North York Community Council reports having deferred consideration of the draft by-law to amend the City of North York By-law No. 7273, as amended, to its next meeting scheduled for July 22, 1998.

(i)Clause 28(b) embodied in Report No. 6 of the North York Community Council, as deferred by its meeting held on May 27, 1998;

(ii)draft by-law to amend the City of North York By-law No. 7273; and

(iii)(June 22, 1998) from the Councillor Joanne Flint, North York Centre South, forwarding a Notice of Motion.

(k)Black Creek Business Area Association Revitalization Action Plan - Presentation by Ella Jackson, Chair, Black Creek Business Area Association - North York Humber and York Humber.

The North York Community Council reports having:

(1)received the following report (June 19, 1998) from the Director, York Economic Development Office and the Executive Director, North York Economic Development Office;

(2)forwarded the report and accompanying Black Creek Business Area Association Revitalization Action Plan to the Economic Development Standing Committee for information; and

(3)referred the Black Creek Business Area Association Revitalization Action Plan to the Commissioner of Economic Development, Culture and Tourism for reports to the appropriate committee(s) as necessary, with respect to the implementation of projects recommended through the Revitalization Action Plan.

(June 19, 1998) from the Director, York Economic Development Office and the Executive Director, North York Economic Development Office, submitting recommendations with respect to the Action Plan.

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

-Ms. Ella Jackson, Chair, Black Creek Business Area Association, who filed a copy of her submission with the City Clerk; and

-Mr. Lorne Berg, Executive Director, Black Creek Business Area Association.

(A copy of the Black Creek Business Area Association Revitalization Action Plan and Ms. Jackson's submission is on file in the office of the City Clerk, North York Civic Centre.)

(l)Proposed Sale of Lot 198 - Woburn Avenue, Registered Plan M-108 - North York Centre South.

The North York Community Council reports having deferred the following communication to its next meeting to be held on July 22, 1998:

(June 8, 1998) from the City Clerk advising that City Council at its meeting held on June 3, 4 and 5, 1998, struck out and referred back to the North York Community Council for further consideration Clause 28 of Report No. 7 of the Corporate Services Committee, headed "Proposed Sale of Lot 198 - Woburn Avenue, Registered Plan M-108 - North York Centre South".

(m)Purchase of Surplus Density from City-owned Land by Symphony Square Ltd. - 29 Lorraine Drive - North York Centre.

The North York Community Council reports having:

(1)recommended to the Corporate Services Committee that:

(a)the "Offer to Purchase" from Symphony Square Ltd. to purchase 19,660 square feet of density for the sum of $400,000.00 be accepted and the Chief Financial Officer and Treasurer and the City Clerk be authorized to execute same;

(b)proceeds from the sale be credited to Account No. 007-435-000-8340;

(c)the sale be subject to all applicable levies; and

(d)the appropriate City officials be authorized to take all actions necessary to finalize this matter;

(2)requested the Chief Financial Officer and Treasurer to provide a supplementary report to City Council when this matter is before it for final approval on what levies would be applicable to the additional density in the event that either a rezoning application or a Committee of Adjustment application is received; and

(3)received the following communication:

(June 8, 1998) from the City Clerk advising that City Council at its meeting held on June 3, 4 and 5, 1998, struck out and referred back to the North York Community Council for further consideration Clause 28 of Report No. 7 of the Corporate Services Committee, headed "Proposed Sale of Lot 198 - Woburn Avenue, Registered Plan M-108 - North York Centre South".

A recorded vote on a motion by Councillor Filion, North York Centre, to approve the sale of the density, was as follows:

FOR:Councillors Sgro, Li Preti, Moscoe, Augimeri, Feldman, Berger, Gardner, Filion, Minnan-Wong, Shiner

AGAINST:Councillors Mammoliti, Flint

ABSENT:Councillors Chong, King

Carried

A recorded vote on a motion by Councillor Filion, North York Centre, that the sale be subject to all applicable levies, was as follows:

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

AGAINST:NIL

ABSENT:Councillors Chong, King

Carried

(n)Change in North-End Looping of 97 Yonge Bus Route - Results of Public Consultation.

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

(June 22, 1998) from Mr. Vincent Rodo, General Secretary, Toronto Transit Commission, advising that the previously approved six-month trial period for this routing proceed with a report to follow at the end of that trial.

Respectfully submitted,

MILTON BERGER,

Chair

Toronto, June 24, 1998

(Report No. 7 of The North York Community Council, including additions thereto, was adopted, as amended, by City Council on July 8, 9 and 10, 1998.)