City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council enact the draft by-law from the City Solicitor to permanently close the public lane known as Barnaby Place as a public highway and be sold upon the terms and conditions set out in Toronto and East York Community Council Item TE26.53 adopted by City Council at its meeting held on May 25, 26, and 27, 2009.

The Toronto and East York Community Council recommends that:

 

1.         City Council enact the draft by-law from the City Solicitor to permanently close the public lane known as Barnaby Place as a public highway and be sold upon the terms and conditions set out in Toronto and East York Community Council Item TE26.53 adopted by City Council at its meeting held on May 25, 26, and 27, 2009.

To enact a By-law to permanently close the public lane known as Barnaby Place as a public highway and be sold upon the terms and conditions set out in Toronto and East York Community Council Item TE26.53 adopted by City Council at its meeting held on May 25, 26, and 27, 2009.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council enact the draft by-law from the City Solicitor to permanently close a below‑grade portion of Bremner Boulevard as a public highway and be sold upon the terms and conditions set out in Toronto and East York Community Council Item TE24.102, as adopted by City Council at its meeting held on April 6, 2009.

The Toronto and East York Community Council recommends that:

 

1.         City Council enact the draft by-law from the City Solicitor to permanently close a below-grade portion of Bremner Bouleveard as a public highway and be sold upon the terms and conditions set out in Toronto and East York Community Council Item TE24.102, as adopted by City Council at its meeting held on April 6, 2009.

To enact a By-law to permanently close a below-grade portion of Bremner Boulevard, and be sold upon the terms and conditions set out in Toronto and East York Community Council Item TE24.102, as adopted by City Council at its meeting held on April 6, 2009.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council enact the draft by-law from the City Solicitor to permanently close to vehicular traffic portions of the north boulevard of the public highway Lake Shore Boulevard East, between Carlaw Avenue and the Don Valley Parkway.

The Toronto and East York Community Council recommends that:

 

1.         City Council enact the draft by-law from the City Solicitor to permanently close to vehicular traffic portions of the north boulevard of the public highway Lake Shore Boulevard East, between Carlaw Avenue and the Don Valley Parkway.

To enact a By-law to permanently close to vehicular traffic portions of the North Boulevard of the public highway Lake Shore Boulevard East between Carlaw Avenue and the Don Valley Parkway.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council enact the draft by-law from the City Solicitor to permanently close to vehicular traffic portions of the north boulevard of the public highway Lake Shore Boulevard East, between Leslie Street and Coxwell Avenue.

The Toronto and East York Community Council recommends that:

 

1.         City Council enact the draft by-law from the City Solicitor to permanently close to vehicular traffic portions of the north boulevard of the public highway Lake Shore Boulevard East, between Leslie Street and Coxwell Avenue.

To enact a By-law to permanently close to vehicular traffic portions of the north boulevard of the public highway Lake Shore Boulevard East, between Leslie Street and  Coxwell Avenue.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council amend Zoning By-law 438‑86, as amended, substantially in accordance with the draft Zoning By‑law Amendment attached as Attachment No. 8.

 

2.         City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director of City Planning, to make such stylistic and technical changes to the draft Zoning By‑law Amendment as may be required to give effect to the intent of the recommendations contained in this report.

 

3.         Before introducing the necessary Bills for enactment, City Council authorize the appropriate City officials and require the owner to execute one or more agreements pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director of City Planning Division and the City Solicitor. The agreements are to be registered on title to the lands in a manner satisfactory to the City Solicitor and to secure the following matters from the owner at its expense:

 

a.         Provide and maintain thereafter public art having a minimum value of $25,000 to be located on a publicly accessible portion of the lot, or in Bellevue Square Park, to the satisfaction of the Chief Planner and Executive Director of City Planning.

 

Although the following matters are not considered to be Section 37 contributions or benefits, they will be secured in the Section 37 Agreement:

 

b.         The owner shall incorporate in the construction of the building, and maintain exterior building and landscape materials satisfactory to the Chief Planner and Executive Director of City Planning.

 

c.         The owner shall provide detailed 1:50 elevations of the building podium level to the satisfaction of the Chief Planner and Executive Director of City Planning.

 

d.         The owner shall provide and maintain trees and a continuous soil trench within the Leonard Street road allowance to the satisfaction of the Director of Urban Forestry.

 

e.         The owner shall provide and maintain an irrigation system for the proposed trees within the public road allowance, including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer for all new trees in the public rights‑of‑way, satisfactory to the Executive Director, Technical Services and the General Manager, Parks, Forestry and Recreation.

 

f.          The owner shall provide the City with documentation as to LEED certification of the development and the project documentation that will provide information on the LEED certification.

 

g.         The owner shall be encouraged to build in conformity with the Green Development Standard Checklist received by the Chief Planner and Executive Director of City Planning Division on December 29, 2008.

 

h.         Prior to final Site Plan Approval, the owner shall submit to the Executive Director, Technical Services for review and acceptance, a site servicing review to demonstrate how this site will be serviced and whether the existing municipal infrastructure is adequate.

 

i.          The owner shall pay for and construct any improvements to the existing watermain system should the results of a fire hydrant flow test conclude that it needs to be upgraded to provide the proposed development with adequate flow and pressure.

 

j.          The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report as accepted by the Executive Director of Technical Services, should it be determined that improvements to such infrastructure are required to support this development.

 

k.         The owner shall agree to include landscaping details for the area at the northeast intersection of Leonard Avenue and Nassau Street in the Site Plan Approval Application.

 

4.         The owner shall comply with any other conditions set forth in any other agreement required to ensure the orderly development and phasing of the lands as required by the Chief Planner and Executive Director of City Planning, acting reasonably.

 

5.         City Council authorizes City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above-noted recommendations.

The Toronto and East York Community Council recommends that:

 

1.         City Council amend Zoning By-law 438-86, as amended, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8.

 

2.         City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director of City Planning, to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required to give effect to the intent of the recommendations contained in this report.

 

3.         Before introducing the necessary Bills for enactment, City Council authorize the appropriate City officials and require the owner to execute one or more agreements pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director of City Planning Division and the City Solicitor. The agreements are to be registered on title to the lands in a manner satisfactory to the City Solicitor and to secure the following matters from the owner at its expense:

 

a.         Provide and maintain thereafter public art having a minimum value of $25,000 to be located on a publicly accessible portion of the lot, or in Bellevue Square Park, to the satisfaction of the Chief Planner and Executive Director of City Planning.

 

Although the following matters are not considered to be Section 37 contributions or benefits, they will be secured in the Section 37 Agreement:

 

b.         The owner shall incorporate in the construction of the building, and maintain exterior building and landscape materials satisfactory to the Chief Planner and Executive Director of City Planning.

 

c.         The owner shall provide detailed 1:50 elevations of the building podium level to the satisfaction of the Chief Planner and Executive Director of City Planning.

 

d.         The owner shall provide and maintain trees and a continuous soil trench within the Leonard Street road allowance to the satisfaction of the Director of Urban Forestry.

 

e.         The owner shall provide and maintain an irrigation system for the proposed trees within the public road allowance, including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer for all new trees in the public rights-of-way, satisfactory to the Executive Director, Technical Services and the General Manager, Parks, Forestry and Recreation.

 

f.          The owner shall provide the City with documentation as to LEED certification of the development and the project documentation that will provide information on the LEED certification.

 

g.         The owner shall be encouraged to build in conformity with the Green Development Standard Checklist received by the Chief Planner and Executive Director of City Planning Division on December 29, 2008.

 

h.         Prior to final Site Plan Approval, the owner shall submit to the Executive Director, Technical Services for review and acceptance, a site servicing review to demonstrate how this site will be serviced and whether the existing municipal infrastructure is adequate.

 

i.          The owner shall pay for and construct any improvements to the existing watermain system should the results of a fire hydrant flow test conclude that it needs to be upgraded to provide the proposed development with adequate flow and pressure.

 

j.          The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report as accepted by the Executive Director of Technical Services, should it be determined that improvements to such infrastructure are required to support this development.

 

k.         The owner shall agree to include landscaping details for the area at the northeast intersection of Leonard Avenue and Nassau Street in the Site Plan Approval Application.

 

4.         The owner shall comply with any other conditions set forth in any other agreement required to ensure the orderly development and phasing of the lands as required by the Chief Planner and Executive Director of City Planning, acting reasonably.

 

5.         City Council authorizes City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above-noted recommendations.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

This application proposes a nine-storey addition (60.9 metres to the top of the mechanical penthouse), “the Krembil Centre”, to the north-east corner of the existing hospital at 399 Bathurst Street. The addition will contain research and clinical floors as well as hospital care in the form of clinical treatment and rehabilitation facilities.

 

The original proposal has been significantly revised to address the immediate adjacency of the Neighbourhood to the north of the hospital site.

 

This report reviews and recommends approval of the application to amend the Zoning By-law.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council amend Zoning By-law 438-86 for the former City of Toronto, substantially in accordance with the draft Zoning By‑law Amendment attached as Attachment No. 4.

 

2.         Before introducing the necessary Bill to Council for enactment, the owner shall complete the repairs being undertaken pursuant to the Parkdale Pilot Project strategy approved by Toronto City Council on February 3, 2000.  A letter from the Director, Parkdale Pilot Project verifying completion of the required work will be sufficient to enable the Bill to be introduced for enactment.

 

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By‑law Amendment as may be required.

The Toronto and East York Community Council recommends that:

 

1.         City Council amend Zoning By-law 438-86 for the former City of Toronto, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 4.

 

2.         Before introducing the necessary Bill to Council for enactment, the owner shall complete the repairs being undertaken pursuant to the Parkdale Pilot Project strategy approved by Toronto City Council on February 3, 2000.  A letter from the Director, Parkdale Pilot Project verifying completion of the required work will be sufficient to enable the Bill to be introduced for enactment.

 

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

This application proposes to amend Zoning By-law 438-86, as amended, to maintain nine (9) dwelling units in a converted house within the residential building located at 2 Elm Grove Avenue.

 

This proposal meets the criteria of the Parkdale Conflict Resolution Process for the regularization of bachorlorette units which was approved by City Council in February 2000.  The building meets Fire Code and Building Code (subject to comments below) and would encourage the physical maintenance and upgrading of the existing stock of housing in the City.  It would provide safe, affordable housing and maintain the stability of the neighbourhood by continuing the housing balance that has existed in the neighbourhood.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council amend Zoning By-law 438-86 for the former City of Toronto, substantially in accordance with the draft Zoning By‑law Amendment attached as Attachment No. 4.

 

2.         Before introducing the necessary Bill to Council for enactment, the owner shall complete the repairs being undertaken pursuant to the Parkdale Pilot Project strategy approved by Toronto City Council on February 3, 2000.  A letter from the Director, Parkdale Pilot Project verifying completion of the required work will be sufficient to enable the Bill to be introduced for enactment.

 

3.         Before introducing the necessary Bill to Council for enactment, the owner shall submit a landscape plan for the subject property to the satisfaction of the Director, Community Planning, Toronto and East York District.

 

4.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By‑law Amendment as may be required.

The Toronto and East York Community Council recommends that:

 

1.         City Council amend Zoning By-law 438-86 for the former City of Toronto, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 4.

 

2.         Before introducing the necessary Bill to Council for enactment, the owner shall complete the repairs being undertaken pursuant to the Parkdale Pilot Project strategy approved by Toronto City Council on February 3, 2000.  A letter from the Director, Parkdale Pilot Project verifying completion of the required work will be sufficient to enable the Bill to be introduced for enactment.

 

3.         Before introducing the necessary Bill to Council for enactment, the owner shall submit a landscape plan for the subject property to the satisfaction of the Director, Community Planning, Toronto and East York District.

 

4.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

This application proposes to amend Zoning By-law 438-86, as amended, to maintain eighteen (18) dwelling units in a converted house within the residential building located at 5 Glenavon Road.

 

This proposal meets the criteria of the Parkdale Conflict Resolution Process for the regularization of bachorlorette units which was approved by City Council in February 2000.  The building meets Fire Code and Building Code (subject to comments below) and would encourage the physical maintenance and upgrading of the existing stock of housing in the City.  It would provide safe, affordable housing and maintain the stability of the neighbourhood by continuing the housing balance that has existed in the neighbourhood.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council amend Zoning By-law 438-86 for the former City of Toronto, substantially in accordance with the draft Zoning By‑law Amendment attached as Attachment No. 4.

 

2.         Before introducing the necessary Bill to Council for enactment, the owner shall complete the repairs being undertaken pursuant to the Parkdale Pilot Project strategy approved by Toronto City Council on February 3, 2000.  A letter from the Director, Parkdale Pilot Project verifying completion of the required work will be sufficient to enable the Bill to be introduced for enactment.

 

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By‑law Amendment as may be required.

The Toronto and East York Community Council recommends that:

 

1.         City Council amend Zoning By-law 438-86 for the former City of Toronto, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 4.

 

2.         Before introducing the necessary Bill to Council for enactment, the owner shall complete the repairs being undertaken pursuant to the Parkdale Pilot Project strategy approved by Toronto City Council on February 3, 2000.  A letter from the Director, Parkdale Pilot Project verifying completion of the required work will be sufficient to enable the Bill to be introduced for enactment.

 

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

This application proposes to amend Zoning By-law 438-86, as amended, to maintain four (4) dwelling units in a converted house within the residential building located at 8 Spencer Avenue.

 

This proposal meets the criteria of the Parkdale Conflict Resolution Process for the regularization of bachorlorette units which was approved by City Council in February 2000.  The building meets Fire Code and Building Code (subject to comments below) and would encourage the physical maintenance and upgrading of the existing stock of housing in the City.  It would provide safe, affordable housing and maintain the stability of the neighbourhood by continuing the housing balance that has existed in the neighbourhood.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council amend Zoning By-law 438-86 for the former City of Toronto, substantially in accordance with the draft Zoning By‑law Amendment attached as Attachment No. 4.

 

2.         Before introducing the necessary Bill to Council for enactment, the owner shall complete the repairs being undertaken pursuant to the Parkdale Pilot Project strategy approved by Toronto City Council on February 3, 2000.  A letter from the Director, Parkdale Pilot Project verifying completion of the required work will be sufficient to enable the Bill to be introduced for enactment.

 

3.         Before introducing the necessary Bill to Council for enactment, the owner shall submit a landscape plan for the front yard of the subject property to the satisfaction of the Director, Community Planning, Toronto and East York District.

 

4.         Before introducing the necessary Bill to Council for enactment, the owner shall submit a tenant relocation plan to the satisfaction of the Director, Policy and Research, City Planning Division.

 

5.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By‑law Amendment as may be required.

The Toronto and East York Community Council recommends that:

 

1.         City Council amend Zoning By-law 438-86 for the former City of Toronto, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 4.

 

2.         Before introducing the necessary Bill to Council for enactment, the owner shall complete the repairs being undertaken pursuant to the Parkdale Pilot Project strategy approved by Toronto City Council on February 3, 2000.  A letter from the Director, Parkdale Pilot Project verifying completion of the required work will be sufficient to enable the Bill to be introduced for enactment.

 

3.         Before introducing the necessary Bill to Council for enactment, the owner shall submit a landscape plan for the front yard of the subject property to the satisfaction of the Director, Community Planning, Toronto and East York District.

 

4.         Before introducing the necessary Bill to Council for enactment, the owner shall submit a tenant relocation plan to the satisfaction of the Director, Policy and Research, City Planning Division.

 

5.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

This application proposes to amend Zoning By-law 438-86, as amended, to maintain six (6) dwelling units in a converted house within the residential building located at 21 Thorburn Avenue.

 

This proposal meets the criteria of the Parkdale Conflict Resolution Process for the regularization of bachorlorette units which was approved by City Council in February 2000.  The building meets Fire Code and Building Code (subject to comments below) and would encourage the physical maintenance and upgrading of the existing stock of housing in the City.  It would provide safe, affordable housing and maintain the stability of the neighbourhood by continuing the housing balance that has existed in the neighbourhood.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council amend Zoning By-law 438-86 for the former City of Toronto, substantially in accordance with the draft Zoning By‑law Amendment attached as Attachment No. 4.

 

2.         Before introducing the necessary Bill to Council for enactment, the owner shall complete the repairs being undertaken pursuant to the Parkdale Pilot Project strategy approved by Toronto City Council on February 3, 2000.  A letter from the Director, Parkdale Pilot Project verifying completion of the required work will be sufficient to enable the Bill to be introduced for enactment.

 

3.         Before introducing the necessary Bill to City Council for enactment, the owner shall submit a landscape plan for the front yard of the subject property to the satisfaction of the Director, Community Planning, Toronto and East York District.

 

4.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By‑law Amendment as may be required.

The Toronto and East York Community Council recommends that:

 

1.         City Council amend Zoning By-law 438-86 for the former City of Toronto, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 4.

 

2.         Before introducing the necessary Bill to Council for enactment, the owner shall complete the repairs being undertaken pursuant to the Parkdale Pilot Project strategy approved by Toronto City Council on February 3, 2000.  A letter from the Director, Parkdale Pilot Project verifying completion of the required work will be sufficient to enable the Bill to be introduced for enactment.

 

3.         Before introducing the necessary Bill to City Council for enactment, the owner shall submit a landscape plan for the front yard of the subject property to the satisfaction of the Director, Community Planning, Toronto and East York District.

 

4.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

This application proposes to amend Zoning By-law 438-86, as amended, to maintain seven (7) dwelling units in a converted house within the residential building located at 59 Wilson Park Road.

 

This proposal meets the criteria of the Parkdale Conflict Resolution Process for the regularization of bachorlorette units which was approved by City Council in February 2000.  The building meets Fire Code and Building Code (subject to comments below) and would encourage the physical maintenance and upgrading of the existing stock of housing in the City.  It would provide safe, affordable housing and maintain the stability of the neighbourhood by continuing the housing balance that has existed in the neighbourhood.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council amend former City of Toronto Zoning By-law No. 438‑86, as amended, substantially in accordance with the draft Zoning By-law amendment attached as Attachment No. 4.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By‑law amendment as may be required.

The Toronto and East York Community Council recommends that:

 

1.         City Council amend former City of Toronto Zoning By-law No. 438-86, as amended, substantially in accordance with the draft Zoning By-law amendment attached as Attachment No. 4.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law amendment as may be required.

This City-initiated Zoning By-law amendment is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

The City of Toronto’s Cultural Affairs Division proposes to build a multi-purpose Visitor Centre (“Visitor Centre”) on the lands municipally known as 100 Garrison Road and 800 Fleet Street, which are part of the Fort York National Historic Site (“Fort York”). The Visitor Centre will include, among other uses, a museum gift shop and a small café/restaurant to service visitors to Fort York. The need for a Visitor Centre has been recognized in a number of planning studies prepared for Fort York over the past 20 years. The Visitor Centre is part of the City’s Capital Budget and is one of the legacy projects for the upcoming Bicentennial of the War of 1812 commemoration.

 

The lands known as 100 Garrison Road and 800 Fleet Street are currently zoned ‘G’ (parkland). The proposed Visitor Centre includes commercial uses (retail gift shop and restaurant) that are not permitted in a ‘G’ zone. Fort York is a public museum that existed on the subject lands prior to the enactment of the former City of Toronto General Zoning By-law No. 438-86, as amended, and is therefore a legal non-conforming use.

 

The proposal is to amend the General Zoning By-law No. 438-86, as amended, to recognize and permit the existing public museum and related uses within City parkland as well as to permit the erection and use of a new multi-purpose Visitor Centre with a restaurant and gift shop.

 

Site Plan Approval for the Visitor Centre will also be required following the Zoning By-law amendment.

 

This report recommends approval of the proposed amendments to the Zoning By-law.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council authorize the City Solicitor and City Staff to appear before the Ontario Municipal Board in support of the proposed Zoning By‑law Amendment as detailed in the Recommendations section contained in the staff report dated May 22, 2009, and request the Ontario Municipal Board to withhold its final Order approving such Zoning By‑law Amendment pending execution by the Owner of the Section 37 Agreement as described in the staff report.

 

2.         City Council receive for information the report dated May 22, 2009 from the Director, Community Planning, Toronto and East York District, entitled “Final Report - 23, 25, 27 and 29 Stafford Street - Rezoning Application”.

The Toronto and East York Community Council recommends that:

 

1.         City Council authorize the City Solicitor and City Staff to appear before the Ontario Municipal Board in support of the proposed Zoning By-law Amendment as detailed in the Recommendations section contained in the staff report dated May 22, 2009, and request the Ontario Municipal Board to withhold its final Order approving such Zoning By-law Amendment pending execution by the Owner of the Section 37 Agreement as described in the staff report.

 

2.         City Council receive for information the report dated May 22, 2009 from the Director, Community Planning, Toronto and East York District, entitled “Final Report - 23, 25, 27 and 29 Stafford Street - Rezoning Application”.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

This application proposes to redevelop the properties at 23-29 Stafford Street with a terraced 10-storey condominium containing 104 residential units and three levels of underground parking.

 

This report reviews and recommends approval of the application to amend the Zoning By-law.

A report from Community Planning dated May 22, 2009, recommending approval of the proposal to redevelop the properties at 23-29 Stafford Street with a terraced 10 storey condominium containing 104 residential units and three levels of underground parking was to have been considered by Toronto and East York Community Council on June 23, 2009. This meeting was cancelled as a result of the recent labour disruption.

 

On June 29, 2009, the applicant filed an appeal to the Ontario Municipal Board (OMB) for City Council’s failure to make a decision within the statutory timelines for the Zoning By-law Amendment application.  The OMB hearing has been scheduled for October 21, 2009.

 

The applicant intends to proceed with the scheduled October 21^st hearing to request that the Ontario Municipal Board approve the draft Zoning By-law Amendment prepared by City staff.  The amendment was included as part of the May 22, 2009 report to Community Council that recommended approval of the 10-storey building.

 

This report recommends that Council authorize staff to attend the Ontario Municipal Board in support of the rezoning application as outlined in the recommendations contained within the staff report dated May 22, 2009.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council request appropriate staff to continue to process and to prepare final reports for the following applications for Zoning By‑Law Amendments, which were put on “hold” pending Council’s consideration of the King‑Spadina Built Form Study (refer to Toronto and East York Community Council Decisions TE17.30 through TE17.33 and TE17.35 at its meeting of July 7, 2008):

 

-           60 John Street/12-18 Mercer Street;

-           181-199 Richmond Street/10 Nelson Street;

-           355 King Street West/119 Blue Jays Way;

-           295 Adelaide Street West/100-104 John Street; and

-           21-33 Widmer Street/299 Adelaide Street West.

 

2.         City Council request the Chief Planner and Executive Director, City Planning Division to report to Toronto and East York Community Council on the heritage district potential and scope of work for a Heritage Conservation District Study within the portion of the King‑Spadina East Precinct bounded by Simcoe Street, the north side of Richmond Street West, Spadina Avenue, the south side of King Street West to Peter Street, the south side of Mercer Street between Peter and John Street, and the north side of King Street West from John Street to Simcoe Street.

 

3.         City Council request the General Manager, Transportation Services to study and report back to Toronto and East York Community Council on the feasibility, funding and appropriate scope of a more detailed analysis, reporting on implementation impacts of turning Richmond Street and Adelaide Street into two‑way streets.

 

4.         City Council request Planning staff to negotiate Section 37 agreements within the King‑Spadina East Precinct, where appropriate, to provide funding for Heritage Conservation District studies, subject to the appropriate Official Plan Amendment coming into force and effect, and John Street streetscape improvements, such that funds become available prior to the introduction of Bills in Council.

 

5.         City Council request Planning staff to host a community meeting to review the interim recommendations of this report, and a second community meeting to review draft Secondary Plan and Zoning By‑law amendments and draft updated King Spadina Area Urban Design Guidelines.

 

6.         City Council request the Chief Planner and Executive Director, City Planning Division to prepare updated King Spadina Area Urban Design Guidelines, Secondary Plan and Zoning By‑law Amendments for the East Precinct to implement the recommendations of the Built Form Study, after the first community meeting.

 

7.         City Council request the Chief Planner and Executive Director, City Planning Division to investigate and report on the appropriateness of a Development Permit System (DPS), and whether the King‑Spadina East Precinct would be a suitable pilot project for the application of the DPS.

 

8.         City Council make the John Street Cultural Corridor project a City priority.

 

9.         City Council authorize the General Manager, Transportation Services to undertake an environmental assessment for the John Street Cultural Corridor project as soon as possible, with due regard to current commitments, competing priorities and staffing constraints.

The Toronto and East York Community Council recommends that:

 

1.         City Council request appropriate staff to continue to process and to prepare final reports for the following applications for Zoning By-Law Amendments, which were put on “hold” pending Council’s consideration of the King-Spadina Built Form Study (refer to Toronto and East York Community Council Decisions TE17.30 through TE17.33 and TE17.35 at its meeting of July 7, 2008):

 

-           60 John Street/12-18 Mercer Street;

-           181-199 Richmond Street/10 Nelson Street;

-           355 King Street West/119 Blue Jays Way;

-           295 Adelaide Street West/100-104 John Street; and

-           21-33 Widmer Street/299 Adelaide Street West.

 

2.         City Council request the Chief Planner and Executive Director, City Planning Division to report to Toronto and East York Community Council on the heritage district potential and scope of work for a Heritage Conservation District Study within the portion of the King-Spadina East Precinct bounded by Simcoe Street, the north side of Richmond Street West, Spadina Avenue, the south side of King Street West to Peter Street, the south side of Mercer Street between Peter and John Street, and the north side of King Street West from John Street to Simcoe Street.

 

3.         City Council request the General Manager, Transportation Services to study and report back to Toronto and East York Community Council on the feasibility, funding and appropriate scope of a more detailed analysis, reporting on implementation impacts of turning Richmond Street and Adelaide Street into two-way streets.

 

4.         City Council request Planning staff to negotiate Section 37 agreements within the King-Spadina East Precinct, where appropriate, to provide funding for Heritage Conservation District studies, subject to the appropriate Official Plan Amendment coming into force and effect, and John Street streetscape improvements, such that funds become available prior to the introduction of Bills in Council.

 

5.         City Council request Planning staff to host a community meeting to review the interim recommendations of this report, and a second community meeting to review draft Secondary Plan and Zoning By-law amendments and draft updated King Spadina Area Urban Design Guidelines.

 

6.         City Council request the Chief Planner and Executive Director, City Planning Division to prepare updated King Spadina Area Urban Design Guidelines, Secondary Plan and Zoning By-law Amendments for the East Precinct to implement the recommendations of the Built Form Study, after the first community meeting.

 

7.         City Council request the Chief Planner and Executive Director, City Planning Division to investigate and report on the appropriateness of a Development Permit System (DPS), and whether the King-Spadina East Precinct would be a suitable pilot project for the application of the DPS.

 

8.         City Council make the John Street Cultural Corridor project a City priority.

 

9.         City Council authorize the General Manager, Transportation Services to undertake an environmental assessment for the John Street Cultural Corridor project as soon as possible, with due regard to current commitments, competing priorities and staffing constraints.

The Toronto and East York Community Council requested:

 

1.         The General Manager, Transportation Services to include in the Transportation Services 2010 budget submission appropriate resources to undertake the John Street Cultural Corridor Project.

 

2.         The Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor to recommend to the Toronto and East York Community Council the use of Section 37 funds, from appropriate area developments, for the John Street Cultural Corridor Project.

 

3.         The General Manager, Transportation Services and the Executive Director, Technical Services, in consultation with the Chief Planner and Executive Director, City Planning, to report to the Toronto and East York Community Council in 2010 on the strategy and work plan for the John Street Culture Corridor Project.

The East Precinct of the King-Spadina Secondary Plan Area, bounded by Front Street West to the south, Richmond Street West to the north, Simcoe Street to the east, and Spadina Avenue to the west, has been experiencing significant growth pressure. While this is evidence of the success of King-Spadina’s regeneration, this pressure is resulting in proposals that considerably exceed the height and intensity of development envisioned by the Official Plan or permitted by the Zoning By-law.  These proposals could fundamentally change the character of the area, and, in the absence of an updated planning framework, can lead to inconsistency and unplanned consequences.

 

The Built Form Study is an assessment of the existing and approved built form within the East Precinct of King-Spadina.  Its intent is to comprehensively evaluate the area’s character, and provide specificity to the question of where, and how, additional development can be accommodated in order to protect the features that make the district a distinctive and successful place in the city.  The Built Form Study will help ensure that individual proposals are reviewed consistently within the area’s broader physical context, to provide certainty for City Council, future development proponents, and the broader community.  It will also help ensure that new development contributes to the continued intensification of the East Precinct in a way that is appropriate and in the public interest. 

 

Staff have identified several sub-areas within the East Precinct where, subject to appropriate built form criteria that respects heritage character and enhances quality of life, and the provision of appropriate community benefits, additional development can be accommodated.  Work is underway to prepare specific guidelines regarding height, built form and performance criteria to guide future development. 

 

This report contains the findings of the Built Form Study, and makes interim recommendations pending the preparation of Secondary Plan and Zoning By-Law Amendments, and updated Urban Design Guidelines.  The findings will help to guide the review of existing and new applications within King-Spadina’s East Precinct.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council amend the Zoning By-law for the lands at 21‑31 Widmer Street and 299 Adelaide Street West substantially in accordance with the draft Zoning By‑law Amendment provided in Attachment 1.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By‑law Amendment as may be required.

 

3.         Before introducing the Bills for enactment, City Council authorize the appropriate City officials and require the owner to execute an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning Division, and the City Solicitor, such agreement to be registered on title to the lands in a manner satisfactory to the City Solicitor, to secure the following facilities, services and matters:

 

a.         An indexed cash contribution of $1,100,000.00, of which 10% will be allocated for affordable housing projects in Ward 20; and the remainder for any or all of the following: streetscape improvements to Widmer Street, John Street, and Adelaide Street, and improvements to the proposed community/performance space at 21‑31 Widmer/299 Adelaide.

 

b.         $200,000 of the cash contribution to be provided at the passing of Bills, with $100,000 contributing to one or more Heritage Conservation District studies within the East Precinct of King‑Spadina, subject to the appropriate Official Plan Amendment coming into force and effect, and $100,000 contributing to design development supporting the John Street streetscape project.

 

c.         $450,000 (indexed) of the cash contribution to be paid prior to the issuance of an above-Permit for the development.

 

d.         $450,000 (indexed) of the cash contribution to be paid prior to condominium registration.

 

e.         The provision of a community/performance space in the building having a minimum gross floor area of 420 square metres, to be provided to the City at cost, subject to funds being secured on or before the passing of Bills. If the City is unable to fund the purchase of the community/performance space, the applicant shall provide an appropriate alternate community benefit to be negotiated with planning staff and the Ward Councillor, acting reasonably.

 

f.          A public art contribution in accordance with the Percent for Public Art Program for a value not less than one percent of the gross construction cost, at least 50% of which is to be applied to the treatment of the building podium.

 

The following matters are also recommended to be secured in the Section 37 agreement as a legal convenience to support development:

 

g.         A minimum of  ten percent (10%) of the residential units in the building have at least three bedrooms, or be convertible to three or more bedrooms.

 

h.         1:50 scale elevations, satisfactory to the Chief Planner and Executive Director, City Planning Division, for the lower floors of the project to be provided as part of a revised application for Site Plan Approval.

 

i.          The implementation of any wind mitigation measures required by the applicant’s wind study, satisfactory to the Chief Planner and Executive Director, City Planning Division, to be submitted as part of a revised application for Site Plan Approval.

 

j.          The provision and maintenance of an irrigation system, at the applicant’s expense, for proposed trees within the public road allowances, including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer to the satisfaction of the Executive Director, Technical Services Division, and requirements to maintain in good order and operation.

 

k.         Certain green development elements, satisfactory to the Chief Planner and Executive Director, City Planning Division, as may be identified in the Green Development Checklist received by City Planning on April 9, 2009.

 

4.         City Council authorize the appropriate City officials to resume the process to stop up and close parts of the 3.048 metre wide public laneway that runs north‑south through the site.

The Toronto and East York Community Council recommends that

 

1.         City Council amend the Zoning By-law for the lands at 21-31 Widmer Street and 299 Adelaide Street West substantially in accordance with the draft Zoning By-law Amendment provided in Attachment 1.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

 

3.         Before introducing the Bills for enactment, City Council authorize the appropriate City officials and require the owner to execute an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning Division, and the City Solicitor, such agreement to be registered on title to the lands in a manner satisfactory to the City Solicitor, to secure the following facilities, services and matters:

 

a.         An indexed cash contribution of $1,100,000.00, of which 10% will be allocated for affordable housing projects in Ward 20; and the remainder for any or all of the following: streetscape improvements to Widmer Street, John Street, and Adelaide Street, and improvements to the proposed community/performance space at 21-31 Widmer/299 Adelaide.

 

b.         $200,000 of the cash contribution to be provided at the passing of Bills, with $100,000 contributing to one or more Heritage Conservation District studies within the East Precinct of King-Spadina, subject to the appropriate Official Plan Amendment coming into force and effect, and $100,000 contributing to design development supporting the John Street streetscape project.

 

c.         $450,000 (indexed) of the cash contribution to be paid prior to the issuance of an above-Permit for the development.

 

d.         $450,000 (indexed) of the cash contribution to be paid prior to condominium registration.

 

e.         The provision of a community/performance space in the building having a minimum gross floor area of 420 square metres, to be provided to the City at cost, subject to funds being secured on or before the passing of Bills. If the City is unable to fund the purchase of the community/performance space, the applicant shall provide an appropriate alternate community benefit to be negotiated with planning staff and the Ward Councillor, acting reasonably.

 

f.          A public art contribution in accordance with the Percent for Public Art Program for a value not less than one percent of the gross construction cost, at least 50% of which is to be applied to the treatment of the building podium.

 

The following matters are also recommended to be secured in the Section 37 agreement as a legal convenience to support development:

 

g.         A minimum of  ten percent (10%) of the residential units in the building have at least three bedrooms, or be convertible to three or more bedrooms.

 

h.         1:50 scale elevations, satisfactory to the Chief Planner and Executive Director, City Planning Division, for the lower floors of the project to be provided as part of a revised application for Site Plan Approval.

 

i.          The implementation of any wind mitigation measures required by the applicant’s wind study, satisfactory to the Chief Planner and Executive Director, City Planning Division, to be submitted as part of a revised application for Site Plan Approval.

 

j.          The provision and maintenance of an irrigation system, at the applicant’s expense, for proposed trees within the public road allowances, including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer to the satisfaction of the Executive Director, Technical Services Division, and requirements to maintain in good order and operation.

 

k.         Certain green development elements, satisfactory to the Chief Planner and Executive Director, City Planning Division, as may be identified in the Green Development Checklist received by City Planning on April 9, 2009.

 

4.         City Council authorize the appropriate City officials to resume the process to stop up and close parts of the 3.048 metre wide public laneway that runs north-south through the site.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

This application proposes a 43-storey mixed use building at 21-31 Widmer Street and 299 Adelaide Street West, with approximately 430 residential units and approximately 1,300 square metres of non-residential space, including retail and community/performance space.  Four above grade parking levels and four below grade parking levels are proposed, two of which comprise commercial parking.  Previous Council permission (By-law 95-2006) permitted a 25-storey mixed use building on the site.

 

The proposal replaces a commercial surface parking lot with residential units, including a proposal to include affordable Habitat for Humanity units, retail, and community/performance space. It is consistent with the emerging built form study in that it is located within an area that can accommodate tall buildings without destabilizing the warehouse built form character of the area.  The proposal generally meets the intent of the 2006 King Spadina Urban Design Guidelines, and the Tall Building Guidelines.

 

This report reviews and recommends approval of the application to amend the Zoning By-law.

The June 3, 2009 report, “21-31 Widmer Street and 299 Adelaide Street West – Rezoning – Final Report”, recommends approval for a 43-storey mixed use building at 21-31 Widmer Street.and 299 Adelaide Street West.  At the time of report preparation, the Section 37 contribution details were still under discussion between the applicant, staff and the Councillor.  The details have now been resolved.  This supplementary report provides revised recommendations as a result of concluding the negotiations with the applicant.

 

This report also includes the Draft Zoning By-law for the development, in Attachment 1.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council amend Zoning By-law 438-86 substantially in accordance with the revised draft Zoning By‑law Amendment attached as Attachment No. 1 to the Supplementary Report dated September 10, 2009, from the Director, Community Planning, Toronto and East York District, and determine that no further notice is required to be given.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By‑law Amendment as may be required.

 

3.         Before introducing the necessary Bills to City Council for enactment, City Council authorize the appropriate City staff and require the owner to enter into an agreement or agreements pursuant to Section 37 of the Planning Act, to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor to secure the following facilities, services and matters to be provided by the owner, at its expense, to the City:

 

a.         the owner shall provide a payment of an indexed cash contribution of $350,000, to be paid to the City at such time as the site specific Zoning By‑law comes into force and effect, to be used for capital improvements and enhancements to the Artscape Wychwood Barns;

 

b.         the owner shall provide, prior to condominium registration, a generally rectangular easement of indefinite term, in favour of the City of Toronto, at the southern limit of the lot, extending approximately 36.8 metres in length from the east property line to the west property line and approximately 1.6 metres deep from the south property line to the building wall on the ground floor, for the purposes of widening the publicly accessible sidewalk on St. Clair Avenue West;

 

c.         the owner shall implement any wind mitigation measures required by the wind study, satisfactory to the Chief Planner, to be submitted with the Site Plan Approval resubmission;

 

d.         the owner shall construct and maintain a roof of light coloured materials – installed for 75% of the roof having a reflectance of 0.3, as set out in the Green Development Checklist, satisfactory to the Chief Planner and Executive Director, City Planning Division;

 

e.         the owner shall provide and maintain  exterior materials generally as shown in the drawings of the St. Clair Avenue West and Raglan Avenue frontages received date June 15, 2009 with building materials labelled, to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

 

f.          the owner shall provide and maintain on the site or on the lands known as 743 St. Clair Avenue West not less than 9 new replacement rental dwelling units, comprising 8 affordable rental dwelling units and 1 rental dwelling unit with mid-range rents which units shall generally be of the same type and size as in the buildings existing on the lot at the date of enactment of the by‑law amendment, in accordance with more detailed terms as set forth in the revised draft Zoning By‑law Amendment attached as Attachment No. 1 to the Supplementary Report dated September 10, 2009, from the Director, Community Planning, Toronto and East York District; and

 

g.         the owner shall provide a satisfactory indexed letter of credit in the amount of $1,215,000 prior to any demolition or building permit issuing for the lands, to secure the provision of the 9 replacement rental dwelling units.

 

4.         City Council approve the application to demolish the 5 existing buildings, including 9 residential rental housing units located at 524, 528, 530, 532 and 534 St. Clair Avenue West pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for replacement of the rental housing units:

 

a.         the owner shall provide and maintain nine residential rental units, eight of which shall have affordable rents and one which shall have mid-range rents, either on the subject site or on the lands known as 743 St. Clair Avenue West;

 

b.         the owner shall enter into and register one or more Section 111 Agreements to secure the conditions outlined in a. above and as described in Appendix 1 of the revised draft Zoning By‑law Amendment attached as Attachment 1 to the Supplementary Report dated September 10, 2009, from the Director, Community Planning, Toronto and East York District, and as further detailed in the Terms for Replacement Rental Housing (Attachment 9), to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division;

 

c.         the owner shall provide the City with a Letter of Credit satisfactory to the City Treasurer and City Solicitor, in the amount of $1,215,000, to be indexed; and

 

d.         the owner shall enter into and register, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the lands, including, if applicable, the off-site replacement lands, to the satisfaction of the City Solicitor, without the written consent of the Chief Planner and Executive Director, City Planning Division or his designate, to assist with securing the Section 111 Agreement against future owners and encumbrancers of the lands; and

 

e.         the owner shall obtain the first building permit for the foundation of the development on the site.

 

5.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval to the application under Municipal Code Chapter 667 after the latest of the following has occurred: the satisfaction of the conditions in Recommendation 4; the Zoning By‑law Amendment in Recommendation 1 has come into full force and effect; and the issuance of the site plan approval for the development by the Chief Planner and Executive Director, City Planning or his designate, pursuant to Section 114 of the City of Toronto Act, 2006.

 

6.         City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 5.

 

7.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act no earlier than issuance of the first building permit for the foundation of the development, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 5, which permit may be included in the demolition permit for Chapter 667 under 363‑11.1E, of the Municipal Code, on condition that:

 

a.         the owner erect a residential building on site no later than three (3) years from the date the permit is issued for demolition of the buildings;

 

b.         should the owner fail to complete the new building within the time specified in condition 7(a), the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000) for each dwelling unit for which a demolition permit is issued, and that such sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

 

8.         City Council authorize City officials to take all necessary steps to give effect to the above‑noted recommendations.

The Toronto and East York Community Council recommends that:

 

1.         City Council amend Zoning By-law 438-86 substantially in accordance with the revised draft Zoning By-law Amendment attached as Attachment No. 1 to the Supplementary Report dated September 10, 2009, from the Director, Community Planning, Toronto and East York District, and determine that no further notice is required to be given.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

 

3.         Before introducing the necessary Bills to City Council for enactment, City Council authorize the appropriate City staff and require the owner to enter into an agreement or agreements pursuant to Section 37 of the Planning Act, to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor to secure the following facilities, services and matters to be provided by the owner, at its expense, to the City:

 

a.         the owner shall provide a payment of an indexed cash contribution of $350,000, to be paid to the City at such time as the site specific Zoning By-law comes into force and effect, to be used for capital improvements and enhancements to the Artscape Wychwood Barns;

 

b.         the owner shall provide, prior to condominium registration, a generally rectangular easement of indefinite term, in favour of the City of Toronto, at the southern limit of the lot, extending approximately 36.8 metres in length from the east property line to the west property line and approximately 1.6 metres deep from the south property line to the building wall on the ground floor, for the purposes of widening the publicly accessible sidewalk on St. Clair Avenue West;

 

c.         the owner shall implement any wind mitigation measures required by the wind study, satisfactory to the Chief Planner, to be submitted with the Site Plan Approval resubmission;

 

d.         the owner shall construct and maintain a roof of light coloured materials – installed for 75% of the roof having a reflectance of 0.3, as set out in the Green Development Checklist, satisfactory to the Chief Planner and Executive Director, City Planning Division;

 

e.         the owner shall provide and maintain  exterior materials generally as shown in the drawings of the St. Clair Avenue West and Raglan Avenue frontages received date June 15, 2009 with building materials labelled, to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

 

f.          the owner shall provide and maintain on the site or on the lands known as 743 St. Clair Avenue West not less than 9 new replacement rental dwelling units, comprising 8 affordable rental dwelling units and 1 rental dwelling unit with mid-range rents which units shall generally be of the same type and size as in the buildings existing on the lot at the date of enactment of the by-law amendment, in accordance with more detailed terms as set forth in the revised draft Zoning By-law Amendment attached as Attachment No. 1 to the Supplementary Report dated September 10, 2009, from the Director, Community Planning, Toronto and East York District; and

 

g.         the owner shall provide a satisfactory indexed letter of credit in the amount of $1,215,000 prior to any demolition or building permit issuing for the lands, to secure the provision of the 9 replacement rental dwelling units.

 

4.         City Council approve the application to demolish the 5 existing buildings, including 9 residential rental housing units located at 524, 528, 530, 532 and 534 St. Clair Avenue West pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for replacement of the rental housing units:

 

a.         the owner shall provide and maintain nine residential rental units, eight of which shall have affordable rents and one which shall have mid-range rents, either on the subject site or on the lands known as 743 St. Clair Avenue West;

 

b.         the owner shall enter into and register one or more Section 111 Agreements to secure the conditions outlined in a. above and as described in Appendix 1 of the revised draft Zoning By-law Amendment attached as Attachment 1 to the Supplementary Report dated September 10, 2009, from the Director, Community Planning, Toronto and East York District, and as further detailed in the Terms for Replacement Rental Housing (Attachment 9), to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division;

 

c.         the owner shall provide the City with a Letter of Credit satisfactory to the City Treasurer and City Solicitor, in the amount of $1,215,000, to be indexed; and

 

d.         the owner shall enter into and register, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the lands, including, if applicable, the off-site replacement lands, to the satisfaction of the City Solicitor, without the written consent of the Chief Planner and Executive Director, City Planning Division or his designate, to assist with securing the Section 111 Agreement against future owners and encumbrancers of the lands; and

 

e.         the owner shall obtain the first building permit for the foundation of the development on the site.

 

5.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval to the application under Municipal Code Chapter 667 after the latest of the following has occurred: the satisfaction of the conditions in Recommendation 4; the Zoning By-law Amendment in Recommendation 1 has come into full force and effect; and the issuance of the site plan approval for the development by the Chief Planner and Executive Director, City Planning or his designate, pursuant to Section 114 of the City of Toronto Act, 2006.

 

6.         City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 5.

 

7.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act no earlier than issuance of the first building permit for the foundation of the development, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 5, which permit may be included in the demolition permit for Chapter 667 under 363-11.1E, of the Municipal Code, on condition that:

 

a.         the owner erect a residential building on site no later than three (3) years from the date the permit is issued for demolition of the buildings;

 

b.         should the owner fail to complete the new building within the time specified in condition 7(a), the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000) for each dwelling unit for which a demolition permit is issued, and that such sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

 

8.         City Council authorize City officials to take all necessary steps to give effect to the above-noted recommendations.

This application is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.  This proposal is to demolish the existing mixed use buildings, containing 9 residential rental dwelling units and commercial uses and replace them with a 19-storey mixed use building at 524-534 St. Clair Avenue West with 155 residential units and commercial uses on the ground floor.  The proposal includes replacement of the nine residential rental units to be demolished.

 

The proposed mixed-use development demonstrates quality design, which is consistent and compatible with the evolving character of the St. Clair Avenue West and Bathurst Street intersection.

 

This report reviews and recommends approval of the applications to amend the Zoning By-law and under Municipal Code 667 to demolish the residential rental units.

Staff have been negotiating with the applicant to finalize the owner’s obligations with respect to off-site rental replacement.  Due to the complexities required to finalize the agreements, which are nearing completion, staff will submit a continuation of this report with more details to the Toronto and East York Community Council for consideration at its meeting on June 23, 2009.

The Final Report for the Zoning By-law Amendment and Demolition applications at 524-534 St. Clair Avenue West is scheduled to be heard at the Toronto and East York Community Council meeting on September 15, 2009 (Item TE27.16).  Attached to that report is a draft Zoning By-law.  Since the Final Report was drafted, staff have been working with the applicant and City Legal to finalize the draft Zoning By-law.  After further review, minor changes are required to the by-law, most of which are technical in nature.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council amend Zoning By-law No. 141-2005 substantially in accordance with the draft Zoning By‑law Amendment attached as Attachment No. 8 and amendments to Map 4 in Attachment No. 3 and Map 1 of 2 in Attachment No. 4.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By‑law Amendment as may be required.

The Toronto and East York Community Council recommends that:

 

1.         City Council amend Zoning By-law No. 141-2005 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 and amendments to Map 4 in Attachment No. 3 and Map 1 of 2 in Attachment No. 4.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

Toronto Community Housing Corporation has made application for zoning by-law amendments for the Regent Park revitalization area. Within the Regent Park Secondary Plan area the amendments are to allow the addition of “live/work unit” at grade as a permitted use in the residential districts (R4A), an increase in height for Type “B” Towers from 75 metres to 77 metres and the removal of the reference to the number of “storeys” leaving maximum heights in place. In addition, for Phase 2 lands only, there are proposed amendments to the tower location and the height maps.

 

This report reviews and recommends approval of the application to amend the Zoning By-law.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council amend Zoning By-law 438-86 substantially in accordance with the draft Zoning By‑law Amendment attached as Attachment No. 5, for a temporary use By‑law for a period of up to 3 years from the day of the passing of the by‑law.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By‑law Amendment as may be required.

 

3.         Before introducing the necessary Bills for enactment,  City Council require the applicant to submit for review and acceptance an application for site plan control approval, to the satisfaction of the Chief Planner.

The Toronto and East York Community Counicl recommends that:

 

1.         City Council amend Zoning By-law 438-86 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5, for a temporary use By-law for a period of up to 3 years from the day of the passing of the by-law.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

 

3.         Before introducing the necessary Bills for enactment,  City Council require the applicant to submit for review and acceptance an application for site plan control approval, to the satisfaction of the Chief Planner.

This application was made before January 1, 2007 and is not subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

This application by the City of Toronto Facilities and Real Estate is for  a temporary use by-law to permit the temporary relocation of the North St. Lawrence Market’s weekend markets to 125 The Esplanade while the North Market building redevelops for a period of up to 3 years.

 

The long term viability of the lands for the parks use permitted in the Official Plan and Zoning By-law will be maintained.  The proposed land use is appropriate for the temporary use of an underutilized parking lot.  The proposed relocation site of the North Market is located in close proximity to the existing North Market and directly across from the South Market.  Relocating the activities of the North Market to this site would be compatible with the existing market activities.

 

This report reviews and recommends approval of the application to amend the Zoning By-law.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council amend Zoning By-law 438-86, as amended, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 1 to the report (September 30, 2009) from the Chief Planner and Executive Director, City Planning, and determine that no further notice be given in respect of the purposed by-law.

 

2.          City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

 

3.          City Council approve the application to demolish the 7 existing buildings, including 8 residential rental housing units located at 1864 to 1876 Queen Street East pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667:

 

a.          The owner meet the requirements of the Tenant Assistance Plan at the owner’s expense, to the satisfaction of the Chief Planner and Executive Director, and which will include provisions that exceed the requirements under the provincial Residential Tenancies Act by providing one extra month’s notice to vacate for the demolition, and payment equal to one extra month’s rent plus a moving allowance.

 

             b.         The owner provide an undertaking to the satisfaction of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning Division which secures the condition outlined in Part 3.

 

4.          City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval to the application under Municipal Code Chapter 667 after the satisfaction of the conditions in Part 3, and after the Zoning By-law amendments in Part 1 have come into full force and effect.

 

5.          City Council authorize the Chief Building Official to issue a section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Part 4.

 

6.          City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act no earlier than issuance of the first building permit for the foundation of the development, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Part 4, which permit may be included in the demolition permit for Chapter 667 under 363-11.1E, of the Municipal Code, on condition that:

 

a.          The Owner erect a residential building on site no later than three (3) years from the day demolition of the buildings is commenced.

 

             b.         Should the Owner fail to complete the new building within the time specified in condition (a), the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

 

7.          City Council determine that the proposed development of the lands at 1864 to 1876 Queen Street East compliments the pattern of development for this segment of Queen Street East, that overall infrastructure is available and that development can proceed prior to the completion of an Avenue study.

 

8.          City Council authorize City officials to take all necessary steps to give effect to the above-noted recommendations.

The Toronto and East York Community Council submits this matter to Council without recommendation.

The Toronto and East York Community Council:

 

A.        Requested that the appropriate staff in the City’s Planning Division, Toronto and East York District, the developer, and a small working group of residents undertake further discussions respecting the Final Report - 1864 to 1876 Queen Street East - Rezoning Application and Demolition Application under Municipal Code 667, and that the Director, Community Planning, Toronto and East York District, be requested to report directly to City Council on September 30, 2009, on the outcome of these discussions.

 

B.         Requested the Director, Community Planning, Toronto and East York District, together with the lead planner of the Avenues and Mid-rise Building Typologies Study, to meet with the Beach Triangle Residents Sub-Committee prior to the meeting of City Council on September 30, 2009, to discuss the overall planning issues raised at the meeting of the Toronto and East York Community Council on September 15, 2009.

 

The Toronto and East York Community Council held a statutory public meeting on September 15, 2009, and notice was given in accordance with the Planning Act.

 

The Toronto and East York Community Council considered the following recommendations contained in the report (May 25, 2009) from the Director, Community Planning, Toronto and East York District:

 

1.         City Council amend Zoning By-law 438-86, as amended, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

 

3.         City Council approve the application to demolish the 7 existing buildings, including 8 residential rental housing units located at 1864 to 1876 Queen Street East pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667:

 

a.         The owner meet the requirements of the Tenant Assistance Plan at the owner’s expense, to the satisfaction of the Chief Planner and Executive Director, and which will include provisions that exceed the requirements under the provincial Residential Tenancies Act by providing one extra month’s notice to vacate for the demolition, and payment equal to one extra month’s rent plus a moving allowance.

 

b.         The owner provide an undertaking to the satisfaction of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning Division which secures the condition outlined in Recommendation 3.

 

4.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval to the application under Municipal Code Chapter 667 after the satisfaction of the conditions in Recommendation 3, and after the Zoning By-law amendments in Recommendation 1 have come into full force and effect.

 

5.         City Council authorize the Chief Building Official to issue a section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 4.

 

6.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act no earlier than issuance of the first building permit for the foundation of the development, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 4, which permit may be included in the demolition permit for Chapter 667 under 363-11.1E, of the Municipal Code, on condition that:

 

a.         The Owner erect a residential building on site no later than three (3) years from the day demolition of the buildings is commenced.

 

b.         Should the Owner fail to complete the new building within the time specified in condition (a), the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

 

7.         City Council determine that the proposed development of the lands at 1864 to 1876 Queen Street East compliments the pattern of development for this segment of Queen Street East, that overall infrastructure is available and that development can proceed prior to the completion of an Avenue study.

 

8.         City Council authorize City officials to take all necessary steps to give effect to the above-noted recommendations.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

This application proposes the construction of a six storey mid-rise building at 1864 to 1876 Queen Street East with 28 residential units, and commercial uses on the ground floor.  It involves the demolition of all the existing buildings which contain ten dwelling units, including eight rental housing units.

 

Mid-rise housing is an important form of development that can create new housing and shopping opportunities and can help the City to more easily address reurbanization objectives on Avenues.

 

Queen Street in the Beach area continues to be a desirable residential and commercial destination.  The proposed mixed-use development is consistent and compatible with area development.

 

The application under Chapter 667 of the Municipal Code proposes the demolition of 8 residential rental units, which is prohibited without a permit issued under Section 111 of the City of Toronto Act. The rental units will not be replaced.

 

This report reviews and recommends approval of the application to amend the Zoning By-law, and approval of the applications to demolish the existing residential buildings without requiring the replacement of the residential rental units.

A report from Community Planning dated May 25, 2009 recommending approval of the proposed amendment to the Zoning By-law 438-86 and the application to demolish the existing residential rental buildings without replacement, at 1864 to 1876 Queen Street East, was to be considered by Toronto and East York Community Council at its meeting of June 23, 2009.  This meeting was cancelled as a result of the recent labour disruption.

 

On July 20, 2009, the applicant filed an appeal to the Ontario Municipal Board (OMB) for City Council’s failure to make a decision within the statutory timelines in respect of the Zoning By-law Amendment application. Demolition Applications under Municipal Code 667 cannot be appealed to the OMB.

 

Notwithstanding the appeal to the Board, the applicant has agreed to a full statutory public meeting before Community Council so that Council may consider and potentially adopt the recommended Zoning By-law Amendment and Demolition Application.  Therefore, staff continue to recommend that Council adopt the recommendations contained in the staff report of May 25, 2009.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor, to report to the October 13, 2009, meeting of the Toronto and East York Community Council on the form of an amendment to Zoning By‑law 438‑86, as amended, for the former City of Toronto to implement the proposal substantially in accordance with the drawings on file with the Chief Planner and Executive Director, for a mixed-use building at 426 University Avenue containing a private club, the Royal Canadian Military Institute (6½ storeys) and a residential condominium building (35½ storeys), the draft by‑law to include but not be restricted to the following requirements:

 

a.         the maximum combined non-residential gross floor area and residential gross floor area of all buildings or structures erected within the lot shall not exceed 24,900 square metres, of which a minimum of 2,900 square metres of non-residential gross floor area shall be provided;

 

b.         the maximum height to the top of the roof shall not exceed 135 metre, with a maximum height of 11 metres for the mechanical penthouse and architectural element;

 

c.         at least one Type B loading space shall be provided;

 

d.         at least 9 parking spaces shall be provided of which a maximum of 8 may be contained in 4 car stackers; and

 

e.         a minimum of 130 square metres of indoor amenity space, including a washroom, shall be provided.

 

2.         Before introducing the necessary Bills for enactment, City Council authorize the appropriate City officials and require the owner to execute one or more agreements pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning, and City Solicitor. The agreement(s) are to be registered on title to the lands in a manner satisfactory to the City Solicitor and to secure the following facilities, services and matters from the owner at its expense:

 

a.         Prior to Site Plan Approval for the subject property, the owner shall provide a Conservation Plan including an estimate of the costs associated with its execution, for the reconstruction and restoration of the façade and library of 426 University Avenue to the satisfaction of the Manager of Heritage Preservation Services.

 

b.         Prior to the release of a building permit, including for demolition, shoring, foundation or above grade, the owner shall supply a Letter of Credit equal to the approved amount contained within the Conservation Plan.

 

c.         Prior to the release of a building permit, including for demolition, shoring, foundation or above grade, the owner shall provide a documentation report for the subject property including a history of the Royal Canadian Military Institute activities at the site since its construction, original plans and drawings for the building and subsequent alteration drawings where available, and complete interior and exterior photo‑documentation of all rooms, corridors and elevations (in both digital and black and white SLR formats) including a key plan indicating the location of each photograph, to the satisfaction of the Manager, Heritage Preservation Services.

 

d.         Prior to the release of the Letter of Credit, the owner shall complete all conservation work to the satisfaction of the Manager, Heritage Preservation Services.

 

e.         A cash contribution in the amount of $1,000,000.00, indexed as per the Consumer Price Index from the date of the execution of the Section 37 Agreement, for facilities, services or matters, which may include affordable housing projects in Ward 20, local park improvements, and streetscape improvements to Dundas Street West and Queen Street West, shall be paid, consisting of an initial payment of $100,000 payable upon the coming into force and effect of the amending by-law, with the balance payable prior to the release of any above grade building permit.

 

 f.         The Section 37 agreement also require that a shared use agreement be negotiated between the Royal Canadian Military Institute and the developer that will secure access to amenity space, facilities and services for all residents and that this agreement be satisfactory to the Executive Director and Chief Planner, City Planning, and the local councillor, as a condition of condominium registration.

 

The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

 

g.         Architectural plans, elevations and landscaping including 1:50 elevations will be secured to the satisfaction of the Chief Planner, and the owner will be required to, in conjunction with each Site Plan Application, submit 1:50 scale drawings in conformity with this requirement.

 

h.         The owner shall incorporate in the construction of the building, and thereafter, maintain exterior building and landscape materials to the satisfaction of the Chief Planner and Executive Director.

 

i.          The owner shall make reasonable commercial efforts to achieve LEED certification and shall provide the City with the project documentation on LEED certification.

 

j.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist received by the Chief Planner and Executive Director of City Planning Division on June 10, 2008.

 

k.         The owner shall provide knock-out panels to accommodate a potential future connection to the PATH system, satisfactory to the Chief Planner and Executive Director, and the General Manager of Economic Development, and to be detailed in an agreement pursuant to Section 41 of the Planning Act.

 

l.          Prior to the issuance of any demolition or building permit, the owner shall complete a Toronto Transit Commission (TTC) Technical Review of the proposed development as applicable to the particular permit under application and obtain the TTC’s written acknowledgement that the owner has satisfied all of the conditions arising out of the review. As part of the review process, the owner shall provide the requisite information, and pay the associated review fee to the TTC.

 

m.        The owner shall insert warning clauses regarding the TTC right-of-way in all offers to purchase, agreement of purchase and sale or agreements to lease, and condominium declaration document(s) for each affected residential unit within the proposed development. Such warning clauses shall advise of the potential for noise, vibration, smoke, particulate matter, electromagnetic interference and stray current impacts on the proposed development and that the TTC accepts no responsibility for such effects.

 

n.         Prior to Site Plan Approval, the owner shall submit an application to Transportation Services for any encroachments within the City right‑of‑way.

 

o.         Require the owner to pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report as accepted by the Executive Director of Technical Services, should it be determined that improvements to such infrastructure are required to support the development.

 

p.         The owner shall make appropriate arrangements to secure a limiting distance agreement with the owner immediately to the south at 400 University Avenue to the satisfaction of the Chief Building Official, such limiting distance agreement to be executed prior to final site plan approval.

 

q.         The owner shall provide knock out panels between a sufficient number of units to permit the combining of units to create a minimum of 10% of the total unit count as three bedroom units.

 

3.         Prior to the introduction of Bills, require the owner to submit to the Executive Director, Technical Services for review and acceptance, a site servicing review to demonstrate how this site will be serviced and whether the existing municipal infrastructure is adequate.

 

4.         Subject to the owner entering into a standard encroachment agreement with the City of Toronto, direct the appropriate City staff to permit encroachments into the University Avenue ROW and the Simcoe Street ROW, substantially in accordance with the drawings prepared by Zeidler Partnership Architects, dated April 6, 2009.

 

5.         Require the owner to comply with any other conditions set out in any other agreement required to ensure the orderly development and phasing of the lands as required by the Chief Planner and Executive Director of City Planning, acting reasonably.

 

6.         Authorize City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above-noted recommendations.

The Toronto and East York Community Council recommends that:

 

1.         City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor, to report to the October 13, 2009, meeting of the Toronto and East York Community Council on the form of an amendment to Zoning By-law 438-86, as amended, for the former City of Toronto to implement the proposal substantially in accordance with the drawings on file with the Chief Planner and Executive Director, for a mixed-use building at 426 University Avenue containing a private club, the Royal Canadian Military Institute (6½ storeys) and a residential condominium building (35½ storeys), the draft by-law to include but not be restricted to the following requirements:

 

a.         the maximum combined non-residential gross floor area and residential gross floor area of all buildings or structures erected within the lot shall not exceed 24,900 square metres, of which a minimum of 2,900 square metres of non-residential gross floor area shall be provided;

 

b.         the maximum height to the top of the roof shall not exceed 135 metre, with a maximum height of 11 metres for the mechanical penthouse and architectural element;

 

c.         at least one Type B loading space shall be provided;

 

d.         at least 9 parking spaces shall be provided of which a maximum of 8 may be contained in 4 car stackers; and

 

e.         a minimum of 130 square metres of indoor amenity space, including a washroom, shall be provided.

 

2.         Before introducing the necessary Bills for enactment, City Council authorize the appropriate City officials and require the owner to execute one or more agreements pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning, and City Solicitor. The agreement(s) are to be registered on title to the lands in a manner satisfactory to the City Solicitor and to secure the following facilities, services and matters from the owner at its expense:

 

a.         Prior to Site Plan Approval for the subject property, the owner shall provide a Conservation Plan including an estimate of the costs associated with its execution, for the reconstruction and restoration of the façade and library of 426 University Avenue to the satisfaction of the Manager of Heritage Preservation Services.

 

b.         Prior to the release of a building permit, including for demolition, shoring, foundation or above grade, the owner shall supply a Letter of Credit equal to the approved amount contained within the Conservation Plan.

 

c.         Prior to the release of a building permit, including for demolition, shoring, foundation or above grade, the owner shall provide a documentation report for the subject property including a history of the Royal Canadian Military Institute activities at the site since its construction, original plans and drawings for the building and subsequent alteration drawings where available, and complete interior and exterior photo-documentation of all rooms, corridors and elevations (in both digital and black and white SLR formats) including a key plan indicating the location of each photograph, to the satisfaction of the Manager, Heritage Preservation Services.

 

d.         Prior to the release of the Letter of Credit, the owner shall complete all conservation work to the satisfaction of the Manager, Heritage Preservation Services.

 

e.         A cash contribution in the amount of $1,000,000.00, indexed as per the Consumer Price Index from the date of the execution of the Section 37 Agreement, for facilities, services or matters, which may include affordable housing projects in Ward 20, local park improvements, and streetscape improvements to Dundas Street West, shall be paid, consisting of an initial payment of $100,000 payable upon the coming into force and effect of the amending by-law, with the balance payable prior to the release of any above grade building permit.

 

The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

 

f.          Architectural plans, elevations and landscaping including 1:50 elevations will be secured to the satisfaction of the Chief Planner, and the owner will be required to, in conjunction with each Site Plan Application, submit 1:50 scale drawings in conformity with this requirement.

 

g.         The owner shall incorporate in the construction of the building, and thereafter, maintain exterior building and landscape materials to the satisfaction of the Chief Planner and Executive Director.

 

h.         The owner shall make reasonable commercial efforts to achieve LEED certification and shall provide the City with the project documentation on LEED certification.

 

i.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist received by the Chief Planner and Executive Director of City Planning Division on June 10, 2008.

 

j.          The owner shall provide knock-out panels to accommodate a potential future connection to the PATH system, satisfactory to the Chief Planner and Executive Director, and the General Manager of Economic Development, and to be detailed in an agreement pursuant to Section 41 of the Planning Act.

 

k.         Prior to the issuance of any demolition or building permit, the owner shall complete a Toronto Transit Commission (TTC) Technical Review of the proposed development as applicable to the particular permit under application and obtain the TTC’s written acknowledgement that the owner has satisfied all of the conditions arising out of the review. As part of the review process, the owner shall provide the requisite information, and pay the associated review fee to the TTC.

 

l.          The owner shall insert warning clauses regarding the TTC right-of-way in all offers to purchase, agreement of purchase and sale or agreements to lease, and condominium declaration document(s) for each affected residential unit within the proposed development. Such warning clauses shall advise of the potential for noise, vibration, smoke, particulate matter, electromagnetic interference and stray current impacts on the proposed development and that the TTC accepts no responsibility for such effects.

 

m.        Prior to Site Plan Approval, the owner shall submit an application to Transportation Services for any encroachments within the City right-of-way.

 

n.         Require the owner to pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report as accepted by the Executive Director of Technical Services, should it be determined that improvements to such infrastructure are required to support the development.

 

o.         The owner shall make appropriate arrangements to secure a limiting distance agreement with the owner immediately to the south at 400 University Avenue to the satisfaction of the Chief Building Official, such limiting distance agreement to be executed prior to final site plan approval.

 

p.         The owner shall provide knock out panels between a sufficient number of units to permit the combining of units to create a minimum of 10% of the total unit count as three bedroom units.

 

3.         Prior to the introduction of Bills, require the owner to submit to the Executive Director, Technical Services for review and acceptance, a site servicing review to demonstrate how this site will be serviced and whether the existing municipal infrastructure is adequate.

 

4.         Subject to the owner entering into a standard encroachment agreement with the City of Toronto, direct the appropriate City staff to permit encroachments into the University Avenue ROW and the Simcoe Street ROW, substantially in accordance with the drawings prepared by Zeidler Partnership Architects, dated April 6, 2009.

 

5.         Require the owner to comply with any other conditions set out in any other agreement required to ensure the orderly development and phasing of the lands as required by the Chief Planner and Executive Director of City Planning, acting reasonably.

 

6.         Authorize City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above-noted recommendations.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

The application proposed to replace the existing Royal Canadian Military Institute (RCMI), which is a private members club, with a 6 and ½ -storey club and a 35 and ½ -storey condominium resulting in a 42-storey mixed use building at 426 University Avenue. No parking was initially proposed, however, a revised application included the provision of 9 parking spaces, 8 of which were proposed to be in parking stackers.

 

This report reviews and recommends refusal of the application to amend the Zoning By-law for the following reasons:

 

-           insufficient provision of indoor amenity space; and

-           insufficient provision of parking.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council amend the Official Plan (Application No. 08 164351 STE 21 OZ) substantially in accordance with the draft Official Plan Amendment found in Attachment No. 4.

 

2.         City Council approve the application (08 226682 000 00 RH) to convert the existing 58‑unit rental apartment building at 740 Eglinton Avenue West to condominium pursuant to Municipal Code Chapter 667, subject to the conditions of Draft Plan of Condominium set forth in Attachment No. 5.

 

3.         City Council authorize Draft Approval of the Plan of Condominium (08 164355 STE 21 CD) for 740 Eglinton Avenue West, prepared by Rodney H. Geyer, on October 17, 2008, and date stamped May 14, 2009, subject to the conditions set forth in Attachment No. 5, and authorize the Chief Planner and Executive Director to permit such red line revisions as he/she may deem appropriate.

 

4.         City Council require the owner to fulfil the conditions of Draft Approval of Condominium set forth in Attachment No. 5, including the execution and satisfactory registration of any agreements deemed necessary by the City Solicitor, prior to the City’s consent for final registration and authorize the City Solicitor to prepare any necessary agreements to secure the conditions, as the City Solicitor deems necessary.

 

5.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and Conditions of Draft Approval of Condominium as may be required.

 

6.         City Council authorize and direct City Officials to take necessary actions to give effect thereto.

The Toronto and East York Community Council recommends that:

 

1.         City Council amend the Official Plan (Application No. 08 164351 STE 21 OZ) substantially in accordance with the draft Official Plan Amendment found in Attachment No. 4.

 

2.         City Council approve the application (08 226682 000 00 RH) to convert the existing 58-unit rental apartment building at 740 Eglinton Avenue West to condominium pursuant to Municipal Code Chapter 667, subject to the conditions of Draft Plan of Condominium set forth in Attachment No. 5.

 

3.         City Council authorize Draft Approval of the Plan of Condominium (08 164355 STE 21 CD) for 740 Eglinton Avenue West, prepared by Rodney H. Geyer, on October 17, 2008, and date stamped May 14, 2009, subject to the conditions set forth in Attachment No. 5, and authorize the Chief Planner and Executive Director to permit such red line revisions as he/she may deem appropriate.

 

4.         City Council require the owner to fulfil the conditions of Draft Approval of Condominium set forth in Attachment No. 5, including the execution and satisfactory registration of any agreements deemed necessary by the City Solicitor, prior to the City’s consent for final registration and authorize the City Solicitor to prepare any necessary agreements to secure the conditions, as the City Solicitor deems necessary.

 

5.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and Conditions of Draft Approval of Condominium as may be required.

 

6.         City Council authorize and direct City Officials to take necessary actions to give effect thereto.

These applications were made on May 30, 2008 and December 3, 2008 and are subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

The proposal is to permit the conversion of a 58-unit residential co-ownership building to condominium ownership at 740 Eglinton Avenue West.  The existing building contains some rental units and office units. No new construction is proposed.  This conversion proposal requires applications to amend the Official Plan, for Draft Plan of Condominium approval, and for Rental Housing Conversion approval under Section 111 of the City of Toronto Act, 2006.

 

This report reviews and recommends approval of the applications to amend the Official Plan, to permit the conversion to condominium, and to authorize the Chief Planner and Executive Director to approve the Draft Plan of Condominium subject to specific conditions.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         In accordance with the delegated approval under By‑law 229‑2000, City Council be advised that the Chief Planner and Executive Director, City Planning Division intends to approve the draft plan of common elements condominium, as generally illustrated on Attachment 1, subject to:

 

a.         the conditions as generally listed in Attachment 2 which, except as otherwise noted, must be fulfilled prior to the release of the plan of condominium for registration; and

 

b.         any such revisions to the proposed condominium plan or any such additional or modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of this development.

The Toronto and East York Community Council recommends that:

 

1.         In accordance with the delegated approval under By-law 229-2000, City Council be advised that the Chief Planner and Executive Director, City Planning Division intends to approve the draft plan of common elements condominium, as generally illustrated on Attachment 1, subject to:

 

a.         the conditions as generally listed in Attachment 2 which, except as otherwise noted, must be fulfilled prior to the release of the plan of condominium for registration; and

 

b.         any such revisions to the proposed condominium plan or any such additional or modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of this development.

This Draft Plan of Common Elements Condominium application was made on June 13, 2008 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006. The Planning Act now requires that a Public Meeting be held for all Draft Plan of Common Elements Condominium applications.

 

This application proposes to create a common elements condominium with a shared driveway that will be accessed from an existing public laneway to the west of the property to provide servicing and access to nine, 3-storey freehold townhouses at 851and 853 Richmond Street West. Other common element components include a structure that supports a landscaped terrace.

 

This report reviews and recommends approval of the Draft Plan of Common Elements Condominium, subject to conditions.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         In accordance with the delegated approval under by‑law 229‑2000, City Council be advised that the Chief Planner intends to approve the draft plan of common elements condominium, as generally illustrated on Attachment 1, subject to:

 

a.         the conditions as generally listed in Attachment 3, which, unless otherwise noted, must be fulfilled prior to the release of the plan of condominium for registration; and

 

b.         any such revisions to the proposed condominium plan or any such additional or modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of this development.

 

2.         City Council enact a Part Lot Control Exemption By‑law, with respect to the subject lands, to be prepared to the satisfaction of the City Solicitor.

 

3.         City Council authorize the City Solicitor to introduce any necessary Bills in Council for a Part Lot Control Exemption By‑law to expire (2) years from the date of enactment.

 

4.         City Council require the owner to provide proof of payment to the satisfaction of the City Solicitor that all current property taxes for the subject site prior to enactment of the Part Lot Control Exemption By‑law.

 

5.         City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer and charge an part of the lands without the written consent of the Chief Planner or his designate prior to the introduction of Bills in Council.

 

6.         City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title at such time as confirmation is received that the common Elements Condominium Plan has been registered.

 

7.         City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By‑law on title.

 

8.         Prior to introduction of the Part Lot Control Exemption By‑law, the owner shall submit a revised Draft Reference Plan, to the satisfaction of the Executive Director of Technical Services, to show:

 

a.         the co-ordinate values of the main corners of the subject lands, integrated with the Ontario co-ordinate system (3°MTM, Zone 10, NAD27, 1974 Adjustment; and

 

b.         a list of the referenced horizontal control monuments with their respective values.

The Toronto and East York Community Council recommends that:

 

1.         In accordance with the delegated approval under by-law 229-2000, City Council be advised that the Chief Planner intends to approve the draft plan of common elements condominium, as generally illustrated on Attachment 1, subject to:

 

a.         the conditions as generally listed in Attachment 3, which, unless otherwise noted, must be fulfilled prior to the release of the plan of condominium for registration; and

 

b.         any such revisions to the proposed condominium plan or any such additional or modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of this development.

 

2.         City Council enact a Part Lot Control Exemption By-law, with respect to the subject lands, to be prepared to the satisfaction of the City Solicitor.

 

3.         City Council authorize the City Solicitor to introduce any necessary Bills in Council for a Part Lot Control Exemption By-law to expire (2) years from the date of enactment.

 

4.         City Council require the owner to provide proof of payment to the satisfaction of the City Solicitor that all current property taxes for the subject site prior to enactment of the Part Lot Control Exemption By-law.

 

5.         City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer and charge an part of the lands without the written consent of the Chief Planner or his designate prior to the introduction of Bills in Council.

 

6.         City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title at such time as confirmation is received that the common Elements Condominium Plan has been registered.

 

7.         City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

 

8.         Prior to introduction of the Part Lot Control Exemption By-law, the owner shall submit a revised Draft Reference Plan, to the satisfaction of the Executive Director of Technical Services, to show:

 

a.         the co-ordinate values of the main corners of the subject lands, integrated with the Ontario co-ordinate system (3° MTM, Zone 10, NAD27, 1974 Adjustment; and

 

b.         a list of the referenced horizontal control monuments with their respective values.

The applications for Draft Plan of Common Elements Condominium and Part Lot Control Exemption were made on or after January 1, 2007 and are subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

The application for a common elements condominium proposes a private common walkway under which facilities (i.e., hydro, gas, and cable) to be shared by six freehold town houses will be located on the lands municipally known as 346 Jarvis Street.  The application is required to provide legal access to the individual townhouse units and to ensure the ongoing shared ownership and maintenance of the common elements.

 

The requested exemption from the Part Lot Control provisions of the Planning Act is required in order to permit the creation of six separate conveyable townhouse lots and two lots that will be used for occupant parking.  In addition, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the lands without the prior consent of the Chief Planner or his designate.

 

This report reviews and recommends approval of the Draft Plan of Common Elements Condominium and approval of the application to lift Part Lot Control.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         In accordance with the delegated approval under by‑law 229‑2000, City Council be advised that the Chief Planner intends to approve the draft plan of common elements condominium, as generally illustrated on Attachment 1, subject to:

 

a.         the conditions as generally listed in Attachment 3, which except as otherwise noted must be fulfilled prior to the release of the plan of condominium for registration; and

 

b.         any such revisions to the proposed condominium plan or any such additional or modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of this development.

The Toronto and East York Community Council recommends that:

 

1.         In accordance with the delegated approval under by-law 229-2000, City Council be advised that the Chief Planner intends to approve the draft plan of common elements condominium, as generally illustrated on Attachment 1, subject to:

 

a.         the conditions as generally listed in Attachment 3, which except as otherwise noted must be fulfilled prior to the release of the plan of condominium for registration; and

 

b.         any such revisions to the proposed condominium plan or any such additional or modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of this development.

This Draft Plan of Common Elements Condominium was made on March 31, 2008 and is subject to the new provisions of the Planning Act.   The Planning Act now requires that a Public Meeting be held for all Draft Plan of Common Elements Condominium applications.

 

The application proposes to create a common elements condominium consisting of  a ramp, drive aisle and 6 underground parking spaces for  the six townhouses located on lands municipally known as 76, 88R, 92 Yorkville Avenue and 98, 109, 115, 119 and 121R Scollard Street.

 

This report reviews and recommends approval of the Draft Plan of Common Elements Condominium, subject to conditions.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council enact a Part Lot Control Exemption By‑law, with respect to the subject lands, to be prepared to the satisfaction of the City Solicitor.

 

2.         City Council authorize the City Solicitor to introduce any necessary Bills in Council for a Part Lot Control Exemption By‑law to expire (2) years from the date of enactment.

 

3.         City Council require the owner to provide proof of payment, to the satisfaction of the City Solicitor, for all current property taxes for the subject site prior to the registration of the Plan of Condominium.

 

4.         City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer and charge any part of the lands without the written consent of the Chief Planner or his designate prior to the introduction of Bills in Council.

 

5.         City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title at such time as confirmation is received that the Common Elements Condominium Plan has been registered.

 

6.         City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By‑law on title.

The Toronto and East York Community Council recommends that:

 

1.         City Council enact a Part Lot Control Exemption By-law, with respect to the subject lands, to be prepared to the satisfaction of the City Solicitor.

 

2.         City Council authorize the City Solicitor to introduce any necessary Bills in Council for a Part Lot Control Exemption By-law to expire (2) years from the date of enactment.

 

3.         City Council require the owner to provide proof of payment, to the satisfaction of the City Solicitor, for all current property taxes for the subject site prior to the registration of the Plan of Condominium.

 

4.         City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer and charge any part of the lands without the written consent of the Chief Planner or his designate prior to the introduction of Bills in Council.

 

5.         City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title at such time as confirmation is received that the Common Elements Condominium Plan has been registered.

 

6.         City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

The application for Part Lot Control Exemption was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

An application has been submitted to permit exemption from part lot control for the properties known as 16 to 20 Kimberley Avenue.

 

The requested exemption from the Part Lot Control provisions of the Planning Act is required in order to permit the creation of 7 separate conveyable townhouse lots.  In addition, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the lands without the prior consent of the Chief Planner or his designate.

 

This report reviews and recommends approval of the Part Lot Exemption.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council receive for information the report dated June 1, 2009 from the Director, Community Planning, Toronto and East York District.

The Toronto and East York Community Council recommends that:

 

1.         City Council receive for information the report dated June 1, 2009 from the Director, Community Planning, Toronto and East York District.

Official Plan Amendment and Zoning By-law applications were made to the City for intensification of 2 Secord Avenue and 90 Eastdale Avenue.  The applications, as submitted, seek to permit the demolition of nine townhouse blocks, containing a total of fifty-two, 3-bedroom rental townhouses at 2 Secord Avenue and 90 Eastdale Avenue, in order to permit the construction of a 30-storey residential tower, a 5-and 8-storey residential building, and sixty, 3-bedroom rental townhouse dwelling units.

 

The applicant proposes to retain the existing 22 and 24-storey apartment buildings at 2 Secord Avenue and 90 Eastdale Avenue.  The existing and proposed buildings would be connected below grade by two levels of parking.

 

In a letter dated April 1, 2009 (Attachment 1) the applicant indicated that they have decided to eliminate the demolition of the existing townhouse dwelling units from the proposal.  Therefore, a Section 111 application for rental housing demolition is no longer necessary.  In that same letter, the applicant requests that the applications be held in abeyance, and that they will contact City Planning to discuss additional revisions to the applications.

 

As directed by Toronto and East York Community Council, this report provides an update on the working session held on March 20, 2008, and discussions had with the applicant to date.  This report is submitted to Council for their information.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council state its intention to designate the property at 506 College Street (College Street Baptist Church, 1889) under Part IV, Section 29 of the Ontario Heritage Act.

 

2.         If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the solicitor to introduce the Bills in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

 

3.         If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the Clerk to refer the proposed designation to the Conservation Review Board.

 

4.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 506 College Street (College Street Baptist Church, 1889).

 

5.         City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of the Heritage Easement Agreement.

The Toronto and East York Community Council recommends that:

 

1.         City Council state its intention to designate the property at 506 College Street (College Street Baptist Church, 1889) under Part IV, Section 29 of the Ontario Heritage Act.

 

2.         If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the solicitor to introduce the Bills in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

 

3.         If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the Clerk to refer the proposed designation to the Conservation Review Board.

 

4.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 506 College Street (College Street Baptist Church, 1889).

 

5.         City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of the Heritage Easement Agreement.

This report recommends that City Council state its intention to designate the property at 506 College Street (College Street Baptist Church, 1889) under Part IV, Section 29 of the Ontario Heritage Act and grant authority to enter into a heritage easement agreement.  The property was listed on the City of Toronto Inventory of Heritage Properties in 1973.

 

The property is undergoing conversion to a residential condominium, and the owner has agreed to the designation of the property and to enter into a heritage easement agreement with the City of Toronto.

The Toronto Preservation Board on May 21, 2009, considered the report (April 20, 2009) from the Director, Policy and Research, City Planning Division, respecting 506 College Street – Designation under Part IV, Section 29 of the Ontario Heritage Act and Authority to Enter into a Heritage Easement Agreement.

City Council on September 30 and October 1, 2009, adopted the following:

 

1.         City Council amend the Official Plan for the City of Toronto substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5.

 

2.         City Council amend Zoning By‑law 438‑86 for the former City of Toronto substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6.

 

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan and/or draft Zoning By‑law Amendments as may be required.

 

4.         City Council require the owner, before introducing the necessary Bills to City Council for enactment, to enter into a Section 37 Agreement to the satisfaction of the City Solicitor, to secure the following public benefits:

 

i.          prior to the issuance of the first above-grade permit, the owner shall provide a contribution in the amount of $175,000.00 to be used for streetscape and park improvements in the Yorkville neighbourhood, said amount to be indexed in a form satisfactory to the City;

 

ii.          the owner shall provide a detailed Heritage Impact Assessment, prepared by a qualified heritage consultant, describing the conservation and mitigation strategies to be employed during the construction of the proposal.  The Heritage Impact Assessment must be approved to the satisfaction of the Manager, Heritage Preservation Services, prior to the issuance of any permit including a permit for the demolition, excavation and/or shoring of the property;

 

iii.         the owner shall provide a detailed Conservation Plan, prepared by a qualified heritage architect to the satisfaction of the Manager, Heritage Preservation Services that includes: documentation through photographs of the as-found condition of the heritage structure; detailed descriptions/specifications for the proposed heritage conservation work; a detailed landscape plan; an exterior lighting and signage plan; an estimate of costs for the implementation of the Conservation Plan; and the measures to be taken to protect the heritage resource during construction. The Conservation Plan shall be provided prior to the issuance of any permit including a permit for the demolition, excavation and/or shoring of the property;

 

iv.         the owner shall enter into a Heritage Easement Agreement with the City for 34‑38 Hazelton Avenue, which shall include the revised Heritage Impact Assessment, approved Conservation Plan, descriptions, plans and drawings appended as approved alterations, prior to the issuance of any permit including a permit for the demolition, excavation and/or shoring of the property;

 

v.         the owner shall provide written confirmation that it shall not object to the designation of the building under Part IV of the Ontario Heritage Act, prior to the issuance of any permit including a permit for the demolition, excavation and/or shoring of the property;

 

vi.         prior to the issuance of any building permit for 34‑38 Hazelton Avenue, including a permit for the demolition, excavation and/or shoring of the property, the owner shall:

 

a.         provide a Letter of Credit in a form and an amount satisfactory to the Chief Planner and Executive Director, City Planning Division, to secure all work included in the Conservation and Restoration Plan;

 

b.         complete all required archaeological assessments and clearances, satisfactory to the Manager, Heritage Preservation Services;

 

c.         provide building permit drawings, satisfactory to the Manager, Heritage Preservation Services;

 

vii.        prior to the release of the Letter of Credit listed at item (vi) (a) above, the owner shall complete the heritage conservation and restoration work, satisfactory to the Manager, Heritage Preservation Services;

 

viii.       the owner shall retain a consultant archaeologist, licensed by the Ministry of Culture under the provisions of the Ontario Heritage Act (R.S.O 1990 as amended) to carry out a Stage 1‑2 archaeological assessment of the entire development property and follow through on recommendations to mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. The assessment is to be completed in accordance with the Final Draft – Standards and Guidelines for Consulting Archaeologists, September 2006, Ministry of Culture, prior to the issuance of any permit including a permit for the demolition, excavation and/or shoring of the property;

 

ix.         should the consultant archaeologist recommend that the archaeological assessment process continue beyond a Stage 1‑2 assessment, any recommendations for additional archaeological assessment i.e., Stage 3‑4 mitigation strategies must be reviewed and approved by Heritage Preservation Services prior to commencement of the site mitigation;

 

x.         no demolition, construction, grading or other soil disturbances shall take place on the subject property prior to the City’s Planning Division (Heritage Preservation Services Unit) confirming in writing that all archaeological requirements have been satisfied;

 

xi.         the owner shall provide 1:50 scale drawings detailing and labelling the exterior materials to be used in the construction of the building with their site plan submission, to the satisfaction of the Chief Planner and Executive Director and the Manager, Heritage Preservation Services.  The owner shall incorporate the exterior materials identified in the drawings in the construction of the building;

 

xii.        the owner shall develop and implement, to the satisfaction of the Chief Planner and Executive Director of the City Planning Division, an appropriate Construction Mitigation Plan and Resident Communication Strategy prior to the issuance of any permit including a permit for the demolition, excavation and/or shoring of the property; and

 

xiii.       the owner shall pay for any improvements/upgrades to the municipal infrastructure in connection with a Functional Servicing Report, as accepted by the Executive Director of Technical Services, should it be determined that improvements/upgrades to such infrastructure is required to support this development.

 

5.         City Council authorize City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above-noted recommendations.

The Toronto and East York Community Council recommends that:

 

1.         City Council amend the Official Plan for the City of Toronto substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5.

 

2.         City Council amend Zoning By-law 438-86 for the former City of Toronto substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6.

 

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan and/or draft Zoning By-law Amendments as may be required.

 

4.         City Council require the owner, before introducing the necessary Bills to City Council for enactment, to enter into a Section 37 Agreement to the satisfaction of the City Solicitor, to secure the following public benefits:

 

i.          prior to the issuance of the first above-grade permit, the owner shall provide a contribution in the amount of $175,000.00 to be used for streetscape and park improvements in the Yorkville neighbourhood, said amount to be indexed in a form satisfactory to the City;

 

ii.         the owner shall provide a detailed Heritage Impact Assessment, prepared by a qualified heritage consultant, describing the conservation and mitigation strategies to be employed during the construction of the proposal.  The Heritage Impact Assessment must be approved to the satisfaction of the Manager, Heritage Preservation Services, prior to the issuance of any permit including a permit for the demolition, excavation and/or shoring of the property;

 

iii.         the owner shall provide a detailed Conservation Plan, prepared by a qualified heritage architect to the satisfaction of the Manager, Heritage Preservation Services that includes: documentation through photographs of the as-found condition of the heritage structure; detailed descriptions/specifications for the proposed heritage conservation work; a detailed landscape plan; an exterior lighting and signage plan; an estimate of costs for the implementation of the Conservation Plan; and the measures to be taken to protect the heritage resource during construction. The Conservation Plan shall be provided prior to the issuance of any permit including a permit for the demolition, excavation and/or shoring of the property;

 

iv.         the owner shall enter into a Heritage Easement Agreement with the City for 34-38 Hazelton Avenue, which shall include the revised Heritage Impact Assessment, approved Conservation Plan, descriptions, plans and drawings appended as approved alterations, prior to the issuance of any permit including a permit for the demolition, excavation and/or shoring of the property;

 

v.         the owner shall provide written confirmation that it shall not object to the designation of the building under Part IV of the Ontario Heritage Act, prior to the issuance of any permit including a permit for the demolition, excavation and/or shoring of the property;

 

vi.         prior to the issuance of any building permit for 34-38 Hazelton Avenue, including a permit for the demolition, excavation and/or shoring of the property, the owner shall:

 

a.         provide a Letter of Credit in a form and an amount satisfactory to the Chief Planner and Executive Director, City Planning Division, to secure all work included in the Conservation and Restoration Plan;

 

b.         complete all required archaeological assessments and clearances, satisfactory to the Manager, Heritage Preservation Services;

 

c.         provide building permit drawings, satisfactory to the Manager, Heritage Preservation Services;

 

vii.        prior to the release of the Letter of Credit listed at item (vi) (a) above, the owner shall complete the heritage conservation and restoration work, satisfactory to the Manager, Heritage Preservation Services;

 

viii.       the owner shall retain a consultant archaeologist, licensed by the Ministry of Culture under the provisions of the Ontario Heritage Act (R.S.O 1990 as amended) to carry out a Stage 1-2 archaeological assessment of the entire development property and follow through on recommendations to mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. The assessment is to be completed in accordance with the Final Draft – Standards and Guidelines for Consulting Archaeologists, September 2006, Ministry of Culture, prior to the issuance of any permit including a permit for the demolition, excavation and/or shoring of the property;

 

ix.         should the consultant archaeologist recommend that the archaeological assessment process continue beyond a Stage 1-2 assessment, any recommendations for additional archaeological assessment i.e., Stage 3-4 mitigation strategies must be reviewed and approved by Heritage Preservation Services prior to commencement of the site mitigation;

 

x.         no demolition, construction, grading or other soil disturbances shall take place on the subject property prior to the City’s Planning Division (Heritage Preservation Services Unit) confirming in writing that all archaeological requirements have been satisfied;

 

xi.         the owner shall provide 1:50 scale drawings detailing and labelling the exterior materials to be used in the construction of the building with their site plan submission, to the satisfaction of the Chief Planner and Executive Director and the Manager, Heritage Preservation Services.  The owner shall incorporate the exterior materials identified in the drawings in the construction of the building;

 

xii.        the owner shall develop and implement, to the satisfaction of the Chief Planner and Executive Director of the City Planning Division, an appropriate Construction Mitigation Plan and Resident Communication Strategy prior to the issuance of any permit including a permit for the demolition, excavation and/or shoring of the property; and

 

xiii.       the owner shall pay for any improvements/upgrades to the municipal infrastructure in connection with a Functional Servicing Report, as accepted by the Executive Director of Technical Services, should it be determined that improvements/upgrades to such infrastructure is required to support this development.

 

5.         City Council authorize City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above-noted recommendations.

This report is a continuation of the staff report dated June 1, 2009 and replaces the refusal report submitted by Staff to the April 21, 2009 Toronto and East York Community Council meeting.

 

At its meeting of April 21, 2009, Toronto and East York Community Council (TEYCC) deferred consideration of a refusal report from Planning Staff, in response to the presentation of a revised proposal by the Applicant at that same meeting. Planning Staff were directed to review the revised proposal and report back on any further recommendations.

 

As a result of additional meetings with staff, the applicant has made additional revisions to the proposal. The application is now for a partial 7-storey, 30-unit residential condominium building that includes the alteration of the existing designated schoolhouse building with the introduction of a new addition to the rear and partially above the retained building façade.

 

The proposed development has an overall height of 26.72 metres including the mechanical penthouse. A total gross floor area of 5,610 square metres (60,387 sq. ft.) is proposed, representing a density of 3.6 times the area of the lot.

 

This supplementary report reviews and recommends approval of the revised application to amend the Official Plan and Zoning By-law.

At its meeting of April 21, 2009, Toronto and East York Community Council deferred consideration of a report from the Director, Community Planning until the meeting of June 23, 2009, with a request that staff report to that meeting on the Applicant’s revised proposal for 34-38 Hazelton Avenue dated April 21, 2009.  This proposal was found to be unacceptable to City staff.

 

However, since that time, a further revised application was submitted, dated June 10, 2009.  A joint report from Community Planning and Heritage Preservation Services dated June 12, 2009, recommending approval of the June 10, 2009 revised proposal was to be considered by Toronto and East York Community Council on June 23, 2009.  This meeting was cancelled as a result of the recent labour disruption.

 

On July 6, 2009, the applicant filed an appeal to the Ontario Municipal Board (OMB) for City Council’s failure to make a decision within the statutory timelines for both Official Plan Amendment and Zoning By-law Amendment applications.

 

Notwithstanding the appeal to the board, the applicant has agreed to a full statutory public meeting before Community Council so that Council may consider and potentially adopt the recommended Official Plan and Zoning By-law Amendments. Therefore, staff continue to recommend that Council adopt the recommendations contained in the staff report of June 12, 2009.

At its meeting of April 21, 2009, Toronto and East York Community Council deferred consideration of the report from the Director, Community Planning until the meeting of June 23, 2009, with a request that staff report to that meeting on the Applicant’s revised proposal for 34-38 Hazelton Avenue.

 

The applicant has submitted further revisions since April 21, requiring additional review time. Staff will submit a continuation of this report with more details to Toronto and East York Community Council for consideration at its meeting on June 23, 2009.

This report recommends refusal of the Official Plan and Zoning By-law amendment applications to develop an 8-storey residential building at 34-38 Hazelton Avenue, and seeks Council’s direction for staff to attend the Ontario Municipal Board in opposition to the development should the application be appealed.

 

The proposed development is inappropriate and out of context.  The policies contained within the Official Plan provide the basis for refusing this proposal because it does not meet the intent of the Plan for development within or adjacent to stable residential Neighbourhoods.  The application represents an inappropriate intensification of a site, where the Plan anticipates a sensitive infill project.

 

The height, massing and built form of the proposed development is inconsistent with the existing and planned built form context of this part of Yorkville.

 

The proposed development does not meet the guidelines for new development within the Yorkville–Hazelton Heritage Conservation District.

 

The proposal does not meet the Official Plan policies of adequately limiting the impact of shadows nor is the new building massed in such a way as to mitigate view and privacy concerns on neighbouring properties.