City Council on October 26 and 27, 2009, adopted the following:

1.         City Council enact the draft by-law from the City Solicitor to permanently close to vehicular traffic a portion of the public highway Lake Shore Boulevard East between Woodfield Road and Knox 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 a portion of the public highway Lake Shore Boulevard East between Woodfield Road and Knox Avenue.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve the proposal subject to a maximum height of 137 m inclusive of mechanical penthouse and elevator/stair overrun.

2.         City Council amend Zoning By-law 438-86, as amended, substantially in accordance with the draft Zoning By‑law Amendment (Attachment 8 to the report dated September 24, 2009, from the Director, Community Planning, Toronto and East York District), subject to replacing Map 2 with the revised Map 2 to reflect the adjustment in height.

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.

4.         City Council determine that no further notice under the Planning Act be required to effect the reduction of the proposed height to 137 m.

5.         Before introducing the necessary 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 $1,000,000.00 of which 10% will be allocated to affordable housing in Ward 20, and the remainder for the provision of one or more of the following:

-            capital improvements to non-profit arts and cultural facilities in Ward 20;

-            streetscape improvements to John Street and Mercer Street; and

-           Heritage Conservation District Studies in the King Spadina East Precinct subject to the appropriate Official Plan Amendment coming into force and effect, and design development supporting the John Street streetscape project.

b.         $100,000 of the cash contribution is to be provided prior to the enactment of Bills, for the purpose of 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, or design development for the John Street and/or Mercer Street streetscapes, and the remainder of the cash contribution is to be provided prior to the issuance of an above-grade building permit.

c.         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.

d.         Prior to Site Plan Approval for the subject property, the owner shall:

i.          submit additional information based on the proposed Conservation Strategy, to include documentation substantially in accordance with that outlined within Section 6.0 of the Implementation and Monitoring Plan of the Heritage Impact Statement, prepared by Rassech Eckler Associates LTD, date stamped as received  October 10, 2008 including an estimate of the costs associated with its execution, for the reconstruction and restoration of 56 Blue Jays Way façade to the satisfaction of the Manager of Heritage Preservation Services;

ii.         amend the existing Heritage Easement Agreement registered on the site to address the proposed construction and permitted alterations; and

iii.        submit a Conservation Plan to include, but not necessarily be limited to revised drawings, to the satisfaction of the Manager of Heritage Preservation Services that provide: elevations and sections at 1:50 scale at the following locations for the applicable proposed elements: entry at the heritage façade elevation; return walls with detailing; new canopy; signage program at heritage façade if applicable; parapet and/or cornice details; and window specifications for the entire heritage façade elevation.

e.         In accordance with the Conservation Plan, the owner shall restore the heritage façade and in the event of a lesser expenditure than identified in the Conservation Strategy, the difference shall be re‑directed to the provision of heritage studies of the King‑Spadina East Precinct.

f.          Prior to the release of a building permit, including for demolition, excavation, shoring, foundation or above grade, the owner shall:

i.          supply a Letter of Credit equal to the approved amount contained within the Conservation Plan; and

ii.         provide final plans satisfactory to the Manager, Heritage Preservation Services.

g.         Prior to the release of the Letter of Credit, the owner shall provide evidence and documentation that the project scheme has been implemented, per the approved Conservation Plan, satisfactory to the Manager, Heritage Preservation Services.

h.         The owner shall enter into an agreement with the City of Toronto to provide one floor and not less than 7 units of rental housing within the development, for a minimum of 20 years and at rents that do not exceed the average market rent by unit type (for the City of Toronto) as reported in the most recent CMHC rental market report.

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

i.          The owner shall provide a minimum of ten percent (10%) of the residential units in the building having at least three bedrooms, or be convertible to three or more bedrooms.

j.          Architectural plans, elevations and landscaping including 1:50 elevations will be secured to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the owner will be required to, in conjunction with each Site Plan Application submit 1:50 scale drawings in conformity with this requirement for the five‑storey podium.

k.         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.

l.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist on file with the Chief Planner and Executive Director of City Planning Division, date-stamped October 23, 2008.

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

n.         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 the development.

o.         The owner shall implement wind mitigation measures required by the applicant’s wind study, revised to reflect changes to the proposal as described in this report, satisfactory to the Chief Planner and Executive Director, City Planning Division, to be submitted as part of an application for Site Plan Approval.

p.         The owner shall provide and maintain in good order and operation 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.

6.         Prior to the introduction of Bills, City Council 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.

7.         Prior to the introduction of Bills, City Council require the applicant to withdraw the appeal to the Ontario Municipal Board regarding Zoning By-laws 921‑2006 and 922‑2006 arising from the 2006 King‑Spadina Secondary Plan Review.

The Toronto and East York Community Council recommends that:

1.         City Council approve the proposal subject to a maximum height of 137 m inclusive of mechanical penthouse and elevator/stair overrun.

2.         City Council amend Zoning By-law 438-86, as amended, substantially in accordance with the draft Zoning By-law Amendment (Attachment 8), subject to replacing Map 2 with the revised Map 2 to reflect the adjustment in height.

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.

4.         City Council determine that no further notice under the Planning Act be required to effect the reduction of the proposed height to 137 m.

5.         Before introducing the necessary 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 $1,000,000.00 of which 10% will be allocated to affordable housing in Ward 20, and the remainder for the provision of one or more of the following:

-           capital improvements to non-profit arts and cultural facilities in Ward 20;

-           streetscape improvements to John Street and Mercer Street; and

-           Heritage Conservation District Studies in the King Spadina East Precinct subject to the appropriate Official Plan Amendment coming into force and effect, and design development supporting the John Street streetscape project.

b.         $100,000 of the cash contribution is to be provided prior to the enactment of Bills, for the purpose of 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, or design development for the John Street and/or Mercer Street streetscapes, and the remainder of the cash contribution is to be provided prior to the issuance of an above-grade building permit.

c.         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.

d.         Prior to Site Plan Approval for the subject property, the owner shall:

i.          submit additional information based on the proposed Conservation Strategy, to include documentation substantially in accordance with that outlined within Section 6.0 of the Implementation and Monitoring Plan of the Heritage Impact Statement, prepared by Rassech Eckler Associates LTD, date stamped as received  October 10, 2008 including an estimate of the costs associated with its execution, for the reconstruction and restoration of 56 Blue Jays Way façade to the satisfaction of the Manager of Heritage Preservation Services;

ii.         amend the existing Heritage Easement Agreement registered on the site to address the proposed construction and permitted alterations; and

iii.        submit a Conservation Plan to include, but not necessarily be limited to revised drawings, to the satisfaction of the Manager of Heritage Preservation Services that provide: elevations and sections at 1:50 scale at the following locations for the applicable proposed elements: entry at the heritage façade elevation; return walls with detailing; new canopy; signage program at heritage façade if applicable; parapet and/or cornice details; and window specifications for the entire heritage façade elevation.

e.         In accordance with the Conservation Plan, the owner shall restore the heritage façade and in the event of a lesser expenditure than identified in the Conservation Strategy, the difference shall be re-directed to the provision of heritage studies of the King-Spadina East Precinct.

f.          Prior to the release of a building permit, including for demolition, excavation, shoring, foundation or above grade, the owner shall:

i.          supply a Letter of Credit equal to the approved amount contained within the Conservation Plan; and

ii.         provide final plans satisfactory to the Manager, Heritage Preservation Services.

g.         Prior to the release of the Letter of Credit, the owner shall provide evidence and documentation that the project scheme has been implemented, per the approved Conservation Plan, satisfactory to the Manager, Heritage Preservation Services.

h.         The owner shall enter into an agreement with the City of Toronto to provide one floor and not less than 7 units of rental housing within the development, for a minimum of 20 years and at rents that do not exceed the average market rent by unit type (for the City of Toronto) as reported in the most recent CMHC rental market report.

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

i.          The owner shall provide a minimum of ten percent (10%) of the residential units in the building having at least three bedrooms, or be convertible to three or more bedrooms.

j.          Architectural plans, elevations and landscaping including 1:50 elevations will be secured to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the owner will be required to, in conjunction with each Site Plan Application submit 1:50 scale drawings in conformity with this requirement for the five-storey podium.

k.         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.

l.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist on file with the Chief Planner and Executive Director of City Planning Division, date-stamped October 23, 2008.

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

n.         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 the development.

o.         The owner shall implement wind mitigation measures required by the applicant’s wind study, revised to reflect changes to the proposal as described in this report, satisfactory to the Chief Planner and Executive Director, City Planning Division, to be submitted as part of an application for Site Plan Approval.

p.         The owner shall provide and maintain in good order and operation 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.

6.         Prior to the introduction of Bills, City Council 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.

7.         Prior to the introduction of Bills, City Council require the applicant to withdraw the appeal to the Ontario Municipal Board regarding Zoning By-laws 921-2006 and 922-2006 arising from the 2006 King-Spadina Secondary Plan Review.

This application was made 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 41-storey (142 m) mixed use building with a five-storey podium incorporating the east facing heritage façade, and a 36-storey tower containing hotel and residential units at 56 Blue Jays Way.

This report reviews the application and recommends that the proposal be approved subject to a reduction in height to 120 m inclusive of mechanical penthouse and elevator/stair overrun.

Staff worked closely with the previous owner of this site and approved a 62 m height in 2007, a doubling of the previous height permission. The 62 m approval fit into its immediate height context and had no significant shadow impacts on King Street West.  The current proposal has merit in that it provides a good condition at street level, continues to incorporate the heritage façade, and provides some architectural and functional improvements over the previously approved development. It is generally consistent with the King Spadina East Precinct 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.

Staff have worked with the applicant, in consultation with the Ward Councillor, and have made some progress in achieving the built form goals of the Tall Building Guidelines and the King Spadina Built Form Study, with respect to tower floor plate size and adequate tower separation.

However, the proposal’s current height of 142 m inclusive of mechanical penthouse/elevator overrun remains inappropriate within the framework of the King Spadina Built Form Study, which recommends a Second Tier height of 90 m for this site.  The Second Tier height is based on a recognition of both the general trend of decreasing height from University to Spadina Avenue and from Front Street to Queen Street, as well as the immediately local context of 60-70 m tall buildings to the south, and recent OMB and Committee of Adjustment approvals allowing buildings of approximately 120 m to the north. This report therefore recommends that the Zoning By-law Amendment application be approved subject to a reduction in height to no more than 120 m inclusive of mechanical penthouse and elevator/stair overrun.

The reduction in height is appropriate for the following reasons:

-           The proposed height of 142 m is approximately twice the height of the recently built context (with the exception of the OMB-approved M5V development at 371-379 King Street West, at 119.5 m and the Committee of Adjustment approval of 430 King Street West at 123 m).

-           The site is located mid-block on a street that has been identified in the King-Spadina Secondary Plan as a smaller neighbourhood street, and as such does not warrant the requested height of 142 m.

-           The proposed height represents an increase of approximately 58% over the Second Tier heights recommended in the King-Spadina Built Form Study.  This increase cannot be supported without significantly compromising the recent Community Council approval of the framework of the Built Form Study.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council replace the draft Zoning By-law Amendment for 60 John Street and 12-18 Mercer Street, provided as Attachment 1 to the report dated October 7, 2009 from the Director, Community Planning, Toronto and East York District, with the revised draft Zoning By-law Amendment for 60 John Street and 12-18 Mercer Street, as attached to the motion (October 26, 2009) by Councillor Vaughan, to effect the following changes:

-           amend Map 2 to increase the height of a small portion at the east end of the podium from 18.5 m to 21.5 m, to accommodate additional indoor residential amenity space;

-           permit a pergola on the roof of the podium to extend up to 3.0 m beyond the podium height of 18.5 m; and

-             incorporate the Toronto and East York Community Council recommendation to amend the minimum parking space requirements.

2.         City Council determine that no further notice under the Planning Act be required to effect these changes.

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.

4.         Before introducing the necessary 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 $1,300,000 prior to the first above-grade building permit, of which 10% will be allocated to affordable housing in Ward 20, and the remainder for the provision of one of more of the following: streetscape improvements to John Street and Mercer Street, Heritage Conservation District Studies in the King Spadina East Precinct subject to the appropriate Official Plan Amendment coming into force and effect, and design development supporting the John Street streetscape project.

b.         A reduction of the cash contribution of the cost of relocating Bell and Rogers utility boxes from John Street to inside the development, up to a maximum of $300,000.

c.         A reduction of the cash contribution for the implementation of streetscape improvements to John Street and/or Mercer Street to a level beyond a standard Site Plan approval, to a maximum of $100,000.

d.         $50,000 of the cash contribution is to be provided prior to the enactment of Bills, for the purpose of 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, or design development for the John Street and/or Mercer Street streetscapes.

e.         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, with up to 50% of the public art contribution to be used on the development, including treatment of the proposed parking entrance on John Street, with the remainder allocated to the John Street streetscape improvement initiative.

f.          The implementation of a heritage interpretation program for Mercer Street and/or John Street to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

g.         Architectural plans, elevations and landscaping including 1:50 scale elevations, will be secured to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the owner will be required to, in conjunction with each Site Plan Application submit 1:50 scale drawings in conformity with this requirement for the five-storey podium.

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

i.          The owner shall provide a minimum of ten percent (10%) of the residential units in the building having at least three bedrooms, or be convertible to three or more bedrooms.

j.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist on file with the Chief Planner and Executive Director, City Planning Division, date-stamped August 20, 2009.

k.         The owner shall provide and maintain 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.

l.          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.

5.         Prior to the enactment of Bills, City Council require the applicant to withdraw the appeal to the Ontario Municipal Board regarding Zoning By‑laws 921‑2006 and 922‑2006 arising from the 2006 King‑Spadina Secondary Plan Review.

6.         Prior to the introduction of Bills, City Council require the applicant to provide written confirmation, satisfactory to the Supervisor, Tree Protection and Plan Review, Parks, Forestry and Recreation Division, that the neighbouring owner at 24 Mercer Street consents to the removal of a tree on the 24 Mercer property.

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 1 to the report dated October 7, 2009, from the Director, Community Planning, Toronto and East York District, and with the following additional amendments:

             a.        amending paragraph 3.(j) to read as follows:

"3.(j)    parking spaces shall be provided and maintained on the lot in accordance with the following:

(i)         a minimum of 190 parking spaces for residents and visitors shall be provided, including 3 car-share parking spaces, and including 0.06 parking spaces for each dwelling unit for the exclusive use of visitors to the building and signed as such";

             b.        deleting paragraph 3.(k); and

             c.        renumbering subsequent items accordingly.

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 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 $1,300,000 prior to the first above-grade building permit, of which 10% will be allocated to affordable housing in Ward 20, and the remainder for the provision of one of more of the following: streetscape improvements to John Street and Mercer Street, Heritage Conservation District Studies in the King Spadina East Precinct subject to the appropriate Official Plan Amendment coming into force and effect, and design development supporting the John Street streetscape project.

b.         A reduction of the cash contribution of the cost of relocating Bell and Rogers utility boxes from John Street to inside the development, up to a maximum of $300,000.

c.         A reduction of the cash contribution for the implementation of streetscape improvements to John Street and/or Mercer Street to a level beyond a standard Site Plan approval, to a maximum of $100,000.

d.         $50,000 of the cash contribution is to be provided prior to the enactment of Bills, for the purpose of 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, or design development for the John Street and/or Mercer Street streetscapes.

e.         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, with up to 50% of the public art contribution to be used on the development, including treatment of the proposed parking entrance on John Street, with the remainder allocated to the John Street streetscape improvement initiative.

f.          The implementation of a heritage interpretation program for Mercer Street and/or John Street to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

g.         Architectural plans, elevations and landscaping including 1:50 scale elevations, will be secured to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the owner will be required to, in conjunction with each Site Plan Application submit 1:50 scale drawings in conformity with this requirement for the five-storey podium.

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

i.          The owner shall provide a minimum of ten percent (10%) of the residential units in the building having at least three bedrooms, or be convertible to three or more bedrooms.

j.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist on file with the Chief Planner and Executive Director, City Planning Division, date-stamped August 20, 2009.

k.         The owner shall provide and maintain 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.

l.          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.

4.         Prior to the enactment of Bills, City Council require the applicant to withdraw the appeal to the Ontario Municipal Board regarding Zoning By-laws 921-2006 and 922-2006 arising from the 2006 King-Spadina Secondary Plan Review.

5.         Prior to the introduction of Bills, City Council require the applicant to provide written confirmation, satisfactory to the Supervisor, Tree Protection and Plan Review, Parks, Forestry and Recreation Division, that the neighbouring owner at 24 Mercer Street consents to the removal of a tree on the 24 Mercer property.

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 construct a 33-storey (111.6 metres) mixed use building consisting of a 5-storey podium along the Mercer Street and John Street frontages and a tower on the east portion of the site at 60 John Street and 12-18 Mercer Street, containing approximately 337 residential units.

The proposal replaces a commercial surface parking lot and 4-storey office building with a residential condominium. It is consistent with the King Spadina East Precinct 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 meets many of the goals of the King Spadina Secondary Plan, and 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 September 24, 2009 report, “60 John Street; 12-18 Mercer Street – Zoning By-law Amendment Application – Final Report”, recommends approval for a 33-storey mixed use building. 

At the time of report preparation, issues related to an encroachment over lands being provided to the City for lane widening were still under discussion between the applicant and staff.  This issue has now been resolved. 

This supplementary report provides an explanation of the minor changes to the proposal resulting from the resolution of the issues, and includes the Draft Zoning By-law for the proposed development, in Attachment 1.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council authorize an amendment to Zoning By-law 438-86 for the former City of Toronto substantially in accordance with the draft Zoning By-law attached as Attachment No.1 to the report (September 18, 2009) from the Director, Community Planning, Toronto and East York District.

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 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 Non-Residential Construction 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 Executive Director, City Planning Division, 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, City Planning Division.

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

i.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist on file with the Chief Planner and Executive Director, City Planning Division, date stamped 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, City Planning Division, 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, agreements 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 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.

q.         The owner shall make appropriate arrangements to secure a Limiting Distance Agreement with the owner of 400 University Avenue, prior to the introduction of the necessary Bills for enactment of the Zoning By-law.

r.          The owner be required to enter into, as a condition of condominium registration, a shared-use agreement with the Royal Canadian Military Institute (RCMI) to secure access to the amenity space, facilities, and services within RCMI for use by the residents of the residential condominium and that the agreement be satisfactory to the Chief Planner and Executive Director, City Planning Division and the Ward Councillor.

4.         Prior to introducing the necessary Bills for enactment, City Council 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.

The Toronto and East York Community Council recommends that:

1.         City Council authorize an amendment to Zoning By-law 438-86 for the former City of Toronto substantially in accordance with the draft Zoning By-law attached as Attachment No.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 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 Non-Residential Construction 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 Executive Director, City Planning Division, 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, City Planning Division.

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

i.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist on file with the Chief Planner and Executive Director, City Planning Division, date stamped 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, City Planning Division, 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, agreements 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 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.

q.         The owner shall make appropriate arrangements to secure a Limiting Distance Agreement with the owner of 400 University Avenue, prior to the introduction of the necessary Bills for enactment of the Zoning By-law.

r.          The owner be required to enter into, as a condition of condominium registration, a shared-use agreement with the Royal Canadian Military Institute (RCMI) to secure access to the amenity space, facilities, and services within RCMI for use by the residents of the residential condominium and that the agreement be satisfactory to the Chief Planner and Executive Director, City Planning Division and the Ward Councillor.

4.         Prior to introducing the necessary Bills for enactment, City Council 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.

This report responds to the request of the Toronto and East York Community Council that the Chief Planner report, in consultation with the City Solicitor, on the form of Zoning By-law to permit the proposed 42-storey mixed use building.

The application proposes 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. Although no parking was initially proposed, a revised application includes the provision of 9 parking spaces, 8 of which are proposed to be in parking stackers.

The purpose of this report is to provide further information on a Limiting Distance Agreement (LDA) and a shared-use agreement for the indoor amenity space within a proposed condominium building located at 426 University Avenue. The proposed building will replace the existing Royal Canadian Military Institute (RCMI) with a new residential condominium incorporating a new facility for the RCMI at the base levels. This report is provided in response to the motion approved by City Council at its meeting on September 30, 2009 and October 1, 2009 regarding the provision of indoor amenity space for the residential condominium.

City Council on October 26 and 27, 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. 7 to the report (September 24, 2009) from the Director, Community Planning, Toronto and East York District.

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 require the owner to enter into an agreement under Section 37 of the Planning Act to secure the following:

a.         a payment of $685,000.00, prior to the issuance of the first building permit, indexed to the non-residential Construction Price Index for Toronto, for the period from the coming into force of the By-law to the date of payment toward capital improvements to Queen’s Park;

b.         the on-site reconstruction of the façade and three-storey south wall return of the brick building at 65-67 St. Nicholas Street, to be incorporated into the podium of the new development;

c.         streetscape improvements to St. Mary Street and St. Nicholas Street abutting the site, including street tree irrigation;

d.         payment of costs for any required improvements to the municipal infrastructure, as may be determined by the Executive Director of Technical Services;

e.         payment of costs associated with pavement marking and signage as approved by the Executive Director of Technical Services; and

f.          preparation of a Construction Mitigation Plan and Resident Communications Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

4.         City Council direct the local parkland dedication funds above 5% toward improvements to Queen’s Park.

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 Zoning By-law 438-86 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.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an agreement under Section 37 of the Planning Act to secure the following:

a.         a payment of $685,000.00, prior to the issuance of the first building permit, indexed to the non-residential Construction Price Index for Toronto, for the period from the coming into force of the By-law to the date of payment toward capital improvements to Queen’s Park;

b.         the on-site reconstruction of the façade and three-storey south wall return of the brick building at 65-67 St. Nicholas Street, to be incorporated into the podium of the new development;

c.         streetscape improvements to St. Mary Street and St. Nicholas Street abutting the site, including street tree irrigation;

d.         payment of costs for any required improvements to the municipal infrastructure, as may be determined by the Executive Director of Technical Services;

e.         payment of costs associated with pavement marking and signage as approved by the Executive Director of Technical Services; and

f.          preparation of a Construction Mitigation Plan and Resident Communications Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

4.         City Council direct the local parkland dedication funds above 5% toward improvements to Queen’s Park.

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 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 29-storey residential building at 15 St. Mary Street and 65-67 St. Nicholas Street, including two-story townhouse units and retail uses at grade.  The development parcel also includes the rear portion of 692 Yonge Street.  The proposal meets the intent of the City’s Official Plan for intensification in Mixed Use Areas and reflects the principles expressed in the City’s Design Criteria for the Review of Tall Buildings Proposals.

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

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council amend Zoning By-law 438-86, as amended, of the City of Toronto substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the report (September 15, 2009) from the Director, Community Planning, Toronto and East York District.

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, 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. The agreement to be registered on title to the lands, in a manner satisfactory to the City Solicitor, will secure the following facilities, services and matters:

a.         $550,000.00 to be paid prior to the issuance of the first above-grade building permit, indexed to the non-residential Construction Price Index for Toronto, for the period from the coming into force of the By-law to the date of payment towards the Greater Yorkville Residents’ Association (GYRA) Yorkville Greening Initiative;

b.         $15,000.00 to be paid prior to the issuance of the first above-grade building permit, indexed to the non-residential Construction Price Index for Toronto, for the period from the coming into force of the By-law to the date of payment towards the Yorkville Lending Library’s Centenary Project;

c.         $335,000.00 to be paid prior to the issuance of the first above-grade building permit, indexed to the non-residential Construction Price Index for Toronto, for the period from the coming into force of the By-law to the date of payment towards capital improvements at Budd Sugarman Park and Ramsden Park;

d.         prior to site plan approval, the owner shall submit plans for interpretive panels or other interpretive materials to communicate the history of the property including the importance of Raymond Moriyama; the importance of this studio and practice as an incubator for other notable architects; and his body of work designed in this studio, including specific examples and a reference to the nearby Toronto Reference Library. The research, design and location of the interpretive materials shall be to the satisfaction of the Manager of Heritage Preservation Services;

e.         the provision of high quality materials for the podium to the satisfaction of the Chief Planner and Executive Director, City Planning Division; and

f.          the owner shall submit plans at 1:50 scale elevations for the podium detailing the high quality materials is to be provided as part of an application for Site Plan Approval.

4.         Before introducing the necessary Bills for enactment, City Council require the applicant to enter into a Site Plan Agreement under Section 41 of the Planning Act.

The Toronto and East York Community Council recommends that:

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

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, 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. The agreement to be registered on title to the lands, in a manner satisfactory to the City Solicitor, will secure the following facilities, services and matters:

a.         $550,000.00 to be paid prior to the issuance of the first above-grade building permit, indexed to the non-residential Construction Price Index for Toronto, for the period from the coming into force of the By-law to the date of payment towards the Greater Yorkville Residents’ Association (GYRA) Yorkville Greening Initiative;

b.         $15,000.00 to be paid prior to the issuance of the first above-grade building permit, indexed to the non-residential Construction Price Index for Toronto, for the period from the coming into force of the By-law to the date of payment towards the Yorkville Lending Library’s Centenary Project;

c.         $335,000.00 to be paid prior to the issuance of the first above-grade building permit, indexed to the non-residential Construction Price Index for Toronto, for the period from the coming into force of the By-law to the date of payment towards capital improvements at Budd Sugarman Park and Ramsden Park;

d.         prior to site plan approval, the owner shall submit plans for interpretive panels or other interpretive materials to communicate the history of the property including the importance of Raymond Moriyama; the importance of this studio and practice as an incubator for other notable architects; and his body of work designed in this studio, including specific examples and a reference to the nearby Toronto Reference Library. The research, design and location of the interpretive materials shall be to the satisfaction of the Manager of Heritage Preservation Services;

e.         the provision of high quality materials for the podium to the satisfaction of the Chief Planner and Executive Director, City Planning Division; and

f.          the owner shall submit plans at 1:50 scale elevations for the podium detailing the high quality materials is to be provided as part of an application for Site Plan Approval.

4.         Before introducing the necessary Bills for enactment, City Council require the applicant to enter into a Site Plan Agreement under Section 41 of the Planning Act.

This application was made on April 25, 2008 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to demolish a two-storey office building, a vacant two-storey building, and a pair of two-and-a-half-storey semi-detached dwellings, and to construct a 28-storey residential building with a four-storey podium.  The proposed building consists of 166 residential units and 165 vehicular parking spaces in five levels of underground parking accessible from McMurrich Street.  The plan proposes six two-storey grade-related units along McMurrich Street.  All servicing will take place internal to the building.

The proposed development has been found to be substantially in compliance with the development criteria for Mixed Used Areas, Apartment Neighbourhoods, Downtown, Public Realm, Built Form, and all other relevant Official Plan policies and urban design guidelines.  Thus, this report reviews and recommends approval of the application to amend the Zoning By-law.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council authorize the City Solicitor, the Chief Planner and Executive Director, City Planning, and other appropriate staff to attend any Ontario Municipal Board hearing in opposition to the current proposal.

The Toronto and East York Community Council deferred consideration of the report (August 25, 2009) from the Director, Community Planning, Toronto and East York District, respecting “Request for Direction Report - 102 Shuter Street - Official Plan Amendment and Rezoning Application”, until its next meeting to be held on October 13, 2009, with a request that the Director, Community Planning, Toronto and East York District:

1.         consider and report back to the next meeting of the Toronto and East York Community Council on the appropriateness of re-designating the lands known municipally as 102-110 Shuter Street from Neighbourhoods to Mixed-Use Areas; and

2.         have further consultation with the applicant prior to City Council giving direction to the City Solicitor, the Chief Planner and Executive Director, City Planning, and other appropriate staff to attend any Ontario Municipal Board hearing in opposition to the current proposal.

The purpose of this report is to respond to Community Council’s directions above and seek further direction on the appeal of this application to the Ontario Municipal Board.

Community Planning staff do not support re-designating the subject property at 102 Shuter Street from Neighbourhoods to Mixed-Use Areas.  The current designation is appropriate and any potential development should be in keeping with the Neighbourhoods designation.  During further consultation, the applicant and staff could not reach an agreement on an appropriate development for this site beyond the 4-storeys permitted within the Official Plan.  As a result, City Council should authorize the City Solicitor, the Chief Planner and Executive Director and other appropriate staff to attend any Ontario Municipal Board hearing in opposition to the current proposal.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council refuse the Zoning By-law Amendment Application No. 09 124901 STE 27 OZ .

2.         City Council request the Manager of Municipal Licensing and Standards, Toronto and East York District to inspect the property.

The Toronto and East York Community Council recommends that:

1.         City Council refuse the Zoning By-law Amendment Application No. 09 124901 STE 27 OZ .

2.         City Council request the Manager of Municipal Licensing and Standards, Toronto and East York District to inspect the property.

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 permit a commercial parking lot at 46 Wellesley Street East for a temporary period of three years.

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

City Council on October 26 and 27, 2009, adopted the following:

1.         In accordance with the delegated approval under By-law 229-2000, City Council recommend to the Chief Planner that the draft plan of subdivision be approved, generally as illustrated on Attachment No. 1 to the report (September 28, 2009) from the Director, Community Planning, Toronto and East York District, subject to:

a.         the conditions as generally listed in Attachment 2 to the report (September 28, 2009) from the Director, Community Planning, Toronto and East York District, which except as otherwise noted, must be fulfilled prior to the release of the plan of subdivision for registration; and

b.         such revisions to the proposed plan of subdivision or additional modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the ongoing technical review of the development.

The Toronto and East York Community Council recommends that:

1.         In accordance with the delegated approval under By-law 229-2000, City Council recommend to the Chief Planner that the draft plan of subdivision be approved, generally as illustrated on Attachment No. 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 subdivision for registration; and

b.         such revisions to the proposed plan of subdivision or additional modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the ongoing technical review of the development.

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.

BPO Ontario Properties Limited, Exchange Tower Limited, and 6537626 Canada Inc. (the owners) submitted an application for a Draft Plan of Subdivision on March 11, 2009, to divide the lands known municipally as 333 Bay Street, 10 and 40 Adelaide Street West, 40 Temperance Street, and 118 Yonge Street into three blocks to facilitate the applicant’s intention to request part lot control exemption.

In response to staff questions, the applicants have revised the proposal at this time to just apply for Draft Plan of Subdivision. They have indicated that they will apply for part lot control exemption when the future development plans are more advanced.

This report also advises that the Chief Planner may approve the Draft Plan of Subdivision.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council direct the City Solicitor together with appropriate staff to return to the Ontario Municipal Board with respect to this settlement.

2.         City Council revise its previous direction issued on June 27, 28 and 29, 2006, so as to allow for Phase 1 to proceed, subject to the following conditions being met:

a.         a Section 37 Agreement between the Owner and the City satisfactory to the Chief Planner and Executive Director, City Planning Division and the City Solicitor has been executed and registered as a first charge against the lands to the satisfaction of the City Solicitor securing the matters set forth in this report and in the attached draft Zoning By-law Amendment;

b.         the Owner enters into a Heritage Easement Agreement (HEA) with the City, satisfactory to the City Solicitor and the Manager, Heritage Preservation Services, to provide for the permanent protection of the heritage building at 6 Church Street, and such agreement has been registered as a first charge against the lands to the satisfaction of the City Solicitor;

c.         the Owner has entered into a Site Plan Agreement with the City pursuant to Section 41 of the Planning Act for Phase 1 of the development satisfactory to the Chief Planner and Executive Director, City Planning Division and the City Solicitor and such agreement has been registered against the lands to the satisfaction of the City Solicitor; and

d.         in lieu of the owner entering into a Heritage Easement Agreement with the City for 70 The Esplanade, the owner provide a payment of $150,000 for heritage conservation initiatives within the St. Lawrence Neighbourhood, prior to the earlier of the date of the execution of the Section 37 Agreement or December 31 2009.

3.         Council authorize the City Solicitor to make such technical and stylistic changes to the draft Official Plan Amendment and the draft Zoning By-law Amendment as may be required, and any other changes necessary to implement the intent of the report (September 18, 2009) from the Director, Community Planning, Toronto and East York District.

4.         City Council request that the Ontario Municipal Board withdraw its approval issued on February 22, 2007 with respect to Phase 2 lands (70 The Esplanade) should the owner of the Phase 2 lands not execute the HEA agreement for 70 The Esplanade, in a form satisfactory to the City Solicitor and the Manager, Heritage Preservation Services prior to the date of the OMB hearing.

The Toronto and East York Community Council recommends that:

1.         City Council direct the City Solicitor together with appropriate staff to return to the Ontario Municipal Board with respect to this settlement.

2.         City Council revise its previous direction issued on June 27, 28 and 29, 2006, so as to allow for Phase 1 to proceed, subject to the following conditions being met:

a.         a Section 37 Agreement between the Owner and the City satisfactory to the Chief Planner and Executive Director, City Planning Division and the City Solicitor has been executed and registered as a first charge against the lands to the satisfaction of the City Solicitor securing the matters set forth in this report and in the attached draft Zoning By-law Amendment;

b.         the Owner enters into a Heritage Easement Agreement (HEA) with the City, satisfactory to the City Solicitor and the Manager, Heritage Preservation Services, to provide for the permanent protection of the heritage building at 6 Church Street, and such agreement has been registered as a first charge against the lands to the satisfaction of the City Solicitor;

c.         the Owner has entered into a Site Plan Agreement with the City pursuant to Section 41 of the Planning Act for Phase 1 of the development satisfactory to the Chief Planner and Executive Director, City Planning Division and the City Solicitor and such agreement has been registered against the lands to the satisfaction of the City Solicitor; and

d.         in lieu of the owner entering into a Heritage Easement Agreement with the City for 70 The Esplanade, the owner provide a payment of $150,000 for heritage conservation initiatives within the St. Lawrence Neighbourhood, prior to the earlier of the date of the execution of the Section 37 Agreement or December 31 2009.

3.         Council authorize the City Solicitor to make such technical and stylistic changes to the draft Official Plan Amendment and the draft Zoning By-law Amendment as may be required, and any other changes necessary to implement the intent of this report.

4.         City Council request that the Ontario Municipal Board withdraw its approval issued on February 22, 2007 with respect to Phase 2 lands (70 The Esplanade) should the owner of the Phase 2 lands not execute the HEA agreement for 70 The Esplanade, in a form satisfactory to the City Solicitor and the Manager, Heritage Preservation Services prior to the date of the OMB hearing.

This application originally proposed a two-phased mixed-use building ranging in height from 8 to 11 storeys at 51-61 Front Street East, 6-16 Church Street and 70 The Esplanade.

The purpose of this report is to seek a revised direction from City Council regarding Concert Properties Ltd.’s appeal to the Ontario Municipal Board respecting requests for Official Plan and Zoning By-law Amendments.

The details of the development application for Phase 1 have changed slightly through the site plan review process and since City Council approved a Settlement Report on June 27, 28 and 29, 2006.

This report deals with the request from the applicant, Concert Properties Ltd., to move forward with Phase 1, allowing for a separation of the Phase 1 and Phase 2 heritage requirements and the Official Plan and Zoning By-law Amendments, should Phase 2 not move forward.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council amend Zoning By-law No.1049-2006 substantially in accordance with the draft Zoning By-law Amendment as shown on Attachment 2 to the report (September 10, 20009) from the Director, Community Planning, Toronto and East York District, to remove application of the holding symbol (“h”) from the lands located in Part of Lot 22, Registered Plan 694-E, and will be further subdivided in the East Bayfront Phase 1 Plan of Subdivision as Blocks 3, 4 and 5.

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 authorize the introduction of the necessary Bill by the City Solicitor for enactment by City Council immediately for By-law No.1049-2006 once an agreement under the Planning Act has been executed.

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law No.1049-2006 substantially in accordance with the draft Zoning By-law Amendment as shown on Attachment 2 to remove application of the holding symbol (“h”) from the lands located in Part of Lot 22, Registered Plan 694-E, and will be further subdivided in the East Bayfront Phase 1 Plan of Subdivision as Blocks 3, 4 and 5.

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 authorize the introduction of the necessary Bill by the City Solicitor for enactment by City Council immediately for By-law No.1049-2006 once an agreement under the Planning Act has been executed.

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.

A zoning by-law amendment application has been filed proposing the removal of the holding symbol (“h”), pursuant to Section 36 of the Planning Act, on the lands located on Part of Lot 22, Registered Plan 694-E on the south side of Queens Quay East, east of Jarvis Street.  These lands are part of the East Bayfront-West Precinct plan area and will be further subdivided in the East Bayfront Phase 1 Plan of Subdivision as Blocks 3, 4 and 5.  This will allow the development of the George Brown College campus with institutional uses including commercial, and a student residence to proceed.

The East Bayfront-West Precinct Zoning By-law 1049-2006 contemplates the removal of the holding symbol when specific conditions have been satisfied as outlined and where an agreement under the Planning Act has been executed.

This report recommends approval of the application to amend the Zoning By-law 1049-2006 to remove the holding symbol and associated provisions from the subject lands.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council include the property at 291 King Street West (George L. Garden Building) on the City of Toronto Inventory of Heritage Properties.

2.         City Council include the property at 293 King Street West (George L. Garden Building) on the City of Toronto Inventory of Heritage Properties.

3.         City Council include the property at 295 King Street West (James McGee Building) on the City of Toronto Inventory of Heritage Properties.

4.         City Council include the property at 297 King Street West (James McGee Building) on the City of Toronto Inventory of Heritage Properties.

5.         City Council include the property at 299 King Street West (James McGee Building) on the City of Toronto Inventory of Heritage Properties.

6.         City Council include the property at 301 King Street West (Gardiner Boyd Buildings) with the entrance address of 303 King Street West on the City of Toronto Inventory of Heritage Properties.

7.         City Council include the property at 315 King Street West (Joseph Devlin Building) on the City of Toronto Inventory of Heritage Properties.

8.         City Council include the property at 327 King Street West (the western most portion of the property with an entrance address of 333 King Street West and containing the Gardiner Boyd Buildings) on the City of Toronto Inventory of Heritage Properties.

The Toronto and East York Community Council recommends that:

1.         City Council include the property at 291 King Street West (George L. Garden Building) on the City of Toronto Inventory of Heritage Properties.

2.         City Council include the property at 293 King Street West (George L. Garden Building) on the City of Toronto Inventory of Heritage Properties.

3.         City Council include the property at 295 King Street West (James McGee Building) on the City of Toronto Inventory of Heritage Properties.

4.         City Council include the property at 297 King Street West (James McGee Building) on the City of Toronto Inventory of Heritage Properties.

5.         City Council include the property at 299 King Street West (James McGee Building) on the City of Toronto Inventory of Heritage Properties.

6.         City Council include the property at 301 King Street West (Gardiner Boyd Buildings) with the entrance address of 303 King Street West on the City of Toronto Inventory of Heritage Properties.

7.         City Council include the property at 315 King Street West (Joseph Devlin Building) on the City of Toronto Inventory of Heritage Properties.

8.         City Council include the property at 327 King Street West (the western most portion of the property with an entrance address of 333 King Street West and containing the Gardiner Boyd Buildings) on the City of Toronto Inventory of Heritage Properties.

This report recommends that City Council include properties on the south side of King Street West between John Street and Blue Jays Way on the City of Toronto Inventory of Heritage Properties.  The eight properties identified in the recommendations have cultural heritage value and support the late 19^th century commercial character of the block.  Their inclusion on the City’s heritage inventory would enable staff to monitor the sites and encourage the retention of their heritage attributes and values.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve the request to alter the structure at 32 St Andrews Gardens, a "C" rated building in the North Rosedale Heritage Conservation District, in accordance with Section 42(1) of the Ontario Heritage Act.

2.         City Council approve the plans for the alteration of the structure at 32 St Andrews Gardens as shown in the drawings prepared by J. F. Brennan Design Build dated May 2009, and dated stamped received August 20, 2009, on file with the Manager, Heritage Preservation Services, and that the alterations be completed substantially in accordance with the submitted plans, subject to the owner:

a.         Prior to the issuance of any building permit for the proposed alterations to the structure at 32 St Andrews Gardens, including a permit for the demolition, excavation and/or shoring of the subject property, provide building permit drawings with a front yard landscape plan and façade retention strategy satisfactory to the Manager, Heritage Preservation Services.

The Toronto and East York Community Council recommends that:

1.         City Council approve the request to alter the structure at 32 St Andrews Gardens, a "C" rated building in the North Rosedale Heritage Conservation District, in accordance with Section 42(1) of the Ontario Heritage Act.

2.         City Council approve the plans for the alteration of the structure at 32 St Andrews Gardens as shown in the drawings prepared by J. F. Brennan Design Build dated May 2009, and dated stamped received August 20, 2009, on file with the Manager, Heritage Preservation Services, and that the alterations be completed substantially in accordance with the submitted plans, subject to the owner:

a.         Prior to the issuance of any building permit for the proposed alterations to the structure at 32 St Andrews Gardens, including a permit for the demolition, excavation and/or shoring of the subject property, provide building permit drawings with a front yard landscape plan and façade retention strategy satisfactory to the Manager, Heritage Preservation Services.

This report recommends that City Council approve the rehabilitation of a "C" rated house in the North Rosedale Heritage Conservation District (NRHCD) in accordance with Section 42(1) of the Ontario Heritage Act, with a condition that the owner obtain approval from the Manager, Heritage Preservation Services (HPS) for the final building permit drawings.

While the proposed additions and alterations will have an impact on the cultural heritage character of the NRHCD, the negative impact will not be significant and will be appropriately mitigated.

The consent under the Ontario Heritage Act is in addition to the approval of any variances required to the existing zoning by-law.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve the amended study area (see Attachment 3 to the report dated September 11, 2009, from the Director of Policy and Research, City Planning), inclusive of the area located east of Yonge Street (including the buildings on the west side of the street), south of Adelaide Street (including buildings on the north side of the street), west of Parliament Street (including all buildings on the east side of the street) and north of the railway corridor.

2.         City Council authorize the acceptance of donations to be used to conduct the Study. All donations received should be held in a separate account designated for that purpose. 

3.         City Council authorize the reimbursement of the Consultant, if any, selected to conduct the Study from donations received for that purpose, upon completion of the professional work to the satisfaction of the Chief Planner and Executive Director of City Planning.

4.         City Council authorize the Treasurer to issue an Income Tax receipt to the donor for funds donated in the amount of $10 or more.

The Toronto and East York Community Council recommends that:

1.         City Council approve the amended study area (see attachment 3), inclusive of the area located east of Yonge Street (including the buildings on the west side of the street), south of Adelaide Street (including buildings on the north side of the street), west of Parliament Street (including all buildings on the east side of the street) and north of the railway corridor.

2.         City Council authorize the acceptance of donations to be used to conduct the Study. All donations received should be held in a separate account designated for that purpose. 

3.         City Council authorize the reimbursement of the Consultant, if any, selected to conduct the Study from donations received for that purpose, upon completion of the professional work to the satisfaction of the Chief Planner and Executive Director of City Planning.

4.         City Council authorize the Treasurer to issue an Income Tax receipt to the donor for funds donated in the amount of $10 or more.

This report examines the adopted St. Lawrence Heritage Conservation District (HCD) Study Area and provides recommendations regarding its amendment. The existing study area boundary is being re-evaluated as it does not capture enough of the "Old Town" area to properly convey the extent of its significance to the City of Toronto. The revised boundary is generally representative of the historic St. Lawrence Ward boundaries at the time of incorporation in 1834, plus the original ten blocks of the Town of York and the area leading south to the railway corridor. An amendment to the boundary would allow for a more informed, representative heritage conservation district study.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve the requested variance to permit, for identification purposes, an illuminated first party fascia sign containing an electronic message and animated display copy on a condition that the electronic animated copy features from an existing ground sign located at the entrance ramp to the underground parking garage at the northwest corner along Wellington Street frontage of the property at 200 Bay Street are removed prior to applying for a sign permit, and require that energy efficient lights be used.

2.         City Council direct the City Clerk’s Office to advise the applicant, upon approval of variances, of the requirement to obtain the necessary sign permits from the Chief Building Official.

The Toronto and East York Community Council recommends that:

1.         City Council approve the requested variance to permit, for identification purposes, an illuminated first party fascia sign containing an electronic message and animated display copy on a condition that the electronic animated copy features from an existing ground sign located at the entrance ramp to the underground parking garage at the northwest corner along Wellington Street frontage of the property at 200 Bay Street are removed prior to applying for a sign permit, and require that energy efficient lights be used.

2.         City Council direct the City Clerk’s Office to advise the applicant, upon approval of variances, of the requirement to obtain the necessary sign permits from the Chief Building Official.

This report reviews and makes recommendations on a request by Jassie Khurana of Khurana Associates, on behalf of Oxford Properties Group Inc., for approval of a variance from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit an illuminated first party fascia sign containing an electronic message and animated display copy.  The proposed sign would be installed on the staircase enclosure located on the northwest corner of the property at 200 Bay Street.

Staff recommends approval of the application conditional upon removing the electronic animated copy features from an existing ground sign located at the entrance ramp to the under ground parking garage at the northwest corner, along Wellington Street frontage of the property.  The requested variance is minor and within the general intent and purpose of the Municipal Code.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council grant an exception to the street naming policy and rename the portion of Jarvis Street between Charles Street East and Bloor Street East, as "Ted Rogers Way".

2.         City Council authorize City Officials to take the necessary action to implement the foregoing including the introduction of a by‑law.

The Toronto and East York Community Council recommends that:

1.         City Council grant an exception to the street naming policy and rename the portion of Jarvis Street between Charles Street East and Bloor Street East, as "Ted Rogers Way".

2.         City Council authorize City Officials to take the necessary action to implement the foregoing including the introduction of a by‑law.

This report recommends that, subject to the concurrence of City Council, the portion of Jarvis Street between Charles Street East and Bloor Street East be renamed as "Ted Rogers Way".

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council grant an exception to the street naming policy of avoiding similar sounding names and rename the public lane located east of Yonge Street, extending southerly from Wood Street to Carlton Street, as "Reverend Porter Lane".

2.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto, including the introduction of a naming by-law.

The Toronto and East York Community Council recommends that:

1.         City Council grant an exception to the street naming policy of avoiding similar sounding names and rename the public lane located east of Yonge Street, extending southerly from Wood Street to Carlton Street, as "Reverend Porter Lane".

2.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto, including the introduction of a naming by-law.

This report recommends that, subject to the concurrence of City Council, the public lane located east of Yonge Street, extending southerly from Wood Street to Carlton Street, be named "Reverend Porter Lane".

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve the removal of a pedestrian crossover (PXO) from the north side at the intersection of Bathurst Street and Nassau Street and, coincident with the removal of the PXO, approve installation of traffic control signals at this intersection, and that the installation be in such a manner as to not endanger the tree at the north-east corner of the intersection.

2.         Contingent upon installation of the traffic control signals in Recommendation 1, City Council prohibit eastbound to northbound left-turn and eastbound straight through movements at all times by vehicles leaving the parking lot on the west side of Bathurst Street, opposite Nassau Street.

The Toronto and East York Community Council recommends that:

1.         City Council approve the removal of a pedestrian crossover (PXO) from the north side at the intersection of Bathurst Street and Nassau Street and, coincident with the removal of the PXO, approve installation of traffic control signals at this intersection, and that the installation be in such a manner as to not endanger the tree at the north-east corner of the intersection.

2.         Contingent upon installation of the traffic control signals in Recommendation 1, City Council prohibit eastbound to northbound left-turn and eastbound straight through movements at all times by vehicles leaving the parking lot on the west side of Bathurst Street, opposite Nassau Street.

Transportation Services is requesting authority from City Council to install traffic control signals at the intersection of Bathurst Street and Nassau Street.

The installation of traffic control signals at this location will replace an existing pedestrian crossover (PXO) and enhance safety for pedestrians and motorists. Installation of the signals requires prohibiting the eastbound to northbound left-turn and the eastbound straight through movements from a private parking lot on the west side of Bathurst Street, opposite Nassau Street. Operators of the parking lot are aware of this and have no objection.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council prohibit westbound to northbound right turns on a red traffic signal display at Leslie Street and Commissioners Street/shared driveway to Ashbridges Bay Treatment Plant - Transportation Services Yard.

The Toronto and East York Community Council recommends that:

1.         City Council prohibit westbound to northbound right turns on a red traffic signal display at Leslie Street and Commissioners Street/shared driveway to Ashbridges Bay Treatment Plant - Transportation Services Yard.

Transportation Services is seeking authority from City Council to prohibit westbound to northbound right turns on a red traffic signal display at the intersection of Leslie Street and Commissioners Street. 

This prohibition is required to enhance safety at the shared driveway serving the Asbridges Bay Treatment Plant and Transportation Services yard, located on the east side of Leslie Street opposite Commissioners Street. 

This change which is proposed in conjunction with pre-approved intersection improvements for Waterfront Toronto’s Leslie Street Greening Project, Phase 2 will increase the comfort level for pedestrians and cyclists at this intersection.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council introduce pay-and-display parking regulations on the north side of Queen Street East, from a point nine metres east of Rainsford Road to a point nine metres further east, to operate from 9:00 a.m. to 9:00 p.m., Monday to Friday; 8:00 a.m. to 9:00 p.m., Saturday; and from 1:00 p.m. to 9:00 p.m., Sunday, for a maximum duration of 3 hours at a rate of $2.00 per hour.

The Toronto and East York Community Council recommends that:

1.         City Council introduce pay-and-display parking regulations on the north side of Queen Street East, from a point nine metres east of Rainsford Road to a point nine metres further east, to operate from 9:00 a.m. to 9:00 p.m., Monday to Friday; 8:00 a.m. to 9:00 p.m., Saturday; and from 1:00 p.m. to 9:00 p.m., Sunday, for a maximum duration of 3 hours at a rate of $2.00 per hour.

Transportation Services is requesting approval from City Council to introduce pay-and-display parking regulations on the north side of Queen Street East, from a point nine metres east of Rainsford Road to a point nine metres further east.  Parking is currently allowed for a maximum of three hours in this area.  This would have a negligible impact on traffic operations.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve the removal of the on-street parking space for persons with disabilities on the west side of Dufferin Street, between a point 67.5 metres north of Bank Street and a point 5.5 metres further north.

The Toronto and East York Community Council recommends that:

1.         City Council approve the removal of the on-street parking space for persons with disabilities on the west side of Dufferin Street, between a point 67.5 metres north of Bank Street and a point 5.5 metres further north.

The purpose of this report is to obtain approval for the removal of an on-street parking space for persons with disabilities on the west side of Dufferin Street, north of Bank Street.

As the Toronto Transit Commission (TTC) operates a transit service on Dufferin Street, City Council approval of this report is required.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve the installation of an on-street pick-up and drop‑off zone for disabled persons on the north side of Gerrard Street East from a point 35 metres east of Redwood Avenue to a point 5.5 metres further east.

The Toronto and East York Community Council recommends that:

1.         City Council approve the installation of an on-street pick-up and drop-off zone for disabled persons on the north side of Gerrard Street East from a point 35 metres east of Redwood Avenue to a point 5.5 metres further east.

Transportation Services is requesting City Council’s approval to establish a pick-up and drop-off zone for disabled persons fronting No. 1316 Gerrard Street East.  The loading zone will provide curb-side access for a vehicle transporting a disabled resident at that address and will result in the loss of one parking space and the associated revenue from pay-and-display parking.  TTC streetcar service along Gerrard Street East will not be negatively impacted by a disabled persons’ loading zone.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve the closure of the sidewalk and curb lane on the south side of Adelaide Street West, between a point 50 metres west of Bay Street and a point 98.7 metres west of Bay Street, from October 28, 2009 to December 31, 2011.

2.         City Council prohibit stopping at all times on the south side of Adelaide Street West, between a point 50 metres west of Bay Street and a point 98.7 metres west of Bay Street.

3.         City Council remove the existing “No Stopping, 7:30 a.m. to 9:30 a.m. and 3:30 p.m. to 6:30 p.m., Monday to Friday, except Public Holidays” regulation on the south side of Adelaide Street West, between a point 50 metres west of Bay Street and a point 98.7 metres west of Bay Street.

4.         City Council remove the existing “No Parking Anytime” regulation on the south side of Adelaide Street West, between a point 50 metres west of Bay Street and a point 98.7 metres west of Bay Street.

5.         City Council direct that Adelaide Street West be returned to its pre-construction traffic and parking regulations when the project is completed.

The Toronto and East York Community Council recommends that:

1.         City Council approve the closure of the sidewalk and curb lane on the south side of Adelaide Street West, between a point 50 metres west of Bay Street and a point 98.7 metres west of Bay Street, from October 28, 2009 to December 31, 2011.

2.         City Council prohibit stopping at all times on the south side of Adelaide Street West, between a point 50 metres west of Bay Street and a point 98.7 metres west of Bay Street.

3.         City Council remove the existing “No Stopping, 7:30 a.m. to 9:30 a.m. and 3:30 p.m. to 6:30 p.m., Monday to Friday, except Public Holidays” regulation on the south side of Adelaide Street West, between a point 50 metres west of Bay Street and a point 98.7 metres west of Bay Street.

4.         City Council remove the existing “No Parking Anytime” regulation on the south side of Adelaide Street West, between a point 50 metres west of Bay Street and a point 98.7 metres west of Bay Street.

5.         City Council direct that Adelaide Street West be returned to its pre-construction traffic and parking regulations when the project is completed.

Ellis Don Corporation is repairing an existing 72-storey office building at 100 King Street West.  Transportation Services has been requested to close the sidewalk and curb lane on the south side of Adelaide Street West for 27 months to facilitate this work.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve that the sidewalk and curb lane on the south side of Adelaide Street West, between a point 6 metres east of Bay Street and a point 48.3 metres east of Bay Street, continue to be closed from September 30, 2009 to March 31, 2011.

2.         City Council direct that Adelaide Street West be returned to its pre‑construction traffic and parking regulations when the project is complete.

Transportation Services recommends that:

1.         City Council approve that the sidewalk and curb lane on the south side of Adelaide Street West, between a point 6 metres east of Bay Street and a point 48.3 metres east of Bay Street, continue to be closed from September 30, 2009 to March 31, 2011.

2.         City Council direct that Adelaide Street West be returned to its pre-construction traffic and parking regulations when the project is complete.

Lewis Builds Corporation is building a 57-storey hotel/condominium at 311 Bay Street, on the south-east corner of Bay Street and Adelaide Street West.   They need to continue to close the sidewalk and curb lane on the south side of Adelaide Street West in order to complete construction.

Lewis Builds Corporation also needs to continue to close the public laneway at the rear of the property.  This matter is dealt with in a companion report “Extension of Public Laneway Closure Duration – Bay Street” requiring Toronto and East York Community Council approval.

City Council on October 26 and 27, 2009, adopted the following:

City Council, for liquor licensing purposes, advise the Alcohol and Gaming Commission of Ontario that it has no objection to the following requests for:

1.         a liquor licence extension for the outdoor patio area at The Factory Theatre Courtyard at 125 Bathurst Street during The Next Stage Theatre Festival, to be held from January 6‑17, 2010, from 6:00 p.m. to midnight on weeknights and 2:00 p.m. to midnight on weekends; and

2.         a temporary liquor extension from 11:00 a.m. to 2:00 a.m., from October 29 to November 1, 2009, at the Young Centre for the Performing Arts, to encompass performance spaces for the Canwest Cabaret Festival.

The Toronto and East York Community Council recommends that City Council, for liquor licensing purposes, advise the Alcohol and Gaming Commission of Ontario that it has no objection to the following requests for:

1.         a liquor licence extension for the outdoor patio area at The Factory Theatre Courtyard at 125 Bathurst Street during The Next Stage Theatre Festival, to be held from January 6-17, 2010, from 6:00 p.m. to midnight on weeknights and 2:00 p.m. to midnight on weekends; and

2.         a temporary liquor extension from 11:00 a.m. to 2:00 a.m., from October 29 to November 1, 2009, at the Young Centre for the Performing Arts, to encompass performance spaces for the Canwest Cabaret Festival.

The Toronto and East York Community Council:

A.        For liquor licensing purposes, declared the following to be events of municipal significance:

1.         Rendezvous with Madness Film Festival to be held from November 4-15, 2009, 9:00 a.m. to 1:00 p.m., at 1001 Queen Street West and 651 Dufferin Street.

2.         The Next Stage Theatre Festival to be held from January 6-17, 2010, at the Factory Theatre Mainspace and Studio.

3.         Benson Avenue Collective "Artist Week" to be held from November 7-15, 2009, in the Wychwood Barns Community Association's Gallery at the Artscape Wychwood Barns, 601 Christie Street.

4.         The Toronto Sketch Comedy Festival to be held from November 10-15, 2009 at the Theatre Passe Muraille.

B.         Deferred consideration of the communication (September 15, 2009) from Verle A. Mobbs, Canadian Music Week 2010, until the next meeting of the Toronto and East York Community Council to be held on November 10, 2009.

Seeking endorsement of events of municipal significance for Liquor Licensing Purposes.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council amend Chapter 918 of the City of Toronto Municipal Code, Parking on Residential Front Yards and Boulevards, to reflect that appeals in Ward 14 are not permitted except in accordance with the criteria as identified in Subsection 918‑21B.

2.         City Council authorize the appropriate staff to introduce in Council any bills that may be necessary to give effect thereto.

The Toronto and East York Community Council recommends that:

1.         City Council amend Chapter 918 of the City of Toronto Municipal Code, Parking on Residential Front Yards and Boulevards, to reflect that appeals in Ward 14 are not permitted except in accordance with the criteria as identified in Subsection 918-21B.

2.         City Council authorize the appropriate staff to introduce in Council any bills that may be  necessary to give effect thereto.

At the March 5, 6, 7, and 8, 2007 meeting of the Toronto City Council, Council adopted Recommendation 2 of TE3.20 and by so doing imposed a moratorium on the acceptance of front yard parking applications in Ward 14.

It is requested that Chapter 918 of the City of Toronto Municipal Code be amended to Reflect that appeals are not permitted in Ward 14 except in accordance with the criteria set out in Subsection 918-21B.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council authorize the City Solicitor to take all appropriate legal action in consultation with the Chief Planner to enforce the developer’s obligation in respect of 318 Clinton Street.

The Toronto and East York Community Council recommends that:

1.         City Council authorize the City Solicitor to take all appropriate legal action in consultation with the Chief Planner to enforce the developer’s obligation in respect of 318 Clinton Street.

The Toronto and East York Community Council passed a motion at its September 15, 2009 meeting directing the Chief Planner, in conjunction with the City Solicitor, to report at the October 13, 2009 Toronto and East York Community Council meeting on the incomplete and unsatisfactory items by the developer of 318 Clinton Street and what actions need to be taken to bring this property up to acceptable standards.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence application for Wrong Bar, 1279 Queen Street (“Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

2.          City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

3.          City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.

The Toronto and East York Community Council recommends that:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence application for Wrong Bar, 1279 Queen Street (“Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

2.         City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.

Wrong Bar Inc. has submitted an application for a liquor licence capacity increase to the Alcohol and Gaming Commission of Ontario (“AGCO”) for the premises at 1279 Queen Street West to operate under the name of Wrong Bar (“Premises”). The applicant is seeking a liquor licence for a capacity of 330 from 208 for the main floor.

The Premises is located in an MCR zone and is licensed as a restaurant.  The request for capacity increase from 208 to 330 is excessive and does not match the occupancy load of other establishments in the area.  Area residents are concerned that any licensed establishment which has a history of problems for past licensees can only lead to an increase in problems in the future. Their concerns relate in particular to noise, litter, safety and security, and other disturbances to residents in the area.

This application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence. Given the large capacity being sought for the Premises, under no circumstance should it be granted a liquor sales licence without conditions attached.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence application for Captain Jack’s, 1521 Queen Street West  (“Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

2.         City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.

The Toronto and East York Community Council recommends that:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence application for Captain Jack’s, 1521 Queen Street West  (“Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

2.         City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.

1806625 Ontario Inc. has submitted an application for a liquor licence transfer to the Alcohol and Gaming Commission of Ontario (“AGCO”) for the premises at 1521 Queen Street West to operate under the name of Captain Jack’s (“Premises”). The applicant is seeking a liquor licence transfer for The Premises.

There is a history of illegal activity at the Premises. This includes the operation of a methamphetamine lab.  The Premises has held an active licence, however, the building has been vacant since it was closed by Toronto Fire Services last year.

This application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence. Under no circumstance should the liquor licence transfer be granted without conditions attached.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence application for Parts and Labour, 1566 Queen Street West (“Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

2.         City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.

The Toronto and East York Community Council recommends that:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence application for Parts and Labour, 1566 Queen Street West (“Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

2.         City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.

2154970 Ontario Limited has submitted an application for a liquor licence to the Alcohol and Gaming Commission of Ontario (“AGCO”) for the premises at 1566 Queen Street West to operate under the name of Parts and Labour (“Premises”). The applicant is seeking a liquor licence for a capacity of 142 for the main floor (Lounge/Bar), 174 for second floor rooftop and 18 for the patio.

There are discrepancies with the application that need to be confirmed prior to licence issuance regarding occupancy and the rooftop patio.  Building has issued a permit for 417 occupancy load for the basement and ground floor only (163 basement, 254 ground) and in the current zoning a rooftop patio is not permitted at this The Premises.

This application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence. Given the large capacity being sought for the Premises, under no circumstance should it be granted a liquor sales licence without conditions attached.