North York Community Council
The full agenda, as filed
All 23 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
NY4.1forwarded without recommendation
This application proposes to amend the Official Plan and Zoning By-law to permit a 33-storey residential building with a height of 105.80 metres plus mechanical penthouse, containing 367 units with vehicle access taken from the existing public laneway on the west side of the site. The overall gross floor area is 24,845 m² resulting in a Floor Space Index of 4.99 times the lot area at 15, 19 and 21 Holmes Avenue. The application proposes to demolish fourteen existing dwelling units, of which 12 are condominium townhouses that are currently rented and two are house form rental dwelling units. A total of 125 parking spaces will be provided within a 3-level underground garage and 367 bicycle parking spaces will be provided on the mezzanine level (208 spaces) and underground garage (159 spaces). A public laneway is located on the west perimeter of the site that runs the full length of the subject block from Holmes Avenue to the north and Byng Avenue to the south. The public laneway provides access to parking and site servicing at the rear of the two-storey retail buildings fronting Yonge Street. Through the redevelopment of this site, the existing public laneway will be widened to six metres for the portion that abuts the subject site. The proposal provides for appropriate residential intensification within the North York Centre consistent with the key objectives of the North York Centre Secondary Plan. The proposed development reinforces the existing and planned built form context for the area and provides improved multi-modal infrastructure to promote active transportation uses. The proposed development is consistent with the Provincial Policy Statement (2014) and conforms to the Growth Plan for the Greater Golden Horseshoe (2017) as the proposal promotes an efficient use of land and infrastructure that maximizes the number of transit users within walking distances of a subway station (Finch Subway Station). This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law and the processing of the Rental Housing Demolition application.
North York Community Council submits this item to City Council without recommendation.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the Official Plan for the lands at 15, 19 and 21 Holmes Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to this report, as follows: i. provide a maximum building height of 105.80 metres excluding the mechanical penthouse; ii. permit a residential development of 100 dwelling units or greater be required to provide a minimum of 1.46 square metres per dwelling unit of private outdoor recreational space; iii. permit the private outdoor recreational space to be provided above-grade and on the fourth floor; and iv. permit a bicycle parking room on the mezzanine level. 2. City Council amend the Zoning By-law No. 7625, for the lands at 15, 19, 21 Holmes Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to this report. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required. 4. Before introducing the necessary Bills to City Council for enactment, require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. an indoor bicycle parking room with a minimum area of 199 m² containing 208 bicycle parking spaces and a bicycle repair area located on the mezzanine level and directly accessible to the outdoors via a bicycle ramp; ii. a minimum of 1.5 square metres per dwelling unit of indoor recreational amenity space; iii. the owner shall provide a monetary contribution by way of certified cheque in a form that is satisfactory to the City to fund up to 5,967 square metres of proposed gross floor area to be used by the City in its sole discretion toward the provision of public recreation centres and social facilities and/or toward the cost of constructing and furnishing such facilities and/or toward the cost of the City acquiring lands necessary for the completion of planned service roads and associated road network and buffer areas in the North York Centre including any improvements thereto for the purposes of pedestrian enhancing measures. Such contribution shall be provided to the City prior to the issuance of the first building permit. Such contribution shall be indexed upwardly to the Toronto Real Estate Board Market Watch Index from the date of execution of the Section 37 Agreement. For further clarity, funds from the monetary contribution will also be used for and subtracted from the amount of the monetary contribution as follows: 1. pedestrian, road and bicycle infrastructure improvements to Holmes Avenue as well as intersection improvements to Holmes Avenue and Doris Avenue, with a detailed cost estimate to be submitted to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services. 2. above base pedestrian improvements to the common outdoor space (mid-block connection) including enhanced pedestrian signage, lighting and enhanced hard and soft landscaping. A detailed cost estimate to be submitted to the satisfaction of the Chief Planner and Executive Director, City Planning. b. the following matters are also recommended to be secured in the Section 37 Agreement to support development but are not eligible for additional gross floor area incentives: i. a common outdoor space (mid-block connection) to be located adjacent to the building connecting the public park to the public lane and shall be designed in accordance with the conditions of site plan approval for the project including providing a public access easement and any supporting easements, in favour of the City, to the satisfaction of the City Solicitor; ii. transportation demand measures including the provision of a real time transit display, electric car charging stations and the provision of two car share spaces; iii. the owner shall provide tenant relocation assistance to all eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning; and iv. the Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 of the Planning and Growth Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of item PG23.9 of the Planning and Growth Committee, and as may be further amended by City Council from time to time. 5. City Council authorize the Chief Planner and Executive Director, City Planning Division, to issue the Preliminary Approval for the application made under Municipal Code Chapter 667 for the demolition of the 2 rental dwelling units at 19-21 Holmes Avenue after all of the following have occurred: a. the Chief Planner and Executive Director, City Planning has approved the application to demolish the existing rental units; b. the issuance of excavation and shoring permits for the approved development of the site; and c. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning Division, or their designate, pursuant to Section 114 of the City of Toronto Act, 2006. 6. City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division, has given preliminary approval referred to in Recommendation 5. 7. City Council authorize the Chief Building Official to issue a demolition permit under Section 33 of the Planning Act no earlier than the issuance of the first building permit for excavation and shoring of the development, and after the Chief Planner and Executive Director, City Planning Division, has given Preliminary Approval referred to in Recommendation 5, such permit may be included in the demolition permit for Chapter 667 under 363-11.1, of the Municipal Code, on condition that: a. the owner erects a residential building on site no later than 3 years from the day demolition of the buildings is commenced; and b. should the owner fail to complete the new building within the time specified in condition (a) above, the City Clerk shall be entitled to enter on the collector's roll, to be collected in a like manner as municipal taxes, the sum of $20,000.00 for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued. 8. City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by the owner of the above base park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost of the owner of designing and constructing the above base park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of the development charges payable for the development in accordance with the City's development charges by-law, as may be amended from time to time. 9. Before introducing the necessary bills to City Council for enactment, outstanding engineering issues outlined in the memo dated June 14, 2018 from Engineering and Construction Services as they relate to the zoning by-law amendment to be addressed to the satisfaction of Director, Community Planning, North York District in consultation with the Executive Director and Chief Engineer, Engineering and Construction Services.
NY4.2deferred
Preliminary Report - Zoning By-law Amendment Application - 240 and 242 Finch Avenue West
This report provides information and identifies a preliminary set of issues regarding the revised application located at 240 and 242 Finch Avenue West. Staff are currently reviewing the application. It has been circulated to all appropriate agencies and City divisions for comment. Staff will proceed to schedule a community consultation meeting for the application with the Ward Councillor.
North York Community Council: 1. Deferred consideration of the item until its next meeting on April 24, 2019.
Staff recommendation as filed
The City Planning Division recommends that: 1. Staff schedule a community consultation meeting for the revised application located at 240 and 242 Finch Avenue West together with the Ward Councillor. 2. Notice for the community consultation meeting be given to landowners and residents within 120 metres of the application site, and to additional residents, institutions and owners to be determined in consultation with the Ward Councillor, with any additional mailing costs to be borne by the applicant.
NY4.3adopted
Parking Amendments - Eunice Road
This staff report is about a matter for which Community Council has delegated authority to make a final decision, provided that it is not amended so that it varies with City policy or by-laws. Transportation Services is requesting North York Community Council to amend the parking regulations on Eunice Road, east of Ambrose Road, to allow one hour time limit parking between 8:00 a.m. and 4:00 p.m., Monday to Friday to provide additional parking for patients destined to 1100 Sheppard Avenue East. The proposed parking amendments will provide approximately nine additional parking spaces. The existing parking prohibition on this street will be maintained at all other times.
North York Community Council: 1. Rescinded the existing parking prohibition in effect at anytime on the south and east sides of Eunice Road, between Ambrose Road and Marcelline Crescent (south intersection). 2. Prohibited parking at anytime on the south and east sides of Eunice Road, between a point 69 metres east of Ambrose Road and Marcelline Crescent (south intersection). 3. Authorized parking for a maximum period of one hour, from 8:00 a.m. to 4:00 p.m., Monday to Friday, on the south side of Eunice Road, between a point 15 metres east of Ambrose Road and a point 54 metres further east. 4. Prohibited parking from 4:00 p.m. of one day to 8:00 a.m., the next following day, Monday to Friday and anytime Saturday and Sunday, on the south side of Eunice Road, between a point 15 metres east of Ambrose Road and a point 54 metres further east.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services recommends that North York Community Council: 1. Rescind the existing parking prohibition in effect at anytime on the south and east sides of Eunice Road, between Ambrose Road and Marcelline Crescent (south intersection). 2. Prohibit parking at anytime on the south and east sides of Eunice Road, between a point 69 metres east of Ambrose Road and Marcelline Crescent (south intersection). 3. Authorize parking for a maximum period of one hour, from 8:00 a.m. to 4:00 p.m., Monday to Friday, on the south side of Eunice Road, between a point 15 metres east of Ambrose Road and a point 54 metres further east. 4. Prohibit parking from 4:00 p.m. of one day to 8:00 a.m., the next following day, Monday to Friday and anytime Saturday and Sunday, on the south side of Eunice Road, between a point 15 metres east of Ambrose Road and a point 54 metres further east.
NY4.4adopted
Traffic Regulations - Herons Hill Way
This staff report is about a matter for which Community Council has delegated authority to make a final decision, provided that it is not amended so that it varies with City policy or by-laws. Transportation Services is requesting approval to implement appropriate traffic regulations on Herons Hill Way, between Yorkland Road and Sheppard Avenue East. Herons Hill Way is a dedicated but unassumed street and traffic regulations are recommended to promote a safe and efficient operation. These regulations include an accessible loading zone on the flankage of the condominium at 275 Yorkland Road.
North York Community Council: 1. Reduced the speed limit from 50 km/h to 40 km/h on Herons Hill Way, between Yorkland Road and Sheppard Avenue East. 2. Prohibited parking at all times on the north side of Herons Hill Way, between Yorkland Road and a point 25 metres further east. 3. Prohibited parking at all times on the north/west sides of Herons Hill Way, between a point 45 metres east of Yorkland Road and Sheppard Avenue East. 4. Approved an accessible loading zone to operate at all times on the north side of Herons Hill Way, between a point 25 metres east of Yorkland Road and a point 20 metres further east. 5. Prohibited parking at all times on the south/east sides of Herons Hill Way, between a point 150 metres east of Yorkland Road and Sheppard Avenue East.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services recommends that North York Community Council: 1. Reduce the speed limit from 50 km/h to 40 km/h on Herons Hill Way, between Yorkland Road and Sheppard Avenue East. 2. Prohibit parking at all times on the north side of Herons Hill Way, between Yorkland Road and a point 25 metres further east. 3. Prohibit parking at all times on the north/west sides of Herons Hill Way, between a point 45 metres east of Yorkland Road and Sheppard Avenue East. 4. Approve an accessible loading zone to operate at all times on the north side of Herons Hill Way, between a point 25 metres east of Yorkland Road and a point 20 metres further east. 5. Prohibit parking at all times on the south/east sides of Herons Hill Way, between a point 150 metres east of Yorkland Road and Sheppard Avenue East.
NY4.5adopted
To obtain North York Community Council approval for the amendment of the Fire Route By-law to designate certain locations as fire routes within the meaning of City of Toronto Municipal Code Chapter 880, as amended. Fire Services uses designated fire routes as a key mechanism in regulating fire prevention, including the prevention of spreading of fires and the delivery of fire protection services.
North York Community Council: 1. Designated part or those parts of the private road or roads shown on the site plans filed with the Fire Chief in respect of the municipal addresses set out below, as a fire route pursuant to Municipal Code Chapter 880 - Fire Routes: a. 36 Scarsdale Road; b. 101 Erskine Avenue; and c. 37-39 Drewry Avenue. 2. Authorized the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.
Staff recommendation as filed
The Fire Chief and General Manager, Toronto Fire Services recommends that: 1. North York Community Council designate part or those parts of the private road or roads shown on the site plans filed with the Fire Chief in respect of the municipal addresses set out below, as a fire route pursuant to Municipal Code Chapter 880 - Fire Routes: a. 36 Scarsdale Road; b. 101 Erskine Avenue; and c. 37-39 Drewry Avenue. 2. North York Community Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.
NY4.6adopted
Designation of Fire Routes and amendment to Chapter 880 - Fire Routes - 55 Ann O'Reilly Road
To obtain North York Community Council approval for the amendment of the Fire Route By-law to designate certain locations as fire routes within the meaning of City of Toronto Municipal Code Chapter 880, as amended. Fire Services uses designated fire routes as a key mechanism in regulating fire prevention, including the prevention of spreading of fires and the delivery of fire protection services.
North York Community Council: 1. Designated part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal address set out below, as fire routes pursuant to Municipal Code Chapter 880 - Fire Routes: a. 55 Ann O'Reilly Road. 2. Authorized the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.
Staff recommendation as filed
The Fire Chief and General Manager, Toronto Fire Services recommends that: 1. North York Community Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal address set out below, as fire routes pursuant to Municipal Code Chapter 880 - Fire Routes: a. 55 Ann O'Reilly Road. 2. North York Community Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.
NY4.7adopted
Appointments to Business Improvement Area Boards of Management
The purpose of this report is to appoint directors to the MarkeTO District Board of Management for the new term of Council and make necessary changes to Schedule A of the Municipal Code, Chapter 19.
North York Community Council: 1. In accordance with the City's Public Appointments Policy, appointed the following nominees to the Business Improvement Area (BIA) Boards of Management set out below at the pleasure of North York Community Council, and for a term expiring at the end of the term of Council or as soon thereafter as successors are appointed: MarkeTO District: Bennett, Sr. Catherine Di Maria, Lita Khoury, Lionel Luciano, Anthony Maiolo, Domenic Mancini, Luana Torchetti, Gabriele Valentini, Emilia 2. Directed that Schedule A of the Municipal Code Chapter 19, Business Improvement Areas, be amended by changing the number of directors of the following Board of Management: MarkeTO District 9
Staff recommendation as filed
The General Manager, Economic Development and Culture recommends that North York Community Council: 1. In accordance with the City's Public Appointments Policy, appoint the following nominees to the Business Improvement Area (BIA) Boards of Management set out below at the pleasure of North York Community Council, and for a term expiring at the end of the term of Council or as soon thereafter as successors are appointed: MarkeTO District: Bennett, Sr. Catherine Di Maria, Lita Khoury, Lionel Luciano, Anthony Maiolo, Domenic Mancini, Luana Torchetti, Gabriele Valentini, Emilia 2. Direct that Schedule A of the Municipal Code Chapter 19, Business Improvement Areas, be amended by changing the number of directors of the following Board of Management: MarkeTO District 9
NY4.8amended
Endorsement of Events for Liquor Licensing Purposes
Seeking endorsement of event for Municipal Significance for liquor licensing purposes.
North York Community Council: 1. Under its delegated authority under Chapter 27, Council Procedures, declared the following to be an event of municipal significance, for liquor licensing purposes: a. "Celebra a Mama a la Mexicana en Toronto" event, to be held on May 11, 2019 from 5:00 p.m. to 10:00 p.m. at the North York Memorial Community Hall, 5110 Yonge Street, Concourse Level. 2. Deleted Part 1.a. of the decision, under the heading "Decision Advice and Other Information" on North York Community Council Item NY3.23, and adopted instead the following: "a. the "Foodalicious Food Festival" event to be held on June 15, 2019 from 11:00 a.m. to 11:00 p.m. and on June 16, 2019 from 11:00 a.m. to 8:00 p.m. at Downsview Park, 35 Carl Hall Road;".
NY4.9amended
Request to Demolish the Residential Building at 50 Old Colony Road
This staff report is about a matter for which the North York Community Council has delegated authority to make a final decision. In accordance with Section 33 of the Planning Act and the City of Toronto Municipal Code Ch. 363, Article II "Demolition Control", the application for the demolition of an existing two storey vacant single detached dwelling at 50 Old Colony Road is being referred to the North York Community Council to refuse or grant the demolition application, including any conditions to be attached to the permit, because a building permit has not been issued for a replacement building.
North York Community Council: 1. Approved the application to demolish the vacant residential building at 50 Old Colony Road, with the following conditions: a. that construction fences be erected in accordance with the provisions of the Municipal Code, Chapter 363, Article III, if deemed appropriate by the Chief Building Official; b. that all debris and rubble be removed immediately after demolition; c. that sod be laid on the site and that the site be maintained free of garbage and weeds, in accordance with the Municipal Code Chapter 629-10, paragraph B and 629-11; and d. that any holes on the property be backfilled with clean fill.
Staff recommendation as filed
The Director and Deputy Chief Building Official, Toronto Building, North York District, recommends that the North York Community Council give consideration to the demolition application for 50 Old Colony Road, and decide to: 1. Refuse the application to demolish the vacant residential building because there is no permit application to replace the building on the site. Or, 2. Approve the application to demolish the vacant residential building without any conditions. Or, 3. Approve the application to demolish the vacant residential building with the following conditions: a. that construction fences be erected in accordance with the provisions of the Municipal Code, Chapter 363, Article III, if deemed appropriate by the Chief Building Official; b. that all debris and rubble be removed immediately after demolition; c. that sod be laid on the site and that the site be maintained free of garbage and weeds, in accordance with the Municipal Code Chapter 629-10, paragraph B and 629-11; and d. that any holes on the property are backfilled with clean fill.
NY4.10deferred
Transportation Services recommends that a 2.0 metre wide strip of the public lane abutting the south limit of 61 Cleveland Street, be permanently closed. The portion of the public lane to be closed will be incorporated into the abutting property at 61 Cleveland Street.
North York Community Council: 1. Deferred consideration of the item until its meeting on April 24, 2019.
Staff recommendation as filed
Transportation Services recommends that: 1. City Council authorize the permanent closure of a 2.0 metre wide strip of the public lane abutting the south limit of 61 Cleveland Street, designated as Parts 1 and 2 on Reference Plan 66R-30558 and also shown as Part 1 on Sketch No. PS-2016-060 (the "Lane"), attached to the report dated February 14, 2019, from the Director, Transportation Planning and Capital Program, Transportation Services. 2. City Council enact a by-law substantially in the form of the draft by-law attached as Appendix "A" to the report dated February 14, 2019, from the Director, Transportation Planning and Capital Program, Transportation Services.
NY4.11deferred
Residential Access Appeal - 257 St. Germain Avenue
This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision provided it is in keeping with City policy or by-laws. Transportation Services is objecting to a proposed second residential access for 257 St. Germain Avenue at the rear of the premises off of Greer Road to access a new parking pad on private property that will be located between the residences and property lines of 255 St. Germain Avenue and 214 Greer Road. The proposed second access does not comply with the City of Toronto Driveway Entrance Policy that was approved by City Council. This policy stipulates that a residence having a frontage that is less than 15.2 metres in width does not qualify for more than one driveway entrance. The frontage of 257 St. Germain Avenue is 7.6 metres wide and there is an existing access leading to the integral garage off of St. Germain Avenue. In addition, the proposed 2.6 metre wide access between the extended property lines of the owners of 255 St. Germain Avenue and 214 Greer Road is narrow and would be difficult to navigate given the existing retaining wall at the City sidewalk which is adjacent to the proposed access, and the proposed 0.4 metre wide landscape strip. Furthermore, 257 St. Germain Avenue is not a corner property, and therefore, a second residential access off of Greer Road should be denied for this residence. The proposed second access does not comply with the City's Driveway Entrance Policy or the provisions of Chapter 743-42, Streets and Sidewalks, Use of, Article VII Clauses A and E. The owner will be given an opportunity to make a deputation before Community Council.
North York Community Council: 1. Deferred consideration of the item until its meeting on April 24, 2019.
Staff recommendation as filed
The Director, Permits and Enforcement, Transportation Services, North York District, recommends that North York Community Council: 1. Refuse the request for a second access off of Greer Road at 257 St. Germain Avenue. Or, 2. Approve the request for a second access off of Greer Road at 257 St. Germain Avenue, subject to the following conditions: a. the property owner shall submit written confirmation from the affected property owners at 255 St. Germain Avenue and at 214 Greer Road indicating that they will not install a fence/retaining wall or other obstruction on private property adjacent to the parking pad as to do so will invalidate the parking pad requiring its removal and ramp removal from the public right of way at the owner's expense; b. the property owner shall assume responsibility and maintain adequate insurance acceptable to the City for any claims or damages related to the access being constructed within a restricted space adversely impacting on the turning radius particularly with regard to the existing retaining wall and proposed 0.4 metre wide landscape strip adjacent to the access fronting Greer Road; c. the property owner must agree to enter into an agreement registered on title to ensure that future property owners of 257 St. Germain Avenue will be advised and aware of the specific conditions of approval of the maintenance of the second access to the parking pad between the properties of 255 St. Germain Avenue and 214 Greer Road; and d. the property owner must agree to any other conditions arising from the construction of the second access on the public right of way including payment for the traffic sign relocation to 255 St. Germain Avenue, payment for the ramp installation and ramp removal should the parking pad become obsolete or require removal for any other valid reason at a later date.
NY4.12adopted
Encroachment Appeal - 175 Haddington Avenue
This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision provided it is in keeping with City policy or by-laws. Transportation Services is requesting authority to enter into an encroachment agreement with the owners of 175 Haddington Avenue to maintain an existing 1.8 metre high wooden fence on Clyde Avenue with a 3.5 metre setback from the roadway curb at the subject premises. The fence on the public right of way does not meet the requirements of the City of Toronto Municipal Code, Chapter 743, Streets and Sidewalks, Use of. The owner will be given an opportunity to make a deputation before Community Council.
North York Community Council: 1. Approved the request to maintain a 1.8 metre high wooden fence on the flankage of 175 Haddington Avenue on the public right of way, subject to the following conditions: a. the property owners enter into an encroachment agreement with the City of Toronto at the applicant's expense and assume all liability and damages related to the encroachment; b. the property owners must retain valid property insurance for the duration of the encroachments in case there are any claims initiated due to the encroachment; and c. the property owners agree that the City and/or utility companies may remove the fence in order to install or maintain services within the affected public right of way with no obligation to replace the encroachment.
Staff recommendation as filed
The Director, Transportation Services, Permits and Enforcement recommends that: 1. North York Community Council approve the request to maintain a 1.8 metre high wooden fence on the flankage of 175 Haddington Avenue on the public right of way, subject to the following conditions: a. the property owners enter into an encroachment agreement with the City of Toronto at the applicant's expense and assume all liability and damages related to the encroachment; b. the property owners must retain valid property insurance for the duration of the encroachments in case there are any claims initiated due to the encroachment; and c. the property owners agree that the City and/or utility companies may remove the fence in order to install or maintain services within the affected public right of way with no obligation to replace the encroachment.
NY4.13adopted
Encroachment Appeal - 14 Joyce Parkway
This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision provided it is in keeping with City policy or by-laws. Transportation Services is also requesting authority to enter into an encroachment agreement with the owners of 14 Joyce Parkway for a 1.82 metre high wooden fence, with a 1.78 metre setback from the roadway curb. Transportation Services is also requesting authority to maintain an existing pool house (3.35 metres high, 6.15 metres long and 3.35 metres wide), setback 3.30 metres from the roadway curb on Sage Avenue at the subject premises. The pool enclosure fence and pool house on the public right of way do not meet the requirements of the City of Toronto Municipal Code, Chapter 743, Streets and Sidewalks, Use of. The owner will be given an opportunity to make a deputation before Community Council.
North York Community Council: 1. Approved the request to maintain a 1.82 metre high wooden fence and wooden pool house on the flankage of the subject premises on the public right of way at 14 Joyce Parkway, subject to the following conditions: a. the property owners enter into an encroachment agreement with the City of Toronto at the applicant's expense and assume all liability and damages related to the encroachment; b. the property owners must retain valid property insurance for the duration of the encroachments in case there are any claims initiated due to the encroachment; c. the property owners agree that the City and/or utility companies may remove the fence and pool house in order to install or maintain services within the affected public right of way with no obligation to replace the encroachments; d. the property owner will remove the encroachments if required by the General Manager, Transportation Services, at any time and restore the street to the satisfaction of the General Manager, Transportation Services; and e. the property owner must comply with City of Toronto Municipal Code, Chapter 447, Fences, if the fence encroachment is altered or removed from the City right of way.
Staff recommendation as filed
The Director, Transportation Services, Permits and Enforcement, recommends that: 1. North York Community Council approve the request to maintain a 1.82 metre high wooden fence and wooden pool house on the flankage of the subject premises on the public right of way at 14 Joyce Parkway, subject to the following conditions: a. the property owners enter into an encroachment agreement with the City of Toronto at the applicant's expense and assume all liability and damages related to the encroachment; b. the property owners must retain valid property insurance for the duration of the encroachments in case there are any claims initiated due to the encroachment; c. the property owners agree that the City and/or utility companies may remove the fence and pool house in order to install or maintain services within the affected public right of way with no obligation to replace the encroachments; d. the property owner shall remove the encroachments if required by the General Manager, Transportation Services, at any time and restore the street to the satisfaction of the General Manager, Transportation Services; and e. the property owner must comply with City of Toronto Municipal Code, Chapter 447, Fences, if the fence encroachment is altered or removed from the City right of way.
NY4.14deferred
Encroachment Appeal - 18 Felbrigg Avenue
This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision provided it is in keeping with City policy or by-laws. Transportation Services is objecting to the proposed maintenance of an existing 1.8 metre high wooden fence on Felbrigg Avenue unless it is reduced to a maximum 1.0 metre height. The fence on the public right of way does not meet the requirements of the City of Toronto Municipal Code, Chapter 743, Streets and Sidewalks, Use of. The owner will be given an opportunity to make a deputation before Community Council.
North York Community Council: 1. Deferred consideration of the item until its meeting on April 24, 2019.
Staff recommendation as filed
The Director, Permits and Enforcement, Transportation Services, North York District, recommends that North York Community Council: 1. Refuse the request to maintain a 1.8 metre high wooden fence on the flankage of the subject premises within the public right of way at 18 Felbrigg Avenue. Or, 2. Approve the request to maintain a 1.8 metre high wooden fence on the flankage of the subject premises within the public right of way 18 Felbrigg Avenue subject to the following conditions: a. the property owners enter into an encroachment agreement with the City of Toronto at the applicant's expense and assume all liability and damages related to the encroachment; b. the property owners must retain valid property insurance for the duration of the encroachment in case there are any claims initiated due to the encroachment; c. the property owners agree that the City and/or utility companies may remove the fence in order to install or maintain services within the affected public right of way with no obligation to replace the encroachment; and d. the property owners agree to reduce the fence height to a maximum 1.0 metre height to preclude traffic sightline impediment affecting the neighbour's driveway.
NY4.15adopted
Encroachment Appeal - 101-191 Ravel Road
This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision provided it is in keeping with City policy or by-laws. Transportation Services is requesting authority to enter into an encroachment agreement with the owner of 101-191 Ravel Road to maintain concrete stairs with metal railings on either side within the public road allowance. The stairs and railings within the public road allowance are 9.03 metres long and have a combined height of 4.07 metres. No setback is provided from the city sidewalk at the north-east corner of Finch Avenue East and Leslie Street. The footings of the stairs and metal railings do not exceed a depth of 1.2 metres. The stairs with metal railings on either side within the public right of way do not meet the requirements of the City of Toronto Municipal Code, Chapter 743, Streets and Sidewalks, Use of, for delegated approval as an encroachment by the General Manager, Transportation Services. The owner will be given an opportunity to make a deputation before Community Council.
North York Community Council: 1. Approved the request to maintain concrete stairs with metal railings on either side within the public road allowance that are 9.03 metres long and have a combined height of 4.07 metres with no setback from the city sidewalk at the north-east corner of Finch Avenue East and Leslie Street, as required to provide pedestrian access to 101-191 Ravel Road, subject to the following conditions: a. the property owner shall, at their own expense, enter into an encroachment agreement with the City of Toronto on terms and conditions satisfactory to the General Manager, Transportation Services; b. the property owner shall assume all liability and damages related to the encroachments and release and indemnify the City with respect to any claims in relation thereto; c. the property owner must retain valid property insurance for the duration of the encroachment installation on the right of way in an amount and with coverages satisfactory to the General Manager, Transportation Services; d. the property owner shall agree that the City and/or utility companies may remove the stairs surmounted by metal railings, at any time in order to install or maintain services within the affected public right of way with no obligation to replace them; and e. the property owner shall remove the encroachments if required by the General Manager, Transportation Services, at any time and restore the street to the satisfaction of the General Manager, Transportation Services.
Staff recommendation as filed
The Director, Transportation Services, Permits and Enforcement, recommends that: 1. North York Community Council approve the request to maintain concrete stairs with metal railings on either side within the public road allowance that are 9.03 metres long and have a combined height of 4.07 metres with no setback from the city sidewalk at the north-east corner of Finch Avenue East and Leslie Street, as required to provide pedestrian access to 101-191 Ravel Road, subject to the following conditions: a. the property owner shall, at their own expense, enter into an encroachment agreement with the City of Toronto on terms and conditions satisfactory to the General Manager, Transportation Services; b. the property owner shall assume all liability and damages related to the encroachments and release and indemnify the City with respect to any claims in relation thereto; c. the property owner must retain valid property insurance for the duration of the encroachment installation on the right of way in an amount and with coverages satisfactory to the General Manager, Transportation Services; d. the property owner shall agree that the City and/or utility companies may remove the stairs surmounted by metal railings, at any time in order to install or maintain services within the affected public right of way with no obligation to replace them; and e. the property owner shall remove the encroachments if required by the General Manager, Transportation Services, at any time and restore the street to the satisfaction of the General Manager, Transportation Services.
NY4.16deferred
Application for Fence Exemption - 34 Danby Avenue
This staff report is in regards to a matter for which the North York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to consider an application submitted by the owners of 34 Danby Avenue to maintain a 2.6 metre high vertical board on board fence in the rear yard, which does not meet the requirements specified in City of Toronto Municipal Code, Chapter 447, Fences. The subject property 34 Danby Avenue is located in Ward 6, in a residential zone. LOCATION ORIENTATION DEFICIENCY BY-LAW SECTION* Rear Yard East side of the property Height of fence in the rear yard 2.6 metres exceeds permitted height of 2 metres Section 447-2B (2) Maximum height of fence 2 metres in rear yard
North York Community Council: 1. Deferred consideration of the item until its meeting on April 24, 2019.
Staff recommendation as filed
Municipal Licensing and Standards recommends that the North York Community Council give consideration to the exemption application and decide to: 1. Refuse the application for an exemption submitted by the owners of 34 Danby Avenue, to maintain an existing 2.6 metre high vertical board on board fence in the rear yard, which does not comply with provisions of City of Toronto Municipal Code, Chapter 447, Fences and direct that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences. Or, 2. Grant the exemption to permit the owners of 34 Danby Avenue to maintain the existing 2.6 metre high vertical board on board fence in the rear yard to be maintained in the same condition without alteration. At such time as replacement of the fence is required that the replacement fence will comply with Municipal Code Chapter 447, or its successor by-law.
NY4.17deferred
Request for Fence Exemption - Front - 39 Hove Street
This staff report is in regards to a matter for which the North York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to consider an application submitted by the owner(s) of 39 Hove St for a site-specific Fence Exemption, pursuant to the Toronto Municipal Code, Chapter 447- Fences. The property owner(s) is seeking Council's permission to be exempt from Chapter 447-1.2C (1) permit cedars to obstruct the view of the boulevard or highway contrary to 447-1.2C (1) of the bylaw. The subject property 39 Hove St is located in Ward 6, on a residentially zoned property. GENERAL LOCATION SPECIFIC LOCATION EXISTING CONSTRUCTION & DEFICIENCY BY-LAW SECTION & REQUIREMENTS Front Yard South side of property. Cedar Hedge obstructs the view of the boulevard or highway within 2.4 meters of the front lot line. Any fence within 2.4 metres of any driveway shall be an open mesh chain-link fence or of an equivalent open-fence construction for at least 2.4 metres from the lot line at which the driveway begins so as not to obstruct the view of the boulevard or highway.
North York Community Council: 1. Deferred consideration of the item until its meeting on April 24, 2019.
Staff recommendation as filed
Municipal Licensing & Standards recommends that the North York Community Council give consideration to the exemption application and decide to: 1. Refuse to grant the application for an exemption permit, by the owner(s) of 39 Hove St, Front yard view obstruction for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences and that a second un-appealable Notice of Violation be issued under the City of Toronto Municipal Code Chapter 447, Fences. Or, 2. Grant the application for the side yard hedge height and obstruction without conditions. Direct and require that the installation be maintained in good repair without alteration. Direct and require that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.
NY4.18amended
Request for Fence Exemption - Rear yard - 48 Barrydale Crescent
This staff report is in regards to a matter for which the North York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to consider an application submitted by the owner(s) of 48 Barrydale Cres for a site-specific Fence Exemption, pursuant to the Toronto Municipal Code, Chapter 447- Fences. The property owner(s) is seeking Council's permission to be exempt from Chapter 447-1.2.B(1) - Fence height. The subject property 48 Barrydale Cres is located in Ward 15, on a residentially zoned property. GENERAL LOCATION SPECIFIC LOCATION PROPOSED CONSTRUCTION & DEFICIENCY BY-LAW SECTION & REQUIREMENT Rear yard East side of property, rear yard. Between numbers 48 and 50 Barrydale Cres. Existing wooden board on board fence to be increased in height to an average of 2.2 metres. (There is a difference in grade between the properties. The proposed fence would be 2.0 metres high from grade on the side of number 48, and 2.4 metres high from grade on the side of number 50). Chapter 447-1.2.B(1) - Fence height.
North York Community Council: 1. Granted the application for the rear yard fence to be built in excess of 2.0 metres, for the property at 48 Barrydale Crescent, without conditions. 2. Directed and requires that the installation be maintained in good repair without alteration. 3. Directed and requires that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.
Staff recommendation as filed
Municipal Licensing & Standards recommends that the North York Community Council give consideration to the exemption application and decide to: 1. Refuse to grant the application for an exemption permit, by the owner(s) of 48 Barrydale Cres, rear yard fence height, for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences. Or, 2. Grant the application for the rear yard fence to be built in excess of 2.0 metres without conditions. Direct and require that the installation be maintained in good repair without alteration. Direct and require that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.
NY4.19amended
Application for Fence Exemption - 8 Forest Heights Boulevard
This staff report is in regards to a matter for which the North York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to consider an application submitted by the owners of 8 Forest Heights Boulevard to maintain two sections of fencing which do not meet the requirements specified in City of Toronto Municipal Code, Chapter 447, Fences 1) Front yard board on board fence on the North west corner of the property, which is within 2.4 meters of a driveway. This fence should be open fence construction. 2) Front yard west side of the property along Bayview Avenue that is 2.4 meters in height, the permitted height is 1.2 meters. The third section of fence has been referred to Right of Way Transportation as it is on public property. The front yard north east side of property exceeds height of 1.2 meters permitted in front yard and sight line obstruction. Our colleagues have issued two Notices of Violation the last one sent on September 21, 2018. They have sent several emails to the Agent of the property owners with the last one sent on November 8, 2018. They are currently working on the situation with the Agent to have the property owners come into compliance with their Notices of Violation. The subject property 8 Forest Heights Boulevard is located in Ward 15, in a residential zone. LOCATION ORIENTATION DEFICIENCY BY-LAW SECTION & REQUIREMENT* 1. Front Yard North West corner of property The fence erected within 2.4 metres of a driveway is not open-fence construction. Fence in front yard above permitted height of 1.2 metres Section 447-2C.(1) Table 1 Any fence within 2.4 metres of any driveway shall be an open mesh chain-link fence or of an equivalent open-fence construction for at least 2.4 metres from the lot line at which the driveway begins so as not to obstruct the view of the boulevard or highway AND Section 447-2B. (1) Fence in a front yard; permitted height 1.2 within 2.4 metres of a lot line abutting a public highway (public highway does not include a public lane 2. Front Yard West side of property along Bayview Avenue The fence erected exceeds height permitted 1.2 metres Section 447-2B.(1) Table 1 Maximum height of fence - 1.2 meter in the front yard
North York Community Council: 1. Refused the application for an exemption submitted by the property owners of 8 Forest Heights Boulevard to maintain a front yard board-on-board fence on the north west corner of the property, which is within 2.4 metres of a driveway and is also above the permitted height of 1.2 metres and the front yard west side of the property along Bayview Avenue that is 2.4 metres in height whereas the permitted height is 1.2 metres, as those sections of fencing do not comply with provisions of City of Toronto Municipal Code, Chapter 447, Fences. 2. Directed that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences.
Staff recommendation as filed
Municipal Licensing and Standards recommends that the North York Community Council give consideration to the exemption application and decide to: 1. Refuse the application for an exemption submitted by the property owners of 8 Forest Heights Boulevard, to maintain a Front yard board on board fence on the north west corner of the property, which is within 2.4 metres of a driveway and is also above the permitted height of 1.2 metres; Front yard west side of the property along Bayview Avenue that is 2.4 metres in height, the permitted height is 1.2 metres. The following sections of fencing, do not comply with provisions of City of Toronto Municipal Code, Chapter 447, Fences, direct that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences. Or, 2. Grant the exemption to permit the property owners of 8 Forest Heights Boulevard to maintain two sections of fencing; Front yard board on board fence on the north west corner of the property which is within 2.4 metres of a driveway and is also above the permitted height of 1.2 metres; and Front yard West side of the property along Bayview Avenue that is 2.4 metres in height be maintained in the same condition without alteration. At such time as replacement of the fence is required that the replacement fence will comply with Municipal Code Chapter 447, or its successor by-law.
NY4.20amended
Request for Fence Exemption - Front/Flankage/Rear yard - 48 Mallow Road
This staff report is in regards to a matter for which the North York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to consider an application submitted by the owner(s) of 48 Mallow Rd for a site-specific Fence Exemption, pursuant to the Toronto Municipal Code, Chapter 447- Fences. The property owner(s) is seeking Council's permission to be exempt from Chapter 447-2B (1) - Height of the fence exceeds the height permitted by the Chapter, Namely, Wood fence constructed on side and rear yards exceeds maximum height of 2 metres, contrary to Section 447-2 of the bylaw. The subject property 48 Mallow Rd is located in Ward 16, on a residentially zoned property. GENERAL LOCATION SPECIFIC LOCATION EXISTING CONSTRUCTION & DEFICIENCY BY-LAW SECTION & REQUIREMENT Rear South side of property, rear yard. Facing Mallow Rd. Fence located behind front wall of the dwelling is higher than 2.0 metres in height at the highest element. Chapter 447, Section 2 B (1) No fence described in the following Table shall, when measured at any point along its length from the average grade level measured perpendicular to and one metre away on either side of the fence, exceed the height set out in the Table for the fence namely maximum fence height 2.0 metres.
North York Community Council: 1. Granted the application for the front and rear fence height, for the property at 48 Mallow Road, without conditions. 2. Directed and requires that the installation be maintained in good repair without alteration. 3. Directed and requires that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.
Staff recommendation as filed
Municipal Licensing & Standards recommends that the North York Community Council give consideration to the exemption application and decide to: 1. Refuse to grant the application for an exemption permit, by the owner(s) of 48 Mallow Rd, front/ and rear fence height for failing to comply with the provisions of Toronto Municipal Code, Chapter 447 Fences and that a second un-appealable Notice of Violation be issued under the City of Toronto Municipal Code Chapter 447 Fences. Or 2. Grant the application for the front and rear fence height without conditions. Direct and require that the installation be maintained in good repair without alteration. Direct and require that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.
NY4.21adopted
Front Yard Parking Appeal - 19 Le May Road
This staff report is about a matter which Community Council has delegated authority from City Council to make a final decision. Transportation Services has assessed an appeal from the owner of 19 Le May Road for front yard parking. Front yard parking at this location is not recommended because it does not meet the requirements of the City of Toronto Municipal Code Chapter 918 in that the Code does not permit the licensing of a front yard parking pad where on street permit parking is authorized on the same side of the street. The owner will be given an opportunity to make a deputation before Community Council.
North York Community Council: 1. Denied the request for front yard parking at 19 Le May Road.
Staff recommendation as filed
The Manager, Right of Way Management, Transportation Services, Toronto and East York District recommends that: 1. North York Community Council deny the request for front yard parking at 19 Le May Road.
NY4.22adopted
Temporary Time Period Extension of Maximum 12-Hour Parking in the Stanley Greene Neighbourhood
The purpose of this motion is to request a 6 month extension of the temporary maximum 12-hour parking approved for the Stanley Greene Neighbourhood by the North York Community Council on July 23rd 2018. http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2018.NY33.3 This temporary maximum 12 - hour parking is set to expire on April 22nd 2019. The purpose of this temporary arrangement was to provide residents with temporary overnight parking accommodation while proper consultation and polling for these streets took place to be included in the City of Toronto's overnight permit parking program. Given the timelines of the Municipal Election this past Fall I have only recently become the representative of this area and recently learned of the parking situation. I am requesting an extension of the temporary maximum 12 hour parking regulation for another 6 months to allow for adequate time to consult with area residents on the introduction of the Overnight On-Street Permit Parking program to the Stanley Greene neighbourhood. This has been discussed with Transportation Services and they are supportive of the extension.
North York Community Council: 1. Authorized parking for a maximum period of 12 hours from 8:00 p.m. of one day to 8:00 a.m. of the next following day from Monday, April 22nd, 2019 to and including Friday, October 25th, 2019 on the following streets or portions of streets: a. Caroline Carpenter Grove, west side, between Locust Lodge Gardens and John Perkins Bull Drive; b. Downsview Park Boulevard, south side, between Stanley Greene Boulevard and the easterly limit of Downsview Park Boulevard; c. Frederick Tisdale Drive, west side, between Downsview Park Boulevard and John Perkins Bull Drive; d. John Perkins Bull Drive, south side, between Stanley Greene Boulevard and Frederick Tisdale Drive; e. Locust Lodge Gardens, north side, between Stanley Greene Boulevard and Frederick Tisdale Drive; f. Sarah Jackson Crescent, north side, between William Duncan Road and Thomas Mulholland Drive; g. Stanley Greene Boulevard, east side, between Downsview Park Boulevard and the southerly limit of Stanley Greene Boulevard; h. Thomas Mulholland Drive, south side, between Stanley Greene Boulevard and William Duncan Road; and i. William Duncan Road, east side, between Downsview Park Boulevard and the southerly limit of Downsview Park Boulevard.
Staff recommendation as filed
Councillor Pasternak recommends that North York Community Council: 1. Authorize parking for a maximum period of 12 hours from 8:00 p.m. of one day to 8:00 a.m. of the next following day from Monday, April 22nd, 2019 to and including Friday, October 25th, 2019 on the following streets or portions of streets: a. Caroline Carpenter Grove, west side, between Locust Lodge Gardens and John Perkins Bull Drive; b. Downsview Park Boulevard, south side, between Stanley Greene Boulevard and the easterly limit of Downsview Park Boulevard; c. Frederick Tisdale Drive, west side, between Downsview Park Boulevard and John Perkins Bull Drive; d. John Perkins Bull Drive, south side, between Stanley Greene Boulevard and Frederick Tisdale Drive; e. Locust Lodge Gardens, north side, between Stanley Greene Boulevard and Frederick Tisdale Drive; f. Sarah Jackson Crescent, north side, between William Duncan Road and Thomas Mulholland Drive; g. Stanley Greene Boulevard, east side, between Downsview Park Boulevard and the southerly limit of Stanley Greene Boulevard; h. Thomas Mulholland Drive, south side, between Stanley Greene Boulevard and William Duncan Road; and i. William Duncan Road, east side, between Downsview Park Boulevard and the southerly limit of Downsview Park Boulevard.
NY4.23adopted
Introduction and consideration of bills for enactment of By-laws.
General Bills North York Community Council enacted By-laws 404-2019 to 409-2019. Confirmatory Bill North York Community Council passed a Confirmatory Bill as By-law 410-2019.