Toronto and East York Community Council
The full agenda, as filed
All 85 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.
Items 1 to 25 of 85Show 2550100all
TE14.1deferred indefinitely
Renaming of a Portion of Blue Jays Way Between Spadina Avenue and Navy Wharf Court
This report recommends approval of the re-naming of a portion of Blue Jays Way between Spadina Avenue and Navy Wharf Court, as "CityPlace Way" Community Councils have delegated authority to decide street naming matters which comply with the City of Toronto Street Naming Policy.
The Toronto and East York Community Council deferred consideration of Item TE14.1 indefinitely.
Staff recommendation as filed
Engineering and Construction Services recommends that Toronto and East York Community Council: 1. Approve the name "CityPlace Way" for the renaming of a portion of Blue Jays Way between Spadina Avenue and Navy Wharf Court. 2. Authorize and direct the appropriate City officials to take the necessary action to give effect to Community Council's decision, including the introduction of any bills that may be required, including amendments to the traffic and parking regulations.
TE14.2deferred indefinitely
This report recommends that the name "Elaine Martin Lane" be approved to identify an existing public lane located north of Queen Street, extending between Beverley Street and John Street. Community Councils have delegated authority to decide street naming matters which comply with the City of Toronto Street Naming Policy.
The Toronto and East York Community Council deferred consideration of Item TE14.2 indefinitely.
Staff recommendation as filed
Engineering and Construction Services recommends that Toronto and East York Community Council: 1. Approve the name "Elaine Martin Lane" for an existing public lane located north of Queen Street, extending between Beverley Street and John Street.
TE14.3amended
Renaming of a portion of Russell Street extending between St. George Street and Spadina Crescent
This report recommends approval of the re-naming of a portion of Russell Street extending between St. George Street and Spadina Crescent, as "Ursula Franklin Street" Community Councils have delegated authority to decide street naming matters which comply with the City of Toronto Street Naming Policy.
The Toronto and East York Community Council: 1. Approved the name "Ursula Franklin Street" for the renaming of a portion of Russell Street extending between St. George Street and Spadina Crescent. 2. Requested the Manager, Confronting Anti-Black Racism Unit, in consultation with the Director, Engineering and Construction Services, to work with the University of Toronto to identify additional placemaking opportunities within and beyond the university campus grounds to promote Black history and notable Black persons of Canadian significance for honourific and permanent naming.
Staff recommendation as filed
Engineering and Construction Services recommends that Toronto and East York Community Council: 1. Approve the name "Ursula Franklin Street" for the renaming of a portion of Russell Street extending between St. George Street and Spadina Crescent.
TE14.4amended
This application proposes to amend the Official Plan, the Davenport Village Secondary Plan, the former City of Toronto Zoning By-law No. 438-86 and City-wide Zoning By-law No. 569-2013 to permit the construction of two tall residential apartment buildings, one mid-rise building, two blocks of stacked townhouses and a stand-alone daycare building on Phase 6 of the Davenport Village Secondary Plan area, municipally known as 900 and 980 Lansdowne Avenue. These buildings would include 960 new purpose built rental units. The proposed Zoning By-law Amendments would also allow for the change of use of existing Building '15' (municipally known as 30 Powerhouse Street) into a mixed residential and commercial building with the flexibility to provide up to 35 residential units with small scale retail space at grade, or to provide a combination of retail space at grade, office uses on floors 1 through 4 and up to 8 residential units on floors 5 and 6. Lastly, the proposed Official Plan and Zoning By-law Amendments would redesignate and rezone lands owned by Metrolinx and identified as PIN 213250433 to Utility Corridor and U and UT respectively, and to adjust the boundary of the Davenport Village Secondary Plan to exclude these lands from Phase 6. The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019). The proposed development is appropriate for the Davenport Village Area and largely conforms to the City of Toronto Official Plan, the Davenport Village Secondary Plan and the City's Urban Design Guidelines. The proposed development is the final phase of development in the Davenport Village Secondary Plan and fits within the existing and planned context of this Secondary Plan area. This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-laws.
The Toronto and East York Community Council recommends that: 1. City Council amend the Official Plan and the Davenport Village Secondary Plan for the lands at 900 and 980 Lansdowne Avenue, the lands identified as PIN 213250433 and the lands at 30 Powerhouse Street substantially in accordance with the Draft Official Plan Amendment attached as Attachment 4 to the report (January 24, 2020) from the Director, Engineering Support Services, Engineering and Construction Services. 2. City Council amend former City of Toronto Zoning By-law No. 438-86 for the lands at 900 and 980 Lansdowne Avenue and the lands identified as PIN 213250433 substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 5 to the report (January 24, 2020) from the Director, Engineering Support Services, Engineering and Construction Services; with Attachment 5 amended by replacing Sections 1 and 2 in Schedule A with the following new Sections: 1. Prior to the issuance of the first above grade building permit for any building within Phase 6, a cash contribution to be paid to the City to be allocated within Ward 9 Davenport, as follows: a. The owner shall pay to the City the sum of $1.2 million to be allocated towards the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to be directed to 640 Lansdowne Avenue, to the satisfaction of the Executive Director, Housing Secretariat and the Ward Councillor. b. The owner shall pay to the City the sum of $300,000 to be directed toward public art, parkland and/or streetscape improvements within the local area. c. The cash contributions referred to in Section 1.a. and b. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment. d. In the event the cash contributions referred to in Section 1.a. and b. above have not been used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands. 2. In addition to the cash contribution in Section 1 above, prior to the issuance of the first above grade building permit for any building within Phase 6 the owner shall be required to fund, design and construct a splash pad addition at the Davenport Village Park, to a minimum value of $280,000 being the local park at 18 Foundry Avenue, in consultation with Parks, Forestry and Recreation staff and the Ward Councillor to the satisfaction of the General Manager, Parks, Forestry and Recreation as per the following: a. The splash pad is a local park improvement that would address the requirements of Section 1.1 of the Section 37 Agreement executed on August 14, 2006 and registered on July 19, 2007 as Instrument No. AT1511978 (the "2006 Section 37 Agreement"), wherein the owner is required to pay $200 per unit to the city indexed accordingly. b. The funds directed to the splash pad shall be considered a minimum, and the owner shall pay all additional costs required to design and construct the splash pad addition as required. If the splash pad addition is provided for less than the indexed value described in Section 2.a. above, the difference shall be paid as a cash contribution to the City to be directed toward public art, parkland and/or streetscape improvements within the local vicinity. c. The owner shall be required to provide a Letter of Credit in the amount of $56,000.00 no later than the commencement of Park Construction for the splash pad addition. This Letter of Credit will be released two years after substantial park completion as identified by the General Manager, Parks, Forestry and Recreation, provided that all deficiencies have been rectified to the satisfaction of the General Manager, Parks, Forestry and Recreation. d. The owner must obtain a Park Access Agreement (PAA) from Parks, Forestry and Recreation's Park Supervisor for that Ward. The Park Access Agreement will outline in detail the insurance requirements, extent of area permitted, permitted use, tree removal and replacement, and duration to the satisfaction of the General Manager, Parks, Forestry and Recreation. e. The owner will indemnify the City against any claim during any interim use of or work carried out by the applicant on the park. f. In the event the splash pad is not constructed in accordance with the requirements in Section 2 above, the owner shall provide a cash contribution in accordance with Section 2.a. above which if not used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands. 3. City Council amend City-wide Zoning By-law No. 569-2013 for the lands at 900 and 980 Lansdowne Avenue and the lands identified as PIN 213250433 substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 6 to this report (January 24, 2020) from the Director, Engineering Support Services, Engineering and Construction Services; with Attachment 6 amended by replacing Sections 1 and 2 in Schedule A with the following new Sections: 1. Prior to the issuance of the first above grade building permit for any building within Phase 6, a cash contribution to be paid to the City to be allocated within Ward 9 Davenport, as follows: a. The owner shall pay to the City the sum of $1.2 million to be allocated towards the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to be directed to 640 Lansdowne Avenue, to the satisfaction of the Executive Director, Housing Secretariat and the Ward Councillor. b. The owner shall pay to the City the sum of $300,000 to be directed toward public art, parkland and/or streetscape improvements within the local area. c. The cash contributions referred to in Section 1 a. and b. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment. d. In the event the cash contributions referred to in Section 1 a. and b. above have not been used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands. 2. In addition to the cash contribution in Section 1 above, prior to the issuance of the first above grade building permit for any building within Phase 6 the owner shall be required to fund, design and construct a splash pad addition at the Davenport Village Park, to a minimum value of $280,000 being the local park at 18 Foundry Avenue, in consultation with Parks, Forestry and Recreation staff and the Ward Councillor to the satisfaction of the General Manager, Parks, Forestry and Recreation as per the following: a. The splash pad is a local park improvement that would address the requirements of Section 1.1 of the Section 37 Agreement executed on August 14, 2006 and registered on July 19, 2007 as Instrument No. AT1511978 (the "2006 Section 37 Agreement"), wherein the owner is required to pay $200 per unit to the city indexed accordingly. b. The funds directed to the splash pad shall be considered a minimum, and the owner shall pay all additional costs required to design and construct the splash pad addition as required. If the splash pad addition is provided for less than the indexed value described in Section 2 a. above, the difference shall be paid as a cash contribution to the City to be directed toward public art, parkland and/or streetscape improvements within the local vicinity. c. The owner shall be required to provide a Letter of Credit in the amount of $56,000.00 no later than the commencement of Park Construction for the splash pad addition. This Letter of Credit will be released two years after substantial park completion as identified by the General Manager, Parks, Forestry and Recreation, provided that all deficiencies have been rectified to the satisfaction of the General Manager, Parks, Forestry and Recreation. d. The owner must obtain a Park Access Agreement (PAA) from Parks, Forestry and Recreation's Park Supervisor for that Ward. The Park Access Agreement will outline in detail the insurance requirements, extent of area permitted, permitted use, tree removal and replacement, and duration to the satisfaction of the General Manager, Parks, Forestry and Recreation. e. The owner will indemnify the City against any claim during any interim use of or work carried out by the applicant on the park. f. In the event the splash pad is not constructed in accordance with the requirements in Section 2 above, the owner shall provide a cash contribution in accordance with Section 2 a. above which if not used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands. 4. City Council amend former City of Toronto Zoning By-law No. 438-86 for the lands at 30 Powerhouse Street substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 7 to the report (January 24, 2020) from the Director, Engineering Support Services, Engineering and Construction Services. 5. City Council authorize the City Solicitor to make such stylistic and technical changes to the Draft Official Plan and Zoning By-law Amendments as may be required. 6. Before introducing the necessary Bill to City Council for enactment to amend former City of Toronto Zoning By-law No. 438-86 for the lands at 30 Powerhouse Street, City Council require that a Site Plan Control application for this property be submitted and be reviewed by staff to the satisfaction of the Chief Planner and Executive Director, City Planning. 7. Before introducing the necessary Bill to City Council for enactment to amend former City of Toronto Zoning By-law No. 438-86 for the lands at 30 Powerhouse Street, City Council require the owner to enter into an Agreement as a legal convenience pursuant to Section 37 of the Planning Act as follows: a. Through the Site Plan review process, the owner shall agree to provide access to all off site bicycle and vehicular parking spaces to address the parking requirements for Building '15' in the adjacent below grade parking structure. The owner shall provide access keys and warning clauses in the purchase and sale agreements or tenancy agreements to future purchasers and/or tenants of Building '15' who are allocated the six parking spaces located off-site in the separate underground parking area, to be secured in the Site Plan Agreement to the satisfaction of the General Manager, Transportation Services. b. Through the Site Plan review process, the owner shall agree to erect signs requested by the Toronto Lands Corporation and include the requirements of Toronto Lands Corporation and the Toronto Catholic District School Board to include warning clauses in the tenancy agreements and/or purchase and sale agreements to be secured in the Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning. c. The owner shall agree to submit with the next re-submission of the Site Plan Control application updated Noise and Vibration Studies as requested by Metrolinx, have these studies peer reviewed, undertake any revisions if necessary and have those revisions peer reviewed and to address matters identified by the City's peer reviewer at the owner's expense. The owner shall also agree that the mitigation measures and conditions required by Metrolinx and Canadian Pacific Railway (CPR) be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, Metrolinx and Canadian Pacific Railway. 8. Before introducing the necessary Bills to City Council for enactment to amend former City of Toronto Zoning By-law No. 438-86 and City-wide Zoning By-law No. 569-2013 for the lands at 900 and 980 Lansdowne Avenue, City Council require the owner to enter into and register on title one or more Agreement(s) pursuant to Section 37 of the Planning Act at the owner's sole expense for the purpose of securing community benefits to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor as follows: a. Prior to the issuance of the first above grade building permit for any building within Phase 6 a cash contribution is to be paid to the City to be allocated within Ward 9 Davenport, generally as follows: i. The owner shall pay to the City the sum of $1.2 million to be allocated towards the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to be directed to 640 Lansdowne Avenue, to the satisfaction of the Executive Director, Housing Secretariat and the Ward Councillor. ii. The owner shall pay to the City the sum of $300,000 to be directed toward public art, parkland and/or streetscape improvements within the local area. iii. The cash contributions referred to in 8.a.i. and ii. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment. iv. In the event the cash contributions referred to in 8 a) i) and ii) above have not been used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands. b. In addition to the cash contribution in Recommendation 8.a. above, prior to the issuance of the first above grade building permit for any building within Phase 6 the owner shall be required to fund, design and construct a splash pad addition at the Davenport Village Park, to a minimum value of $280,000 being the local park at 18 Foundry Avenue, in consultation with Parks, Forestry and Recreation staff and the Ward Councillor to the satisfaction of the General Manager, Parks, Forestry and Recreation. as per the following: i. The splash pad is a local park improvement that would address the requirements of Section 1.1 of the Section 37 Agreement executed on August 14, 2006 and registered on July 19, 2007 as Instrument No. AT1511978 (the "2006 Section 37 Agreement"), wherein the owner is required to pay $200 per unit to the city indexed accordingly. ii. The funds directed to the splash pad shall be considered a minimum, and the owner shall pay all additional costs required to design and construct the splash pad addition as required. If the splash pad addition is provided for less than the indexed value described in Recommendation 8.b.I. above, the difference shall be paid as a cash contribution to the City to be directed toward public art, parkland and/or streetscape improvements within the local vicinity. iii. The owner shall be required to provide a Letter of Credit in the amount of $56,000.00 no later than the commencement of Park Construction for the splash pad addition. This Letter of Credit will be released two years after substantial park completion as identified by the General Manager, Parks, Forestry and Recreation, provided that all deficiencies have been rectified to the satisfaction of the General Manager, Parks, Forestry and Recreation. iv. The owner must obtain a Park Access Agreement (PAA) from Parks, Forestry and Recreation's Park Supervisor for that Ward. The Park Access Agreement will outline in detail the insurance requirements, extent of area permitted, permitted use, tree removal and replacement, and duration to the satisfaction of the General Manager, Parks, Forestry and Recreation. v. The owner will indemnify the City against any claim during any interim use of or work carried out by the applicant on the park. vi. In the event the splash pad is not constructed in accordance with the requirements in Recommendation 8.b. above, the owner shall provide a cash contribution in accordance with 8b) i) which if not used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands. c. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor: i. The owner shall agree to develop a Tenant Access Plan in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning, to ensure each phase and/or building within the phase is marketed initially to the local community to provide opportunities for local residents to move into the development. ii. The owner shall agree to enter into a financially secured agreement with the City that contains the following improvements/requirements: a. The owner shall make any traffic control signal timing adjustments at signalized intersections in the immediate area to improve the overall level-of-service in accordance with the Traffic Impact and Operations Study by GHD dated November 1, 2018 as amended, at no cost to the City of Toronto to the satisfaction of General Manager, Transportation Services. b. The owner shall design and install at no cost to the City traffic control signals at the intersection of Lansdowne Avenue and Brandon Avenue in the ultimate road location and shall provide detailed engineering design drawings for the traffic control signals, including any associated pavement marking and signage information, and the associated road works to the satisfaction of the General Manager, Transportation Services. The owner also agrees that the cost for the physical road widening on the south side of Brandon Avenue west of Lansdowne Avenue, and property conveyances to accommodate this widening, shall be undertaken to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services. c. The owner shall conduct an environmental site assessment for lands to be conveyed to the City in accordance with terms and conditions as set out by the City of Toronto, including providing payment for a peer reviewer and submission of a Record of Site Condition (RSC) at no cost to the City and all to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services. d. Prior to the issuance of the first above-grade permit for any building in Phase 6, the owner shall construct a new four-way intersection, consisting of Foundry Road, Brandon Avenue, the existing Phase 4 driveway and the proposed Phase 6 driveway, all four legs of which shall be stop-controlled, complete with the installation of all-way 'stop' signage with 'all-way' tabs, all of which is to be undertaken at no cost to the City, and to the satisfaction of General Manager, Transportation Services. e. The owner shall provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes and sewer maintenance holes required in connection with the development. iii. Through the Site Plan review process, the owner shall agree to convey the lands required for the relocated bus shelter on Lansdowne Avenue, construct the new level brush concrete platform, install the new bus shelter, provide noise attenuation for the units immediately adjacent to the future bus shelter, and provide warning clauses in the purchase and sale agreements or tenancy agreements to future purchasers and/or tenants of the units immediately adjacent to the future bus shelter to warn of the potential for noise from bus operations, all at no cost to the City, to be secured in the Site Plan Agreement, to the satisfaction of the Toronto Transit Commission and the General Manager, Transportation Services. iv. Through the Site Plan review process, for any building in Phase 6, the owner shall provide to the City for nominal consideration Privately Owned Publicly Accessible Open Space (POPS) easements for the on-site POPS of approximately 3,963 m2 located on the south and west perimeter of the Phase 6 lands, for public access and provisions for rights of support if necessary, encumbrances and insurance and indemnification of the City by the owner, to the satisfaction of the Director, Real Estate Services, the Chief Planner and Executive Director, City Planning and the City Solicitor in consultation with the Ward Councillor. The owner shall own, operate, maintain and repair the POPS and install signage in a location to be determined through the Site Plan review process, at its own expense, stating that members of the public shall be entitled to the use of the POPS at any time, 365 days a year. The final design and program of the POPS will be determined through the site plan review process and secured in a Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning. v. Through the Site Plan review process, the owner shall agree to install and maintain children's play structures for youth ages 2.5 to 5 years and 5 to 12 years within the outdoor amenity area between Buildings A, B, D and E, and identified as "Play Area" on the site plan, and that the "Play Area" be expanded, if necessary, to accommodate sufficiently sized equipment, to be secured in the Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning. vi. Through the Site Plan review process, the owner shall agree to erect signs requested by the Toronto Lands Corporation (TLC) and include the requirements of TLC and the Toronto Catholic District School Board to include warning clauses in the tenancy agreements and/or purchase and sale agreements to be secured in the Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning. vii. The owner shall agree to submit with the next re-submission of the Site Plan Control application updated Noise and Vibration Studies as requested by Metrolinx, have these studies peer reviewed, undertake any revisions if necessary and have those revisions peer reviewed and to address matters identified by the City's peer reviewer at the owner's expense. The owner shall also agree that the mitigation measures and conditions required by Metrolinx and Canadian Pacific Railway (CPR) be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, Metrolinx and Canadian Pacific Railway. viii. The owner shall agree to submit building design drawing details to verify that the crash wall structure will be structurally isolated from the residential towers to the satisfaction of the City and the City's rail safety peer reviewer as part of the site plan review process and the owner shall agree to pay for the peer review of the drawings. The owner shall also agree to consult with Metrolinx (and their technical advisor) and the Canadian Pacific Railway (and their technical advisor) regarding the rail safety study submitted and the owner shall agree to Metrolinx and CPR requirements, conditions and mitigation to be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, Metrolinx and the Canadian Pacific Railway. ix. The owner shall agree to address and incorporate Metrolinx's requirements addressing construction measures, warning clauses and other rail safety requirements, as noted in the Metrolinx letter dated December 9th, 2019, during the site plan review process to the satisfaction of the Chief Planner and Executive Director, City Planning and Metrolinx. x. The owner shall agree to address the Canadian Pacific Railway requirements related to the property line fence, drainage and dewatering, and to include warning clauses in the tenancy agreements and/or purchase and sale agreements to advise of the existence of the railway and their operations and that, regardless of attenuating noise and vibration measures, the railway would not be responsible for complaints or claims arising from the use of its facilities and/or operations all to be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning and Canadian Pacific Railway. xi. The owner shall agree to construct and maintain the development in accordance with the 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 Management 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 Management Committee, and as may be further amended by City Council from time to time.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the Official Plan and the Davenport Village Secondary Plan for the lands at 900 and 980 Lansdowne Avenue, the lands identified as PIN 213250433 and the lands at 30 Powerhouse Street substantially in accordance with the Draft Official Plan Amendment attached as Attachment No. 4 to this report. 2. City Council amend former City of Toronto Zoning By-law No. 438-86 for the lands at 900 and 980 Lansdowne Avenue and the lands identified as PIN 213250433 substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No. 5 to this report. 3. City Council amend City-wide Zoning By-law No. 569-2013 for the lands at 900 and 980 Lansdowne Avenue and the lands identified as PIN 213250433 substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No. 6 to this report. 4. City Council amend former City of Toronto Zoning By-law No. 438-86 for the lands at 30 Powerhouse Street substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No. 7 to this report. 5. City Council authorize the City Solicitor to make such stylistic and technical changes to the Draft Official Plan and Zoning By-law Amendments as may be required. 6. Before introducing the necessary Bill to City Council for enactment to amend former City of Toronto Zoning By-law No. 438-86 for the lands at 30 Powerhouse Street, City Council require that a Site Plan Control application for this property be submitted and be reviewed by staff to the satisfaction of the Chief Planner and Executive Director, City Planning. 7. Before introducing the necessary Bill to City Council for enactment to amend former City of Toronto Zoning By-law No. 438-86 for the lands at 30 Powerhouse Street, City Council require the owner to enter into an Agreement as a legal convenience pursuant to Section 37 of the Planning Act as follows: a. Through the Site Plan review process, the owner shall agree to provide access to all off site bicycle and vehicular parking spaces to address the parking requirements for Building '15' in the adjacent below grade parking structure. The owner shall provide access keys and warning clauses in the purchase and sale agreements or tenancy agreements to future purchasers and/or tenants of Building '15' who are allocated the six parking spaces located off-site in the separate underground parking area, to be secured in the Site Plan Agreement to the satisfaction of the General Manager, Transportation Services. b. Through the Site Plan review process, the owner shall agree to erect signs requested by the Toronto Lands Corporation (TLC) and include the requirements of TLC and the Toronto Catholic District School Board to include warning clauses in the tenancy agreements and/or purchase and sale agreements to be secured in the Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning. c. The owner shall agree to submit with the next re-submission of the Site Plan Control application updated Noise and Vibration Studies as requested by Metrolinx, have these studies peer reviewed, undertake any revisions if necessary and have those revisions peer reviewed and to address matters identified by the City's peer reviewer at the owner's expense. The owner shall also agree that the mitigation measures and conditions required by Metrolinx and Canadian Pacific Railway (CPR) be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, Metrolinx and Canadian Pacific Railway. 8. Before introducing the necessary Bills to City Council for enactment to amend former City of Toronto Zoning By-law No. 438-86 and City-wide Zoning By-law No. 569-2013 for the lands at 900 and 980 Lansdowne Avenue, City Council require the owner to enter into and register on title one or more Agreement(s) pursuant to Section 37 of the Planning Act at the owner's sole expense for the purpose of securing community benefits to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor as follows: a. Prior to the issuance of the first above grade building permit for any building within Phase 6 a cash contribution to be paid to the City to be allocated within Ward 9 Davenport, generally as follows: i. As per the requirements of Section 1.1 of the Section 37 Agreement executed on August 14, 2006 and registered on July 19, 2007 as Instrument No. AT1511978 (the "2006 Section 37 Agreement"), $200 per unit be directed toward public art, parkland and/or streetscape improvements within the local area; ii. The owner shall pay to the City the sum of $1.2 million to be allocated towards the Capital Revolving Reserve Fund for Affordable Housing (XR1058) for affordable housing within Ward 9. iii. The owner shall pay to the City the sum of $300,000 to be directed toward public art, parkland and/or streetscape improvements within the local area. v. The cash contribution referred to in 8 a) i) above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto from August 14, 2006, the date of the execution of the 2006 Section 37 Agreement, to the date of payment. vi. The cash contributions referred to in 8 a) ii) and iii) above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment. vii. In the event the cash contributions referred to in 8 a) i), ii) and iii) above have not been used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands. b. The owner be required to fund, design and construct a splash pad addition in the value of $280,000 at the Davenport Village Park, being the local park at 18 Foundry Avenue, in consultation with Parks, Forestry and Recreation staff and the Ward Councillor to the satisfaction of the General Manager, Parks, Forestry and Recreation. The owner is required to provide a letter of credit in the amount of $56,000.00 no later than the commencement of Park Construction. The owner must obtain a Park Access Agreement (PAA) from Parks, Forestry and Recreation's Park Supervisor for that Ward. The PAA will outline in detail the insurance requirements, extent of area permitted, permitted use, tree removal and replacement, and duration to the satisfaction of the General Manager, Parks, Forestry and Recreation. The owner will indemnify the City against any claim during any interim use of or work carried out by the applicant on the park. The Letter of Credit will be released two years after substantial park completion as identified by the General Manager, Parks, Forestry and Recreation, provided that all deficiencies have been rectified to the satisfaction of the General Manager, Parks, Forestry and Recreation. c. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor: i. The owner shall agree to develop a Tenant Access Plan in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning, to ensure each phase and/or building within the phase is marketed initially to the local community to provide opportunities for local residents to move into the development. ii. The owner shall agree to enter into a financially secured agreement with the City that contains the following improvements/requirements: a. The owner shall make any traffic control signal timing adjustments at signalized intersections in the immediate area to improve the overall level-of-service in accordance with the Traffic Impact and Operations Study by GHD dated November 1, 2018 as amended, at no cost to the City of Toronto to the satisfaction of General Manager, Transportation Services. b. The owner shall design and install at no cost to the City traffic control signals at the intersection of Lansdowne Avenue and Brandon Avenue in the ultimate road location and shall provide detailed engineering design drawings for the traffic control signals, including any associated pavement marking and signage information, and the associated road works to the satisfaction of the General Manager, Transportation Services. The owner also agrees that the cost for the physical road widening on the south side of Brandon Avenue west of Lansdowne Avenue, and property conveyances to accommodate this widening, shall be undertaken to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services. c. The owner shall conduct an environmental site assessment for lands to be conveyed to the City in accordance with terms and conditions as set out by the City of Toronto, including providing payment for a peer reviewer and submission of a Record of Site Condition (RSC) at no cost to the City and all to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services. d. Prior to the issuance of the first above-grade permit for any building in Phase 6, the owner shall construct a new four-way intersection, consisting of Foundry Road, Brandon Avenue, the existing Phase 4 driveway and the proposed Phase 6 driveway, all four legs of which shall be stop-controlled, complete with the installation of all-way 'stop' signage with 'all-way' tabs, all of which is to be undertaken at no cost to the City, and to the satisfaction of General Manager, Transportation Services. e. The owner shall provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes and sewer maintenance holes required in connection with the development. iii. Through the Site Plan review process, the owner shall agree to convey the lands required for the relocated bus shelter on Lansdowne Avenue, construct the new level brush concrete platform, install the new bus shelter, provide noise attenuation for the units immediately adjacent to the future bus shelter, and provide warning clauses in the purchase and sale agreements or tenancy agreements to future purchasers and/or tenants of the units immediately adjacent to the future bus shelter to warn of the potential for noise from bus operations, all at no cost to the City, to be secured in the Site Plan Agreement, to the satisfaction of the Toronto Transit Commission and the General Manager, Transportation Services. iv. Through the Site Plan review process, for any building in Phase 6, the owner shall provide to the City for nominal consideration Privately Owned Publicly Accessible Open Space (POPS) easements for the on-site POPS of approximately 3,963 m2 located on the south and west perimeter of the Phase 6 lands, for public access and provisions for rights of support if necessary, encumbrances and insurance and indemnification of the City by the owner, to the satisfaction of the Director, Real Estate Services, the Chief Planner and Executive Director, City Planning and the City Solicitor in consultation with the Ward Councillor. The owner shall own, operate, maintain and repair the POPS and install signage in a location to be determined through the Site Plan review process, at its own expense, stating that members of the public shall be entitled to the use of the POPS at any time, 365 days a year. The final design and program of the POPS will be determined through the site plan review process and secured in a Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning. v. Through the Site Plan review process, the owner shall agree to install and maintain children's play structures for youth ages 2.5 to 5 years and 5 to 12 years within the outdoor amenity area between Buildings A, B, D and E, and identified as "Play Area" on the site plan, and that the "Play Area" be expanded, if necessary, to accommodate sufficiently sized equipment, to be secured in the Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning. vi. Through the Site Plan review process, the owner shall agree to erect signs requested by the Toronto Lands Corporation (TLC) and include the requirements of TLC and the Toronto Catholic District School Board to include warning clauses in the tenancy agreements and/or purchase and sale agreements to be secured in the Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning. vii. The owner shall agree to submit with the next re-submission of the Site Plan Control application updated Noise and Vibration Studies as requested by Metrolinx, have these studies peer reviewed, undertake any revisions if necessary and have those revisions peer reviewed and to address matters identified by the City's peer reviewer at the owner's expense. The owner shall also agree that the mitigation measures and conditions required by Metrolinx and Canadian Pacific Railway (CPR) be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, Metrolinx and Canadian Pacific Railway. viii. The owner shall agree to submit building design drawing details to verify that the crash wall structure will be structurally isolated from the residential towers to the satisfaction of the City and the City's rail safety peer reviewer as part of the site plan review process and the owner shall agree to pay for the peer review of the drawings. The owner shall also agree to consult with Metrolinx (and their technical advisor) and the Canadian Pacific Railway (and their technical advisor) regarding the rail safety study submitted and the owner shall agree to Metrolinx and CPR requirements, conditions and mitigation to be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, Metrolinx and the Canadian Pacific Railway. ix. The owner shall agree to address and incorporate Metrolinx's requirements addressing construction measures, warning clauses and other rail safety requirements, as noted in the Metrolinx letter dated December 9th, 2019, during the site plan review process to the satisfaction of the Chief Planner and Executive Director, City Planning and Metrolinx. x. The owner shall agree to address the Canadian Pacific Railway requirements related to the property line fence, drainage and dewatering, and to include warning clauses in the tenancy agreements and/or purchase and sale agreements to advise of the existence of the railway and their operations and that, regardless of attenuating noise and vibration measures, the railway would not be responsible for complaints or claims arising from the use of its facilities and/or operations all to be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning and Canadian Pacific Railway. xi. The owner shall agree to construct and maintain the development in accordance with the 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 Management 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 Management Committee, and as may be further amended by City Council from time to time.
TE14.5adopted
On November 18, 2013, City Council requested the Chief Planner and Executive Director, City Planning Division to undertake a planning study of Queen Street West between Bathurst Street and Roncesvalles Avenue. This report summarizes the outcome of the study, recommends amendments to the City's Official Plan in the form of a Site and Area Specific Policy to guide development and public initiatives in the study area, and requests direction regarding additional implementation measures. The proposed policies are intended to allow opportunities for contextually appropriate growth and change, conserve and enhance historic and culturally significant attributes of Queen Street West, guide public and private investment in public spaces, and encourage sustainable choices in new buildings and additions. The proposed amendments align with the recommendations of the West Queen West Heritage Conservation District Study, and the emerging direction for the West Queen West and Parkdale Main Street Heritage Conservation District Plans, which are under development and will be presented to the Toronto Preservation Board and City Council in Q3 2020. A multiple listing report identifying heritage properties in the study area will be presented to the Toronto Preservation Board and Council in Q2 2020. In addition to the proposed Official Plan Amendment, this report recommends that Transportation Services staff, in consultation with City Planning staff, undertake a review of the Queen Street West Right-of-Way between Bathurst Street and Roncesvalles Avenue and develop recommendations to prioritize the safe and efficient movement of pedestrians, cyclists, and transit along the West Queen West corridor. The report further recommends City Planning staff prepare a Zoning By-law Amendment to implement the proposed policy framework.
The Toronto and East York Community Council recommends that: 1. City Council amend the Official Plan, for the lands generally fronting Queen Street West between Bathurst Street and Roncesvalles Avenue, substantially in accordance with the draft Official Plan Amendment No. 445, at Attachment 4 to the report (February 25, 2020) 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 Official Plan Amendment as may be required. 3. City Council request the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning and other appropriate City Divisions, to initiate a review of the Queen Street West right-of-way located generally between Bathurst Street and Roncesvalles Avenue, including consultation, and develop recommendations to prioritize the safe and efficient movement of pedestrians, cyclists, and transit along the West Queen Street West corridor. 4. City Council request the Chief Planner and Executive Director, City Planning to prepare necessary Zoning By-law Amendments to implement Official Plan Amendment 445, having regard for Heritage Conservation District Plans under development, and existing site-specific zoning permissions. 5. City Council direct the City Solicitor and appropriate City Staff to attend and support the recommended Official Plan Amendment should the Official Plan Amendment be appealed to the Local Planning Appeal Tribunal.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the Official Plan, for the lands generally fronting Queen Street West between Bathurst Street and Roncesvalles Avenue, substantially in accordance with the draft Official Plan Amendment No. 445, at Attachment 4 to the report (February 25, 2020) 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 Official Plan Amendment as may be required. 3. City Council request the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning Division and other appropriate City Divisions, to initiate a review of the Queen Street West right-of-way located generally between Bathurst Street and Roncesvalles Avenue, including consultation, and develop recommendations to prioritize the safe and efficient movement of pedestrians, cyclists, and transit along the West Queen Street West corridor. 4. City Council request the Chief Planner and Executive Director, City Planning Division to prepare necessary Zoning By-law Amendments to implement Official Plan Amendment No. 445, having regard for Heritage Conservation District Plans under development, and existing site-specific zoning permissions. 5. City Council direct the City Solicitor and appropriate City Staff to attend and support the recommended Official Plan Amendment should the Official Plan Amendment be appealed to the Local Planning Appeal Tribunal.
TE14.6amended
2 Bloor Street West - Zoning Amendment Application - Final Report
This application proposes to amend the Zoning By-law to permit a mixed-use development with three towers and a new public park. The site consists of two development parcels divided by a new 1,458 square metre public park fronting on Cumberland Street. The west development parcel will be occupied by two towers, 47 and 61-storeys (Towers 'A' and 'B' respectively), connected by a 9-storey base building. The east development parcel will be occupied by a 75-storey tower (Tower 'C') with a base building ranging from 1 to 3 storeys, and a new 125 square metre publicly-accessible open space on Yonge Street. A total of 1,595 residential units, 13,754 square metres of non-residential floor area, and 256 vehicle parking spaces are proposed. The proposed development is consistent with the Provincial Policy Statement (2014), conforms with the Growth Plan for the Greater Golden Horseshoe (2019), conforms with all relevant policies of the Official Plan and Site and Area Specific Policies 211 and 225, and is consistent with the Bloor-Yorkville/North Midtown Urban Design Guidelines, Tall Building Guidelines, and Yorkville East of Bay Planning Framework. This report reviews and recommends approval of the application to amend the Zoning By-law.
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 438-86, for the lands at 2 Bloor Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District, with Attachment 6 amended as follows: Under 2. i. replace "H 175 metres" with "H 170 metres"; Under 2. i. replace "H 216 metres" with "H 211 metres"; Revise Map 2 as follows: Reduce Tower A height from 175.0 metres to 170.0 metres; Tower A mechanical penthouse, located above a height of 162 metres, will be setback a minimum of 12.0 metres from the west property line; Reduce Tower B height from 216.0 metres to 211.0 metres; Tower B mechanical penthouse, located above a height of 203 metres, will be setback a minimum of 6.0 metres from the west side of Tower B. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 2 Bloor Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District, with Attachment 7 amended as follows: Under 8. G. replace "HT 175 metres" with "HT 170 metres"; Under 8. G. replace "HT 216 metres" with "HT 211 metres"; Revise Diagram 7 as follows: Reduce Tower A height from 175.0 metres to 170.0 metres; Tower A mechanical penthouse, located above a height of 162 metres, will be setback a minimum of 12.0 metres from the west property line; Reduce Tower B height from 216.0 metres to 211.0 metres; Tower B mechanical penthouse, located above a height of 203 metres, will be setback a minimum of 6.0 metres from the west side of Tower B. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 4. City Council is amending the zoning by-laws as set out in these recommendations in its capacity as planning approval authority for the proposed development, without prejudice to any of the City's rights as owner and landlord of the lower strata parcel. The ground lease is administered and managed by the Deputy City Manager, Corporate Services, and the applicant is required to comply with all of the terms of the ground lease, including but not limited to submitting plans for review and approval by the Deputy City Manager, Corporate Services and the General Manager, Toronto Transit Commission, prior to any construction on the lower strata parcel. 5. Before introducing the necessary Bills to Council for enactment, City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands at 2 Bloor Street West in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including: a. a total financial contribution of $20,000,000.00, whereas City Council recognizes that $500,000.00 has been already been paid to the City into the Planning Act Reserve Account, and the remaining financial contribution in the amount of $19,500,000.00 shall be payable to the City prior to issuance of the first above-grade building permit, with such remaining financial contribution amount to be indexed upwardly in accordance with Statistics Canada Residential Building or Non-Residential Building Construction Price Index, as the case may be, for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment and; the funds shall be directed as follows: i. $4,000,000.00 directed towards new and/or capital improvements to existing Affordable Housing in the vicinity of the site; ii. $500,000.00 directed towards streetscape improvements in the vicinity of the site; iii. the $500,000.00 already paid to the City through previous permissions, forming part of the total contribution shall continue to be directed towards the provision of streetscaping and landscaping improvements to Bloor Street West and Bloor Street East in the vicinity of the lot described in this By-law; and iv. $15,000,000.00 directed towards community facilities and parks within the vicinity of the site. b. in the event the cash contribution referred to in Recommendation 5 a. above has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the ward Councillor, provided that the purposes are identified in Toronto's Official Plan and will benefit the local community; c. the following matters are also recommended to be secured in the Section 37 Agreement as matters required to support the development of the site: i. the publicly accessible open space of not less than 125 square metres fronting onto Yonge Street, as generally shown on Attachment 8 to the report (February 25, 2020, from the Director, Community Planning, Toronto and East York District). The applicant shall operate, maintain and repair the open space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the open space at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the open space shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City, all to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. a Phasing Plan for the development in a form and content satisfactory and acceptable to the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Transportation Services; General Manager, Parks, Forestry and Recreation; Chief Engineer and Executive Director, Engineering and Construction Services; the Toronto Transit Commission; Director, Real Estate Services and the City Solicitor which will be provided in a satisfactory and acceptable manner to the City prior to Site Plan Approval; iii. a Functional Servicing and Stormwater Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and payment for and construction of any necessary improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support the development; iv. provision and maintenance of a continuous publicly-accessible pedestrian connection from Bay Street, at grade, to the concourse level of the Tower 'A', and connecting to the TTC subway station entrance access below Bay Street; v. maintenance by the applicant and at the applicant's expense of the existing below grade, publicly accessible pedestrian connection beneath Cumberland Street to the concourse level of the building permitted by this By-law together with the construction, provision and maintenance of a publicly accessible concourse-level corridor between such connection and the Bay subway station; vi. prior to the earlier of condominium registration and the first residential use of Tower 'C' the construction, provision and maintenance of a continuous publicly-accessible pedestrian connection from Cumberland Street, at grade, to the concourse level of the existing building on Parcel B (as shown on Diagram 1 of Attachment 7) of the report (February 25, 2020, from the Director, Community Planning, Toronto and East York District) and connecting to the below-grade pedestrian connection located below Yonge Street leading to the Bloor-Yonge subway station; vii. provision and maintenance of streetscape improvements adjacent to the lot; viii. prior to Site Plan Approval for each phase of the development, a Pedestrian Level Wind Study, including wind tunnel analysis report, to the satisfaction of the Chief Planner and Executive Director, City Planning, which identifies recommendations for the pedestrian realm and the outdoor areas of the base buildings to mitigate wind impacts year-round, and the owner will implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning; ix. prior to the issuance of Site Plan Approval, a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Executive Director, Engineering and Construction Services and the ward Councillor; x. warning clauses, to be inserted in all offers to purchase, agreements of purchase and sale or agreements to lease, and condominium declaration documents for each south-facing unit within Towers 'A' and 'B' (shown on Attachment 8), to advise of the legal possibility that office or residential buildings may be erected on the lands south of the public lane which runs along the south property line of the site, with undetermined height and massing; xi. prior to the earlier of condominium registration and the first residential use of Tower 'C' (shown on Attachment 8), relocation by the applicant of the existing public art currently located on the Yonge Street frontage to the new publicly accessible open space required in Recommendation 5.c.i above, and maintenance by the applicant of the public art, to the satisfaction of the Chief Planner and Executive Director, City Planning; xii. a minimum 4.0 metre wide publicly-accessible pedestrian walkway, inclusive of structural support columns and a minimum 2.1 metre pedestrian clearway, on the south side of Cumberland Street, forming part of the colonnade for the base building of Towers 'A' and 'B'; xiii. construction and maintenance by the applicant of the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate through the Site Plan Approval process; xiv. amendment to the existing ground lease for the site and related ancillary documents to decrease and surrender the leased lands for the purpose of parkland dedication as it relates to this application only, shall not result in any form of rent reduction or any negative financial implication or loss to the City, and shall be on terms approved by the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor; and xv. prior to Site Plan Approval for each phase of the development, the owner shall submit a Shadow Study, to the satisfaction of the Chief Planner and Executive Director, City Planning, showing no net-new shadow on Jesse Ketchum Park from 10:18 a.m. to 4:18 p.m. during the spring and fall equinox. 6. City Council require that the conditions related to the conveyance of the required parkland dedication having an area of 1,458.6 square metres be satisfied prior to the issuance of the first above grade building permit for the lands, and for greater certainty, the conditions include the partial release of the leasehold interest on the City-owned lands identified for park purposes and conveyance of the strata lands above the lands identified for park purposes, including any required environmental and structural works, all satisfactory to the General Manager, Parks, Forestry and Recreation, the Director, Real Estate Services and the City Solicitor. 7. City Council direct the City Solicitor to secure such matters as outlined in the memorandum from Parks, Forestry and Recreation dated February 24, 2020, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 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 to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Park, Forestry and Recreation, and the Parks and Recreation component of 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. City Council direct that Toronto Transit Commission below-grade pedestrian connection in Recommendation 5.c.iv. and 5.c.vi above shall also be subject to the following: a. the applicant will complete the Toronto Transit Commission pedestrian connection, at the sole cost and expense of the owner, and at no cost to the City or the Toronto Transit Commission, and a public access easement, or license as applicable, shall be provided to the City concurrently to provide access through the interior of any buildings as may be required to the Toronto Transit Commission pedestrian connection to Bay Subway Station and Bloor/Yonge Subway Station in a manner and form satisfactory to the Director, Real Estate Services, the Toronto Transit Commission, and the City Solicitor. 10. City Council determine that the revisions to be reflected in the proposed Zoning By-law Amendments appended as Attachments 6 and 7 to the Final Report (February 25, 2020) from the Director, Community Planning, Toronto and East York District are minor in nature and pursuant to Section 34 of the Planning Act, no further public notice is required in respect of the proposed Zoning By-law Amendments.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Zoning By-law 438-86, for the lands at 2 Bloor Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 2 Bloor Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 4. City Council is amending the zoning by-laws as set out in these recommendations in its capacity as planning approval authority for the proposed development, without prejudice to any of the City's rights as owner and landlord of the lower strata parcel. The ground lease is administered and managed by the Deputy City Manager, Corporate Services (DCM), and the applicant is required to comply with all of the terms of the ground lease, including but not limited to submitting plans for review and approval by the Deputy City Manager, Corporate Services and the General Manager, Toronto Transit Commission, prior to any construction on the lower strata parcel. 5. Before introducing the necessary Bills to Council for enactment, City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands at 2 Bloor Street West in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including: a. a total financial contribution of $20,000,000.00, whereas City Council recognizes that $500,000.00 has been already been paid to the City into the Planning Act Reserve Account, and the remaining financial contribution in the amount of $19,500,000.00 shall be payable to the City prior to issuance of the first above-grade building permit, with such remaining financial contribution amount to be indexed upwardly in accordance with Statistics Canada Residential Building or Non-Residential Building Construction Price Index, as the case may be, for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment and; the funds shall be directed as follows: i. $4,000,000.00 directed towards new and/or capital improvements to existing Affordable Housing in the vicinity of the site; ii. $500,000.00 directed towards streetscape improvements in the vicinity of the site; iii. the $500,000.00 already paid to the City through previous permissions, forming part of the total contribution shall continue to be directed towards the provision of streetscaping and landscaping improvements to Bloor Street West and Bloor Street East in the vicinity of the lot described in this By-law; and iv. $15,000,000.00 directed towards community facilities and parks within the vicinity of the site. b. in the event the cash contribution referred to in Recommendation 5 a. above has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the ward Councillor, provided that the purposes are identified in Toronto's Official Plan and will benefit the local community; c. the following matters are also recommended to be secured in the Section 37 Agreement as matters required to support the development of the site: i. the publicly accessible open space of not less than 125 square metres fronting onto Yonge Street, as generally shown on Attachment 8 to this report. The applicant shall operate, maintain and repair the open space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the open space at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the open space shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division; ii. a Phasing Plan for the development in a form and content satisfactory and acceptable to the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Transportation Services; General Manager, Parks, Forestry and Recreation; Chief Engineer and Executive Director, Engineering and Construction Services; the Toronto Transit Commission; Director, Real Estate Services and the City Solicitor which will be provided in a satisfactory and acceptable manner to the City prior to Site Plan Approval; iii. a Functional Servicing and Stormwater Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and payment for and construction of any necessary improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support the development; iv. provision and maintenance of a continuous publicly-accessible pedestrian connection from Bay Street, at grade, to the concourse level of the Tower 'A', and connecting to the TTC subway station entrance access below Bay Street; v. maintenance by the applicant and at the applicant's expense of the existing below grade, publicly accessible pedestrian connection beneath Cumberland Street to the concourse level of the building permitted by this By-law together with the construction, provision and maintenance of a publicly accessible concourse-level corridor between such connection and the Bay subway station; vi. prior to the earlier of condominium registration and the first residential use of Tower 'C' the construction, provision and maintenance of a continuous publicly-accessible pedestrian connection from Cumberland Street, at grade, to the concourse level of the existing building on Parcel B (as shown on Diagram 1 of Attachment 7 of this report) and connecting to the below-grade pedestrian connection located below Yonge Street leading to the Bloor-Yonge subway station; vii. provision and maintenance of streetscape improvements adjacent to the lot; viii. prior to Site Plan Approval for each phase of the development, a Pedestrian Level Wind Study, including wind tunnel analysis report, to the satisfaction of the Chief Planner and Executive Director, City Planning, which identifies recommendations for the pedestrian realm and the outdoor areas of the base buildings to mitigate wind impacts year-round, and the owner will implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning; ix. prior to the issuance of Site Plan Approval, a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the Executive Director, Engineering and Construction Services and the ward Councillor; x. warning clauses, to be inserted in all offers to purchase, agreements of purchase and sale or agreements to lease, and condominium declaration documents for each south-facing unit within Towers 'A' and 'B' (shown on Attachment 8), to advise of the legal possibility that office or residential buildings may be erected on the lands south of the public lane which runs along the south property line of the site, with undetermined height and massing; xi. prior to the earlier of condominium registration and the first residential use of Tower 'C' (shown on Attachment 8), relocation by the applicant of the existing public art currently located on the Yonge Street frontage to the new publicly accessible open space required in 5.c.i above, and maintenance by the applicant of the public art, to the satisfaction of the Chief Planner and Executive Director, City Planning; xii. a minimum 4.0 metre wide publicly-accessible pedestrian walkway, inclusive of structural support columns and a minimum 2.1 metre pedestrian clearway, on the south side of Cumberland Street, forming part of the colonnade for the base building of Towers 'A' and 'B'; xiii. construction and maintenance by the applicant of the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate through the Site Plan Approval process; xiv. amendment to the existing ground lease for the site and related ancillary documents to decrease and surrender the leased lands for the purpose of parkland dedication as it relates to this application only, shall not result in any form of rent reduction or any negative financial implication or loss to the City, and shall be on terms approved by the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor; and xv. prior to Site Plan Approval for each phase of the development, the owner shall submit a Shadow Study, to the satisfaction of the Chief Planner and Executive Director, City Planning, showing no net-new shadow on Jesse Ketchum Park from 10:18 a.m. to 4:18 p.m. during the spring and fall equinox. 6. City Council require that the conditions related to the conveyance of the required parkland dedication having an area of 1,458.6 square metres be satisfied prior to the issuance of the first above grade building permit for the lands, and for greater certainty, the conditions include the partial release of the leasehold interest on the City-owned lands identified for park purposes and conveyance of the strata lands above the lands identified for park purposes, including any required environmental and structural works, all satisfactory to the General Manager, Parks, Forestry and Recreation, the Director, Real Estate Services and the City Solicitor. 7. City Council direct the City Solicitor to secure such matters as outlined in the memorandum from Parks, Forestry and Recreation dated February 24, 2020, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 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 to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Park, Forestry and Recreation, and the Parks and Recreation component of 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. City Council direct that Toronto Transit Commission below-grade pedestrian connection in Recommendation 5.c.iv. and 5.c.vi shall also be subject to the following: a. the applicant will complete the Toronto Transit Commission pedestrian connection, at the sole cost and expense of the owner, and at no cost to the City or the Toronto Transit Commission, and a public access easement, or license as applicable, shall be provided to the City concurrently to provide access through the interior of any buildings as may be required to the Toronto Transit Commission pedestrian connection to Bay Subway Station and Bloor/Yonge Subway Station in a manner and form satisfactory to the Director, Real Estate Services, the Toronto Transit Commission, and the City Solicitor;
TE14.7adopted
This application proposes to amend Zoning By-laws 438-86 and 569-2013 to permit the redevelopment of the subject lands for a nine-storey (30.6 metre + 5.0 metre mechanical penthouse) residential building containing 94 residential units. The proposed residential building incorporates 449 square metres of indoor amenity space, 138 square metres of outdoor amenity space, and three levels of underground parking with 167 vehicular parking spaces and 95 bicycle parking spaces. The total gross floor area (GFA) of the proposed building is 13,750 square metres, resulting in a floor space index (FSI) of 4.65 times the area of the lot. A Rental Housing Demolition Application has been submitted under Section 111 of the City of Toronto Act (Chapter 667 of the Toronto Municipal Code) to demolish seven existing dwelling units, five of which were last used for residential rental purposes, located within the buildings at 204, 206, and 208 St. Clair Avenue West and 2 and 6 Forest Hill Drive. The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019). This report reviews and recommends approval of the application to amend the By-law Amendment as well as the Rental Housing Demolition application, subject to conditions. Replacement of the five existing rental dwelling units is not required since the property contains fewer than six rental units.
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 438-86 for the lands at 202-208 St. Clair Avenue West and 2-6 Forest Hill Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 202-208 St. Clair Avenue West and 2-6 Forest Hill Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required. 4. City Council approve the Rental Housing Demolition application in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of five (5) existing rental dwelling units located at 204, 206, and 208 St. Clair Avenue West, subject to the owner shall provide tenant relocation assistance to eligible tenants, to the satisfaction of the Chief Planner and Executive Director, City Planning. 5. City Council authorize the Chief Planner and Executive Director, City Planning, to issue Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the five (5) existing rental dwelling units at 204, 206, and 208 St. Clair Avenue West after all of the following have occurred: a. Satisfaction or securing of the condition in Recommendation 4 above; b. The Zoning By-law Amendments have come into full force and effect; c. The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006; d. The issuance of excavation and shoring permits for the approved structure on the site; e. The execution and registration of an agreement pursuant to Section 37 of the Planning Act securing Recommendation 4 above and any other requirements of the Zoning By-law Amendment; and f. Confirmation that all existing rental dwelling units are vacant. 6. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Section 111 permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 5 above. 7. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act for the residential buildings located at 202-208 St. Clair Avenue West and 2-6 Forest Hill Road 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 has issued the Preliminary Approval referred to in Recommendation 5, which may be included in the demolition permit for Chapter 667 under 363-6.2 of the Toronto Municipal Code, on condition that: a. The owner erects a residential building on the lands no later than three (3) years from the day that the demolition of the existing residential buildings commences; and b. Should the owner fail to complete construction of the new residential building within the timeframe specified in recommendation 7.a. above, the City Clerk shall be entitled to enter on the collector's roll an amount equal to the sum of twenty thousand dollars ($20,000.00) per demolished dwelling unit, to be collected in the same manner as municipal property taxes, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued. 8. Before introducing the necessary Bills to City Council for enactment, require the owner enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreement(s), as follows: a. The community benefits recommended to be secured in the Agreement are as follows: i. A cash contribution in the amount of $2,000,000 payable to the City prior to the issuance of the first above-grade building permit, with such amount to be indexed upwardly with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of execution of the Agreement to the date of payment; ii. The cash contribution shall be allocated towards capital community services and facilities in the vicinity of the lands to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and iii. In the event the cash contribution above has not been used for its intended purpose within three (3) years of the by-law coming into full force and effect, the cash contribution may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the property. b. The following matters are also recommended to be secured in the Agreement as a legal convenience to support development: i. An acceptable tenant relocation and assistance plan to mitigate hardship from the proposed development on eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning; and, ii. The owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate. 9. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement, Section 37 Agreement, and any other necessary agreement(s).
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Zoning By-law 438-86 for the lands at 202-208 St. Clair Avenue West and 2-6 Forest Hill Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 202-208 St. Clair Avenue West and 2-6 Forest Hill Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required. 4. City Council approve the Rental Housing Demolition application in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of five (5) existing rental dwelling units located at 204, 206, and 208 St. Clair Avenue West, subject to the owner shall provide tenant relocation assistance to eligible tenants, to the satisfaction of the Chief Planner and Executive Director, City Planning Division. 5. City Council authorize the Chief Planner and Executive Director, City Planning Division, to issue Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the five (5) existing rental dwelling units at 204, 206, and 208 St. Clair Avenue West after all of the following have occurred: a. Satisfaction or securing of the condition in Recommendation 4 above; b. The Zoning By-law Amendments have come into full force and effect; c. The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director or their designate, pursuant to Section 114 of the City of Toronto Act, 2006; d. The issuance of excavation and shoring permits for the approved structure on the site; e. The execution and registration of an agreement pursuant to Section 37 of the Planning Act securing Recommendation 4 above and any other requirements of the Zoning By-law Amendment; and f. Confirmation that all existing rental dwelling units are vacant. 6. City Council authorize the Chief Building Official to issue a Section 111 permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 5 above. 7. City Council authorize the Chief Building Official to issue a Residential Demolition Permit under Section 33 of the Planning Act for the residential buildings located at 202-208 St. Clair Avenue West and 2-6 Forest Hill Road 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 issued the Preliminary Approval referred to in Recommendation 5, which may be included in the demolition permit for Chapter 667 under 363-6.2 of the Toronto Municipal Code, on condition that: a. The owner erects a residential building on the lands no later than three (3) years from the day that the demolition of the existing residential buildings commences; and b. Should the owner fail to complete construction of the new residential building within the timeframe specified in 7 a) above, the City Clerk shall be entitled to enter on the collector's roll an amount equal to the sum of twenty thousand dollars ($20,000.00) per demolished dwelling unit, to be collected in the same manner as municipal property taxes, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued. 8. Before introducing the necessary Bills to City Council for enactment, require the owner enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreement(s), as follows: a. The community benefits recommended to be secured in the Agreement are as follows: i. A cash contribution in the amount of $2,000,000 payable to the City prior to the issuance of the first above-grade building permit, with such amount to be indexed upwardly with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of execution of the Agreement to the date of payment; ii. The cash contribution shall be allocated towards capital community services and facilities in the vicinity of the lands to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and iii. In the event the cash contribution above has not been used for its intended purpose within three (3) years of the by-law coming into full force and effect, the cash contribution may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the property. b. The following matters are also recommended to be secured in the Agreement as a legal convenience to support development: i. An acceptable tenant relocation and assistance plan to mitigate hardship from the proposed development on eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning; and, ii. The owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate. 9. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement, Section 37 Agreement, and any other necessary agreement(s).
TE14.8deferred
This application proposes to amend the Official Plan and Zoning By-law to permit a 44-storey (143 metres plus a 7-metre mechanical penthouse) mixed use building with 293 dwelling units and 159 parking spaces within a 4-level below ground garage at 1-11 Delisle Avenue and 1496-1510 Yonge Street. A 2,506 square metre public park will be secured off-site on the rear portions of 30 and 40 St. Clair Avenue West. The Official Plan Amendment also redesignates a portion of the subject site from Apartment Neighbourhoods to Mixed Use Areas. The proposed development is consistent with the Provincial Policy Statement (2014), conforms with the Growth Plan for the Greater Golden Horseshoe (2019), conforms with the applicable policies of the Official Plan and the Yonge-St. Clair Secondary Plan, and is consistent with the Yonge-St. Clair Planning Framework and Tall Building Guidelines. The proposal also meets a number of significant public realm and built form objectives, some of which are outlined in the Yonge-St. Clair Planning Framework, including: securing a 2,506 square metre public park in close proximity to the Yonge-St. Clair intersection; wider sidewalks along both Yonge Street and Delisle Avenue; enhanced street landscaping; restoration and relocation of an existing Art Deco façade; a pedestrian scale base building in keeping with the main street character of Yonge Street; a north/south midblock connection between St. Clair Avenue West and Delisle Avenue; high quality architecture; and consolidated access and servicing for the block. This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law.
The Toronto and East York Community Council adjourned the public meeting for 1-11 Delisle Avenue and 1496-1510 Yonge Street - Official Plan and Zoning By-law amendment Application - Final Report, until April 7, 2020 at 10:00 a.m.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the Official Plan, for the lands at 1-11 Delisle Avenue and 1496-1510 Yonge Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District. 2. City Council amend Zoning By-law 438-86, for the lands at 1-11 Delisle Avenue and 1496-1510 Yonge Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District. 3. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1-11 Delisle Avenue and 1496-1510 Yonge Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District. 4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan and Zoning By-law Amendments as may be required. 5. City Council require the owner to provide a cash payment-in-lieu into the Municipal Parking Fund in lieu of any parking shortfall below the provision of 6 retail parking spaces on-site. 6. City Council authorize a fee simple conveyance or a 999-year lease to the City, for nominal consideration, of: a. 1,677 square metres of land, as an off-site parkland dedication pursuant to section 42 of the Planning Act notwithstanding that this land is encumbered by an underground parking garage on the basis that an area greater than 10% of the development site is being dedicated to adjust for the value of the encumbrance; and b. a minimum 829 square metres of additional parkland (also encumbered by a below grade garage), to be provided as a community benefit pursuant to section 37 of the Planning Act, for a total combined park of 2,506 square metres (the "Combined Parkland Dedication"), with the nature of the transfer (conveyance or lease), location and configuration of the Combined Parkland Dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation. 7. City Council direct the City Solicitor to secure the Combined Parkland Dedication through a section 37 Agreement, to the satisfaction of the General Manager, Parks, Forestry and Recreation, including terms in relation to the following: a. the owner's obligations to convey or lease to the City the Combined Parkland Dedication prior to the first above grade building permit for the site, and to design and construct base and above-base park improvements; and b. other matters as outlined in the memorandum from Parks, Forestry and Recreation dated February 25, 2020. 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 to 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 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, the owner be required to enter into an Agreement pursuant to section 37 of the Planning Act, and any other necessary agreement(s), satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands at 1-11 Delisle Avenue and 1496-1510 Yonge Street in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including: a. a financial contribution in the amount of $5,000,000.00 payable to the City prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement, or any other necessary agreement, to the date of payment. The funds shall be directed as follows: i. $1,500,000.00 towards capital improvements for new or existing Toronto Community Housing and/or affordable housing in consultation with the Ward Councillor; ii. $1,500,000.00 towards capital improvements for new or existing cultural and/or community space, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; iii. $1,500,000.00 towards local area park or streetscape improvements, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation, and the Ward Councillor; and iv. $500,000.00 towards the provision and maintenance of a public art contribution. b. in the event the cash contribution referred to in Recommendation 9.a. above has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the ward Councillor, provided that the purposes are identified in Toronto's Official Plan and will benefit the local community; c. an additional 829 square metres of strata off-site parkland above the required in-kind off-site parkland contribution pursuant to Section 42 of the Planning Act; d. 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 10 percent family sized units in the development, containing at least three bedrooms; ii. the owner shall provide and maintain a publicly accessible pedestrian connection between St. Clair Avenue West and Delisle Park along the east side lot line of 40 St. Clair Avenue East with the specific size, configuration and design secured in a Site Plan Agreement with the City to the satisfaction of the City Solicitor, pursuant to Section 114 of the City of Toronto Act, 2006, as amended and as applicable, Section 41 of the Planning Act, as amended; iii. the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering & Construction Services, should it be determined that improvements to such infrastructure are required to support this development; iv. prior to the issuance of Site Plan Approval, the owner shall provide a cash payment-in-lieu into the Municipal Parking Fund in lieu of any parking shortfall below the provision of 6 retail parking spaces on-site; v. prior to the issuance of Site Plan Approval, the owner shall submit a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the Executive Director, Engineering and Construction Services and the Ward Councillor; vi. prior to the issuance of Site Plan Approval, the owner shall provide final site plan drawings substantially in accordance with the approved Reconstruction and Restoration Plan required by Recommendation 10.a. below, to the satisfaction of the Senior Manager, Heritage Preservation Services; vii. prior to the issuance of Site Plan Approval, the owner shall provide an Interpretation Plan for the property at 1496-1500 Yonge Street, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services; viii. prior to the issuance of Site Plan Approval, the owner shall provide a Lighting Plan that describes how property at 1496-1500 Yonge Street will be sensitively illuminated to enhance its character as viewed from the public realm to the satisfaction of the Senior Manager, Heritage Preservation Services; ix. prior to the issuance of Site Plan Approval, the owner shall submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Preservation Services; x. prior to the issuance of any Building Permit, the owner shall provide a Letter of Credit, including provision for upwards indexing, in a form and amount satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Reconstruction and Restoration Plan required in Recommendation 10.a. below and the Interpretation Plan required in Recommendation 9.d.vi. above; xi. prior to the issuance of any Building Permit, the owner shall provide full documentation of the property at 1496-1500 Yonge Street, including two (2) printed sets of archival quality 8 inch x 10 inch colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Preservation Services; xii. prior to the release of the letter of credit required in Recommendation 9.d.x. above, the owner shall provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required restoration work has been completed in accordance with the Reconstruction and Restoration Plan required in Recommendation 10.a. below, the required interpretive work has been completed in accordance with the Interpretation Plan required in Recommendation 9.d.vi. above, and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and xiii. the owner shall register a 118 Restriction under the Land Titles Act and the owner shall enter into a lease agreement to the satisfaction of the General Manager of Parks, Forestry and Recreation for a portion of the lands municipally known as 30 and 40 St. Clair Avenue West, which represent the owner's Section 42 off-site parkland dedication requirement. 10. Before introducing the necessary Bills to City Council for enactment, require the owner to: a. provide a Reconstruction and Restoration Plan for the building at 1496-1500 Yonge Street, prepared by a qualified heritage consultant that is substantially in accordance with the conservation scope set out in the Heritage Impact Assessment for 1496-1500 Yonge Street by ERA Architects Inc., dated October 17, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services; and b. revise the Functional Servicing Report prepared by Lithos Group Inc., dated October 2019 and re-submit to the City for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and such report will determine, whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required.
TE14.9deferred
33 Isabella Street - Zoning By-law Amendment Application - Final Report
This application proposes to amend former City of Toronto Zoning By-law No. 438-86 and City-wide Zoning By-law No. 569-2013 to permit the construction of a 4-storey mixed-use infill building at 33 Isabella Street. The site currently contains a 27-storey apartment building with 419 rental dwelling units, which will be retained. The proposed development will be located on the western portion of the 33 Isabella Street site and will include 388 square metres of office space and 15 new rental dwelling units. A total of 95 parking spaces (74 spaces for residents, 14 spaces for visitors, and 7 spaces for office use) along with 434 bicycle parking stalls will be provided, for both the new and current tenants, in the existing 2-level underground garage. Rental tenure and improvements to the existing building have been agreed upon and will be secured as a legal convenience through an agreement pursuant to Section 37 of the Planning Act. The application represents an appropriate and desirable infill redevelopment of the site, has a built form and public realm that are compatible with the surrounding context and meets the intent of the Official Plan. The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019). This report reviews and recommends approval of the application to amend the Zoning By-laws.
The Toronto and East York Community Council adjourned the public meeting for 33 Isabella Street until such time as a revised public notice has been provided to the property owners at 30 Gloucester Street.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Zoning By-law 438-86 for the lands at 33 Isabella Street substantially in accordance with the draft Zoning Bylaw Amendment attached as Attachment No. 6 to this report, dated February 24, 2020 from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 33 Isabella Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to this report, dated February 24, 2020 from the Director, Community Planning, Toronto and East York District. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required. 4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to: a. Submit to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a revised Functional Servicing Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development; b. Make satisfactory arrangements and enter into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; c. Provide space within the development for installation of maintenance access holes and sampling ports on private property, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681-10 and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and d. Enter into a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, and register the Section 37 Agreement on title to the subject property to the satisfaction of the City Solicitor, securing the matters of legal convenience outlined in Recommendation 5 below. 5. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act to secure the following matters as a legal convenience to support the development, with no cost pass-through to the residents of the existing rental building on the subject site, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor: a. The owner shall continue to provide and maintain the 419 existing rental dwelling units at 33 Isabella Street as rental dwelling units, together with the new and retained associated facilities and amenities, for a period of at least twenty (20) years from the date of the Zoning By-law Amendments coming into full force and effect, with no applications for demolition or conversion from residential rental use made during such twenty (20) year period, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; b. Prior to the earlier of either two years after issuance of the first above-grade building permit for the subject site or occupancy of the new building at 33 Isabella Street, the owner shall provide, repair, operate, or maintain at its sole expense the following facilities, amenities and improvements on the subject site as illustrated in the architectural plans and landscape plans dated December 16, 2019, with no pass-through of the costs to the existing tenants, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor: i. 434 Bicycle Parking Spaces, including 430 spaces within the underground parking, and 4 spaces at-grade; ii. Indoor storage of garbage, recycling and composting, located at the P1 Parking Level and the ground floor of the new building; iii. New Indoor amenity space of 373 square metres which shall include, but is not limited to: theatre/media room; gymnasium which shall include, nine cardiovascular and six weight machines, and space for stretching exercises; communal/multi-purpose space which shall include, lockers, seating and tables; party room which shall include, a kitchen, tables and chairs, and a direct connection to the adjacent outdoor amenity area; and a games room which shall include, a kitchen, table, seating and pool table; iv. Two universal washrooms located on the ground floor of the retained building; v. New outdoor amenity space of 868 square metres which shall include: outdoor seating, dining tables and five picnic tables; two outdoor cooking appliances, and associated food preparation surfaces and sinks; planting and landscape treatments; and play structure/equipment; and vi. A total of 285 storage lockers accessible to tenants of the retained rental building and located within the three underground levels of the retained rental building, to the satisfaction of the Chief Planner and Executive Director, City Planning. c. The owner shall provide residents of the existing residential rental units with access to the new indoor and outdoor amenity spaces of the new and retained building at 33 Isabella Street at no extra charge to the tenants and with no pass-through cost to the tenants of the existing building. Access and the use of these amenities shall be on the same terms and conditions as any other resident on the subject site; d. Prior to the issuance of any below grade building permit for the subject site, the owner shall develop a Construction Mitigation Strategy and a Tenant Communication Plan to mitigate the impacts of construction on existing tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and e. The owner shall provide existing tenants occupying the retained rental units which will directly face the new mixed-use building with the option to relocate to a comparable rental dwelling unit elsewhere in the retained building, should such a comparable rental dwelling unit become vacant and should the existing tenant choose the option to relocate within the retained rental building. The tenant's rent for such comparable rental dwelling unit shall not exceed the rent last paid by the tenant. The order of priority for consideration for relocation shall be based on tenant seniority. The retained rental units identified above include the bachelor units located on the west side of the retained rental building, from the second floor to the seventh floor, inclusive. These studio units are typically identified as Unit 5 on the Typical Floor Plans submitted as part of the Existing Architectural Plans. The unit number will vary depending on the floor on which it is located. The order of priority for consideration for relocation shall be based on tenant seniority.
TE14.10adopted
573 King Street East - Zoning Amendment Application - Final Report
This application proposes to amend the former City of Toronto Zoning By-law 438-86, as amended, and Zoning By-law 569-2013, as amended, for the property at 573 King Street East to permit a greater range of uses, including an 'eating establishment' within the existing building. No physical alterations to the exterior of the building are proposed and the existing parking and loading arrangements will be maintained The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019). This report reviews and recommends approval of the application to amend the Zoning By-laws. The proposed Zoning By-law amendments bring the zoning permissions for the site into conformity with the Mixed Use Official Plan land use designation and facilitate the ongoing operation of the existing restaurant.
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 438-86 for the lands at 573 King Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 573 King Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Zoning By-law 438-86 for the lands at 573 King Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to this report. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 573 King Street East 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 Zoning By-law Amendments as may be required.
TE14.11adopted
26 Ernest Avenue - Part Lot Control Exemption Application - Final Report
The Part Lot Control Exemption application proposes to create the conveyable lots for 79 townhouses at 26 Ernest Avenue which will become Parcels of Tied Land (POTLs) to a Common Elements Condominium which will provide shared access and servicing for the townhouses. A Common Elements Condominium application will be considered by Toronto and East York Community Council at a future meeting. The lifting of the Part Lot Control for a period of two years is considered appropriate for the orderly development of these lands. The Common Elements Condominium application proposes to establish the drive aisle for the 79 townhouse units. The Common Elements Condominium will ensure shared ownership and maintenance of the common elements by the condominium corporation. This report reviews and recommends approval of the Part Lot Control Exemption application. This report also recommends that the owner register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the lands without prior consent of the Chief Planner and Executive Director, City Planning or his / her designate.
The Toronto and East York Community Council recommends that: 1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 26 Ernest Avenue as generally illustrated on Attachment 2 to the report (February 20, 2020) from the Director, Community Planning, Toronto and East York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council. 2. City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law. 3. Prior to the introduction of the Part Lot Control Exemption By-law, City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the subject lands without the written consent of the Chief Planner and Executive Director, City Planning or his / her designate. 4. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title to the Parcels of Tied Land at such time as confirmation is received that the Common Elements Condominium has been registered. 5. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title. 6. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Part Lot Control Exemption By-law as may be required.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 26 Ernest Avenue as generally illustrated on Attachment 2 to the report (February 20, 2020) from the Director, Community Planning, Toronto and East York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council. 2. City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law. 3. Prior to the introduction of the Part Lot Control Exemption By-law, City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the subject lands without the written consent of the Chief Planner and Executive Director, City Planning or his / her designate. 4. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title to the Parcels of Tied Land at such time as confirmation is received that the Common Elements Condominium has been registered. 6. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title. 7. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Part Lot Control Exemption By-law as may be required.
TE14.12adopted
206 Russell Hill Road - Zoning By-law Amendment Application - Request for Direction Report
On September 9, 2019, the applicant appealed to the Local Planning Appeal Tribunal (the "LPAT") citing Council's failure to make a decision on the Zoning By-law Amendment and Site Plan Control applications within the timeframe prescribed by the Planning Act. The case management conference was held on January 28, 2020. The Zoning By-law Amendment application proposes a 4-unit, 3-storey (13.7 metre) townhouse building with 8 parking spaces located within a below-grade garage. The proposal includes 1,252 m2 of gross floor area and a total density of 1.13 times the area of the site. The existing house would be demolished. The Zoning By-law Amendment and Site Plan Control applications were deemed complete on May 18, 2018. On June 18, 2019 City Council stated its Intention to Designate the property at 206 Russell Hill Road under Part IV of the Ontario Heritage Act and include it on the Heritage Register. The applicant has filed a formal objection to the City's Notice of Intention to Designate, and this matter is currently before the Conservation Review Board. On October 29, 2019, City Council also refused the demolition application for the property at 206 Russell Hill Road. There are pending proceedings associated with demolition application that have not yet been determined at the time of writing this report. This report recommends that the City Solicitor, together with appropriate City staff, be directed to oppose the appeal at the LPAT. As the proposal would necessitate the demolition and loss of the existing heritage property, the application is not supportable in its current form. As proposed, the application is not consistent with the Provincial Policy Statement (2014), does not conform to the Growth Plan (2019), and does not conform to the Official Plan. Staff are recommending that discussions continue with the applicant in an effort to find a solution that conserves the heritage house.
The Toronto and East York Community Council recommends that: 1. City Council authorize the City Solicitor, together with appropriate staff, to attend the Local Planning Appeal Tribunal (the "LPAT") hearing to oppose the appeal respecting the Zoning By-law Amendment and Site Plan Control applications (File Nos. 18 161483 STE 22 OZ and 18 161486 STE 22 SA), as proposed at 206 Russell Hill Road. 2. City Council authorize the City Solicitor, together with appropriate staff, to continue discussions with the applicant on resolving the matters identified in the Report (February 25, 2020) from the Director, Community Planning, Toronto and East York District. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. The final form and content of the Zoning By-law Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has provided a revised functional servicing and stormwater management report, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, including securing (and the provision of any financial securities) for any identified and/or required improvements and/or upgrades to municipal infrastructure; c. the Conditions of Site Plan Approval are in a form and content acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor, the General Manager, Solid Waste Services, the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation and the General Manager, Toronto Water; and d. a Site Plan Agreement has been entered into in a content and form satisfactory to the Chief Planner and Executive Director, City Planning and the agreement is registered on title satisfactory to the City Solicitor.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council authorize the City Solicitor, together with appropriate staff, to attend the Local Planning Appeal Tribunal (the "LPAT") hearing to oppose the appeal respecting the Zoning By-law Amendment and Site Plan Control applications (File Nos. 18 161483 STE 22 OZ and 18 161486 STE 22 SA), as proposed at 206 Russell Hill Road. 2. City Council authorize the City Solicitor, together with appropriate staff, to continue discussions with the applicant on resolving the matters identified in the Report (February 25, 2020) from the Director, Community Planning, Toronto and East York District. 3. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. The final form and content of the Zoning By-law Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has provided a revised functional servicing and stormwater management report, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, including securing (and the provision of any financial securities) for any identified and/or required improvements and/or upgrades to municipal infrastructure; c. the Conditions of Site Plan Approval are in a form and content acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor, the General Manager, Solid Waste Services, the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation and the General Manager, Toronto Water; and d. a Site Plan Agreement has been entered into in a content and form satisfactory to the Chief Planner and Executive Director, City Planning and the agreement is registered on title satisfactory to the City Solicitor.
TE14.13adopted
This report recommends that City Council withdraw its Intention to Designate under the Ontario Heritage Act for the property located at 5 St. Nicholas Street.
The Toronto and East York Community Council recommends that: 1. City Council amend its decision on Item CC10.9, adopted by City Council on October 2, and 3, 2019, by withdrawing the Intention to Designate for the property located at 5 St. Nicholas Street under Part IV, Section 29 of the Ontario Heritage Act. 2. City Council direct the City Clerk to serve a notice of withdrawal of the intention to designate on the owner of 5 St. Nicholas Street and the Trust, and to cause the notice to be posted on the City's website in accordance with Chapter 162 of the Municipal Code.
Staff recommendation as filed
The Senior Manager, Heritage Preservation Services, Urban Design, City Planning recommends that: 1. City Council amend its decision on Item CC10.9, adopted by City Council on October 2, and 3, 2019, by withdrawing the Intention to Designate for the property located at 5 St. Nicholas Street under Part IV, Section 29 of the Ontario Heritage Act. 2. City Council direct the City Clerk to serve a notice of withdrawal of the intention to designate on the owner of 5 St. Nicholas Street and the Trust, and to cause the notice to be posted on the City's website in accordance with Chapter 162 of the Municipal Code.
TE14.14adopted
Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 582 King Street West
This report recommends that City Council state its intention to designate the listed heritage property that contains significant built heritage resources at 582 King Street West (including the entrance addresses at 590 and 592 King Street West and 471 and 473 Adelaide Street West), formerly known as the Canadian Kodak Building, under Part IV, Section 29 of the Ontario Heritage Act. The property at 582 King Street West extends from the north side of King Street West to the south side of Adelaide Street West in the block east of Portland Street. It is a building complex containing an original collection of two four-storey factory-type buildings at 582-592 King Street West and one four-storey factory-type building and two-storey wing at 473 Adelaide Street West - all constructed between 1902 and 1911 by the Canadian Kodak Company Ltd. A single-storey garage constructed c.1928-1931 was added by Ontario Silknit Ltd. The property was listed on the City's Heritage Register in 2005 and identified as contributing in the King-Spadina Heritage Conservation District, adopted by City Council in 2017 and currently under appeal. Following city staff's additional research and evaluation under Ontario Regulation 9/06, the provincial criteria prescribed for municipal designation, it has been determined that the property at 582 King Street West merits designation under Part IV Section 29 of the Ontario Heritage Act for its design, associative and contextual value. The property is currently subject to an application to amend the Zoning By-law to permit a mixed-use development with retail and commercial uses. The application has been appealed to the Local Planning Appeal Tribunal (LPAT). The designation of the property at 582 King Street West would identify all of the property's cultural heritage values and heritage attributes which shall be conserved. Designation enables City Council to review applications to the site, enforce heritage property standards and maintenance and refuse demolition.
The Toronto and East York Community Council recommends that: 1. City Council state its intention to designate the property at 582 King Street West under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 582 King Street West (Reasons for Designation) attached as Attachment 3 to the report (February 6, 2020) from the Senior Manager, Heritage Preservation Services. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act. 3. If there are objections in accordance with the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board. 4. If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision to designate the property.
Staff recommendation as filed
The Senior Manager, Heritage Preservation Services, Urban Design, City Planning recommends that: 1. City Council state its intention to designate the property at 582 King Street West under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 582 King Street West (Reasons for Designation) attached as Attachment 3 to the report (February 6, 2020) from the Senior Manager, Heritage Preservation Services. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act. 3. If there are objections in accordance with the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board. 4. If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision to designate the property.
TE14.15deferred
This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. This is a report on the refusal to issue a permit by Municipal Licensing & Standards in the matter of an application for a boulevard cafe permit located at 796 Bloor Street West, Crawford Street flankage.
The Toronto and East York Community Council deferred consideration of the item until its May 12, 2020 meeting.
Staff recommendation as filed
The Director of Business Licensing and Regulatory Services, Municipal Licensing and Standards recommends that: 1. The application for the proposed boulevard cafe permit located at 796 Bloor Street West, Crawford Street flankage be denied.
TE14.16amended
Issuance of a Boulevard Café Permit Located at 12 Clinton Street
This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. To report on the issuance of a permit by Municipal Licensing and Standards for a boulevard café located at 12 Clinton Street.
The Toronto and East York Community Council: 1. Approved the additional operating conditions proposed by the Ward Councillor for the boulevard café permit located at 12 Clinton Street: a. Extension of operating hours to 11:00 p.m. b. No increase to seating capacity.
Staff recommendation as filed
The Director, Business Licensing and Regulatory Services, Municipal Licensing and Standards recommends that: 1. The additional operating conditions proposed by the Ward Councillor for the boulevard café permit located at 12 Clinton Street be considered: a. Extension of operating hours b. Increase in seating capacity.
TE14.17amended
Front Yard Parking Appeal - 978 St. Clarens Avenue
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 978 St. Clarens Avenue for front yard parking. Front yard parking at this location is not recommended because it does not meet the formal poll regulation of the City of Toronto Municipal Code Chapter 918 and the Code does not permit the licensing of a front yard parking pad where there is a negative poll. The owner will be given an opportunity to make a deputation before Community Council.
The Toronto and East York Community Council: 1. Granted the appeal for front yard parking at 978 St. Clarens Avenue, with the following conditions: a. the parking area be 2.2 metres in width and 5.3 metres in length; b. the applicant remove the existing asphalt and repave the parking area with semi-permeable paving materials, as indicated in Attachment A, attached to the report (January 2, 2020) from the Manager, Permits and Enforcement - Parking, Transportation Services; c. the applicant disconnect any downspouts, if feasible, or seek an exemption from Toronto Water in accordance with the requirements in Chapter 681-11(S); d. the applicant pay the enforcement fee of $777.70 (HST included, subject to annual increase) since the parking pad was constructed prior to the submission of the application and without authorization from the City; e. the applicant provide the landscape features substantially in accordance with the plan as indicated in Attachment A, attached to the report (January 2, 2020) from the Manager, Permits and Enforcement - Parking, Transportation Services, to the satisfaction of the General Manager, Transportation Services; and f. the applicant pay all applicable fees and comply with all other criteria set out in the City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards.
Staff recommendation as filed
The Manager, Permits and Enforcement - Parking, Transportation Services recommends that: 1. Toronto and East York Community Council deny the request for front yard parking at 978 St. Clarens Avenue; and 2. Request that the owner remove the existing asphalt and brick paving and restore the area to soft landscaping, as indicated in Attachment 'C', attached to the report dated January 2, 2020, from the Manager, Permits & Enforcement - Parking, Transportation Services.
TE14.18deferred
Application to Remove a Private Tree - 127 Willow Avenue
This report requests that City Council deny the request for a permit to remove one privately owned tree located at 127 Willow Avenue. The application indicates the reasons for removal are that the tree drops large quantities of nuts which may be considered a tripping hazard, and that the tree may be causing walkway stones to heave. The subject tree is a black walnut (Juglans nigra), measuring 46 centimetres in diameter. The Private Tree By-law does not support the removal of this tree as it is healthy and maintainable.
The Toronto and East York Community Council deferred consideration of the item until its April 7, 2020 meeting.
Staff recommendation as filed
The General Manager, Parks, Forestry and Recreation recommends that: 1. City Council deny the request for a permit to remove one privately owned tree located at 127 Willow Avenue.
TE14.19deferred
Residential Demolition Application - 2- 6 Humber Hill Avenue
In accordance with city-wide residential demolition control under the Toronto Municipal Code Ch. 363, under the authority of Section 33 of the Planning Act, the application for the demolition of three (3) existing detached dwellings located at 2, 4, and 6 Humber Hill Avenue (Application No(s). 20-108275 DEM, 20-108306 DEM, 20-108312 DEM) is being referred to the Toronto and East York Community Council for consideration to refuse or grant the application, including any conditions, if any, to be attached to the permit application because a building permit has not been issued for a replacement building. This staff report is regarding a matter for which Community Council has delegated authority from City Council to make a final decision.
The Toronto and East York Community Council deferred consideration of the item until its April 7, 2020 meeting.
Staff recommendation as filed
The Director and Deputy Chief Building Official, Toronto Building, Toronto East York District recommends that the Toronto and East York Community Council: 1. Refuse the application to demolish the residential buildings because there is no permit for a replacement building on the site; or 2. Approve the application to demolish the residential buildings without any conditions; or 3. Approve the application to demolish the residential buildings with the following conditions: a. That construction fences be erected in accordance with the provisions of the Municipal Code, Chapter 363, 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.
TE14.20deferred
Non-Residential Demolition Application - 3775, 3379, 3803, and 4003-4005 Dundas Street West
This staff report is regarding a matter that shall be referred to City Council for consideration and final decision in respect of the former City Of York By Law 3102-95 In accordance with City Of York, Special Demolition Control By Law 3102-95 & the City of York Act, 1994 (No. 2), the application for demolition of four (4) non-residential buildings located on the lands municipally known as 3775, 3779, 3803, and 4003-4005 Dundas Street West (Application No. 19-264181 DEM, 19-264205 DEM, 19-264218 DEM, & 19-264231 DEM) are submitted to City Council for consideration and decision to refuse, grant or grant with conditions approval of the demolition permit application, including the requirement for the owner to enter into a beautification agreement prior to the issuance of the demolition permit because a building permit has not been issued for a replacement building.
The Toronto and East York Community Council deferred consideration of the item until its April 7, 2020 meeting.
Staff recommendation as filed
The Director and Deputy Chief Building Official, Toronto Building, Toronto East York District recommends that City Council give consideration to these demolition applications and decide to: 1. Refuse the application to demolish the non-residential buildings on the lands because there is no permit for a replacement building on the site; 2. Approve the application to demolish the non-residential buildings with the following conditions: a. The owner agree to a beautification plan that is satisfactory to the Chief Planner, or their designate, and includes provision for the site to be backfilled with clean fill and installation of base landscaping; b. The owner entering into a beautification agreement with the City that secures the beautification plan, in a form satisfactory to the City Solicitor; c. The owner registering the beautification agreement on title to the property and providing proof of registration to the City Solicitor; d. That a construction fence be erected in advance of demolition and maintained until the site has been backfilled, in accordance with Chapter 363, Article 7 of the Municipal Code, if deemed appropriate by the Chief Building Official; e. That all debris and rubble be removed immediately after the demolition; and, f. That the site be maintained in accordance with the beautification plan agreed upon and secured by agreement. 3. Approve the application to demolish the non-residential buildings on the lands with the following conditions: a. That construction fences be erected in accordance with the provisions of the Municipal Code, Chapter 363, 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; or 4. Approve the application to demolish the non-residential buildings without any conditions.
TE14.21adopted
Request for Fence Exemption - 334 Willard Avenue
This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to advise Council concerning an application by the owner(s) of 334 Willard Avenue for a site-specific Fence Exemption, pursuant to Section 447-1.2 B of Toronto Municipal Code, Chapter 447- Fences. Following the issuance of a Notice of Violation (appendix 1) the property owner(s) are seeking Council's permission to exempt metal poles and mesh (netting) that has been affixed to a board on board fence running along the West and North side of the rear yard which does not comply with restrictions contrary to Section 447-2 of the bylaw as detailed below in the following chart: The subject property 334 Willard Avenue is located in Ward 4, on a residential zoned property. GENERAL LOCATION SPECIFIC LOCATION CONSTRUCTION DEFIENCY BYLAW SECTION AND REQUIREMENT West and North Side of property Rear Yard (behind Accessory Structure) West Side - measuring 6.096 metres (20 ft) in length & North Side - measuring 4.267 metres (14") in length. Metal poles and mesh netting affixed to the existing board on board fence, which increases the fence height to 3.175 metres (10 ft. 5 in.) Section 447-2(B)(1), Table 1 Maximum height of fence not in front yard- 2.0 metres
The Toronto and East York Community Council: 1. Refused to grant the application for an exemption permit, by the owner(s) of 334 Willard Ave. for the installed metal posts and mesh affixed to the board on board fence in the rear yard behind the accessory structure on the west and north side of the property, which increases the overall height of the fence to 3.175 (10'5") in height and remaining in non compliance with the provisions of Toronto Municipal Code, Chapter 447, Fences, thereby requiring further enforcement action.
Staff recommendation as filed
Municipal Licensing and Standards recommends that the Toronto and East York Community Council: 1. Refuse to grant the application for an exemption permit, by the owner(s) of 334 Willard Ave. for the installed metal posts and mesh affixed to the board on board fence in the rear yard behind the accessory structure on the west and north side of the property, which increases the overall height of the fence to 3.175 (10'5") in height and remaining in non compliance with the provisions of Toronto Municipal Code, Chapter 447, Fences, thereby requiring further enforcement action. OR 2. Grant the application for the proposed metal poles and mesh which have been affixed to the existing board on board fence, raising the fence height to 3.175 metres or 10: 5". The metal poles/mesh run along both the west and north side of the property behind the accessory structure. In addition, 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.
TE14.22amended
Request for Fence Exemption- 12 Sheridan Avenue
This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to advise Council concerning an application by the owner(s) of 12 Sheridan Ave. for a site-specific Fence Exemption, pursuant to Section 1.3E.(2)(b) [1] (d) b of Toronto Municipal Code, Chapter 447- Fences. Following the issuance of a Notice of Violation (appendix 1) the property owner(s) is seeking Council's permission to be exempt concerning a Board on Board Fence located on the south side of the property which does not comply with restrictions contrary to Section 1.3E.(2).(b).[1].(d).b of the bylaw as detailed below in the following chart: The subject property 12 Sheridan Ave. is located in Ward 9, on a residential zone property. The space between the fence posts range from 3.02 metres (9'11") to 3.2 metres (10'6"). GENERAL LOCATION SPECIFIC LOCATION CONSTRUCTION DEFICIENCY BY-LAW SECTION & REQUIREMENT South Side of Property South side of property (pool enclosure) 15.51 metre long board on board fence with vertical post spacing that exceeds 2.4 meters. 1.3E.(2).(b).[1].(d).b Supported on substantial posts that are at least 89 millimetres by 89 millimetres, spaced not more than 2.4 metres apart, securely fastened to the ground and structurally sound.
The Toronto and East York Community Council: 1. Granted the application for the for the installed board on board fence measuring 15.51 metres in length with vertical posts that are in excess of 2.4 metres apart contrary to the provisions of Toronto Municipal Code, Chapter 447 - Fences.
Staff recommendation as filed
Municipal Licensing & Standards recommends that the Toronto and East York Community Council: 1. Refuse to grant the application for an exemption permit, by the owner(s) of 12 Sheridan Avenue for the installed board on board fence measuring 15.51 metres in length with vertical posts that are in excess of 2.4 metres apart and are in non compliance with the provisions of Toronto Municipal Code, Chapter 447, Fences, thereby requiring further enforcement action. OR 2. Grant the application for the installed board on board fence measuring 15.51 metres in length with vertical posts that are in excess of 2.4 metres apart contrary to the provisions of Toronto Municipal Code, Chapter 447 - Fences.
TE14.23deferred indefinitely
Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 94 Stanley Terrace
This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to advise Council concerning an application by the property owner of 94 Stanley Terrace for a site-specific Fence Exemption, pursuant to Section 447-1.5.B of Toronto Municipal Code, Chapter 447- Fences. The property owner is seeking Council's permission to , which does not comply with stipulated by Section of the bylaw. The fence is installed along the North side lot line (abutting 96 Stanley Terrace), the west lot line (abutting 95 Stafford St) and the South lot line (abutting 92 Stanley Terrace) in the rear yard. The fence on the North side ranges from 2.1 m to 2.6 m (6 feet 10 inches to 8 feet 7 inches) in height and approximately 2.2 m (7 feet 2 inches) wide. The fence material used is wood with horizontal slats. The application is based on a complaint that was received from 96 Stanley Terrace. While the complaint was only received from the neighbour on the North lot line, it does exceed the fence height limits on the west and south lot lines as well. The fence was investigated by Municipal Licensing and Standards.
The Toronto and East York Community Council deferred consideration of Item TE14.23 indefinitely.
Staff recommendation as filed
Municipal Licensing & Standards recommends that the Toronto and East York Community Council: 1. Refuse to grant the application for an exemption permit, by the property owner of 94 Stanley Terrace, for a fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447,Fences and to issue a second notice to the property owner to bring the fence into compliance. OR 2. Grant the application for a fence exemption permit, without conditions, thereby allowing the fence to be maintained as constructed. Direct and require that the installation be maintained in good repair without alteration. 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.
TE14.24amended
Request for Fence Exemption- 124 Park Road
This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to advise Council concerning an application by the owner(s) of 124 Park Rd. for a site-specific Fence Exemption, pursuant to Section 4471.2 of the Toronto Municipal Code, Chapter 447- Fences. Following the issuance of a Notice of Violation (appendix 1) the property owner(s) is seeking Council's permission to be exempt concerning a Masonry Brick fence located in the north side of the property which does not comply with restrictions contrary to Section 447-1.2 of the bylaw as detailed below in the following chart: The subject property 124 Park Rd. is located in Ward 11, on a residential zone property with a swimming pool in rear yard. GENERAL LOCATION SPECIFIC LOCATION CONSTRUCTION DEFICIENCY BY-LAW SECTION & REQUIREMENT* North Side of Property North Side of the Property 148 ft. (45 meters) long Masonry Brick fence averaging from 2.3 metres (7'7") to 3.45 metres (11'4") in height. Section 447-2(B)(1), Table 1 Maximum height of fence not in front yard- 2.0 metres
The Toronto and East York Community Council: 1. Refused to grant the application for an exemption permit by the owner(s) of 124 Park Rd. for the installed 45 metre long brick masonry fence where the fence height ranges from 2.3 metres in height to 3.45 metres in height which is in non-compliance with the provisions of Toronto Municipal Code, Chapter 447, Fences, thereby requiring further enforcement action.
Staff recommendation as filed
Municipal Licensing & Standards recommends that the Toronto and East York Community Council: 1. Refuse to grant the application for an exemption permit by the owner(s) of 124 Park Rd. for the installed 45 metre long brick masonry fence where the fence height ranges from 2.3 metres in height to 3.45 metres in height which is in non-compliance with the provisions of Toronto Municipal Code, Chapter 447, Fences, thereby requiring further enforcement action. OR 2. Grant the application for the 45 metre long brick masonry fence without conditions. 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.
TE14.25amended
Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 146 Boulton Avenue
This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to advise Council concerning an application by the property owner of 146 Boulton Avenue for a site-specific Fence Exemption, pursuant to Section 447-5.C of Toronto Municipal Code, Chapter 447- Fences. The property owner is seeking Council's permission to allow for the proposed fence, which will not comply with maximum fence height restrictions stipulated by Section 447-2 of the bylaw. The property owner of 146 Boulton Avenue is proposing a fence height of 3.7 metres in height. The application is based on the newly constructed townhouse complex built along Boulton Avenue and Dundas Street E.
The Toronto and East York Community Council: 1. Granted the application for a fence exemption permit, without conditions, thereby allowing the fence to be maintained as constructed. Direct and require that the installation be maintained in good repair without alteration. 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 Toronto and East York Community Council: 1. Refuse to grant the application for an exemption permit, by the property owner of 146 Boulton Avenue, for a fence that will fail to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences. OR 2. Grant the application for a fence exemption permit, without conditions, thereby allowing the fence to be maintained as constructed. Direct and require that the installation be maintained in good repair without alteration. 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.