Item - 2022.MM41.13

City Council on March 9, 2022, adopted the following:

1. City Council amend Zoning By-law 569-2013, for the lands at 6175, 6183 Kingston Road, 1, 2, 4, 5, 7, 10 and 11 Franklyn Avenue 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, Scarborough District, with Attachment 7 amended as follows:
 

a. by deleting and replacing Site Specific Provision 5 (A), so that it reads:  

(A) For all parcels, the required parking space must be located in a parking garage attached to each residential unit.;

b. by deleting and replacing Site Specific Provisions 5 (B) (iii), B (iv), B (xi), B (xiv), so they read:

(iii) Despite regulation 10.5.40.10(1), the height of a building for units 1 to 8, is measured from the Canadian Geodetic Datum elevation of 118.31 metres;

(iv) Despite regulation 10.5.40.10(1), the height of a building for units 19 to 26, is measured from the Canadian Geodetic Datum elevation of 116.75 metres;

(xi) Despite regulation 10.60.40.10(1), the permitted maximum height of a building or structure is 12.35 metres;

(xiv) Despite regulation 10.5.40.60(1)(D) in the rear yard of lot/parcel 26, a platform with a floor higher than the first storey of the building above established grade may encroach into the required rear yard setback 1.5 metres, if it is no closer to a side lot line than the required side yard setback plus 1.8 metres as shown on Diagram 4;

c. by adding (xvi) and (xvii) to Site Specific Provisions 5 B as follows:

(xvi) For the purposes of establishing the first floor for regulation (xii) above, the first floor is the first storey above established grade.

(xvii) Regulation 10.60.40.80 (1) shall not apply.;

d. by deleting and replacing Site Specific Provisions 5 C (i) and (C) (iii) so that they read:

(i) Despite regulation 10.5.40.70(1) and clause 10.60.40.70, the required minimum building setbacks are as shown on Diagram 6 of By-law No. XX-2020.

(iii) Despite regulation 10.60.30.10, the required minimum lot area for each lot/parcel is as follows:

(a) Lot/Parcel 37: 240 square metres;

(b) Lots/Parcels 44, 39, 38: 300 square metres;

(c) Lots/Parcels 40, 43: 350 square metres; and

(d) Lots/Parcels 41, 42: 400 square metres;

e. by adding (ix) and (x) to Site Specific Provisions 5 (C) as follows:

(ix) For the purposes of establishing the first floor for regulation (viii) above, the first floor is the first storey above established grade.

(x) Despite regulation 10.5.40.10(1), the height of a building, is measured from the Canadian Geodetic Datum elevation of 117.00 metres;

f. by deleting and replacing Site Specific Provisions 5 (D) (vi), D (vii), D (xiv) so that they read:

(vi) Despite regulation 10.60.40.10(1), the permitted maximum height of a building or structure on Lots/Parcels 9-17, 18, and 21-32 is 12.35 metres; 

(vii) Despite regulation 10.60.40.10(2), the permitted maximum number of storeys of a building or structure on Lots/Parcels 9-17, 18, and 21-32 is 3;

(xiv) A permitted platform in a rear yard must not project beyond the rear main wall of the first floor for lots/parcels 9-18 and lots/parcels 27-32, as shown on Diagram 5;

g. by adding (xviii), (xix), and (xx) to Site Specific Provisions 5 (D) as follows:

(xviii) Despite regulation 10.5.40.10 (1), the height of a building for units 9 to 18 and 27 to 32, is measured from the Canadian Geodetic Datum elevation of 117.54;

 (xix) Despite regulation 10.5.40.10(1), the height of a building for units 33 to 36. , is     measured from the Canadian Geodetic Datum elevation of 116.86 metres;

(xx) For the purposes of establishing the first floor, the first floor is the first storey above established grade; and

h. by deleting and replacing Diagram 1, Diagram 2, Diagram 3, Diagram 4, Diagram 5, and Diagram 6 with the Diagrams 1 to 6 attached to Motion MM41.13.

2. City Council amend the Highland Creek Community Zoning By-law 10827, for the lands at 6175, 6183 Kingston Road, 1, 2, 4, 5, 7, 10 and 11 Franklyn Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (February 25, 2020) from the Director, Community Planning, Scarborough District, with Attachment 8 amended as follows:
 

a. by further amending Clause 1 to add a definition for First Floor to Clause V _ Interpretation as follows:

First Floor

Means the first storey above established grade.;

b. by amending Clause 2 by deleting and replacing Schedule 'A', so that it reads:

SCHEDULE 'A' is amended by deleting the current zoning for the lands outlined in Schedule '1' and replacing it with the following so that the amended zoning shall read as follows:

S-99C-159-208-270-383-385-415-586-593-594-595-600

T-99C-159-208-268-270-386-403-586-587-588-589-590-591-592-594-595-597-601

T-99C-159-208-268-270-384-415-586-587-588-589-590-591-592-594-595-597-602

ST-99C-159-160-208-270-285-382-403-579-580-581-582-583-584-585-587-591-592-594-595-596-598-599;

c. by amending Clause 2 by deleting and replacing Performance Standard 383, so that it reads:

383. The minimum lot frontages and minimum lot areas for Lots 37-44, as identified on Schedule '1', are as follows:

 
d. by amending Clause 2 by adding Performance Standards 598, 599, 600, 601, and 602, so that they read: 

598. The height of a building for units 1 to 8, is measured from the Canadian Geodetic Datum elevation of 118.31 metres;

599. The height of a building for units 19 to 26, is measured from the Canadian Geodetic Datum elevation of 116.75 metres;

600. Despite regulation 10.5.40.10(1), the height of a building, is measured from the Canadian Geodetic Datum elevation of 117.00 metres;

601. Despite regulation 10.5.40.10 (1), the height of a building for units 9 to 18 and 27 to 32, is measured from the Canadian Geodetic Datum elevation of 117.54;

602. Despite regulation 10.5.40.10(1), the height of a building for units 33 to 36. , is measured from the Canadian Geodetic Datum elevation of 116.86 metres;

e. by amending Clause 2 by deleting and replacing Performance Standard 159, so that it reads:

159. Minimum building setbacks shall comply with those shown on Schedule '2', Schedule '3' and Schedule ‘4’ of By-law No XX-2020.;

f. by amending Clause 3 by adding the words "accompanying schedule 5" to Exception 63, so that it reads:

63. On those lands identified as Exception No. 63 on the accompanying Schedule "5" map the following provisions shall apply:

Notwithstanding the definition of Street Townhouse Dwelling contained within CLAUSE V, INTERPRETATION, Section (f), Street Townhouse Dwelling shall be permitted to have frontage on a private road.

SCHEDULE "C" EXCEPTION MAP is amended by deleting Exception Number 11 and adding Exception Number 47 and 63 to the property shown outlined on Schedule '4'; and

g. by deleting and replacing Schedule 1, Schedule 2, Schedule 3, Schedule 4, and Schedule 5 with Schedules 1 to 5 attached to Motion MM41.13.

3. City Council determine that no further notice is required to be given in respect of these changes under section 34(17) of the Planning Act, RSO.