Agenda

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__________

Declarations of Interest under the Municipal Conflict of Interest Act.

Confirmation of Minutes – November 13, 2023

Schedule of Timed Items:

9:30 a.m. -  EY10.1, EY10.2

Speakers/Presentations: The speakers list will be posted online at 8:30 a.m. on January 19, 2024.

Introduction and Enactment of General Bills and Bill to Confirm the Proceedings of Community Council will be last items.  

The Director, Community Planning, Etobicoke York District recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 2 and 10 East Mall Crescent substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 5 to this report.

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

3. Before introducing the necessary Bill to City Council for enactment, City Council require the owner to:

a. Submit a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services; and

b. Make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal road infrastructure, should it be determined that upgrades to infrastructure are required to support this development according to the accepted Functional Servicing and Stormwater Management Report, and Traffic Impact Study.

4. City Council recommend to the Chief Planner and Executive Director, City Planning, that the following matters, among others, be addressed through Site Plan Control review for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City as follows:

a. The owner shall construct and maintain two Privately-Owned Publicly Accessible Spaces (POPS) shown in Diagram 4 of the draft Zoning By-law Amendment attached as Attachment 5 to this report in accordance with the following:

1. The owner shall convey, prior to Site Plan Control approval, surface easements in perpetuity over the Privately-Owned Publicly Accessible Spaces located generally at the southeast and southwest of the site to the City for nominal consideration, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the City Solicitor;

2. The construction of the Privately-Owned Publicly Accessible Spaces will be a post-approval condition of the Notice of Approval Conditions, to be secured as part of the Site Plan Agreement, all to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services; and

3. The Privately-Owned Publicly Accessible Spaces will be fully accessible to the public, not gated from the street, available throughout the year (save and except for repairs or emergencies) and appropriately lit for safety after dark.

b. The owner shall consent, at their own cost, to a third-party peer review by the City of the Environmental Noise and Vibration Feasibility Study by Aeroacoustics Engineering Ltd., dated May 8, 2020, and Air Quality Assessment by RDWI, dated September 13, 2021, and shall implement the outcome of the peer review process to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. The owner shall address recommendations in the Toronto Transit Commission memo, dated August 3, 2022, to the satisfaction of the General Manager, Transportation Services; and

d. The owner shall provide a revised Energy Strategy Report to the satisfaction of the Executive Director, Environment and Climate, and the Chief Planner and Executive Director, City Planning.

The application proposes to amend Zoning By-law 569-2013 for the lands at 2 and 10 East Mall Crescent to permit a mixed-use development consisting of a 33-storey tall building and a nine-storey mid-rise building component, both connected by a four-storey base building. A total gross floor area of 40,550 square metres including 350 square metres of retail at grade, 606 residential units, and a floor space index of 4.3 times the lot area are proposed.

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

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The Director, Community Planning, Etobicoke York District recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 3350 Weston Road substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 5 to this report.

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

3. City Council request the Chief Planner and Executive Director, City Planning to secure the following as part of the Notice of Approval Conditions and/or Site Plan Agreement to the satisfaction of Chief Planner and Executive Director, City Planning:

a. Require the applicant to provide an access arrangement to ensure that the vehicular parking spaces, associated access, and drive aisles to serve the church will remain available within the new apartment building to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. Require the applicant to obtain a permit for all City-owned and ravine trees to be injured or removed, to the satisfaction of the Chief Planner and Executive Director, City Planning and General Manager, Parks, Forestry, and Recreation; and

c. After the severance is finalized, require the owner of the church property and the owner of the apartment building property to enter into a Limiting Distance Agreement registered on title to ensure that any future development applications for the church property include appropriate setbacks and tower separation distances to the new apartment building to the satisfaction of the Chief Planner and Executive Director, City Planning.

4. Before introducing the necessary Bill for enactment, City Council require the applicant to:

a. Submit an updated Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. Submit an updated Transportation Impact Study to the satisfaction of the General Manager, Transportation Services;

c. Submit an updated Functional Servicing and Stormwater Management Report addressing groundwater discharge and sanitary capacity assessment for review and acceptance, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services; and

d. Make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report and Traffic Impact Study accepted by the Chief Engineer and Executive Director of Engineering and Construction Services.

This application proposes to amend city-wide Zoning By-law 569-2013 for the property at 3350 Weston Road. The proposed zoning would permit a 15-storey apartment building (14 storeys, plus one storey containing the mechanical penthouse and amenity space) with a Gross Floor Area (GFA) of 15,268 square metres, and 190 dwelling units. The overall height of the building would be 50.8 metres, with an additional 3.4-metre mechanical rooftop projection. The proposal would include 153 vehicular parking spaces (112 spaces to serve the apartment building and 41 spaces to serve the existing church) located in the lower level and in the core of the apartment building on levels two through five. The existing church and portions of its existing surface parking lot would be retained on a newly-severed parcel, while dedicated off-site parking for the church would be located in the apartment building. The valley land associated with Emery Creek corridor would be rezoned to Open Space-Natural and dedicated to public ownership for long-term feature protection and conservation. An associated Consent application to sever the existing church from the apartment building property and the Open Space-Natural lands is currently in process.

The proposal is a compatible infill development within in the Apartment Neighbourhoods designation with supportable building height, articulation, frontage, and setbacks in relation to the adjacent Weston Road right-of-way and surrounding residential and natural environment. As the proposal includes rezoning significant portions of the property to a restrictive Open Space-Natural designation to be dedicated to public ownership, the proposal will contribute to the long-term maintenance and functioning of the Emery Creek corridor, helping to build a high quality natural heritage and green space system for the residents of the area.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The Director, Community Planning, Etobicoke York District recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal to oppose the current application regarding the Zoning By-law Amendment appeal for 251-285 The West Mall Road, and to continue discussions with the applicant to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises that:

a. The form and content of the Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. The owner has addressed all outstanding issues identified within the Engineering and Construction Services correspondence, dated September 21, 2022, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. The owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required;

d. The owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the Zoning By-law and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. The owner has submitted a Noise and Vibration Study, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. The owner has submitted a revised Transportation Impact Study including all requested revisions to the satisfaction of the General Manager, Transportation Services;

g. The owner has addressed and accommodated the required road widening and turn basin, noted in correspondence, dated December 8, 2023, to the satisfaction of the General Manager of Transportation Services;

h. The owner has provided an on-site parkland dedication in a size, location and configuration with appropriate setbacks that is to the satisfaction of the General Manager, Parks, Forestry and Recreation;

i. The owner has addressed all outstanding issues raised by Urban Forestry noted in correspondence, dated September 22, 2022, including the need for an updated Arborist Report, Landscape Plan, Planting Plan and Soil Volume Plan, to the satisfaction of the General Manager of Parks, Forestry and Recreation;

j. The owner has submitted a revised Illumination Plan, as noted in correspondence, dated September 20, 2023, to the satisfaction of the Manager, Ministry of Transportation and Chief Planner and Executive Director, City Planning;

k. The owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Chief Planner and Executive Director, City Planning;

l. The owner has submitted and updated Energy Strategy Report to the satisfaction of the Executive Director, Environment and Climate; and

m. City Council has approved the Rental Housing Demolition Application (Application No. 22 195513 WET 02 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 and, should City Council authorize the demolition, that the applicant has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act securing the replacement of the existing rental dwelling units, including unit mix, size and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study, City Council direct the City Solicitor and appropriate City staff to request that a Holding Provision be included in the final form of the site-specific Zoning By-law Amendment and the Holding Provision not to be lifted until such a time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and General Manager, Transportation Services.

4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

On July 22, 2022, a Zoning By-law Amendment application was received for a proposed residential development including three 13-storey buildings at 251-285 The West Mall Road. The proposal would have a total gross floor area of approximately 47,432 square metres and consist of 610 residential apartment units (including 66 rental replacement units). A Rental Housing Demolition Application was also submitted to demolish the existing 66 rental units.

On August 1, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act. A Case Management Conference was held on November 9, 2023 (OLT Case No. OLT-23-000792). The Ontario Land Tribunal hearing date has not been scheduled.

This report recommends that Council direct the City Solicitor, together with appropriate City staff, to attend the Ontario Land Tribunal hearing to oppose the proposal in its current form and continue discussions with the applicant to resolve outstanding issues.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The Director, Community Planning, Etobicoke York District recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Zoning By-law Amendment appeal for 2, 7 and 10 Queen Elizabeth Boulevard, 506, 514, 516, 520 and 522 Royal York Road and 3, 5 and 15 Sinclair Road.

2. City Council authorize the City Solicitor and City staff to continue negotiations with the applicant in an effort to resolve the Ontario Land Tribunal appeal and to report back to City Council on any amendments to the proposal as may be required.

3. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises that:

a. The final form and content of the draft Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

b. The owner has submitted a 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 to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

c. The owner has submitted revised architectural plans that includes the disclaimer as outlined in Section A 2.1 of the memorandum from Engineering and Construction Services, dated February 23, 2023, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

d. The owner has submitted a revised Hydrogeological Assessment Report and Hydrological Review Summary Form to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

e. The owner has made satisfactory arrangements with Engineering and Construction Services and has entered into the appropriate agreements with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the proposed development, according to the accepted Functional Servicing Report and Traffic Impact Study to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

f. The owner has provided space within the development for the installation of maintenance access holes and sampling ports on the private side, 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.

g. The owner has submitted a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning.

h. The submitted Land Use Compatibility/Mitigation Study (Air Quality and Noise), dated December 19, 2022, prepared by RWDI Consultants, has been peer reviewed by a third-party consultant retained by the City at the owner's expense to confirm the proposed Core Employment Areas and General Employment Areas uses are compatible with the proposed residential uses, as required by Site and Area Specific Policy 807, and the owner agrees to implement any necessary air quality, noise or land use compatibility control measures and recommendations identified through the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning.

i. The submitted Noise and Vibration Impact Study, dated December 19, 2022, prepared by GHD Consultants, has been peer reviewed by a third-party consultant retained by the City at the owner's expense and the owner agrees to implement the noise and vibration control measures and recommendations identified through the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning.

j. The owner has entered into one or more agreements, including a restriction pursuant to Section 118 of the Land Titles Act registered on title to the lands, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning to secure how the affordable housing requirements would be provided in the development.

k. The owner has secured an acceptable Tenant Relocation and Assistance Plan for tenants of the existing rental dwelling units proposed to be demolished, addressing financial compensation and other assistance to lessen hardship, and the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and implemented prior to the issuance of Notice of Approval Conditions for Site Plan Control approval.

l. The owner has provided an undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the Tenant Relocation and Assistance Plan as required in Condition k. above.

m. The owner has revised the site plan and architectural drawings to provide adequate space for a bus shelter and bus operations located at Royal York Road south of Sinclair Street to replace the existing stop located along the frontage of the site to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Chief Executive Officer, Toronto Transit Commission.

n. The owner has revised the site plan and architectural drawings to provide an adequate Wheel-Trans drop-off area and provided a Vehicular Maneuvering Diagram to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Chief Executive Officer, Toronto Transit Commission.

o. The owner has submitted a revised Energy Strategy Report to the satisfaction of the Executive Director, Environment and Climate Division.

p. The owner will construct and maintain the development in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the Site Plan Control application for each building.

q. The owner has submitted a revised Arborist Report and Tree Preservation Plan to the satisfaction of the General Manager, Parks, Forestry and Recreation.

r. The owner has provided an on-site parkland dedication in a size, location and configuration that is to the satisfaction of the General Manager, Parks, Forestry and Recreation.

s. The owner has submitted a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning.

t. The owner has submitted revised site plan and architectural drawings to illustrate the required public sidewalk widths and on-site passenger pick-up and drop-off facilities as outlined in Section A 1.1 of the memorandum from Engineering and Construction Services, dated October 30, 2023, to the satisfaction of the General Manger of Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services.

u. The owner has applied to Transportation Services and obtained City Council's approval on the closure and purchase of the City-owned lands included as part of the development site and entered into and finalized any appropriate agreements with the City to purchase City-owned lands.

v. The owner has revised the site plan and architectural drawings to illustrate the required road widening of 0.4 metres along 514-516 Royal York Road and 3.44 metres along 520-522 Royal York Road to be conveyed through the Site Plan Control review process to the satisfaction of the General Manager, Transportation Services, and the City Solicitor.

 w. The owner has provided an on-site parkland dedication in a size, location and configuration that is to the satisfaction of the General Manager, Parks, Forestry and Recreation.

4. 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, and 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.

5. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

The site is composed of two development parcels, as Queen Elizabeth Boulevard bisects the site, creating a northern (Parcel 1) and southern parcel (Parcel 2). The application proposes to develop Parcel 1 by constructing a 10-storey mid-rise building and two towers with heights of 17 and 35 storeys connected by a nine-storey base building containing 5,000 square metres of non-residential (employment-industrial) gross floor area. A 20-storey mixed-use building containing 1,000 square metres of non-residential gross floor area and 220 residential units is proposed to be developed on Parcel 2. The development would have a total gross floor area of 86,602 square metres with a Floor Space Index of 6.1.

On June 19, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal due to Council's failure to make a decision within the timeframe prescribed in the Planning Act. A Case Management Conference occurred on October 3, 2023. A second Case Management Conference will occur on February 26, 2024 and a 12-day hearing commencing on August 6, 2024.

This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal hearing and oppose the application in its current form, and to continue discussions with the applicant to resolve any outstanding issues.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The Director, Community Planning, Etobicoke York District recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan Amendment and Zoning By-law Amendment appeal for the lands at 4884-4896 Dundas Street West, and to continue discussions with the applicant to resolve outstanding issues.

2. If the Ontario Land Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. The final form and content of the Official Plan and Zoning By-law Amendments are satisfactory to 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, 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, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

c. The owner has addressed all outstanding issues identified in the Engineering and Construction Services’ correspondence, dated December 11, 2023, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

d. The owner has provided a revised Servicing Report Groundwater Summary Form, Hydrogeological Assessment Report, Hydrological Review Summary Form, and Foundation Summary Form to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

e. The owner has provided a revised Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services;

f. The owner has made arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the revised Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services and revised Transportation Impact Study accepted by the General Manager, Transportation Services; and

g. The owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the Official Plan and Zoning By-law Amendments application, to the satisfaction of the General Manager of Parks, Forestry and Recreation.

3. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council’s decision.

On April 28, 2022, a combined Official Plan Amendment and Zoning By-law Amendment application was submitted for a development at 4884-4896 Dundas Street West to permit a 12-storey mixed-use building containing 225 residential units and 1214 square metres of retail space at-grade. The heritage building on the site is proposed to be retained and relocated. A revision was submitted on June 15, 2023 to permit a 29-storey mixed-use building containing 395 residential units and a total of 1322 square metres of at-grade retail space along Dundas Street West. The revision continues to retain the heritage building within the site but proposes to move it entirely out of the public right-of-way.

On June 23, 2023, the applicant appealed the application to the Ontario Land Tribunal citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act. The site is also the subject of an associated application for Site Plan Control approval, which has not been appealed. A Case Management Conference was held on September 28, 2023 (OLT Case OLT-23-000654). City staff require direction from City Council in advance of the next Case Management Conference scheduled for the week of February 19, 2024. An Ontario Land Tribunal hearing has been scheduled from June 17 to 21, 2024.

This report recommends that Council direct the City Solicitor, together with appropriate City staff, to attend the Case Management Conference and any future Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the applicant to resolve outstanding issues.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The Deputy Chief Building Official and Director, Toronto Building, Etobicoke York District recommends that the Etobicoke York Community Council give consideration to the demolition application and decide to:

1. Refuse the application to demolish the vacant residential building because there is no permit application to replace the building on the site; or

2. Approve the application to demolish the vacant residential building without any conditions; or

3. Approve the application to demolish the vacant residential building with the following

conditions:

a. That construction fences be erected in accordance with the provisions of the Municipal Code, Chapter 363, Article III, if deemed appropriate by the Chief Building Official;

b. That all debris and rubble be removed immediately after demolition;

c. That sod be laid on the site and that the site be maintained free of garbage and weeds, in accordance with the Municipal Code Chapter 629-10, paragraph B and 629-11; and

d. That any holes on the property are backfilled with clean fill.

This staff report is about a matter for which the Etobicoke York Community Council has delegated authority to make a final decision.

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 two existing 2 storey stone and stucco dwelling located at 307 Lake Promenade (Application No. 23 221102 DEM) is being referred to the Etobicoke York Community Council to refuse or grant the demolition applications, including any conditions to be attached to the permits, because a building permit has not been issued for a replacement building.

There are no financial impacts.

The Director and Deputy Chief Building Official, Toronto Building, Etobicoke York District recommends that City Council give consideration to the demolition application for 10 Scarlett Road, and decide to:

1. Refuse the application to demolish the vacant two-storey non-residential building  because there is no permit application for a replacement building on the site;

OR

2. Approve the application to demolish the vacant non-residential two-storey building with the following conditions:

a. construction fences be erected in accordance with the provisions of the Municipal Code, Chapter 363, Article 7, if deemed appropriate by the Chief Building Official;

b. all debris and rubble be removed immediately after demolition;

c. 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. any holes on the property are backfilled with clean fill.

OR

3. Approve the application to demolish the vacant non-residential one-storey building with no conditions.

This staff report is about 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 and the City of York Act 1994 (No. 2), the application for demolition of an existing vacant two-storey non-residential (commercial) building which is owned by the City of Toronto and is located on the lands municipally known as 10 Scarlett Road is being referred to City Council to refuse or grant the demolition application, including any conditions to be attached to the permit, because a building permit has not been issued for a replacement building.

Future property tax may change due to a change in the property's classification.

The Director, Urban Forestry, Parks, Forestry and Recreation recommends that:

1. Etobicoke York Community Council deny the request for a permit to remove one privately owned tree located at 36 Rayside Drive.

This report requests that Etobicoke York Community Council deny the request for a permit to remove one privately owned tree located at 36 Rayside Drive. The applicant indicates the reason for requesting removal of the tree is due to concerns over the tree or a large branch failing, resulting in potential property damage.

The honey locust tree (Gleditsia triacanthos) measures 76 cm in diameter. The City's Tree By-laws do not support the removal of this tree as it is healthy and maintainable. The permit was denied and the applicant is appealing the decision. Community Council has delegated authority from City Council to make a final decision as to whether a permit may be issued when an applicant wishes to appeal the denial of a permit of a tree protected under the By-laws.

There are no financial implications resulting from the adoption of this report.

The Director, Urban Forestry, Parks, Forestry and Recreation recommends that:

1. Etobicoke York Community Council deny the request for a permit to remove one privately owned tree located at 47 Westpoint Lane.

This report requests that Etobicoke York Community Council deny the request for a permit to remove one privately owned tree located at 47 Westpoint Lane. The applicant indicates the reason for requesting removal of the tree is due to concerns with the tree's size and location, where the roots may cause damage to the foundation, plumbing, and concrete and stone pavers.

The littleleaf linden tree (Tilia cordata) measures 39 cm in diameter. The City's Tree By-laws do not support the removal of this tree as it is healthy and maintainable. The permit was denied and the applicant is appealing the decision. Community Council has delegated authority from City Council to make a final decision as to whether a permit may be issued when an applicant wishes to appeal the denial of a permit of a tree protected under the By-laws.

There are no financial implications resulting from the adoption of this report.

The District Manager, Municipal Licensing and Standards, West District recommends that Etobicoke York Community Council:

1. Refuse the application for property owner of 13 Murrie Street. The proposed fence would fail to comply with the provisions of Toronto Municipal Code, Chapter 447 Fences. A notice of violation to direct the property owner to bring the fence into compliance will be issued.

This staff report concerns a matter for which the Etobicoke York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to advise Community Council concerning an application by the property owner of 13 Murrie St 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 Community Council’s permission to maintain a fence in the rear yard on the east, west and south side of the property that will not comply with the standards stipulated by Section 447-1.2(B)(1). The applicant is seeking permission to maintain a fence constructed of wood with vertical-on-vertical board. The fence is constructed at different heights throughout to rear yard. The East side of the property two areas where fence differs in height. The first section along the patio is measured at approximately 2.5m (100 inches). The lower section of the East fence is approximately 2.1m (82 inches). The West side of the property has two area where the fence differs in height due to change of grade. The portion of the fence along the driveway is approximately 2.2m (84 inches). The portion along the shed is approximately 2.5m (100 inches). The rest of the West side fence to the rear lot line is approximately 2.2m (84 inches). The south side fence is measured at approximately 2.3m (90 inches)

There is no anticipated Financial Impact from this report.

The Director of Business Licensing and Regulatory Services, Municipal Licensing and Standards recommends that:

1. City Council deny the application for the proposed Clothing Drop Box Location permit at 9 Milvan Drive.

                                                                   OR

2. City Council approve the application for the proposed Clothing Drop Box Location permit at 9 Milvan Drive.

The purpose of this staff report is to report on the refusal to issue a permit by Municipal Licensing and Standards in the matter of an application for Clothing Drop Box Location permit at 9 Milvan Drive.

There are no financial implications resulting from the adoption of this report.

Councillor Morley recommends that:

1. The Etobicoke York Community Council waive the polling requirement under the City's Traffic Calming Policy and authorize the installation of traffic calming (speed humps) on Kingsway Crescent between Thorndale Avenue and Queen Anne Road.

Kingsway Crescent is a local street that extends from The Kingsway in the south to Old Dundas Street (which then connects to Dundas Street West) in the north. Kingsway Crescent has a basic one-lane each way cross-section and is characterized by the residential single family dwellings fronting on both sides of the street with each property, generally, being provided with a driveway accessing parking garages and parking areas. There are no  sidewalks provided on Kingsway Crescent today south of Bannon Avenue while a sidewalk is provided on the west side of the street northwards to Dundas Street West.

The introduction of speed humps would desirably advance the safe operation of this section of Kingsway Crescent through a reduction of speeds on this section of street but also recognizing its curvilinear alignment, the prevalence of turning movements (forward and backwards) to and from private residential driveways on either side of the street and the provision of pedestrian sidewalk facilities on only one side of the street. Widespread support from local area residents have been demonstrated. BA Group was retained by local area residents to conduct a study that recommended the installation of speed humps along this section of Kingsway Crescent.

The Director, Traffic Management, Transportation Services recommends that:

1. Etobicoke York Community Council authorize the installation of speed bumps in Pantelis Kalamaris Lane, between John Street and Elsmere Avenue, at the locations shown on Attachment 1, Drawing TC-224 dated December 2023 attached to the report entitled "Speed Bumps - Pantelis Kalamaris Lane" from the Director, Traffic Management, Transportation Services.

This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision.

Transportation Services is recommending the installation of speed bumps in Pantelis Kalamaris Lane, between John Street and Elsmere Avenue.

The estimated cost for the installation of three speed bumps is $2500.00. Funding would be subject to availability and competing priorities within Transportation Services interim 2024 Operating Budget.

The Director, Traffic Management, Transportation Services recommends that:

1. Etobicoke York Community Council authorize a compulsory stop control for northbound traffic on Windust Gate at Allonsius Drive.

This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision.

Transportation Services is recommending installation of a stop control for northbound traffic on Windust Gate at the uncontrolled intersection of Windust Gate and Allonsius Drive, in order to clearly define the right-of-way and to regulate traffic flow.

The estimated costs associated with the proposed amendment is $700.00. Funding is anticipated to be available within the Transportation Services Interim 2024 Operating Budget.

The Director, Traffic Management, Transportation Services, recommends that:  

1. City Council authorize the closure of the south sidewalk on The Queensway, between Taymall Avenue a point 68 metres further east, from February 29, 2024 to December 31, 2024, inclusive, to accommodate construction staging operations.

2. City Council authorize the closure of the east sidewalk, the northbound curbside vehicle traffic lane, and 1.0 metre wide portion of the northbound left-turn vehicle traffic lane on Taymall Avenue, between The Queensway and a point 50 metres south, and provision of a temporary 2.1 metre-wide pedestrian walkway within the closed portion of the northbound vehicle traffic lanes, from February 29, 2024 to December 31, 2024, inclusive, to accommodate construction staging operations.

3. City Council rescind the existing parking prohibition in effect at all times on the south side of The Queensway, between Taymall Avenue and a point 68 metres east.

4. City Council prohibit stopping at all times on the south side of The Queensway, between Taymall Avenue and a point 68 metres east.

5. City Council rescind the existing parking prohibition in effect at all times on both sides of Taymall Avenue, between The Queensway and a point 79 metres south.

6. City Council prohibit stopping at all times on both sides of Taymall Avenue, between The Queensway and a point 79 metres south.

7. City Council authorize the installation of a temporary traffic control signal on The Queensway, and a point 125 metres east of Taymall Avenue, to be in-operation from February 7, 2024 to December 31, 2024, which the issuance of the construction staging permit must be conditional on the traffic control signal being operational.

8. City Council authorize the following conditions of the construction staging permit, which relate to the temporary traffic control signal:

a. A deposit will be required to be submitted to "The Treasurer, City of Toronto", in advance of the permit being issued. The deposit is required to cover costs incurred by the City, in the event the developer does not provide a service that it must, as stipulated in the permit agreement conditions below. Upon completion of the construction project and return to normal operation, the unused portion of the deposit will be returned to the developer.

b. The developer will be responsible for the installation, maintenance and removal of the traffic control signal by one of the electrical contractors pre-approved by the City's Traffic Systems Construction & Maintenance Unit. Maintenance levels specified by the City's Traffic Systems Construction & Maintenance Unit must be followed, to be in accordance with those followed by the City's Electrical Maintenance Contractor for the maintenance of the City's other traffic control signals.

c. The developer must provide to Transportation Services a 7 day/24 hr contact name, phone number and email address, for the City's dispatchers to forward operational malfunction/complaints to. If the City's dispatcher is not able to reach the contact by phone to provide details of a malfunction/complaint, then the City's Electrical Maintenance Contractor will be dispatched to investigate and complete repairs and the City's dispatcher will send an email to document the malfunction call and their inability to reach the contact. The response and repair costs will be deducted from the deposit provided to the City.

9. City Council direct the applicant to sweep the construction site and adjacent sidewalks and roadways daily, or more frequently as needed to be cleared of any construction debris and made safe.

10. City Council direct the applicant to construct and maintain a fully covered, protected and unobstructed walkway for all pedestrians, including for those with mobility devices, for the entire duration of the construction staging area permit to the satisfaction of the City engineer and ensure it is compliant with the Accessibility for Ontarians with Disabilities Act (AODA).

11. City Council direct the applicant to ensure that the existing sidewalks or the proposed pedestrian walkway have proper enhanced lighting to ensure safety and visibility at all times of the day and night.

12. City Council direct the applicant to clearly consult and communicate all construction, parking and road occupancy impacts with local business improvement areas and resident associations in advance of any physical road modifications.

13. City Council direct the applicant to install appropriate signage and request the applicant to install converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times.

14. City Council direct the applicant to provide a sufficient number of traffic control persons as determined by the Work Zone Coordinator and Toronto Police Construction Liaison Officer, on a daily basis to control construction vehicle access and egress to and from the site and maintain a safe environment for the public.

15. City Council direct the applicant to provide a sufficient number of pay-duty Police Officers as determined by the Work Zone Coordinator and Toronto Police Construction Liaison Officer, during large scale concrete pours and large scale material deliveries to control vehicle access and egress to and from the site and maintain a safe environment for the public.

16. City Council direct the applicant to install cane detection within the covered and protected walkway to guide pedestrians who are visually impaired.

17. City Council direct the applicant to post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site.

18. City Council direct the applicant to provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.

19. City Council direct the applicant to cooperate with and provide all necessary assistance to the City Engineers, staff and representatives carrying out operation, maintenance, and construction activities to municipal infrastructure within the vicinity of the construction staging area, and at no cost to the City to remove any staging to accommodate the necessary municipal infrastructure work.

20. City Council direct that The Queensway and Taymall Avenue be returned to its pre-construction traffic and parking regulations when the project is complete.

As the Toronto Transit Commission operates a transit service on The Queensway, City Council approval of this report is required.

Marlin Spring Developments is constructing a ten-storey residential condominium building with retail use on the ground floor at 801 The Queensway. The site is located on the south east corner of The Queensway and Taymall Avenue.

By way of background, at its meeting on October 16, 2023, Etobicoke Community Council deferred Item EY8.10 - The Queensway - Construction Staging Area. The original proposal was to close the eastbound curbside vehicle traffic lane on the Queensway, between Taymall Avenue a point 68 metres further east to accommodate construction staging operations for the development. However, in consultation with Ward Councillor, the proposed closure was not desirable due to potential negative traffic impacts on The Queensway which is classified as a major arterial road. As a result, the developer revised their Traffic Management Plan to avoid traffic lane closures on The Queensway and has shifted construction operations onto Taymall Avenue, which is classified as local roadway. 

Transportation Services is requesting approval to close the south sidewalk on The Queensway for a period of 10 months, from February 29, 2024 to December 31, 2024, to facilitate construction staging operations. Pedestrian movements on the south side of The Queensway, abutting the site will be restricted and pedestrians will be directed to the north sidewalk on The Queensway. 

Additionally, approval is being requested to close the east sidewalk, the northbound curbside vehicle traffic lane, and a portion of the northbound left-turn vehicle traffic lane on Taymall Avenue for a period of 10 months, from February 29, 2024 to December 31, 2024, to facilitate construction staging operations. Pedestrian movements on the east side of Taymall Avenue, abutting the site will be maintained in a 2.1 metre-wide covered and protected walkway.

There is no financial impact to the City. The developer, Marlin Spring Development is responsible for all costs, including payment of fees to the City for the occupancy of the right-of-way. Based on the area enclosed and projected duration of the proposed closures on The Queensway and Taymall Avenue these fees will be approximately $96,000.00.

The Director, Traffic Management, Transportation Services recommends that:

1. Etobicoke York Community Council authorize the installation and removal of on-street accessible parking spaces at the locations identified in Attachment 1 attached to the report dated January 3, 2024 from the Director, Traffic Management, Transportation Services.

This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision.

Transportation Services is requesting approval for the installation and removals of on-street accessible parking spaces for persons with disabilities.

The signage costs associated with the proposed installation and removal of accessible parking spaces is approximately $1,000. Funding is available within the Transportation Services interim 2024 Operating Budget.

The Director, Traffic Management, Transportation Services recommends that:

1. Etobicoke York Community Council prohibit parking on the east side of Sable Street, from 7:00 a.m. to 5:00 p.m., Monday to Friday, between Densley Avenue and the north end of Sable Street.

This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision.

Transportation Services is recommending that parking be prohibited on the east side of Sable Street, from 7:00 a.m. to 5:00 p.m., Monday to Friday, between Densley Avenue and the northerly limit of Sable Street. The proposed parking amendment will deter day time parking at this location and will improve vehicular movements by maintaining clear passage for vehicles.

The signage costs associated with the proposed amendments are approximately $1000. Funding is available within the Transportation Services interim 2024 Operating Budget.

Councillor Frances Nunziata recommends that:

1. City Council amend the existing parking prohibition in effect from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday to Friday, except public holidays, on the north side of St. Clair Avenue West, between Scarlett Road and Runnymede Road, to be in effect between Scarlett Road to Florence Crescent and between Jane Street to Runnymede Road.
 

2. City Council prohibit parking at all times on the north side of St. Clair Avenue West between Florence Crescent and a point 80 metres west of Jane Street.
 

3. City Council prohibit stopping at all times on the north side of St. Clair Avenue West between Jane Street and a point 80 metres further west.

I am requesting your support to amend the parking regulation along the North side of St Clair Avenue West between Jane Street west to Florence Crescent. My office has received numerous complaints about the illegal parking of plated and unplated vehicles on the north side of St Clair Avenue West. Many of these vehicles belong to one of the several automotive repair shops and used car lots. I recently met with the owners/operators advising them of the issues and requested that they operate within the City of Toronto's parking bylaws, unfortunately the issues persist.

As the Toronto Transit Commission (TTC) operates a transit service on St. Clair Avenue West, City Council approval of this motion is required.

Councillor Vincent Crisanti recommends:

1. The Etobicoke York Community Council direct the Director, Traffic Management, Transportation Services to override the technical analysis and authorize the placement of a temporary School Crossing Guard at the intersection of Judhaven Road and Thistle Down Boulevard during the morning and dismissal shift starting by January 29, 2024 until a subsequent warrant analysis can be conducted in Q4 of 2024.

2. The Etobicoke York Community Council direct the Director, Traffic Management, Transportation Services to complete a safety improvement review and implement safety countermeasures at the intersection of Judhaven Road and Thistle Down Boulevard.

In December 2022 I submitted a request for the implementation of a School Crossing Guard at Judhaven Road and Thistle Down Boulevard on behalf of my community and St. John Vianney Catholic School. During the study, the student threshold was met, including at the PXO during both morning and dismissal. However, the conflicting vehicle volumes were too low to meet the warrant needs. I have received numerous calls and emails requesting traffic safety on Thistle Down Blvd, and I am currently working with staff in Transportation Services to address the requests. With this motion, I request the implementation of a temporary School Crossing Guard at the intersection of Judhaven Road and Thistle Down Blvd during the morning and dismissal shift, and to instruct Traffic Operations to complete a safety improvement review and implementation of safety countermeasures at the intersection.

The Fire Chief and General Manager, Toronto Fire Services, recommends that:  

1.  Etobicoke York Community Council designate that part or those parts of the private road or roads shown on the site plans filed with the Fire Chief in respect of the municipal addresses set out below, as fire routes pursuant to Municipal Code Chapter 880 - Fire Routes - 56 Colville Road, 1465 Lawrence Avenue West, 2059 Weston Road, 2625 Weston Road

2.  Etobicoke York Community Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.

To obtain Etobicoke York Community Council approval for the amendment of the Fire Route By-law to designate certain locations as fire routes within the meaning of City of Toronto Municipal Code Chapter 880, as amended.

Fire Services uses designated fire routes as a key mechanism in regulating fire prevention, including the prevention of spreading of fires and the delivery of fire protection services.

There are no financial implications associated with this report.

The Fire Chief and General Manager, Toronto Fire Services, recommends that:  

1.  Etobicoke York Community Council designate that part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal address set out below, as a fire route pursuant to Municipal Code Chapter 880 - Fire Routes - 215 Ryding Avenue

2.  Etobicoke York Community Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.

To obtain Etobicoke York Community Council approval for the amendment of the Fire Route By-law to designate certain locations as fire routes within the meaning of City of Toronto Municipal Code Chapter 880, as amended.

Fire Services uses designated fire routes as a key mechanism in regulating fire prevention, including the prevention of spreading of fires and the delivery of fire protection services.

There are no financial implications associated with this report.

Councillor Anthony Perruzza recommends to the Etobicoke York Community Council that:

1.  The Director, Traffic Management, Transportation Services be requested to review pedestrian and traffic safety at Islington Avenue and Muir Avenue/Millwick Drive and to report back, as soon as possible, with findings and any proposed recommendations for enhanced road safety features.

Residents have contacted me concerned about the safety at the intersection of Islington Ave and Muir Ave/Millwick Dr.  This is a heavily used intersection that allows people to connect to a residential neighbourhood, industrial businesses, and local retail.  Heavy trucks using the intersection have on numerous occasions damaged surrounding infrastructure.  Pedestrians and drivers feel unsafe traversing the intersection.  To ensure the safety of the community, I am requesting that staff review the collision history, alignment and turning radiuses, and other relevant information and report back with findings and any proposed recommendations for enhanced road safety features.

Etobicoke York Community Council will introduce bills.