CITY CLERK

Clause embodied in Report No. 5 of the Community Council, which was before the Council of the City of at its meeting held on May 21, 22, and 23, 2002.

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Other Items Considered by the Community Council

(City Council on May 21, 22 and 23, 2002, received this Clause, for information.)

(a) Preliminary Report – Application to Amend the Official Plan and Zoning By-law – TB CMB 2002 0003 – 1430731 Limited, c/o PMG Planning Consultants – 775 Steeles Avenue West – Ward 10 – York Centre.

The North York Community Council reports having approved the following report:

(April 11, 2002) from the Director, Community Planning, North District, Urban Development Services, providing preliminary information on the above-noted application and seeking Community Council’s directions on further processing of the application and on the community consultation process; and recommending that:

(1) Staff be directed to schedule a community consultation meeting together with the Ward Councillor.

(2) Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

(3) Notice for the Public Meeting under the Planning Act be given according to the regulations under the Planning Act.

(b) Preliminary Report – Application to Amend the Official Plan and Zoning By-law – TB OPA 2002 0001 & TB ZBL 2002 0001 – Namara Developments Ltd. – Southeast corner of Jane Street and Troutbrooke Drive – Ward 9 – York Centre.

The North York Community Council reports having approved the following report (April 18, 2002) from the Director, Community Planning, North District, Urban Development Services, subject to:

(1) Recommendation No. (2) being amended to read as follows:

“(2) Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site and to individuals residing within the expanded notification area which includes Troutbrooke Drive; Austrey Court; Gatesgill Crescent; Toronto City Council 2 North York Community Council May 21, 22, and 23, 2002 Report No. 5, Clause No. 22

Linthurst Avenue; Monclova Road (Nos. 43 – 79 inclusive); Exbury Road (Nos. 117 – 195 inclusive); 2415 and 2425 Jane Street.”

(2) Recommendation No. (3) being amended to read as follows:

“(3) Notice for the Public Meeting under the Planning Act be given according to the regulations under the Planning Act and to all those individuals within the expanded notification area referred to in Recommendation (2) above.”

(April 18, 2002) from the Director, Community Planning, North District, Urban Development Services, providing preliminary information on the above-noted applications and seeking Community Council’s direction on further processing of the applications and on the community consultation process; and recommending that:

(1) Staff be directed to schedule a community consultation meeting together with the Ward Councillor.

(2) Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

(3) Notice for the Public Meeting under the Planning Act be given according to the regulations under the Planning Act.

(c) Preliminary Report – Application to Amend the Official Plan and Zoning By-law – TB CMB 2002 0004 – Keele Valley Properties Limited – 3792-3846 Bathurst Street – Ward 10 – York Centre

The North York Community Council reports having approved the following report:

(April 22, 2002) from the Director, Community Planning, North District, Urban Development Services, providing preliminary information on the above-noted applications and seeking Community Council’s directions on further processing of the applications and on the community consultation process; and recommending that:

(1) Staff be directed to schedule a joint community consultation meeting on both applications together with the Ward Councillor.

(2) Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

(3) Notice for the Public Meeting under the Planning Act be given according to the regulations under the Planning Act. Toronto City Council 3 North York Community Council May 21, 22, and 23, 2002 Report No. 5, Clause No. 22

(d) Further Preliminary Report – Revised Application to Amend the North York Zoning By-law 7625 – UDZ-97-36 and UDSB 1233 – Elderbrook Developments – Finch Avenue West between York Gate Boulevard and Norfinch Drive – Ward 8 – York West

The North York Community Council reports having approved the following report (December 19, 2001) from the Director, Community Planning, North District, Urban Development Services.

The North York Community Council also reports having requested the Director, Community Planning, North District, Urban Development Services, to discuss with the applicant, the request by the North York Community Council for substantial improvements in local infrastructure required to serve the community, and that everything possible be done in order to obtain appropriate contributions.

(December 19, 2001) from the Director, Community Planning, North District, Urban Development Services; reporting on a revised application for 780 apartment units and 184 townhouse and semi-detached units and seeking Community Council’s directions on further processing of the application and on the community consultation process; and recommending that:

(1) Staff be directed to schedule a community consultation meeting together with the Ward Councillor;

(2) Notice for the community consultation meeting be given to landowners and residents within 305 metres of the site; as previously directed by Council; and

(3) Notice for the Public Meeting under the Planning Act be given according to the regulations under the Planning Act and to residents within 305 metres of the site, as previously directed by Council.

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The North York Community Council also had before it a communication (May 6, 2002) from Superintendent James Parkin, Toronto Police Services, No. 31 Division, updating the North York Community Council on the consultation process between the Toronto Police Service and representatives of the North District of the Community Planning office, as requested by the North York Community Council; outlining the Toronto Police Services’ concerns with the proposal and further indicating that these issues of concern must be addressed in community consultation during the application process.

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A recorded vote on the Recommendation moved by Councillor Sutherland, Ward 33 – Don Valley East, was as follows: Toronto City Council 4 North York Community Council May 21, 22, and 23, 2002 Report No. 5, Clause No. 22

FOR: Councillors Sutherland, Shiner, Filion

AGAINST: Councillors Li Preti, Mammoliti

ABSENT: Councillors Feldman, Augimeri

Carried.

(e) York University Scholarship Award Winner.

The North York Community Council reports having received the presentation to the recipient of the York University Scholarship Award, which scholarship was created by the former City of North York in 1985, in celebration of York University’s 25th Anniversary.

Councillor Li Preti, on behalf of the North York Community Council, welcomed Miss Yasintha Vivekanandarajah and advised that Miss Vivekanandarajah began her studies at York University this Fall in the Schulich School of Business; that in her secondary school studies at Georges Vanier Secondary School she achieved academic excellence with an admission grade average of 91%; and in addition has a very impressive record of both school and community involvement.

Councillor LiPreti assisted by Paul Sutherland congratulated Miss Yasintha Vivenanandarajah on behalf of the North York Community Council and presented her with the Scholarship Award and a commemorative scroll.

(f) Canadian Professional Soccer League (CPSL) – Awarding the Hosting of the Rogers Cup Championship, “The CPSL Playoffs” to the Soccer Club at on October 18, 19 and 20, 2002.

The North York Community Council reports having:

(1) received a presentation and background material regarding the Rogers Cup Championship “CPSL Playoffs” being hosted by the North York Astros Soccer Club at Esther Shiner Stadium on October 18, 19 and 20, 2002;

(2) endorsed in principle, the waiving of fees that would be charged to the North York Astros Soccer Club when hosting the Rogers Cup Championship “CPSL Playoffs” at the Esther Shiner Stadium on October 18, 19 and 20, 2002;

(3) requested the Commissioner of Economic Development, Culture and Tourism to report back to the North York Community Council regarding: Toronto City Council 5 North York Community Council May 21, 22, and 23, 2002 Report No. 5, Clause No. 22

(a) the costs involved in waiving the fees, following negotiations with the North York Astros Soccer Club; and

(b) the need for soccer fields and playing fields for other types of sports; setting forth recommendations on how to proceed with such a review;

(March 27, 2002) from Mr. Bruno Ierullo, General Manager, North York Astros, addressed to Councillor Li Preti, informing the North York Community Council that the Canadian Professional Soccer League (CPSL) has awarded the North York Astros Soccer Club, the hosting of the Rogers Cup Championship, “The CPSL Playoffs”; and further indicating that for the first time ever, North York will become the focal point of soccer’s final four version, as 14 teams from as far as Montreal, Ottawa, Durham, St. Catharines, Hamilton and London, will join the Vaughan, York Region, Scarborough, Brampton, Mississauga, Toronto and North York Astros to compete for the right to the Final Four at Esther Shiner Stadium, on October 18, 19 and 20, 2002.

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The following persons addressed the North York Community Council in connection with the foregoing matter:

- Mr. Bruno Ierullo, General Manager, North York Astros, who provided a brief video presentation; and submitted background material regarding the hosting of the Rogers Cup Championship “CPSL Playoffs” by the North York Astros Soccer Club, the North York Astros Soccer Club profile and Club history;

- Mr. Andy Doudoumis, North York Soccer Association; and

- Mr. Vincent Ursini, President, Canadian Professional Soccer League Inc.

(g) Canadian Hispanic Day Parade Event – September 15, 2002.

The North York Community Council reports having:

(1) received a presentation and background material regarding the Canadian Hispanic Day Parade to be held on September 15, 2002 and the Hispanic Cultural Show to be held at the Downsview Arena on September 14 – 15, 2002;

(2) endorsed in principle, the waiving of fees that would be charged in connection with the use of the Downsview Arena on September 14 and 15, 2002 for the Hispanic Cultural Show; and Toronto City Council 6 North York Community Council May 21, 22, and 23, 2002 Report No. 5, Clause No. 22

(3) requested the Commissioner of Economic Development, Culture and Tourism, to report back to the North York Community Council with respect to:

(a) the costs involved in waiving the fees;

(b) declaring September 15, 2002 as “North York Hispanic Day”;

(c) the promotion of the event in the City of Toronto’s Special Events Bulletin;

(d) other avenues that would be of assistance to the Canadian Hispanic Day Committee.

The following persons addressed the North York Community Council in connection with the foregoing matter:

- Ms. Mayela Romero, Secretary, who presented background material regarding the 2001 Canadian Hispanic Day Parade and the proposed Canadian Hispanic Day Parade and Cultural Event for 2002; and submitted a short video presentation;

- Ms. Connie Caruso, President, Canadian Hispanic Day Parade; and

- Mr. Michael Da Silva, Sponsor of the Canadian Hispanic Day Parade.

(h) Final Report – Application to Amend the Official Plan and Zoning By-law 7625 – UDOZ-00-17 – PMG Planning Consulting – 569 Sheppard Avenue West and 4383 Bathurst Street – Ward 10 – York Centre.

The North York Community Council reports having deferred consideration of the report (April 24, 2002) from the Director, Community Planning, North District, Urban Development Services, to its next meeting scheduled for June 5, 2002, and that the continuation of the statutory public meeting proceed on that date at 3:00 p.m.

The North York Community Council also reports, for the information of Council, having requested:

(i) the Director, Community Planning, North District, Urban Development Services, to review the written and verbal submissions provided by the deputants and report thereon to the North York Community Council for its meeting scheduled for June 5, 2002;

(ii) the District Manager, North District, Municipal Licensing and Standards and Court Services, to submit a report to the next meeting of the North York Toronto City Council 7 North York Community Council May 21, 22, and 23, 2002 Report No. 5, Clause No. 22

Community Council, advising whether or not the buildings at 4383 Bathurst Street and 569 Sheppard Avenue comply with the City’s property standards; and Toronto City Council 8 North York Community Council May 21, 22, and 23, 2002 Report No. 5, Clause No. 22

(iii) that in the event approval is granted and the design of the proposed access driveway results in complaints from the buildings’ residents, regarding internal transient traffic, the Ward Councillor request the Director, Transportation Services, District 3, Works and Emergency Services, to confirm the extent of the problem and if appropriate, the applicant install internal gate controls to eliminate this problem, and that this condition be included in the site plan agreement.

The North York Community Council reports having held a statutory public meeting on May 8, 2002 and that notice was given in accordance with the Planning Act.

(April 24, 2002) from the Director, Community Planning, North District, Urban Development Services regarding an application to amend the Official Plan and Zoning By-law to permit an additional 13 storey residential condominium building at the southeast corner of Bathurst Street and Sheppard Avenue East; and recommending that City Council:

(1) amend the Official Plan for the former City of North York substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 6;

(2) amend the Zoning By-law 7625 for the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7;

(3) authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendment as may be required; and

(4) before introducing the necessary Bills to City Council for enactment, require the owner to:

(a) enter into a Section 37 Agreement under the Planning Act securing:

(i) the existing rental apartment building remaining as rental for a minimum period of fifteen years and an agreement that no application for condominium conversion or application to demolish be made during that time period,

(ii) a cash contribution by the owner of $83,500 for capital improvements to undertake one or more or portions of the following improvements to the existing rental buildings such that the cost of the improvements up to $83,500 cannot be passed through to the tenants through rent increases: Toronto City Council 9 North York Community Council May 21, 22, and 23, 2002 Report No. 5, Clause No. 22

(A) replacement of all windows in both buildings (B) balcony, concrete and railing improvements (C) underground parking garage remedial work (D) plumbing upgrades (E) elevator refurbishing and upgrades (F) security system (G) noise reduction of rooftop mechanical equipment

(b) obtain Site Plan Approval from the Director, Community Planning, North District, under Section 41 of the Planning Act.

(c) fully comply with any outstanding Orders issued under the Building Code Act for 4383 Bathurst Street or 569 Sheppard Avenue West to the satisfaction of the Municipal Licensing and Standards Division.

A staff presentation was made by Ms. Karen Whitney, Senior Planner, Community Planning, North District, Urban Development Services.

The following persons appeared before the North York Community Council in connection with the foregoing matter:

- Mr. Julius DeRuyter, PMG Planning Consultants, on behalf of the applicant, who briefly outlined the merits of the proposed development and advised that the property standards issues would be attended to.

- Ms. Teresa Hyatt, on behalf of the 4383 Bathurst Street Tenants Association, who presented a written submission. She commented on various issues that had been brought forward at steering committee meetings and had still not been addressed. In this regard she expressed the concern that the local sewer system is already overburdened and would be inadequate to service the proposed condominium. She then pointed out that there will be a substantial increase in garbage and litter in the area and that the garbage container proposed for the new building will affect 569 Sheppard Avenue when the west wind blows; as well as 4383 Bathurst Street when the northerly wind blows. In addition she expressed concern regarding the soil instability behind 1 Canyon Avenue and the continued soil erosion on the east rock face across from Earl Bales Park. She then questioned whether any tests have been done on the impact of high winds north and south of the proposed building which will create a wind-tunnel in the common areas. With respect to the roadway, she expressed the concern that non-residents would use it to bypass the lights at Bathurst and Sheppard. Also, with regard to the entrance to the underground parking, fumes from vehicles entering and exiting will affect the north-facing tenants of 4383 Bathurst Street whose balconies would be directly above the underground entrance. With regard to the design of proposed building, she commented that the style is unattractive and does not fit in with that of the 40 year old buildings already on the site. Toronto City Council 10 North York Community Council May 21, 22, and 23, 2002 Report No. 5, Clause No. 22

In addition, she expressed the concern that if the property owner decides to enhance the buildings already on site to match the proposed condominium, the tenants of both apartment buildings will have to bear the brunt of the costs. She further pointed out that the proposed roadway will entail the relocation of the outdoor swimming pool used by both buildings and the removal of an existing Willow tree which provides improved air quality and beautification to the area. In addition she stated that the new location of the swimming pool will be in direct view of Earl Bales Park, will be in a shaded area and in addition, the tenants whose apartments overlook the space or live on the northeast and southeast sides of the building will be affected by increased noise levels.

Ms. Hyatt concluded by requesting that the North York Community Council consider incorporating the following suggestions for modification of this zoning amendment application: (1) prior to Council’s approval, ensure impact studies are performed on the sewer system, air quality for residents (specifically regarding the impact of a vehicular entranceway so close to 4383 Bathurst Street), and level of vehicular traffic in the area (current and proposed); (2) leave the entrance to the underground parking area to 4383 Bathurst Street where it is, as well as the common areas, and do not put in a roadway; (3) should the roadway be accepted by Council, incorporate an amendment to insist that yellow (or lemon) gentian be planted annually along each side of the proposed roadway. Environmental studies during the 1990’s determined that this plant absorbs 90 times its weight in lead from the air and soil; (4) reduce the size of the proposed condominium from thirteen floors to seven or eight, thereby reducing the “wind tunnel” effect to the surrounding areas, allowing for adequate air flow; (5) incorporate a community garden in the common areas, thereby reducing waste and encouraging recycling and composting; and (6) leave the pool, and the Willow tree where they are and plant other large leaf, native trees such as Maples, Oak , Ash and Thorn;

- Mr. Michael Klein, who expressed concern regarding the loss of valuable green space and the loss of the pool. He further commented that Earl Bales Park is grossly over-used in the summer with many people barbecuing in the park, which results in poor air quality. In addition he stated that there was no benefit to be gained by this development for people in the area and that if there is a question of the need for housing, the proposal misses the mark. In closing, he advised that he is a tenant in the area, and can not see anything positive coming out of the construction of a 13 storey high-rise apartment building on the corner.

- Mr. Gary Kay, on behalf of the owner of the Bathurst-Sheppard Plaza, who advised that the plaza owners are in the process of upgrading and expanding the Plaza. He advised that currently there is not sufficient parking in the area and the construction of a new 13 storey building would only add to the problem. He then expressed the concern that in addition to the residential portion of the development, a 5,000 square feet of commercial development is also proposed, for which he claimed only 3 parking spaces are being provided along with another 13 spaces that would have to be shared with the residents for visitor Toronto City Council 11 North York Community Council May 21, 22, and 23, 2002 Report No. 5, Clause No. 22

parking space. He then requested that the three spaces of surface parking be signed and made available only for customers; that the visitors parking spaces be available to all the customers, and that the parking be limited to 2 hours; indicating also that enforcement should also be provided for in an agreement. With respect to the commercial portion, he stated that there should be at least 2 units and none larger than 1,000 square feet. In addition, he expressed the concern that customers, tenants and visitors to the new building would use the parking lot of the Bathurst-Sheppard Plaza as an over-flow parking area. With respect to the uses of the commercial portion of the proposed development, he stated that such uses should be restricted and limited to personal service shops and should exclude financial institutions and professional medical offices which would require much more parking.

- Ms. Barbara Logan, who expressed the concern that the parking for visitors is not sufficient at 569 Sheppard Avenue West and therefore people will go across the street to park. She also pointed out that the area of Bathurst and Sheppard is already congested and added that two apartment buildings, 20 storeys high are also proposed for Bogert, as well as townhouses. In addition she expressed concern with the proposed location for the swimming pool.

- Mr. Downes who expressed the concern that the new development is being looked at in isolation and added that there should be some way communities can have regular dialogue and expressed the opinion that the persons responsible for the new development should take responsibility for the current tenants. He then suggested that the proposal should be sent back to the planners so that all the concerns can be addressed and resolved in an amicable forum with a meaningful committee structure. In closing he stated that he would support development being there but felt that the current proposal should be reconsidered.

- Mr. Gilbert Uretsky who expressed his concern that the landlord does not keep the property at 569 Sheppard Avenue West in a good state of repair, and in this regard commented on the low temperature and the poor condition of the carpet and the walls. He then questioned why Council would permit another building on the site which is only economical to the owner and the builder constructing it, but will not be of any benefit to the tenants currently living in the area. In addition he questioned whether it would be possible to have a crosswalk installed near the most easterly driveway of the property at 569 Sheppard Avenue West. In closing Mr. Uretsky requested that the current proposal not be approved without the owner first repairing the buildings at 569 Sheppard Avenue West and 4383 Bathurst Street to meet the property standards established by the City.

- Mr. Brad Smith, Property Manager for 569 Sheppard Avenue West and 4383 Bathurst Street, who advised that repairs were currently underway, windows and carpeting were being replaced and lighting was being repaired or upgraded as necessary. Toronto City Council 12 North York Community Council May 21, 22, and 23, 2002 Report No. 5, Clause No. 22

(i) Proposal for Children’s Mural – “Celebrate Don’t Hibernate” – to be formatted as a Christmas Holiday Card – Proceeds to Children’s Charities in Toronto.

The North York Community Council reports having:

(1) received the presentation by Irene Udo on behalf of DiscoverAbility, and the communication (May 8, 2002) from Josee Chan, Program Manager, DiscoverAbility Inc. regarding the children’s mural titled “Celebrate Don’t Hibernate” which was created by children who attended the DiscoverAbility Children Arts and Athletic program during Winterfest 2002 at the North York Civic Centre and Mel Lastman Square;

(2) authorized the display of the said mural in the lobby of the North York Civic Centre; and

(3) requested that the communication (May 8, 2002) from Josee Chan, Program Manager, DiscoverAbility Inc. be referred to the Chief of Protocol, City Clerk’s Division and the Director, Corporate Communications, in order to submit a report to the North York Community Council, for its meeting scheduled for June 5, 2002, commenting on the reformatting of the Children’s Mural, “Celebrate Don’t Hibernate” as a Christmas Holiday Card to celebrate the works of young artists within the City of Toronto, and offering said Card for sale to the City of Toronto Councillors, and all the City’s Departments, Service Clubs and the residents of Toronto.

(May 8, 2002) from Josee Chan, Program Manager, DiscoverAbility Inc. advising that a children’s mural titled “Celebrate Don’t Hibernate” was created at WinterFest 2002 by Toronto’s children; requesting the support of the Councillors and hosts of WinterFest to support the project by purchasing Christmas cards; and further advising that the community has suggested that the mural be made into a Christmas Card and offered for sale to the City of Toronto Councillors, all City departments, Service Clubs and residents of Toronto, the proceeds from which will go to children’s charities.

Ms. Irene Udo, on behalf of DiscoverAbility Inc. addressed the North York Community Council in connection with the foregoing matter.