Item - 2013.NY23.34

Tracking Status

  • City Council adopted this item on May 7, 2013 without amendments and without debate.
  • This item was considered by the North York Community Council on April 9, 2013 and adopted without amendment. It will be considered by City Council on May 7, 2013.

NY23.34 - Final Report - Zoning By-law Amendment and Plan of Subdivision Applications - 70 and 80 Wicksteed Avenue, 202, 204 and 206 Parkhurst Boulevard and 99 Vanderhoof Avenue

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
26 - Don Valley West

City Council Decision

City Council on May 7, 8, 9 and 10, 2013, adopted the following:

 

1.         City Council amend former Town of Leaside By-law No. 1916 for the lands at 70 and 80 Wicksteed Avenue, 202, 204 and 206 Parkhurst Boulevard and 99 Vanderhoof Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 13 to the report (February 5, 2013) from the Director, Community Planning, North York District.

 

2.         In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the draft plan of subdivision, as generally illustrated on Attachment 4 to the report (February 5, 2013) from the Director, Community Planning, North York District, subject to:

 

a.         the conditions as generally listed in Attachment 14 to the report (February 5, 2013) from the Director, Community Planning, North York District, which except as otherwise noted, must be fulfilled prior to the release of the plan of subdivision for registration;

 

b.         any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development; and

 

c.         the Notice of Decision of draft plan approval not being issued until the Zoning By-law amendment is in full force and effect.

 

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

 

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 70 and 80 Wicksteed Avenue, 202, 204 and 206 Parkhurst Boulevard and 99 Vanderhoof Avenue to:

 

a.         Enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, to secure the following:

 

i.          a $500,000 cash payment to be used towards the cost of constructing and equipping the expansion to Leaside Memorial Gardens, to be paid prior to the issuance of the first above-grade building permit for the development, with such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the registration of the Section 37 Agreement to the date of payment; and

 

ii.         provisions for the construction of a 3 metre wide landscaped centre median on Laird Drive along the frontage of the site designed and constructed to the satisfaction of the Director of Transportation Services and the Manager of Technical Services, such median to include irrigation and hard and soft landscaping materials to the satisfaction of the General Manager, Parks, Forestry & Recreation. The installation of the landscaped median shall be secured by posting a Letter of Credit in an amount not less than $321,000 prior to site plan approval.

 

The following matters are also recommended to be secured in the Section 37 Agreement in support of the development:

 

iii.         construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council in October 2009.

 

iv.         submit a construction management plan to the satisfaction of Executive Director of Technical Services, such plan to include information regarding the construction timetable and protocols to address construction activities such as noise, dust, temporary loss of facilities and services, parking of vehicles, standards for cleanliness of public spaces and contact numbers for complaints.

 

b.         Obtain Notice of Site Plan Approval Conditions to be issued from the Director, Community Planning, North York District.

 

c.         Enter into a Subdivision Agreement as set out in the conditions of draft plan of subdivision approval in Attachment 14 to the report (February 5, 2013) from the Director, Community Planning, North York District, as may be revised pursuant to Part 2 above.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(February 5, 2013) Final Report and Attachments 1-14 from the Director, Community Planning, North York District on Zoning By-law Amendment and Plan of Subdivision Applications for 70 and 80 Wicksteed Avenue, 202, 204 and 206 Parkhurst Boulevard and 99 Vanderhoof Avenue
https://www.toronto.ca/legdocs/mmis/2013/ny/bgrd/backgroundfile-56529.pdf

Communications (Community Council)

(February 1, 2013) Letter from Hon. Alan Redway (NY.Main.NY23.34.1)
(February 14, 2013) E-mail from Dr. Anthea Zacharatos and Tom Wieczorek (NY.Main.NY23.34.2)
(February 19, 2013) E-mail from Chad Iwata (NY.Main.NY23.34.3)
(February 21, 2013) E-mail from Frank Schimpl, P.Eng. (NY.Main.NY23.34.4)
(February 18, 2013) Letter from Kerry St. Germain-Corbett (NY.Main.NY23.34.5)
(February 21, 2013) E-mail from Sarah Garson addressed to Councillor Parker and submitted to the North York Community Council (NY.Main.NY23.34.6)
(February 21, 2013) E-mail from Michele McMaster (NY.Main.NY23.34.7)
(February 22, 2013) E-mail from Daniel F. Engels addressed to Councillor Parker and submitted to North York Community Council (NY.Main.NY23.34.8)
(February 22, 2013) E-mail from Roslyn Houser, Goodmans LLP, on behalf of the applicant (NY.Main.NY23.34.9)
https://www.toronto.ca/legdocs/mmis/2013/ny/comm/communicationfile-34871.pdf
(February 21, 2013) E-mail from Geordon Ferguson (NY.Main.NY23.34.10)
(February 22, 2013) E-mail from Cal Cochrane addressed to Councillor Parker and submitted to North York Community Council (NY.Main.NY23.34.11)
(February 24, 2013) E-mail from Michelle Iwata (NY.Main.NY23.34.12)
(February 24, 2013) E-mail from Shawn Sheppard (NY.Main.NY23.34.13)
(February 25, 2013) E-mail from David Mizener and Lindsay Norberg (NY.Main.NY23.34.14)
(February 26, 2013) E-mail from Allan McCartney (NY.Main.NY23.34.15)
(February 25, 2013) E-mail from Sarah Garson addressed to Councillor Parker and submitted to North York Community Council (NY.Main.NY23.34.16)
(February 27, 2013) E-mail from Don Holdsworth (NY.Main.NY23.34.17)
(April 9, 2013) Letter from Carol Burtin Fripp, Vice President, Leaside Property Owners' Association Inc. (NY.New.NY23.34.18)
https://www.toronto.ca/legdocs/mmis/2013/ny/comm/communicationfile-35722.pdf
(April 9, 2013) Submission from Don Schmitt, Architect/Principal, Diamond Schmitt Architects, on behalf of Smart Centres - Wicksteed/Laird Retail Development (NY.New.NY23.34.19)
https://www.toronto.ca/legdocs/mmis/2013/ny/comm/communicationfile-35789.pdf

NY23.34 - Final Report - Zoning By-law Amendment and Plan of Subdivision Applications - 70 and 80 Wicksteed Avenue, 202, 204 and 206 Parkhurst Boulevard and 99 Vanderhoof Avenue

Decision Type:
ACTION
Status:
Adopted
Ward:
26 - Don Valley West

Public Notice Given

Statutory - Planning Act, RSO 1990

Community Council Recommendations

North York Community Council recommends that:

 

1.         City Council amend former Town of Leaside By-law No. 1916 for the lands at 70 and 80 Wicksteed Avenue, 202, 204 and 206 Parkhurst Boulevard and 99 Vanderhoof Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 13 to the report (February 5, 2013) from the Director, Community Planning, North York District.

 

2.         In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner intends to approve the draft plan of subdivision, as generally illustrated on Attachment 4 to the report (February 5, 2013) from the Director, Community Planning, North York District, subject to:

 

a.         the conditions as generally listed in Attachment 14 to the report (February 5, 2013) from the Director, Community Planning, North York District, which except as otherwise noted, must be fulfilled prior to the release of the plan of subdivision for registration;

 

b.         any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of this development; and

 

c.         the Notice of Decision of draft plan approval not being issued until the Zoning By-law amendment is in full force and effect.

 

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

 

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 70 and 80 Wicksteed Avenue, 202, 204 and 206 Parkhurst Boulevard and 99 Vanderhoof Avenue to:

 

a.         Enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, to secure the following:

 

i.          a $500,000 cash payment to be used towards the cost of constructing and equipping the expansion to Leaside Memorial Gardens, to be paid prior to the issuance of the first above-grade building permit for the development, with such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the registration of the Section 37 Agreement to the date of payment.

 

ii.         provisions for the construction of a 3 metre wide landscaped centre median on Laird Drive along the frontage of the site designed and constructed to the satisfaction of the Director of Transportation Services and the Manager of Technical Services, such median to include irrigation and hard and soft landscaping materials to the satisfaction of the General Manager, Parks, Forestry & Recreation. The installation of the landscaped median shall be secured by posting a Letter of Credit in an amount not less than $321,000 prior to site plan approval.

 

The following matters are also recommended to be secured in the Section 37 Agreement in support of the development:

 

iii.        construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council in October 2009.

 

iv.        submit a construction management plan to the satisfaction of Executive Director of Technical Services, such plan to include information regarding the construction timetable and protocols to address construction activities such as noise, dust, temporary loss of facilities and services, parking of vehicles, standards for cleanliness of public spaces and contact numbers for complaints.

 

b.         Obtain Notice of Site Plan Approval Conditions to be issued from the Director, Community Planning, North York District.

 

c.         Enter into a Subdivision Agreement as set out in the conditions of draft plan of subdivision approval in Attachment 14 to the report (February 5, 2013) from the Director, Community Planning, North York District, as may be revised pursuant to Recommendation 2, above.

Decision Advice and Other Information

Notice of the statutory public meeting on February 26, 2013 was given in accordance with the Planning Act.  North York Community Council adjourned its statutory public meeting until April 9, 2013, at 1:30 p.m.

 

Steve Forrester, Senior Planner, Community Planning, North York District, gave a presentation to North York Community Council on the proposed development.

Origin

(February 5, 2013) Report from the Director, Community Planning, North York District

Summary

This application seeks to amend the former Town of Leaside Zoning By-law No. 1916 to permit a retail commercial centre with a gross floor area of 15,669m². The proposal comprises a 7,308m² anchor store on the second level and series of smaller one and two-storey commercial buildings ranging in size from 468m² to 1,400m² and 487 parking spaces.

 

An application for Draft Plan of Subdivision has also been submitted to provide for the creation of development blocks and extending Parkhurst Boulevard and Vaughan Street to connect with Wicksteed Avenue.

 

The applicant’s proposal for a new large-format retail store on a portion of the property and plan of subdivision including provision of new public roads is consistent with the Provincial Policy Statement and in conformity with the Growth Plan for the Greater Golden Horseshoe.  The proposal also conforms to the general objectives of the Official Plan.

 

This report reviews and recommends approval of the application to amend the Zoning By-law and advises that the Chief Planner may approve the Draft Plan of Subdivision.

Background Information

(February 5, 2013) Final Report and Attachments 1-14 from the Director, Community Planning, North York District on Zoning By-law Amendment and Plan of Subdivision Applications for 70 and 80 Wicksteed Avenue, 202, 204 and 206 Parkhurst Boulevard and 99 Vanderhoof Avenue
https://www.toronto.ca/legdocs/mmis/2013/ny/bgrd/backgroundfile-56529.pdf

Communications

(February 1, 2013) Letter from Hon. Alan Redway (NY.Main.NY23.34.1)
(February 14, 2013) E-mail from Dr. Anthea Zacharatos and Tom Wieczorek (NY.Main.NY23.34.2)
(February 19, 2013) E-mail from Chad Iwata (NY.Main.NY23.34.3)
(February 21, 2013) E-mail from Frank Schimpl, P.Eng. (NY.Main.NY23.34.4)
(February 18, 2013) Letter from Kerry St. Germain-Corbett (NY.Main.NY23.34.5)
(February 21, 2013) E-mail from Sarah Garson addressed to Councillor Parker and submitted to the North York Community Council (NY.Main.NY23.34.6)
(February 21, 2013) E-mail from Michele McMaster (NY.Main.NY23.34.7)
(February 22, 2013) E-mail from Daniel F. Engels addressed to Councillor Parker and submitted to North York Community Council (NY.Main.NY23.34.8)
(February 22, 2013) E-mail from Roslyn Houser, Goodmans LLP, on behalf of the applicant (NY.Main.NY23.34.9)
https://www.toronto.ca/legdocs/mmis/2013/ny/comm/communicationfile-34871.pdf
(February 21, 2013) E-mail from Geordon Ferguson (NY.Main.NY23.34.10)
(February 22, 2013) E-mail from Cal Cochrane addressed to Councillor Parker and submitted to North York Community Council (NY.Main.NY23.34.11)
(February 24, 2013) E-mail from Michelle Iwata (NY.Main.NY23.34.12)
(February 24, 2013) E-mail from Shawn Sheppard (NY.Main.NY23.34.13)
(February 25, 2013) E-mail from David Mizener and Lindsay Norberg (NY.Main.NY23.34.14)
(February 26, 2013) E-mail from Allan McCartney (NY.Main.NY23.34.15)
(February 25, 2013) E-mail from Sarah Garson addressed to Councillor Parker and submitted to North York Community Council (NY.Main.NY23.34.16)
(February 27, 2013) E-mail from Don Holdsworth (NY.Main.NY23.34.17)
(April 9, 2013) Letter from Carol Burtin Fripp, Vice President, Leaside Property Owners' Association Inc. (NY.New.NY23.34.18)
https://www.toronto.ca/legdocs/mmis/2013/ny/comm/communicationfile-35722.pdf
(April 9, 2013) Submission from Don Schmitt, Architect/Principal, Diamond Schmitt Architects, on behalf of Smart Centres - Wicksteed/Laird Retail Development (NY.New.NY23.34.19)
https://www.toronto.ca/legdocs/mmis/2013/ny/comm/communicationfile-35789.pdf

Speakers

Roslyn Houser, Solicitor, Goodmans LLP, on behalf of the applicant
Don Schmitt, Architect/Principal, Diamond Schmitt Architects (Submission Filed)
Carol Burtin Fripp, Vice President, Leaside Property Owners' Association Inc.
Alan Redway

Motions

1 - Motion to Adopt Item moved by Councillor John Parker (Carried)

That North York Community Council recommend that:

 

1.         City Council adopt the staff recommendations in the Recommendations Section of the report (February 5, 2013) from the Director, Community Planning, North York District.

Vote (Adopt Item) Apr-09-2013

Result: Carried Majority Required
Total members that voted Yes: 6 Members that voted Yes are Maria Augimeri (Chair), Shelley Carroll, John Parker, Anthony Perruzza, David Shiner, Karen Stintz
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Josh Colle, John Filion, Denzil Minnan-Wong, James Pasternak, Jaye Robinson
Source: Toronto City Clerk at www.toronto.ca/council