Item - 2019.NY8.3

Tracking Status

  • City Council adopted this item on October 29, 2019 without amendments.
  • City Council considered this item on October 2, 2019 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • This item was considered by the North York Community Council on September 16, 2019 and adopted without amendment. It will be considered by City Council on October 2, 2019.
  • See also By-laws 1782-2019, 1783-2019

NY8.3 - Final Report - Zoning By-Law Amendment Application - 1299 Don Mills Road

Decision Type:
ACTION
Status:
Adopted
Ward:
16 - Don Valley East

City Council Decision

City Council on October 29 and 30, 2019, adopted the following:

 

1. City Council amend former City of North York Zoning By-law 7625, for the lands at 1299 Don Mills Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (August 28, 2019) from the Director, Community Planning, North York District.

 

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1299 Don Mills Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (August 28, 2019) from the Director, Community Planning, North York District.

 

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

 

4. Before introducing the necessary Bills to City Council for enactment, City Council direct that outstanding engineering issues outlined in the memo dated July 29, 2019, from Engineering and Construction Services as they relate to the Zoning By-law Amendment are to be addressed to the satisfaction of the Executive Director and Chief Engineer, Engineering and Construction Services.

 

5. Before introducing the Bills for the Zoning By-law Amendments to City Council for enactment, City Council direct that the owner shall:

 

a. enter into a Heritage Easement Agreement with the City for the property at 1299 Don Mills Road in accordance with the plans prepared by Makow Associates Architect Inc., dated June 20, 2019, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment, prepared by ERA Architects, dated June 21, 2019, and on file with the Senior Manager, Heritage Preservation Services and in accordance with the Conservation Plan required in Part 5.b below, to the satisfaction of the Senior Manager, Heritage Preservation Services, including registration of such agreement to the satisfaction of the City Solicitor; and

 

b. provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 1299 Don Mills Road prepared by ERA Architects, dated June 21, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(August 28, 2019) Report and City of Toronto Data/Drawings (Attachments 1-6) and Applicant Submitted Drawings (Attachments 9-10d) from the Director, Community Planning, North York District on a Zoning By-Law Amendment Application for 1299 Don Mills Road
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-136913.pdf

Background Information (City Council)

(October 29, 2019) Supplementary report from the Chief Planner and Executive Director, City Planning on 1229 Don Mills Road - Zoning By-law Amendment Application (NY8.3b)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-139473.pdf

Communications (Community Council)

(September 9, 2019) E-mail from Susan Kusturin (NY.New.NY8.3.1)
(September 10, 2019) E-mail from Stephen Bernatt, President, Bernatt Architect Ltd. (NY.New.NY8.3.2)
(August 29, 2019) E-mail from Amjad Zahir, Transportation Technician, Ministry of Transportation (NY.New.NY8.3.3)
(September 12, 2019) E-mail from Bert Bobrovniczky (NY.New.NY8.3.4)
(September 16, 2019) Submission from Lindsay Dale-Harris, Bousfields Inc. (NY.New.NY8.3.5)

Communications (City Council)

(September 18, 2019) Letter from Stephen Bernatt, Bernatt Architect Ltd. (CC.Supp.NY8.3.6)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-97851.pdf
(September 23, 2019) Letter from Nam Ngok Wu (CC.Supp.NY8.3.7)
(October 1, 2019) E-mail from Nicole Corrado (CC.Supp.NY8.3.8)
(October 8, 2019) E-mail from Dr. Simeon Minkov (CC.Main.NY8.3.9)

Motions (City Council)

Motion to Adopt Item (Carried)

3a - Supplementary Report - Zoning By-Law Amendment Application - 1299 Don Mills Road

Background Information (Community Council)
(September 12, 2019) Report from the Director, Community Planning, North York District on a Zoning By-law Amendment Application for 1299 Don Mills Road
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-137539.pdf

NY8.3 - Final Report - Zoning By-Law Amendment Application - 1299 Don Mills Road

Decision Type:
ACTION
Status:
Deferred
Ward:
16 - Don Valley East

City Council Decision

City Council on October 2 and 3, 2019, deferred consideration of Item NY8.3 to the October 29 and 30, 2019 meeting of City Council.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(August 28, 2019) Report and City of Toronto Data/Drawings (Attachments 1-6) and Applicant Submitted Drawings (Attachments 9-10d) from the Director, Community Planning, North York District on a Zoning By-Law Amendment Application for 1299 Don Mills Road
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-136913.pdf

Communications (Community Council)

(September 9, 2019) E-mail from Susan Kusturin (NY.New.NY8.3.1)
(September 10, 2019) E-mail from Stephen Bernatt, President, Bernatt Architect Ltd. (NY.New.NY8.3.2)
(August 29, 2019) E-mail from Amjad Zahir, Transportation Technician, Ministry of Transportation (NY.New.NY8.3.3)
(September 12, 2019) E-mail from Bert Bobrovniczky (NY.New.NY8.3.4)
(September 16, 2019) Submission from Lindsay Dale-Harris, Bousfields Inc. (NY.New.NY8.3.5)

Communications (City Council)

(September 18, 2019) Letter from Stephen Bernatt, Bernatt Architect Ltd. (CC.Supp.NY8.3.6)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-97446.pdf
(September 23, 2019) Letter from Nam Ngok Wu (CC.Supp.NY8.3.7)
(October 1, 2019) E-mail from Nicole Corrado (CC.Supp.NY8.3.8)

Motions (City Council)

1 - Motion to Defer Item moved by Deputy Mayor Denzil Minnan-Wong (Carried)

That City Council defer consideration of the Item until the October 29 and 30 City Council meeting.

3a - Supplementary Report - Zoning By-Law Amendment Application - 1299 Don Mills Road

Background Information (Community Council)
(September 12, 2019) Report from the Director, Community Planning, North York District on a Zoning By-law Amendment Application for 1299 Don Mills Road
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-137539.pdf

NY8.3 - Final Report - Zoning By-Law Amendment Application - 1299 Don Mills Road

Decision Type:
ACTION
Status:
Adopted
Ward:
16 - Don Valley East

Public Notice Given

Statutory - Planning Act, RSO 1990

Community Council Recommendations

North York Community Council recommends that:

 

1. City Council amend former City of North York Zoning By-law 7625, for the lands at 1299 Don Mills Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (August 28, 2019) from the Director, Community Planning, North York District.

 

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1299 Don Mills Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (August 28, 2019) from the Director, Community Planning, North York District.

 

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

 

4. Before introducing the necessary Bills to City Council for enactment, City Council direct that outstanding engineering issues outlined in the memo dated July 29, 2019, from Engineering and Construction Services as they relate to the zoning by-law amendment are to be addressed to the satisfaction of the Executive Director and Chief Engineer, Engineering and Construction Services.

 

5. Before introducing the Bills for the Zoning By-law Amendments to City Council for enactment, City Council direct that the owner shall:

 

a. enter into a Heritage Easement Agreement with the City for the property at 1299 Don Mills Road in accordance with the plans prepared by Makow Associates Architect Inc., dated June 20, 2019, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment (HIA), prepared by ERA Architects, dated June 21, 2019, and on file with the Senior Manager, Heritage Preservation Services and in accordance with the Conservation Plan required in Recommendation 5.b below, to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor; and

 

b. provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 1299 Don Mills Road prepared by ERA Architects, dated June 21, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services.

Decision Advice and Other Information

North York Community Council held a statutory public meeting on September 16, 2019 and notice was given in accordance with the Planning Act.

Origin

(August 28, 2019) Report from the Director, Community Planning, North York District

Summary

This application proposes to permit three new lots for three new detached dwellings and a retained lot for the existing George Gray heritage house. The new lots would be located at the southeast corner of Don Mills Road and Legato Court, and front onto Don Mills Road for one lot, and Legato Court for the two other lots on the property currently known as 1299 Don Mills Road. The address of 1299 Don Mills Road would be maintained for the existing heritage dwelling, and new addresses for the proposed lots are to be assigned.

 

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019).

 

This report reviews and recommends approval of the application to amend the Zoning By-law. The application provides for the preservation and restoration of an existing designated heritage structure, and provides the opportunity for new detached dwellings which are compatible with the surrounding neighbourhood. Furthermore, the proposal conforms with the Toronto Official Plan.

Background Information

(August 28, 2019) Report and City of Toronto Data/Drawings (Attachments 1-6) and Applicant Submitted Drawings (Attachments 9-10d) from the Director, Community Planning, North York District on a Zoning By-Law Amendment Application for 1299 Don Mills Road
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-136913.pdf

Communications

(September 9, 2019) E-mail from Susan Kusturin (NY.New.NY8.3.1)
(September 10, 2019) E-mail from Stephen Bernatt, President, Bernatt Architect Ltd. (NY.New.NY8.3.2)
(August 29, 2019) E-mail from Amjad Zahir, Transportation Technician, Ministry of Transportation (NY.New.NY8.3.3)
(September 12, 2019) E-mail from Bert Bobrovniczky (NY.New.NY8.3.4)
(September 16, 2019) Submission from Lindsay Dale-Harris, Bousfields Inc. (NY.New.NY8.3.5)

Speakers

Stephen Bernatt, President, Bernatt Architect Ltd.
Lindsay Dale-Harris, Bousfields Inc. (Submission Filed)

Motions

Motion to Adopt Item moved by Councillor Denzil Minnan-Wong (Carried)

3a - Supplementary Report - Zoning By-Law Amendment Application - 1299 Don Mills Road

Origin
(September 12, 2019) Report from the Director, Community Planning, North York District
Summary

The purpose of this supplementary report is to delete a previously recommended condition which is not required. This application proposes to permit three new lots for three new detached dwellings and a retained lot for the existing George Gray heritage house.

Background Information
(September 12, 2019) Report from the Director, Community Planning, North York District on a Zoning By-law Amendment Application for 1299 Don Mills Road
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-137539.pdf
Source: Toronto City Clerk at www.toronto.ca/council