350 and 352 Sheppard Avenue East Official Plan Amendment, Rezoning and Site Plan Control Applications Final Report

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1 STAFF REPORT ACTION REQUIRED 350 and 352 Sheppard Avenue East Official Plan Amendment, Rezoning and Site Plan Control Applications Final Report Date: March 26, 2012 To: From: Wards: Reference Number: North York Community Council Director, Community Planning, North York District Ward 23 Willowdale NNY 23 OZ & NNY 23 SA SUMMARY The applicant proposes to amend the Official Plan and Zoning By-law to permit the redevelopment of the properties at 350 and 352 Sheppard Avenue East with a four storey commercial office building. This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law and to approve in principal the Site Plan Control application. RECOMMENDATIONS The City Planning Division recommends that: 1. City Council amend the Official Plan for the lands at 350 and 352 Sheppard Avenue East substantially in accordance with the Draft Staff report for action Final Report 350 and 352 Sheppard Avenue East 1

2 Official Plan Amendment attached as Attachment No City Council amend former City of North York Zoning By-law No for the lands at 350 and 352 Sheppard Avenue East substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No City Council authorize the City Solicitor to make such stylistic and technical changes to the Draft Official Plan and Zoning By-law Amendments as may be required. 4. City Council approve in principle the site plan as indicated on the drawing in Attachment No. 1, subject to the Draft Conditions of Site Plan Approval listed in Attachment No City Council delegate back to the Chief Planner and Executive Director, City Planning, or his designate the authority to issue final Site Plan Approval. Financial Impact The recommendations in this report have no financial impact. DECISION HISTORY The application was received on February 7, On April 21, 2011, North York Community Council considered the Preliminary Report on the proposed Official Plan and Zoning By-law Amendment application. The Preliminary Report is available at: ISSUE BACKGROUND Proposal The applicant is seeking permission to construct a four storey commercial office building with nine at-grade parking spaces at the rear accessed via a driveway to Wilfred Avenue. The proposed development is a consolidation of two existing lots and would have a total gross floor area of 1,016 m 2 and a Floor Space Index (FSI) of 1.9. A portion of the fourth floor is proposed to be used as an outdoor amenity area, and a partial green roof is also proposed for the development. Site and Surrounding Area The subject lands are located at the northwest corner of the intersection of Sheppard Avenue East and Wilfred Avenue, just west of Bayview Avenue. 350 Sheppard Avenue east currently contains a one-storey single detached residential dwelling and 352 Staff report for action Final Report 350 and 352 Sheppard Avenue East 2

3 Sheppard Avenue East contains a one-storey building presently used as a real estate office. Combined, the two lots have a total area of 535 m 2 with a total frontage of 16 metres on Sheppard Avenue East and a depth of 30 metres on Wilfred Avenue. Land uses surrounding the site are as follows: North: single detached residential dwellings; East: immediately across Wilfred Avenue is a private school and class-room portables associated with a place of worship (The People s Church) which is just further east; towards Bayview Avenue are located two to three storey commercial buildings and high-rise residential apartments; South: two storey residential townhouse complex; and West: a series of three storey commercial office buildings immediately adjacent, followed by a mix of commercial uses towards Longmore Street. Provincial Policy Statement and Provincial Plans The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS sets the policy foundation for regulating the development and use of land. The key objectives include: building strong communities; providing a range of land uses, wise use and management of resources; and protecting public health and safety. City Council s planning decisions are required to be consistent with the PPS. The Growth Plan for the Greater Golden Horseshoe provides a framework for managing growth in the Greater Golden Horseshoe including: directions for where and how to grow; the provision of infrastructure to support growth; and protecting natural systems and cultivating a culture of conservation. City Council s planning decisions are required by the Planning Act, to conform, or not conflict, with the Growth Plan for the Greater Golden Horseshoe. Official Plan The Official Plan designates the subject lands as Mixed Use Areas. Mixed Use Areas consist of a broad range of commercial, residential and institutional uses, in single use or mixed use buildings, as well as parks and open spaces. New buildings in Mixed Use Areas are to be located and massed to provide a transition between different development intensity and scales, particularly towards lower scale Neighbourhoods. Development in Mixed Use Areas is intended to frame streets and provide an attractive, comfortable and safe pedestrian environment to take advantage of nearby transit services. The lands are also located within the Sheppard Avenue Commercial Area Secondary Plan. The objective of the Sheppard Avenue Commercial Area Secondary Plan is to permit and encourage development which will create a commercial district accommodating primarily office and health care uses. The retention of existing houseform buildings or the development of new buildings which complement existing houseform buildings is also encouraged. Staff report for action Final Report 350 and 352 Sheppard Avenue East 3

4 The Sheppard Avenue Commercial Area Secondary Plan designates the site Mixed Use Area B which also permits live-work uses, residential dwellings in commercial buildings, residential uses and retail and service commercial uses. The Secondary Plan seeks to ensure compatibility with adjacent residential areas and contains density limits and development criteria that are met through appropriate zoning and site plan control requirements. The Secondary Plan provides for a maximum Floor Space Index (FSI) of 1.0 times the lot area for all permitted uses, subject to the following development criteria: building setbacks that protect for the future widening of Sheppard Avenue to a 36 metre right-of-way; the provision of sufficient on-site parking located behind the principal structure so as to not create demand for street parking in designated residential areas; to ensure structures in the Sheppard Avenue Commercial Area Mixed Use Area B are compatible with houses in adjacent residential areas and do not overshadow houses and their rear yards, a maximum building height of 3 storeys and 12 metres, as measured between established grade and the finished ceiling of the uppermost storey, notwithstanding that the height of any part of the building will not exceed the horizontal distance to the rear lot line; massing and an appearance that has regard for siting, roof lines, fenestration design, floor levels and materials to maintain the existing houseform character of buildings in the Sheppard Avenue Commercial Area; opaque fencing between uses in the Secondary Plan area and designated residential areas; a 1 metre landscape strip along the rear property line; and lighting and garbage areas which are appropriately located and screened to minimize impact on residential uses and which do not detract from the overall residential appearance of the area. Zoning The subject lands are zoned Mixed Use Commercial Area Zone (C7) in Zoning By-law No.7625 for the former City of North York. This zoning permits a variety of residential and commercial retail uses. The C7 zoning requires a minimum 18 metres front yard setback from the centre line of Sheppard Avenue, and a minimum 7.5 metre setback from the rear property line. A maximum building height of 12 metres and 3 storeys, whichever is the lesser, is permitted, providing that no part of a building can exceed a height equal to the horizontal distance between that part of the building and the rear lot line. The C7 zone also requires a minimum 1 metre landscape strip along the rear property line, and a 1.8 metre high opaque fence along the full length of the lot line that abuts any residential zone. Staff report for action Final Report 350 and 352 Sheppard Avenue East 4

5 Site Plan Control The applicant has submitted a Site Plan Control application (File # NNY 23 SA), which is also the subject of this report. Reasons for Application An amendment to the Secondary Plan is required as the proposed building has a height of 4 storeys and 14 metres, which exceeds the permitted Secondary Plan height limit of 3 storeys and 12 metres. The Secondary Plan also provides for a maximum FSI of 1.0 times the lot area for all permitted uses. The proposed development has a gross floor area of 1,016 m 2 and a Floor Space Index (FSI) of 1.9 times the lot area. The C7 zoning that applies to this site also limits building heights to 3 storeys and 12 metres, whereas the proposed development contemplates a height of 4 storeys and 14 metres. A 7.5 metre setback from the rear lot line is also required whereas 6 metres is proposed. In addition, the applicant is proposing 9 parking spaces whereas a minimum of 17 spaces are required. An amendment to the Zoning By-law is required to implement the necessary zoning standards to regulate the proposed development. Community Consultation A Community Consultation meeting was held on April 28, 2011, at the Mitchell Field Community Centre. The meeting was attended by City Planning staff, the property owner and the applicant and consultants. There were no members of the public in attendance. Agency Circulation The application was circulated to all appropriate agencies and City divisions. Responses received have been used to assist in evaluating the application and to formulate appropriate By-law standards and conditions of Draft Site Plan Approval. COMMENTS Provincial Policy Statement and Provincial Plans The Provincial Policy Statement (2005) (PPS) includes policies to manage and direct land use to achieve efficient development and land use patterns. Municipal planning decisions are required to be consistent with the PPS. The PPS requires that a range of land uses be provided and that intensification and redevelopment opportunities are identified and promoted. The PPS promotes intensification and redevelopment opportunities through a more compact building form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities. The proposal is consistent with the PPS. The proposal also conforms with and does not conflict with the Growth Plan for the Greater Golden Horseshoe. Staff report for action Final Report 350 and 352 Sheppard Avenue East 5

6 Land Use The Sheppard Avenue Commercial Area Secondary Plan encourages development that will lead to the formation of a commercial district accommodating primarily office and health care uses. The Plan also encourages the retention of existing houseform buildings, or new buildings which complement existing houseform buildings. Along this portion of Sheppard Avenue East, a maximum Floor Space Index (FSI) of 1.0 the lot area is permitted. The proposed professional office uses are compatible with the land use objectives of the Plan. The proposal also introduces grade related office and possible future retail uses. Given the design of the rear at-grade parking area and the resulting reduced area of the ground floor, any at grade commercial or future retail use would be limited in size and likely oriented towards serving the needs of the immediate office users and residential community. The proposal represents a consolidation of two lots and presents an opportunity for comprehensive development that will complete this block of Sheppard Avenue East. As discussed below, the proposed density of 1.9 FSI (which includes the proposed basement gross floor area) will not have an adverse effect on the residential uses to the north. Density, Height and Massing As proposed, the professional office building would have a height of 4 storeys or 14 metres. The building has been located close to the front property line, and designed to incorporate a number of design elements which introduce changes in façade, colour and window treatments to the streetscape. Together with vertical and horizontal elements, the design would represent a vibrant and interesting addition to the building edge along Sheppard Avenue. The building would be located 6 metres from the rear property line to the first and second floors. The third and fourth floors are stepped-back from the rear lot line by 8.9 metres and 14 metres respectively. The third and fourth floors are designed with a unique angular window design that meets the requirements of the 45 degree angular plane (see Building Section, Attachment No. 5). To further minimize impact on the adjacent residential neighbourhood, the fourth floor outdoor amenity space has been located at the front of the proposed building. The building has also been designed with nine proposed at-grade parking spaces located at the rear, with five of the proposed spaces located underneath the building. This results in an at-grade building plate that is less than half the size of the total depth of the building, and which would be open to the rear. As seen from the north, the building would have an opening on the ground floor, and be stepped back at the third and fourth floors, providing visual relief to the massing of the building. The applicant has also proposed a 1 metre wide landscape strip and a 1.8 metre high privacy fence along the north property line. This landscape strip and fencing will mitigate Staff report for action Final Report 350 and 352 Sheppard Avenue East 6

7 views of the proposed building and minimize privacy impacts on the existing residential buildings and their rear yards to the north. As the proposed development s design, scale and setbacks meet the City s built form policies, the additional density will not have an adverse impact on the character of Sheppard Avenue or the adjacent residential neighbourhood to the north. Streetscape The design of the proposal would result in an attractively landscaped pedestrian oriented street-edge along both Sheppard and Wilfred Avenue. The applicant also proposes a green-wall feature along Wilfred Avenue that would screen the open parking area underneath the building at the rear. The minimal building setback from the new front property line also creates a defined street wall that delineates the street. The proposed office and potential retail uses on the ground floor would animate the street and with the large amount of glazing and views provided from inside the building would offer a safe and comfortable pedestrian experience. An existing street tree would be augmented by additional landscape shrubbery along the building and street edge. In keeping with the overall objectives of the Secondary Plan, this development creates an attractive and safe pedestrian experience that will encourage walking and local retailing along this portion of Sheppard Avenue. Road Widening Transportation Services staff have determined that a 2.76 metre road widening dedication along the Sheppard Avenue frontage of the subject lands is required. This will be secured as a condition of Site Plan approval. Traffic Impact, Access and Parking The proposed development would have vehicular access via a driveway from Wilfred Avenue on the east side of the subject lands, providing access to nine at-grade parking spaces, including one handicapped space, at the rear of the building. Four parking spaces would be located along the north property line while the remainder would be located atgrade, underneath the building. A Loading Study was also submitted proposing that given the configuration of the site and the proposed limited commercial uses, a loading area would not be required. City Transportation Services staff concur with the finding of the study and are satisfied with the proposed parking supply and layout. Staff report for action Final Report 350 and 352 Sheppard Avenue East 7

8 Given the layout of the at-grade parking and the proposed 1 metre wide landscape strip and privacy fencing noted above, impact on the adjacent residential properties to the north is minimized. Servicing, Grading and Stormwater Management The proposed development complies with the Best Management Practices for Stormwater Management and the City of Toronto s Wet Weather Flow Management Guidelines, which requires grades that allow overland water flow. As per City practise, the proposed development will be required to arrange private contractor collection of recyclables and refuse. Open Space/Parkland The Official Plan contains policies to ensure that Toronto s system of parks and open spaces are maintained, enhanced and expanded. Map 8B of the Toronto Official Plan shows local parkland provisions across the City. The subject lands are in an area with hectares of local parkland per 1,000 people. The site is in the lowest quintile of current provision of parkland. The site is in a parkland priority area, as per Alternative Parkland Dedication By-law The proposal to construct a 4-storey commercial office building on a site having an area of 0.5ha (533m 2 ) will be subject to a 2% parkland dedication requirement to fulfil Section 42 of the Planning Act. City Parks, Forestry and Recreation staff advise that the applicant proposes to satisfy the parkland dedication requirement through a cash-in-lieu payment. This is appropriate as the parkland conveyance would be too small to create a park. The actual amount of cashin-lieu to be paid will be determined by the Facilities and Real Estate Division at the time of issuance of the building permit. Toronto Green Standard The applicant has been encouraged to consider sustainable development opportunities by utilizing the Toronto Green Standard, approved by City Council in December, The proposal incorporates a passive green roof and other sustainable design measures, such as natural ventilation, a green wall, low maintenance landscaping and permeable paving. The applicant has indicated they wish to create a modern, green and sustainable building eligible for recognition under the Leadership in Energy and Environmental Design (LEED) rating system. Staff report for action Final Report 350 and 352 Sheppard Avenue East 8

9 Development Charges It is estimated that the development charges for this project will be $17, This is an estimate. The actual charge is assessed and collected upon issuance of the building permit. CONTACT Ben DiRaimo, Planner Tel. No. (416) Fax No. (416) SIGNATURE Allen Appleby, Director Community Planning, North York District ATTACHMENTS Attachment 1: Site Plan Attachment 2: Landscape Plan Attachment 3: South and North Elevation Attachment 4: West and East Elevations Attachment 5: Cross Section Attachment 6: Official Plan Attachment 7: Zoning Attachment 8: Application Data Sheet Attachment 9: Draft Official Plan Amendment Attachment 10: Draft Zoning By-law Amendment Attachment 11: Draft Conditions of Site Plan Approval Staff report for action Final Report 350 and 352 Sheppard Avenue East 9

10 Attachment 1: Site Plan Staff report for action Final Report 350 and 352 Sheppard Avenue East 10

11 Attachment 2: Landscape Plan Staff report for action Final Report 350 and 352 Sheppard Avenue East 11

12 Attachment 3: South and North Elevation Staff report for action Final Report 350 and 352 Sheppard Avenue East 12

13 Attachment 4: West and East Elevations Staff report for action Final Report 350 and 352 Sheppard Avenue East 13

14 Attachment 5: Section Staff report for action Final Report 350 and 352 Sheppard Avenue East 14

15 Attachment 6: Official Plan Staff report for action Final Report 350 and 352 Sheppard Avenue East 15

16 Attachment 7: Zoning Staff report for action Final Report 350 and 352 Sheppard Avenue East 16

17 Attachment 8: Application Data Sheet Application Type Official Plan Amendment & Application Number: NNY 23 OZ Rezoning Details OPA & Rezoning, Standard Application Date: February 7, 2011 Municipal Address: Location Description: Project Description: 350 SHEPPARD AVE E PLAN M372 PT LOTS 40 & 41 **GRID N2304 Proposed 4-storey commercial office building (with green roof) at 350 & 352 Sheppard Avenue East. Concurrent OPA/Rezoning & Site Plan Control applications ( NNY 23 SA). Applicant: Agent: Architect: Owner: LARKIN & ASSOCIATES PLANNING CONSULTANTS INC. PLANNING CONTROLS Official Plan Designation: Mixed Use Areas Site Specific Provision: Zoning: C7 Historical Status: Height Limit (m): 12m Site Plan Control Area: Y PROJECT INFORMATION Site Area (sq. m): 535 Height: Storeys: 4 Frontage (m): Metres: 14.3 Depth (m): ONTARIO LIMITED Total Ground Floor Area (sq. m): 136 Total Total Residential GFA (sq. m): 0 Parking Spaces: 9 Total Non-Residential GFA (sq. m): 1016 Loading Docks 0 Total GFA (sq. m): 1016 Lot Coverage Ratio (%): 71 Floor Space Index: 1.9 DWELLING UNITS FLOOR AREA BREAKDOWN (upon project completion) Tenure Type: Above Grade Below Grade Rooms: 0 Residential GFA (sq. m): 0 0 Bachelor: 0 Retail GFA (sq. m): Bedroom: 0 Office GFA (sq. m): Bedroom: 0 Industrial GFA (sq. m): Bedroom: 0 Institutional/Other GFA (sq. m): 0 0 Total Units: 0 CONTACT: PLANNER NAME: Ben DiRaimo, Planner TELEPHONE: (416) Staff report for action Final Report 350 and 352 Sheppard Avenue East 17

18 Attachment 9: Draft Official Plan Amendment Bill No. ~ CITY OF TORONTO BY-LAW No. ~-2012 To adopt an amendment to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2011, as 350 and 352 Sheppard Avenue East WHEREAS authority is given to Council under the Planning Act, R.S.O. 1990, c.p. 13, as amended, to pass this By-law; WHEREAS Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; The Council of the City of Toronto HEREBY ENACTS as follows: 1. The attached Amendment No. 150 to the Official Plan is hereby adopted pursuant to the Planning Act, as amended. ENACTED AND PASSED this ~ day of ~, A.D ROB FORD, Mayor ULLI S. WATKISS, City Clerk (Corporate Seal) Staff report for action Final Report 350 and 352 Sheppard Avenue East 18

19 City of Toronto By-law No. ~~-2012 AMENDMENT NO. 150 TO THE OFFICIAL PLAN LANDS MUNICIPALLY KNOWN IN THE YEAR 2011 AS 350 and 352 Sheppard Avenue East The Official Plan of the City of Toronto is amended as follows: 1. Chapter 6, Section 29, Sheppard Avenue Commercial Area Secondary Plan is amended by adding the following subsection to Section 4.0, Site and Area Specific Policies: 4.7 For the lands shown as 7 on Map 29-2: Despite Sections 2.2 and 3.2.1, a maximum Floor Space Index (FSI) of 1.9 and a maximum building height of 14.3 metres is permitted for a 4 storey commercial office building, set back a minimum of 6 metres from the most northerly property line and the height of no part of the building or structure will exceed a height equal to the horizontal distance between that part of the building and the rear property line. The policies of Section do not apply. 2. Map 29-2, Sheppard Avenue Commercial Area Secondary Plan, is amended to show the lands known municipally in 2011 as 350 and 352 Sheppard Avenue East as Site and Area Specific Policy Area Number 7, as shown on the attached Schedule A. Staff report for action Final Report 350 and 352 Sheppard Avenue East 19

20 Staff report for action Final Report 350 and 352 Sheppard Avenue East 20

21 Attachment 10: Draft Zoning By-law Amendment Bill No. ~ CITY OF TORONTO BY-LAW No. ~-2012 To amend Zoning By-law No for the former City of North York, as amended, With respect to the lands municipally known as 350 and 352 Sheppard Avenue East WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.p. 13, as amended, to pass this By-law; and WHEREAS Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; The Council of the City of Toronto HEREBY ENACTS as follows: 1. Schedules B and C of By-law No of the former City of North York, as amended, are amended in accordance with Schedule 1 of this By-law. 2. Within the lands shown on Schedule 1 attached to this By-law, no person shall use any land or erect or use any building or structure unless the following municipal services are provided to the lot line and the following provisions are complied with: (a) (b) all new public roads have been constructed to a minimum of base curb and base asphalt and are connected to an existing public highway; and all water mains and sanitary sewers, and appropriate appurtenances, have been installed and are operational. 3. Schedule of By-law 7625, as amended, is amended by adding the following subsection: (2) C7 (2) PERMITTED USES (a) The only permitted uses shall be artist studios; business and professional offices; commercial gallery; custom workshop; financial institution; laundry collecting establishment; personal service shop; and retail store. Staff report for action Final Report 350 and 352 Sheppard Avenue East 21

22 DEFINITIONS ESTABLISHED GRADE (b) For the purposes of this exception, established grade shall mean the geodectic elevation of metres. GROSS SITE (c) For the purposes of this exception, gross site shall mean the lands identified by Parts 1, 2, 3, 4 and 5 on Plan 66R-25564, comprising an area of 535 m 2. NET SITE (d) For the purposes of this exception, net site shall mean the lands identified by Parts 1 and 2 on Plan 66R-25564, comprising an area of m 2 and consisting of the gross site minus lands 49.7 m 2 in area conveyed to the City for road widening purposes. EXCEPTION REGULATIONS GROSS FLOOR AREA (e) The maximum gross floor area permitted on the net site shall not exceed 1,020 m 2. BUILDING ENVELOPES (f) No portion of any building or structure erected and used above established grade shall be located otherwise than wholly within the building envelope identified on Schedule C7(2) except for the projections permitted in Section 6(9) and limitations set out in that Section. BUILDING HEIGHT (g) (h) The building height, measured from established grade, shall not exceed the maximum height in metres shown on Schedule C7(2) excluding mechanical penthouses, stairwells to access the green roof, skylights, parapets and other architectural features, to a maximum height of 2.4 metres. Notwithstanding Clause (g), the height of no part of a building or structure shall exceed a height equal to the horizontal distance between that part of the building and the rear lot line. Staff report for action Final Report 350 and 352 Sheppard Avenue East 22

23 NUMBER OF STOREYS (i) The number of storeys shall not exceed the maximum shown on Schedule C7 (2) excluding mechanical penthouses and stairwells to access the green roof. MOTOR VECHICLE PARKING (j) A minimum of 9 parking spaces shall be provided on the net site, which shall include one handicapped parking space. LOADING (k) A loading space will not be required. LOT COVERAGE (l) The maximum permitted building coverage is 71 per cent of the net site. YARD SETBACKS (m) The minimum yard setbacks shall be as shown on Schedule C7 (2). LANDSCAPING (n) A minimum 1 metre wide landscape strip and an opaque acoustic fence with a minimum height of 1.8 metres shall be provided along the entire length of the rear property line. 4. Schedule of By-law No. 7625, as amended, is amended by adding Schedule C7 (2) attached to this By-law. ENACTED AND PASSED this ~ day of ~, A.D ROB FORD, Mayor ULLI S. WATKISS, City Clerk (Corporate Seal) Staff report for action Final Report 350 and 352 Sheppard Avenue East 23

24 Staff report for action Final Report 350 and 352 Sheppard Avenue East 24

25 Staff report for action Final Report 350 and 352 Sheppard Avenue East 25

26 Attachment 11: Draft Conditions of Site Plan Approval 1. Site Plan (A100), prepared by mc architects, plot date and stamped received March 20, 2012 City of Toronto Planning North York Civic Centre; 2. Floor Plans (A200), prepared by mc architects, plot date and stamped received March 20, 2012 City of Toronto Planning North York Civic Centre; 3. Floor Plans (A201), prepared by mc architects, plot date and stamped received March 20, 2012 City of Toronto Planning North York Civic Centre; 4. Elevations (A301), prepared by mc architects, plot date and stamped received March 20, 2012 City of Toronto Planning North York Civic Centre; 5. Landscape Plan (L-1), prepared by terraplan landscaper architects, revised Dec/01/11 and stamped received December 5, 2011 City of Toronto Planning North York Civic Centre. A. PRE-APPROVAL CONDITIONS LEGAL SERVICES Stephanie Morrow, Supervisor of Law Clerks, Phone #416- Enter into the City s standard site plan agreement to and including registration of the site plan agreement on title to the subject lands by the City at the Owner s expense. TECHNICAL SERVICES Saleem Khan, Engineer, Phone # Prepare all documents and convey to the City, at nominal cost, 2.76m widening along the Sheppard Avenue East frontages of the property to satisfy the requirement of a 36m wide right-of-way and a 6.1 meter radius corner rounding at the corner of Sheppard Avenue East and Wilfred Avenue in fee simple, such lands to be free and clear of all physical and title encumbrances, and subject to a right-of-way for access in favour of the Grantor until such time as said lands have been dedicated as a public highway, all to the satisfaction of the Executive Director of Technical Services and the City Solicitor; 2. Submit a draft Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, showing the lands to be conveyed to the City, to the Executive Director, Technical Services, for review and approval, prior to depositing in the Land Registry Office; 3. Pay all costs for preparation and registration of Reference Plan(s); 4. Make satisfactory arrangements with Technical Services for Work on the City's Right of Way to provide access to and from the land, removal and reconstruction of a 1.7 metre wide sidewalk and provide financial security in the amount of $ (received). Submit engineering and inspection fee in the amount of $ (received) and insurance as required. Staff report for action Final Report 350 and 352 Sheppard Avenue East 26

27 CITY PLANNING Ben DiRaimo, Planner, Phone # Prior to final Site Plan Approval, the Owner shall submit revised Site, Landscape and Elevation Plans, as well as a proposed cladding materials list for the proposed development, for review and approval by the Director, Community Planning, North York District. 2. The Owner shall submit a letter of credit or certified cheque in the amount of $48, which represents 75% of the value for the on-site landscaping, including but not limited to any plantings, fencing, decorative paving, retaining walls, terraces, lighting and/or other landscape features as detailed on the approved landscape plan. TORONTO TRANSIT COMMISSION Mary-Ann George, Senior Transportation Planner, Phone # Prior to staring any demolition or construction, or the issuance of the first or any building permit, the owner shall complete a Toronto Transit Commission ( TTC ) level 1B Technical review of the proposed development as applicable to the particular permit under application, and obtain the TTC s written acknowledgment that the owner has satisfied all of the conditions arising out of the review. As part of the review process, the owner shall provide the requisite information, and pay the associated review fee to the TTC. Notes to Applicant on TTC Technical Review: Because the subject site is located in proximity to the Sheppard subway, this development will require more detailed review by the TTC to determine its potential impact if any, on TTC structures, operations, or facilities. The applicant is advised that regardless of the development s classification, a dispersion analysis may be required as part of the review submission package in order to assess the impact, if any, of the TTC s fire ventilation measures on the proposed development. As conditions of the Technical Review, the applicant may be required to perform surveys to determine the exact location of the subway facilities in relation to their development and enter into construction agreements for the construction and operation of the project. In order to allow us to perform the Technical Review without undue delay to the development, the applicant should contact us as early in the design process as possible. The contact person for this technical review is Michael Stevenson, Development Officer of the TTC Property Development, who can be reached at B. POST APPROVAL CONDITIONS In addition to the above pre-approval conditions, the following post approval conditions are to be fulfilled by the Owner following site plan approval and will be incorporated into a site plan agreement: Staff report for action Final Report 350 and 352 Sheppard Avenue East 27

28 TECHNICAL SERVICES 1. Provide and maintain off-street vehicular loading and parking facilities and access driveways in accordance with the approved plans and drawings, to the satisfaction of the Executive Director, Technical Services. 2. The Owner shall maintain the sod covered portion including any walkways within the City's Right of Way fronting and/or flanking the site in accordance with the approved plans and drawings to the satisfaction of the City. 3. The owner must install and maintain appropriate signage and pavement markings on-site directing such as but not limited to: vehicle stopping and circulation, designated disabled parking, loading, and pedestrian walkways, to the satisfaction of the Executive Director, Technical Services. 4. Construct and maintain stormwater management measures/facilities and site grading as recommended in the accepted Functional Servicing and Stormwater Management Report, prepared by R.J. Burnside & Associates Limited dated September 2011, and Grading Plan, Drawing No. GR1, prepared by, R.J. Burnside & Associates Limited, Revision no. 4 dated Nov 25, Construct and maintain site servicing as indicated on the accepted Site Servicing Drawing No. GS1 prepared by R.J. Burnside & Associates Limited, Revision no. 4, dated Nov 25, Provide certification to the Executive Director, Technical Services from the Professional Engineer who designed and supervised the construction confirming that the stormwater management facilities and site grading have been constructed in accordance with the accepted Stormwater Management Report and the accepted Grading Plans; 7. Provide certification to the Executive Director, Technical Services from the Professional Engineer who designed and supervised the construction, confirming that the site servicing facilities have been constructed in accordance with the accepted drawings; 8. Owner acknowledges that refuse and recyclable materials generated by this development will be collected by a private refuse collection firm, at the Owner's expense. CITY PLANNING Provide and maintain the landscaping for the lands in accordance with the approved landscape plan to the satisfaction of the Director of Community Planning, North York District. Staff report for action Final Report 350 and 352 Sheppard Avenue East 28

29 ENERGY EFFICIENCY OFFICE David Hall, Project Manager, Construct and maintain the development in accordance with the accepted Energy Report dated 09/02/2012 and prepared by Allan Stone to ensure that the energy savings identified continue to be achieved, to the satisfaction of the Executive Director, facilities Management Division. TORONTO TRANSIT COMMISSION 1. By way of the City of Toronto Site Plan Agreement, the owner acknowledges and agrees that: a) the proximity of the proposed development of the lands municipally known as 350 & 352 Sheppard Avenue East (the Development ), to the TTC subway right-of-way may result in noise, vibration, electromagnetic interference, stray current, smoke and particulate matter transmissions (collectively referred to as interferences to the development; b) the City of Toronto and the Toronto Transit Commission (the Commission ) will not accept responsibility for such effects on any of the Development and/or its occupants; c) it has been advised by the Commission to apply reasonable attenuation/mitigation measures with respect to the level of the Interferences on and in the development; and d) a TTC Interferences Warning clause, as provided below and satisfactory to the TTC has been, or shall be inserted into all rental agreement(s) for each unit. The Purchaser and/or Lessee specifically acknowledges and agrees that the proximity of the development of the lands municipally known as 350 & 352 Sheppard Avenue East (the development ) to TTC transit operations may result in the transmission of noise, vibration, electromagnetic interference, stray current, smoke and particulate matter 9collectively referred to as Interferences ) to the development and despite the inclusion of control features within the development, Interferences from transit operations may continue to be of concern, occasionally interfering with some activities of the occupants in the Development. Notwithstanding the above, the Purchaser and/or Lessee agrees to release and save harmless the City of Toronto and the Toronto Transit Commission from all claims, losses, judgments or actions arising or resulting from any and all Interferences. Furthermore the Purchaser and/or Lessee acknowledges and agrees that an electromagnetic, stray current and noise-warning clause similar to the one contained herein shall be inserted into any succeeding lease, sublease or sales agreement, and that this agreement shall be binding not only on the parties hereto but also their respective successors and assigns and shall not die with the closing of the transaction. Staff report for action Final Report 350 and 352 Sheppard Avenue East 29

30 e) it shall provide its solicitor s confirmation to the Toronto Transit Commission advising that the Interference Warning clause requested above, has been included in the applicable Offer(s) of Purchase and Sale, the Condominium Declaration, and/or rental Agreement(s) to ensure that future occupants are aware of the possible Interferences. f) all fresh air intakes and/or central ventilation HVAC systems will be equipped with motorized damper(s) connected to smoke detectors located in the fresh air intake(s) such that if smoke is detected, the motorized damper(s) will automatically close, the unit(s) will shut down, and an alarm will be sent to the building fire alarm system. SITE PLAN ADVISORY COMMENTS The Owner is advised that the Green Roof By-law (By-law No ) (Chapter 492 of the City of Toronto Municipal Code) including Article IV the Toronto Green Roof Construction Standard, may be applicable to the proposed development. For further information, please contact Toronto Building at The owner will be required to obtain approval from the Transportation Services Division for any work within the public right-of-way. For further information, please contact the Right-of-Way Management Section, North York District at In order to obtain approval for work in the City's right-of-way the Owner will be required to provide up to date stake out information for most construction related work. For further information, please contact Ontario One Call at to arrange for an appointment. 3. The applicant is required to obtain building location and access permits prior to constructing this project. Other permits associated with construction activities (such as hoarding, piling/shoring, etc.) may also be required. The applicant is responsible to contact Right-of-Way Management at , for further information in this regard. 4. The owner will be required to make an application to Toronto Water Division for the installation of any proposed services within the right-of-way after acceptance of the stormwater management report and site servicing plan. For further information, please contact District Operations, Toronto Water at 311 or CITY (2489). 5. The Owner will be required to make an application to Technical Services Division, Mapping and Survey Section for any requests for new or revised municipal addresses. For further information please contact Mapping and Survey, Technical Services at Staff report for action Final Report 350 and 352 Sheppard Avenue East 30