(Report dated May 22, 1998, addressed to East York Community Council, from the Commissioner of Development Services - East York.)

Subject:Community Festival Zoning By-law - East York

Purpose:

To provide the East York Community Council with a staff opinion and recommendations on a proposal to permit Community Festivals in certain portions of the industrial areas in the East York planning area on a permanent basis.

This report is for the East York Community Council=s meeting of June 24, 1998.

Source of Funds:

N.A.

Recommendation:

It is recommended that City Council pass amendments to Zoning By-laws 1916 and 6752 to permit Community Festivals in certain industrial areas of the East York planning area on a permanent basis.

Council Reference/Background/History:

Community Festivals are cultural or community events of a temporary nature, conducted by the municipality, or by a registered charitable or a not-for-profit group or organization.

In 1994, Council for the former Borough of East York passed Zoning by-laws 27-94 and 28-94 to permit Community Festivals in industrially zoned lands in the former Borough of East York for a period of one year. These Zoning By-laws were enacted as Atemporary use@ By-laws to allow the former Borough to determine if such uses were suitable as permanent permitted land uses.

On May 1, 1995, Council for the former Borough of East York passed Zoning By-laws 53-95 and 54-95 to permit Community Festivals as a temporary land use for a further 3 year period. These By-laws expired on May 1, 1998.

Discussion:

The recently expired Community Festival Zoning By-laws (Zoning By-laws 53-95 and 54-95) permit community festivals subject to the following conditions:

• they are restricted to certain portions of the former Borough=s industrial areas which do not directly abut residential areas (see Appendices A and B to this report which are maps showing the areas were community festivals were permitted.);

• they are restricted to a total of 12 days in any calendar year on any property; and,

• they must provide a minimum of 1 parking space for every 7.5 sq. m. of gross floor area used for community festival purposes.

Applicants wishing to hold Community Festivals within areas in the former Borough of East York are required to apply for a Community Festival Licence. The licencing procedure controls issues such as: the time; date; duration; the number of attendees; security; the medical, sanitary and lavatory services; garbage services and other matters. These licencing procedures are separate from and in addition to the land use matters addressed in the Zoning by-law.

The East York Community has now had 4 years of experience with Community Festivals. In staff=s opinion, this is an adequate time period to assess whether they should be permitted as a permanent land use in the Community.

During the past 4 years there have been some concerns expressed by members of the public regarding the parking and noise impacts of community festivals. The recently expired and proposed Zoning By-laws incorporate an adequate parking standard for the festivals. Due to the temporary nature of the festivals, if parking demand did exceed the supply of parking as set out in the by-law, this would not be a major inconvenience to the public and property owners in the area.

Noise issues are a valid concern. However noise issues can be controlled through the licencing process. Each Community Festival licence application is evaluated on its own merits and is brought before the Community Council for approval. Frequently the conditions of licence approval contain measures to reduce noise impacts such as restricting the hours of operation and/or prohibiting amplified music during certain time periods.

Conclusions:

The East York Community has permitted Community Festivals on a temporary basis over the past 4 years. No major issues related to the festivals, as a land use, have been reported. Therefore staff recommend that the Zoning By-laws for the East York Community be amended to permit Community Festivals on a permanent basis, subject to the following conditions:

• that they are restricted to certain portions of the former Borough=s industrial areas which do not directly abut residential areas (see Appendices A and B to this report);

• that they are restricted to a total of 12 days on a property in any calendar year; and,

• that they must provide a minimum of 1 parking space for every 7.5 sq. m. of gross floor area used for community festival purposes.

Contact Name:

David Oikawa,

Director of Planning (East York)

778-2049

466-9877 (fax)

doikawa@borough.eastyork.on.ca

(Copies of Appendices A and B, are on file in the office of the City Clerk.)