Hearing - Closing of the Portion of Eastern Avenue -
Linking Queen Street East and the Eastern Avenue/Kingston Road
Extension and the Public Lane - 1641 Queen Street East
(East Toronto)
(City Council on March 2, 3 and 4, 1999, deferred this Clause to the next regular meeting of
City Council to be held on April 13, 1999.
Council also adopted the following recommendation:
"It is recommended that the Minister of the Environment be encouraged to deny the request
for a bump-up, on the grounds that such request is frivolous.")
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(Clause No. 1 of Report No. 3 of the Toronto Community Council)
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(City Council on February 2, 3 and 4, 1999, deferred consideration of this Clause, to the next
regular meeting of City Council to be held on March 2, 3 and 4, 1999).
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(Clause No. 1 of Report No. 1 of the Toronto Community Council)
(City Council on November 25, 26 and 27, 1998, deferred consideration of this Clause, to the
first meeting of City Council to be held in January, 1999, in order to provide sufficient time
for the Minister of the Environment to issue his decision on the "bump-up" request by the
owner of Premises No. 1641 Queen Street East.
Council also adopted the following motion:
Moved by Councillor Jakobek:
"Recognizing that the elimination of the jogged intersection of Eastern Avenue and Kingston
Road at Queen Street East by means of extending Eastern Avenue easterly has resulted in
safer and more efficient traffic operations; and
That the planning of this project was ongoing over a three-year period through the land
exchange, Rezoning and Plan of Subdivision processes, with public notice provided
throughout; and
That the proposed closing of the redundant section of Eastern Avenue is the final stage in the
implementation of this longstanding initiative and the closing in itself does not affect traffic
patterns, and may arguably improve the urban environment and pedestrian conditions; and
That, with the construction of the proposed motion picture cinema on the property fronting
Queen Street East on the east side of the road section to be closed, the business at Premises
No. 1641 Queen Street East (Harvey's restaurant) will be exposed to a substantial increase in
people in the area; and
That the owner and lessee of Premises No. 1641 Queen Street East did not respond to notice
of the proposed road closure sent to them in early July, 1998, pursuant to the screening
procedures established under Schedule B of the Class Environmental Assessment for
Municipal Road Projects until November, 1998; and
That the property also has direct driveway access from Queen Street East that is not affected
by the proposed closure and the City has offered to maintain vehicular access to the current
side driveway of the site by means of granting a right-of-way over a portion of the closed road
allowance from Queen Street East;
Therefore be it resolved that Toronto City Council:
(1)respectfully advise the Minister of the Environment that it feels the request for 'bump-up'
of this Schedule B undertaking as set out in the letter of November 17, 1998, from Mr.
Stephen F. Waque, Borden & Elliot, Barristers and Solicitors, is without basis, and further
that Council strongly objects to the attempts to secure compensation for the proposed road
closure;
(2)respectfully request the Minister to rule on this matter as expeditiously as possible; and
(3)direct the appropriate City staff to forward to the Minister the necessary background
materials to refute the matters raised in the above-noted November17, 1998 letter.")
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(Clause No. 17 of Report No. 14 of the Toronto Community Council)
The Toronto Community Council recommends that:
(1)a by-law in the form of the draft by-law be enacted, and that the necessary Bills be
introduced in Council to give effect thereto; and
(2)the Commissioner of Works and Emergency Services maintain access to the
driveway at 1631 Queen Street East and side access to 1641 Queen Street East by way of
Queen Street East.
The Toronto Community Council reports, for the information of Council, that pursuant to
Clause 43, Contained in Report No. 10 of The Toronto Community Council headed "Proposed
Closing of the Portion of Eastern Avenue Linking Queen Street East and the Eastern
Avenue/Kingston Road Extension and Public Lane - 1641 Queen Street East (East Toronto)",
which was adopted without amendment by City Council at its Regular Meeting held on July
29, 30 and 31, 1998, notice with respect to the proposed enactment of the draft by-law was
advertised in a daily newspaper on October 23, October 28, November 4 and November 11,
1998, and the following persons appeared before the Toronto Community Council in
connection with the foregoing matter:
-Mr. J. Pitman Patterson, Borden & Elliot obo Campos Holdings Ltd.; and
-Mr. John Pitcher, Solicitor.
The Toronto Community Council submits the following draft by-law:
Authority:Toronto Community Council
Report No. ( ), as adopted
November 25, 1998.
CITY OF TORONTO
Bill No.
BY-LAW No. -1998
To stop up and close parts of the public highways Queen Street East and Eastern
Avenue and the public lane south of Queen Street East extending westerly from Eastern
Avenue
WHEREAS by Clause of Toronto Community Council Report No. , adopted by Council at its
meeting held on November 25, 1998, it is recommended that parts of the public highways
Queen Street East and Eastern Avenue and the public lane south of Queen Street East
extending westerly from Eastern Avenue be stopped up and closed as public highways;
AND WHEREAS notice of Council's intention to stop up and close the said parts of Queen
Street East and Eastern Avenue and the said public lane was advertised in a daily newspaper
on .
The Council of the City of Toronto HEREBY ENACTS as follows:
1.Parts of the public highways Queen Street East and Eastern Avenue and the public lane
south of Queen Street East extending westerly from Eastern Avenue, described by W.
Kowalenko, Esq., O.L.S., City Surveyor, as follows:
In the City of Toronto and Province of Ontario, being composed of parts of the Public
Highways Queen Street East and Eastern Avenue opened and extended by City of Toronto
By-law 1127 (unregistered) and dedicated by City of Toronto By-law 5347 (21327T) and
By-law 16981 (23303ES), part of the said Eastern Avenue being the remainder of Instrument
20896T, being part of Block W on Plan 326-E and parts of Lots 7 and 8, in the Broken Front
Concession, in the Geographic Township of York, and part of the Public Lane on Plan 652-E,
designated as PARTS 1, 2, 5, 6, 7, 8 and 12 on Plan 64R-16041 all of the said Plans being in
the Land Registry Office for the Metropolitan Toronto Registry Division (No. 64)
are hereby stopped up and closed as public highways.
ENACTED AND PASSED this day of , A.D. 1998.
MEL LASTMAN,NOVINA WONG,
MayorCity Clerk
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The Toronto Community Council also submits Clause 43 of Report No. 10 of the
Toronto Community Council, headed "Proposed Closing of the Portion of Eastern
Avenue Linking Queen Street East and the Eastern Avenue/Kingston Road Extension
and Public Lane - 1641 Queen Street (East Toronto)":
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(City Council on July 29, 30 and 31, 1998, adopted this Clause, without amendment.)
The Toronto Community Council recommends the adoption of the following report
(July8,1998) from the Director, Infrastructure and Transportation, City Works
Services:
Purpose:
To obtain authority for the stopping-up and closing of the portion of Eastern Avenue linking
Queen Street East and the Eastern Avenue/Kingston Road extension, and the public lane at the
rear of Premises No. 1641 Queen Street East, as public highway, in conjunction with the
opening of the new portion of Eastern Avenue which will connect directly to Kingston Road
at Queen Street East.
Funding Sources, Financial Implications and Impact Statement:
Funds in connection with the statutory processing of the proposal are accommodated in
Capital Fund Account No. 296802.
Recommendations:
(1)That the portion of Eastern Avenue and the public lane shown hatched on the attached
Plan SYE2891, be stopped-up and closed as public highway and placed under the jurisdiction
of the Commissioner of Corporate Services;
(2)That easements be reserved as necessary for the Utility Companies, over the entire
portion of Eastern Avenue and the public lane to be closed, for access, operation, use,
inspection, repair, maintenance, reconstruction or alteration of the existing utilities and for the
construction of additional or new services;
(3)That the City-owned strip of land, shown cross-hatched on the attached Plan SYE2891,
be laid out, dedicated and declared to form part of Eastern Avenue; and
(4)That the appropriate City Officials be authorized and directed to take the necessary action
to give effect to the foregoing, including the introduction in Council of any Bills that might be
required.
Background:
As part of the development of the Woodbine Park subdivision (former Greenwood Racetrack
site), a key transportation component was the acquisition by the City of the necessary lands to
extend Eastern Avenue from its present terminus at Queen Street East in order to eliminate the
current jog configuration and form a normalized intersection with Kingston Road. The former
Toronto City Council, at its meeting of September 22 and 23, 1997, authorized the
construction of the Eastern Avenue/Kingston Road extension and the necessary alterations to
Kingston Road and Queen Street East to accommodate the new intersection (Clause 17 in City
Services Committee Report No. 11).
The extension of Eastern Avenue to the Queen Street East/Kingston Road intersection is
under construction with completion scheduled for the late summer/early fall of this year. At
the time the new route is opened, the existing link to Queen Street East as shown
schematically on the attached Plan SYE2891, will become largely redundant and can be
closed to eliminate the jog condition. A dead-end lane midway between Queen Street East and
Eastern Avenue with access only to this section of Eastern Avenue should also be closed.
Comments:
Works staff have received a request from Councillor Tom Jakobek to initiate the formal
process to stop-up and close the portion of Eastern Avenue linking Queen Street East and the
Eastern Avenue/Kingston Road extension, and conclude that the proposal is feasible. This
existing portion of Eastern Avenue and the public lane, shown on the attached Plan SYE2891,
although closed as public highway, should remain under City ownership at this time.
The entire portion of Eastern Avenue and the public lane to be closed, will be subject to
easements in favour of various Utility companies. Due to time constraints associated with
meeting the deadline for the City Council meeting of July 29, 1998, it has not been possible to
establish specific utility requirements, however, the usual Departmental circulation will be
carried out and the necessary information obtained over the next few weeks.
I note that two properties take access from this portion of Eastern Avenue and more
particularly, the public lane also proposed to be closed, which on the ground is not well
defined and appears to be a portion of the paved parking area. The owners/operators of the
properties, which comprise a Harvey's Restaurant and a City Community and Neighbourhood
Services Department site will be advised. Although both properties currently have alternate
access, these discussions may identify other access adjustments or requirements that can be
reported if necessary to the meeting of Toronto Community Council when deputations are
heard.
Notice of the proposed street closing will be given pursuant to the screening process set out in
Schedule "B" of the Class Environmental Assessment for Municipal Road Projects under the
Environmental Assessment Act.
On a related matter, the new Eastern Avenue/Kingston Road extension was laid out and
dedicated by Registered Plan 66M-2311. However, a City-owned strip of land, shown
cross-hatched on the attached Plan SYE2891, must also be laid out and dedicated to form part
of the Eastern Avenue/Kingston Road alignment.
Contact Name and Telephone Number:
Laurie Robertson, Project Technician - Street and Lane Closings (392-7711)
Insert Table/Map No. 1
Eastern Avenue/Kingston Road
(City Council on November 25, 26 and 27, 1998, had before it, during consideration of the
foregoing Clause, the following report (November 24, 1998) from the Commissioner of Works
and Emergency Services:
Purpose:
To report on a request for a "bump-up" to the Minister of the Environment respecting the
proposal to stop-up and close, as public highway, the redundant section of Eastern Avenue,
from the new Eastern Avenue extension to Queen Street East.
Funding Sources, Financial Implications and Impact Statement:
There are no financial implications related to the deferral of the closings.
Recommendation:
It is recommended that consideration of the by-law and the introduction of the Bills to give
effect to the closing, as public highways, of the redundant portion of Eastern Avenue linking
Queen Street East and the Eastern Avenue/Kingston Road extension, and the public lane at
the rear of Premises No. 1641 Queen Street East, be deferred until such time as the Minister
of Environment and Energy has issued his decision on the "bump-up" request by the owner of
Premises No. 1641 Queen Street East.
Background:
The Toronto Community Council at its meeting of November 12, 1998, in considering the
draft by-laws for the closing of the portion of Eastern Avenue linking Queen Street East and
the Eastern Avenue/Kingston Road Extension, recommended, among other things, that a
by-law be enacted and that the necessary Bills be introduced in Council to give effect thereto.
This matter is scheduled to be considered by City Council at its meeting of November 25,
1998 (Clause No. 17 of Report No.14 of The Toronto Community Council).
Comments:
The closing of the subject portion of Eastern Avenue is the final step in the process of
eliminating the jogged intersection of Eastern Avenue and Kingston Road at Queen Street
East. With the recent opening of the new extension, the subject portion of Eastern Avenue has
become largely redundant, in terms of its traffic carrying function, and its closing has been
proceeding in accordance with Schedule "B" of the Class Environmental Assessment for
Municipal Road Projects under the Environmental Assessment Act. This included notification
in July of this year of the proposed closing to the abutting property owners and tenants.
This Department did not receive any response to the notifications issued in July from any of
the affected parties. Nevertheless, at the Toronto Community Council meeting of November
12, 1998, Mr. Pitman Patterson of Borden and Elliot, on behalf of the owner of Premises No.
1641 Queen Street East (Lampos Holdings Limited) which is located at the southwest corner
of Queen Street East and the subject section of Eastern Avenue, and Mr. John Pitcher, on
behalf of the tenant Dinecorp. Hospitality Inc. (Harvey's restaurant), made deputations
expressing their concerns with the proposed closing.
Consequently, staff met with Messrs. Patterson and Pitcher on November 19, 1998 to discuss
the details of the proposed closing including the recommendation by The Toronto Community
Council that vehicular access to their site be maintained over the portion of Eastern Avenue
to be closed, to Queen Street East. At the meeting, which was conducted in a co-operative and
amiable manner, it appeared that a resolution to the physical access issues could be
developed. However, at the end of the meeting, staff was provided with a copy of a November
17, 1998 letter from Borden and Elliot, on behalf of Lampos Holdings Limited, to The
Honourable Norman W. Sterling, Minister of Environment and Energy, requesting a
"bump-up" of the project, under the provisions of the Environmental Assessment Act, from a
"Class Environmental Assessment" to an "Individual Environmental Assessment". Among
other things, the property owner has cited "serious business losses" as a result of the loss of
exposure to through traffic on Eastern Avenue, should it be closed. It is important to note,
however, that the reduction in the traffic volumes on this section of Eastern Avenue resulted
from the construction of the Eastern Avenue/Kingston Road extension which, as indicated, is
already in place and operational. The closing of the redundant section of Eastern Avenue
which currently experiences minimal traffic volumes, in itself, is not the cause of the decrease
in the through traffic volumes, nor do staff consider that the proposal would have any
negative environmental impacts.
Under the provisions of the Environmental Assessment Act, the Ministry has 45 days to review
the request for the "bump-up" and prepare a report for the Minister's consideration. The
Minister then has 21 days within which to make a decision. In the meantime, staff of the Legal
Services Division of Corporate Services have advised that a by-law cannot be enacted for the
closing of a public highway or to implement any part of it. Accordingly, it will be necessary to
defer this item at City Council at this time. My staff is preparing a submission to the Ministry
of the Environment, in response to the bump-up request by Lampos Holdings Limited, to
counter the complaints and claims made on behalf of the owner. If appropriate, staff from this
Department, as well as staff of Corporate Services (Legal Services Division and Real Estate
Division), will continue to meet with the representatives of the owner and tenant in an attempt
to address their concerns to the satisfaction of all parties.
Contact Name and Telephone Number:
Andrew Koropeski, Director
Transportation Division, District 1
392-7711.)
(A copy of the communication, dated November 17, 1998, from Borden and Elliot, Barristers
and Solicitors, referred to in the foregoing report, is on file in the office of the City Clerk.)
Respectfully submitted,
COUNCILLOR KYLE RAE,
Chair
Toronto, November 12, 1998
Frances M. Pritchard
Tel: (416) 392-7033