City of Toronto Logo Contents

For City Council Consideration on
May 25, 26 and 27, 2009



Etobicoke York Community Council


Meeting No. 27   Contact Glenda Jagai, Committee Administrator
Meeting Date Thursday, May 14, 2009
  Phone 416-394-2516
Start Time 9:30 AM
  E-mail etcc@toronto.ca
Location Council Chamber, Etobicoke Civic Centre
  Chair   Councillor Frances Nunziata  

Item  

EY27.1 Draft By-law - To Authorize the Naming of the Proposed Private Lanes at 156, 160 Evans Avenue and 829, 833, 839 Oxford Street as "Ruby Lang Lane" and "Cormier Heights" (Ward: 6)

EY27.31 Endorsement of Events for Liquor Licensing Purposes

EY27.32 Legal Action by 570840 Ontario Ltd. And Aw-Rite Mini Storage Inc. v. City of Toronto (Ward: 6)

EY27.33 315 – 325 Dalesford Road – Extension of By-law 603-2008 exempting the Lands from Part Lot Control (Ward: 5)

EY27.37 Cash in Lieu of Parkland funds from Humber Bay Shores and Mimico areas to be used for parks and open space improvements (Ward: 6)

EY27.39 Liquor Licence Application – Las Brisas Del Mar, 24 Rivalda Road

EY27.40 Private Daycare Facilities and Day Nurseries in Etobicoke York District (Ward: 13)



City of Toronto Amended Committee Report
City of Toronto Logo Committee Report

Considered by City Council on:
May 25, 26 and 27, 2009



Etobicoke York Community Council


Meeting No. 27   Contact Glenda Jagai, Committee Administrator
Meeting Date Thursday, May 14, 2009
  Phone 416-394-2516
Start Time 9:30 AM
  E-mail etcc@toronto.ca
Location Council Chamber, Etobicoke Civic Centre
  Chair   Councillor Frances Nunziata  

EY27.1

 

Adopted 

 

Ward: 6 

Draft By-law - To Authorize the Naming of the Proposed Private Lanes at 156, 160 Evans Avenue and 829, 833, 839 Oxford Street as "Ruby Lang Lane" and "Cormier Heights"
City Council Decision

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council enact the Draft By-law to authorize the naming of the proposed private lanes at 156, 160 Evans Avenue and 829, 833, 839 Oxford Street as “Ruby Lang Lane” and “Cormier Heights”.

————
Statutory - City of Toronto Act, 2006
Committee Recommendations

EtobicokeYork Community Council recommends that:

 

1.         City Council enact the Draft By-law to authorize the naming of the proposed private lanes at 156, 160 Evans Avenue and 829, 833, 839 Oxford Street as “Ruby Lang Lane” and “Cormier Heights”.

Committee Decision Advice and Other Information

Etobicoke York Community Council held a public meeting in accordance with the City of Toronto Act 2006 and notice of the proposed enactment of the Draft By-law was posted on the Public Notice Page of the City’s website in accordance with the requirements of the City of Toronto Municipal Code, Chapter 162.  No one addressed the Etobicoke York Community Council.

Origin
(April 22, 2009) Draft By-law from City Solicitor
Summary

To enact a By-law to authorize the naming of the proposed private lanes at 156, 160 Evans Avenue, and 829, 833, 839 Oxford Street as “Ruby Lang Lane” and “Cormier Heights”.

Background Information (Committee)
Draft By-law
(http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-20739.pdf)

Notice
(http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-20740.pdf)

Extract EY13.23
(http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-20869.pdf)


EY27.31

 

Amended 

 

 

Endorsement of Events for Liquor Licensing Purposes
City Council Decision

City Council on May 25, 26 and 27, 2009, for liquor licensing purposes, advised the Alcohol and Gaming Commission of Ontario that it has no objection to the following:

 

1.         The inclusion of a Wine Garden and a second Beer Garden in the Special Occasion Permit for the 12th Annual Taste of the Kingsway Festival previously approved by City Council on April 29 and 30, 2009 (EY26.27), both to be located on the section of Bloor Street West at Prince Edward Drive, to be held on:

 

Saturday, September 12, 2009 from 11:00 a.m. to 8:00 p.m. (Wine Garden and second Beer Garden to remain open until 9:00 p.m. to accommodate “last call”); and

 

Sunday, September 13, 2009 from 11:00 a.m. to 8:00 p.m. (Wine Garden and second Beer Garden to remain open until 9:00 p.m. to accommodate “last call”)

 

2.         A temporary extension of the existing liquor licence of the Mimico Cruising Club for its annual Lobster Dinner to be held on Saturday, May 30, 2009 from 5:00 p.m. to 11:00 p.m.

 

3.         The issuance of a Special Occasion Permit for a Beer Garden to be situated on Bloor Street West, east of Armadale Avenue for the 2009 Ukrainian Community Festival to be held in Bloor West Village on Bloor Street West from Jane Street to Runnymede Road on:

 

             -          Friday, September 18, 2009 from 4:00p.m.to 1:00 a.m.

             -          Saturday, September 19, 2009 from 9:00 a.m. to 1:00 a.m. and

             -          Sunday, September 20, 2009 from 11:00a.m.to 7:00 p.m.

 

4.         The request to serve alcohol in conjunction with the CIRV FM Summerfest taking place at Earlscourt Park on:

 

-           Friday, June 19, 2009 from 6:00 p.m. to midnight

-           Saturday, June 20, 2009 from 11:00 a.m. to  midnight, and

-           Sunday, June 21, 2009 from 10:00 a.m. to 11:00 p.m.

————
Committee Recommendations

Etobicoke York Community Council recommends that City Council for liquor licensing purposes, advise the Alcohol and Gaming Commission of Ontario that it has no objection to the following:

 

1.         The inclusion of a Wine Garden and a second Beer Garden in the Special Occasion Permit for the 12th Annual Taste of the Kingsway Festival previously approved by City Council on April 29 and 30, 2009 (EY26.27), both to be located on the section of Bloor Street West at Prince Edward Drive, to be held on:

 

Saturday, September 12, 2009 from 11:00 a.m. to 8:00 p.m. (Wine Garden and second Beer Garden to remain open until 9:00 p.m. to accommodate “last call”); and

 

Sunday, September 13, 2009 from 11:00 a.m. to 8:00 p.m. (Wine Garden and second Beer Garden to remain open until 9:00 p.m. to accommodate “last call”)

 

2.         A temporary extension of the existing liquor licence of the Mimico Cruising Club for its annual Lobster Dinner to be held on Saturday, May 30, 2009 from 5:00 p.m. to 11:00 p.m.

 

3.         The issuance of a Special Occasion Permit for a Beer Garden to be situated on Bloor Street West, east of Armadale Avenue for the 2009 Ukrainian Community Festival to be held in Bloor West Village on Bloor Street West from Jane Street to Runnymede Road on:

 

               -        Friday, September 18, 2009 from 4:00p.m.to 1:00 a.m.

               -        Saturday, September 19, 2009 from 9:00 a.m. to 1:00 a.m. and

               -        Sunday, September 20, 2009 from 11:00a.m.to 7:00 p.m.

Committee Decision Advice and Other Information

Etobicoke York Community Council, for liquor licensing purposes, declared the following to be events of municipal significance and that the Alcohol and Gaming Commission of Ontario be advised that the Community Council has no objection to the events taking place:

 

1.         6th Annual Lakeshore Mardi Gras Festival to be held on Friday, August 7, Saturday, August 8 and Sunday, August 9, 2009.

 

2.         Italian Fesitval to be held on Saturday, July 4 and Sunday, July 5, 2009 at Eden Trattoria, 1331 St. Clair Avenue West, on the St. Clarens Avenue flankage from 11:00 a.m. to 11:00 p.m.

 

3.         Corso Italia Toronto Fiesta to be held on St. Clair Avenue West between Westmount Avenue and Lansdowne Avenue on:

 

-           Saturday, July 4, 2009 from 1:00 p.m. to 11:00 p.m. and

-           Sunday, July 5, 2009 from 1:00 p.m. to 9:00 p.m.

 

4.         TropiCanada – Canada Day Celebration to be held on Wednesday, July 1, 2009 at Earlscourt Park from 3:00 p.m. to 10:30 p.m.

 

5.         2009 Ukrainian Community Festival to be held in Bloor West Village on Bloor Street West from Jane Street to Runnymede Road on:

 

            -           Friday, September 18, 2009 from 4:00 p.m. to 1:00 a.m.

            -           Saturday, September 19, 2009 from 9:00 a.m. to 1:00 a.m. and

            -           Sunday, September 20, 2009 from 11:00 a.m. to 7:00 p.m.

Summary

Seeking Council’s endorsement of various events for liquor licensing purposes.

Communications (Committee)
(May 11, 2009) e-mail from Councillor Mark Grimes, requesting a temporary liquor licence extension of the Mimico Cruising Club for its annual Lobster Dinner to be held on May 30, 2009, at the Humber Bay Shores West Park.  (EY.Main.EY27.31.1)
(http://www.toronto.ca/legdocs/mmis/2009/ey/comm/communicationfile-10904.pdf)

(May 14, 2009) e-mail from Councillor Cesar Palacio, respecting the Italian Fiesta to be taking place on July 4 and 5th, 2009, at Eden Trattoria, 1331 St. Clair Avenue West. (EY.Main.EY27.31.2)
(http://www.toronto.ca/legdocs/mmis/2009/ey/comm/communicationfile-10905.pdf)

(May 11, 2009) e-mail from Henny Varga, President, Kingsway BIA, respecting a Wine and Beer Garden at the 12th Annual Taste of the Kingsway Festival to be held on September 12th and 13th, 2009, on Bloor Street West and Prince Edward Drive. (EY.Main.EY27.31.3)
(May 12, 2009) e-mail from Councillor Cesar Palacio, respecting the Corso Italia Toronto Fiesta, to be taking place on July 4 and 5, 2009, at St. Clair Avenue West, between Westmount Avenue and Lansdowne Avenue. (EY.Main.EY27.31.4)
(http://www.toronto.ca/legdocs/mmis/2009/ey/comm/communicationfile-10913.pdf)

(May 14, 2009) e-mail from Councillor Mark Grimes, respecting the 6th Annual Lakeshore Mardi Gras Festival on August 7, 8 and 9, 2009. (EY.New.EY27.31.5)
(http://www.toronto.ca/legdocs/mmis/2009/ey/comm/communicationfile-10916.pdf)

(May 14, 2009) e-mail from Councillor Cesar Palacio, respecting TropiCanada Canada Day Celebration to be taking place on July 1, 2009 at Earlscourt Park. (EY.Main.EY27.31.6)
(http://www.toronto.ca/legdocs/mmis/2009/ey/comm/communicationfile-10927.pdf)

(May 12, 2009) e-mail from Councillor Bill Saundercook, respecting the 2009 Ukrainian Community Festival to be taking place on Bloor Street West on September 18, 19 and 20, 2009. (EY.Main.EY27.31.7)
(http://www.toronto.ca/legdocs/mmis/2009/ey/comm/communicationfile-10928.pdf)


EY27.32

 

Amended 

 

Ward: 6 

Legal Action by 570840 Ontario Ltd. And Aw-Rite Mini Storage Inc. v. City of Toronto
City Council Decision

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council adopt the confidential instructions to staff in Attachment 1.

 

2.         City Council direct that the confidential attachment including the recommendations in Attachment 1 remain confidential. 

 

Confidential Attachment 1 to the report (May 25, 2009) from the City Solicitor remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information related to a proposed or pending acquisition of land for municipal purposes and resulting litigation.  The advice and communications provided are also subject to solicitor-client and litigation privilege. 

————
Confidential Attachment - A proposed or pending acquisition or sale of land for municipal or local board purposes, solicitor-client privilege and litigation or potential litigation
Committee Recommendations

The Etobicoke York Community Council submits this Item to City Council without recommendation.

Committee Decision Advice and Other Information

Etobicoke York Community Council:

 

1.         Requested the City Solicitor to report directly to the City Council meeting of May 25, 2009 with respect to the issues referred to in the action commenced by 570840 Ontario Ltd. and Aw-Rite Mini Storage Inc. regarding the subdivision of the lands formerly known as 21 and 24 Fleeceline Road., such report to include the status of the public art contribution for the development.

Origin
(May 12, 2009) Report from City Solicitor
Summary

Aw-Rite Mini Storage Inc. and 570840 Ontario Ltd. have commenced an action against the City with respect to the provisions of a subdivision agreement pertaining to the development of a townhouse project at 21 and 24 Fleeceline Road. 

Background Information (Committee)
May 12, 2009 report
(http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-21184.pdf)

Background Information (City Council)
(May 25, 2009) supplementary report from the City Solicitor (EY27.32a)
(http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-21526.pdf)


EY27.33

 

Adopted on Consent

 

Ward: 5 

315 – 325 Dalesford Road – Extension of By-law 603-2008 exempting the Lands from Part Lot Control
City Council Decision

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council enact a By-law to extend the term of By-law 603-2008 to allow the unsold lots formerly known as 315-325 Dalesford Road (Registered Plan M - 110, designated as parts 4, 13, 14, 24, 28, 30, 33, 37 and 39 on Reference Plan 66R - 23492) to be exempt from Part Lot Control for an additional one year period, as noted in Attachment 1 to the Final Report (May 13, 2009) from the Director, Community Planning, Etobicoke York District.

 

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

 

3.         City Council authorize and direct the appropriate City Officials to register the By-law on title.

————
Committee Recommendations

Etobicoke York Community Council recommends that:

 

1.         City Council enact a By-law to extend the term of By-law 603-2008 to allow the unsold lots formerly known as 315-325 Dalesford Road (Registered Plan M - 110, designated as parts 4, 13, 14, 24, 28, 30, 33, 37 and 39 on Reference Plan 66R - 23492) to be exempt from Part Lot Control for an additional one year period, as noted in Attachment 1 to the Final Report (May 13, 2009) from the Director, Community Planning, Etobicoke York District.

 

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

 

3.         City Council authorize and direct the appropriate City Officials to register the By-law on title.

Origin
(May 13, 2009) Report from Director, Community Planning, Etobicoke-York District
Summary

This report requests that By-law 603-2008 be extended for an additional one year period to allow the unconveyed lots formerly known as 315-325 Dalesford Road to be exempt from Part Lot Control thus allowing additional time for the conveyance of the unsold lots to individual purchasers.

Background Information (Committee)
May 13, 2009 report
(http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-21179.pdf)


EY27.37

 

Adopted 

 

Ward: 6 

Cash in Lieu of Parkland funds from Humber Bay Shores and Mimico areas to be used for parks and open space improvements
City Council Decision

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council authorize all alternative cash-in-lieu of parkland funds received from the Humber Bay Shores and Mimico Areas to be used for parks and open space improvements within the local area to the satisfaction of the General Manager, Parks, Forestry and Recreation, and in consultation with the local Councillor, in accordance with the alternative Parkland Dedication By-law.

————
Committee Recommendations

Etobicoke York Community Council recommends that:

 

1.         City Council authorize all alternative cash-in-lieu of parkland funds received from the Humber Bay Shores and Mimico Areas to be used for parks and open space improvements within the local area to the satisfaction of the General Manager, Parks, Forestry and Recreation, and in consultation with the local Councillor, in accordance with the alternative Parkland Dedication By-law.

Origin
(May 14, 2009) Member Motion from Councillor Mark Grimes
Summary

Recognizing that the existing Waterfront and surrounding open space provides a City-wide destination and recognizing that significant funds are required to develop these public amenities.

Background Information (Committee)
Motion
(http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-21182.pdf)


EY27.39

 

Adopted on Consent

 

 

Liquor Licence Application – Las Brisas Del Mar, 24 Rivalda Road
City Council Decision

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council authorize the City Solicitor to advise the Alcohol and Gaming Commission of Ontario (AGCO) of Council’s conditional support for this application provided that the following conditions, in the form substantially set out below, are attached to the liquor licence for Las Brisas Del Mar, 24 Rivalda Road, Toronto:

 

Conditions to be attached to Liquor Licence for

Las Brisas Del Mar, 24 Rivalda Road, Toronto

 

a.         The Licensed Premises shall close no later than 3:30 a.m. each day and no patrons will be allowed to enter or remain on the Licensed Premises after 4:00 a.m.

 

b.         The Premises shall not be used for an “after hours club”.

 

c.         On Thursday, Friday and Saturday evenings after 8:00 p.m. while the Licensed Premises are open to patrons and for at least one hour after the Licensed Premises are closed to patrons, the Licensed Premises shall be staffed with at least one visibly identifiable security guard for every 100 patrons in the Licensed Premises.

 

d.         All security guards shall wear identification or clothing by which they can readily be identified as security guards.

 

e.         The Licensee, acting reasonably, shall not admit anyone who wears gang paraphernalia of any kind including gang colours, bandanas, insignia, emblems or clothing.

 

f.          All managers, employees and security staff working at the Licensed Premises must successfully complete an AGCO-approved server training course within ninety (90) days of the start of employment at the Licensed Premises.

 

g.         The Licensee, acting reasonably, shall not play, or permit to be played, music, whether live or recorded, that has lyrics that sanction, promote or glamourize guns, knives or violence against women and police officers.

 

h.         The Licensee shall not play, or permit to be played, music, whether live or recorded, on the outdoor patio after 11:00 p.m.

 

i.          The Licensee shall ensure that adequate soundproofing is installed so as to ensure that no resident is disturbed by noise emanating from the premises.

 

j.          The Licensee shall install and maintain a “walk-through” metal detector at the front entrance to the Licensed Premises and every patron shall walk through the said metal detector prior to entering the Licensed Premises. The metal detector shall be “state-of-the-art” equipment and in good working order and similar to the metal detectors used at airports.

 

2.         City Council authorize the City Solicitor to make modifications to the above conditions if deemed necessary and satisfactory to the City Solicitor.

 

3.         City Council authorize the City Solicitor be authorized to attend all proceedings before the Alcohol and Gaming Commission of Ontario in this matter and be directed to take all necessary actions so as to give effect to this motion.

————
Committee Recommendations

Etobicoke York Community Council recommends that:

 

1.         City Council authorize the City Solicitor to advise the Alcohol and Gaming Commission of Ontario (AGCO) of Council’s conditional support for this application provided that the following conditions, in the form substantially set out below, are attached to the liquor licence for Las Brisas Del Mar, 24 Rivalda Road, Toronto:

 

Conditions to be attached to Liquor Licence for

Las Brisas Del Mar, 24 Rivalda Road, Toronto

 

a.         The Licensed Premises shall close no later than 3:30 a.m. each day and no patrons will be allowed to enter or remain on the Licensed Premises after 4:00 a.m.

 

b.         The Premises shall not be used for an “after hours club”.

 

c.         On Thursday, Friday and Saturday evenings after 8:00 p.m. while the Licensed Premises are open to patrons and for at least one hour after the Licensed Premises are closed to patrons, the Licensed Premises shall be staffed with at least one visibly identifiable security guard for every 100 patrons in the Licensed Premises.

 

d.         All security guards shall wear identification or clothing by which they can readily be identified as security guards.

 

e.         The Licensee, acting reasonably, shall not admit anyone who wears gang paraphernalia of any kind including gang colours, bandanas, insignia, emblems or clothing.

 

f.          All managers, employees and security staff working at the Licensed Premises must successfully complete an AGCO-approved server training course within ninety (90) days of the start of employment at the Licensed Premises.

 

g.         The Licensee, acting reasonably, shall not play, or permit to be played, music, whether live or recorded, that has lyrics that sanction, promote or glamourize guns, knives or violence against women and police officers.

 

h.         The Licensee shall not play, or permit to be played, music, whether live or recorded, on the outdoor patio after 11:00 p.m.

 

i.          The Licensee shall ensure that adequate soundproofing is installed so as to ensure that no resident is disturbed by noise emanating from the premises.

 

j.          The Licensee shall install and maintain a “walk-through” metal detector at the front entrance to the Licensed Premises and every patron shall walk through the said metal detector prior to entering the Licensed Premises. The metal detector shall be “state-of-the-art” equipment and in good working order and similar to the metal detectors used at airports.

 

2.         City Council authorize the City Solicitor to make modifications to the above conditions if deemed necessary and satisfactory to the City Solicitor.

 

3.         City Council authorize the City Solicitor be authorized to attend all proceedings before the Alcohol and Gaming Commission of Ontario in this matter and be directed to take all necessary actions so as to give effect to this motion.

 

Origin
(May 14, 2009) Member Motion from Councillor Giorgio Mammoliti
Summary

The purpose of this Motion is to authorize the City Solicitor to advise the AGCO of City Council’s conditional support of a liquor licence at these premises provided that conditions, substantially in the form below, are attached to the licence.

Background Information (Committee)
Motion
(http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-21196.pdf)


EY27.40

 

Amended 

 

Ward: 13 

Private Daycare Facilities and Day Nurseries in Etobicoke York District
City Council Decision

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council direct the Chief Planner and Executive Director to undertake a study to assess impacts generated by Day Nurseries on residential uses for the lands bounded by Glenlake Avenue to the south, Dundas Street West to the north, the rear lot lines of properties fronting the west side of High Park Avenue to the west, and the rear lot lines of properties fronting the east side of High Park Avenue to the east.

 

2.         Pursuant to Section 38 of the Planning Act, City Council enact an Interim Control By-law substantially in accordance with the proposed By-law attached as Attachment 2.

 

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

 

4.         City Council authorize the City Solicitor and necessary City staff to appear at the Ontario Municipal Board in the event of an appeal to the Interim Control By-law.

————
Committee Recommendations

The Etobicoke York Community Council submits this Item to City Council without recommendation.

Committee Decision Advice and Other Information

Etobicoke York Community Council:

 

1.         Directed the Director, Community Planning, to report to the May 25, 2009 meeting of City Council on:

 

a.         the establishment of “private home day care” and “day nursery” operations within residential zones of the former City of Toronto and the Etobicoke York District;

 

b.         the potential impact of those operations on communities in the Etobicoke York District, including traffic, parking, access, noise and safety to pedestrians.

Origin
(May 14, 2009) Member Motion from Councillor Bill Saundercook
Summary

Regarding the establishment of Private Day Nurseries in Residential Areas.

 

Background Information (Committee)
Motion
(http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-21197.pdf)

Background Information (City Council)
(May 25, 2009) supplementary report from the Chief Planner and Executive Director, City Planning (EY27.40a)
(http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-21618.pdf)

Declared Interests (City Council)

The following member(s) declared an interest:

Mayor David Miller - as his wife owns property in the area.


Submitted Thursday, May 14, 2009
Councillor Frances Nunziata, Chair, Etobicoke York Community Council