City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council amend the Official Plan substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 6.

 

2.         City Council amend the Zoning By‑law substantially in accordance with the draft Zoning By‑law Amendment attached as Attachment No. 7.

 

3.         City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director of City Planning, to make such stylistic and technical changes to the draft Official Plan and Zoning By‑law Amendments as may be required to give effect to the intent of the recommendations contained in this report.

 

4.         City Council approve the application to demolish the 59 rental housing units located at 51 Grosvenor Street pursuant to Municipal Code Chapters 667 and 363, subject to the following conditions under Chapter 667:

 

a.         the owner of the property make a cash payment to the City in lieu of replacement of the rental housing units in the amount of $300,000 prior to the issuance of the first above grade building permit for a public hospital on Phase 1, to be directed to the Capital Revolving Fund for Affordable Housing;

 

b.         the owner ensure the maintenance of the 59 existing rental dwelling units as rental housing until the earlier of the date such rental building is vacant or January 31, 2010;

 

c.         the owner meet the requirements of the tenant assistance plan as required in Part 8c. below; and

 

d.         the owner enter into an agreement to the satisfaction of the Chief Planner and Executive Director, City Planning Division, which secures the conditions outlined in Part 4.

 

5.         City Council authorize the Chief Planner and Executive Director, City Planning Division, to issue a preliminary approval to the application under Municipal Code Chapter 667 after the satisfaction of the conditions in Part 4, and after:

 

a.         the Official Plan and Zoning By‑law amendments in Parts 1 and 2 have come into full force and effect;

 

b.         the closure and completion of the sale of the existing east‑west public lane to the owner;

 

c.         the issuance of site plan approval for a public hospital by the Chief Planner and Executive Director, City Planning Division, pursuant to Section 114 of the City of Toronto Act, 2006, for Phase 1 of the redevelopment pursuant to the Zoning By‑law Amendment; and

 

d.         the issuance of a first foundation building permit for Phase 1 of the redevelopment pursuant to the Zoning By‑law Amendment.

 

6.         City Council authorize the Chief Building Official to issue a section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division, has given the preliminary approval in Part 5.

 

7.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act, after the Chief Planner and Executive Director, City Planning Division, has given the preliminary approval in Part 5, which permit may be included in the demolition permit for Chapter 667 under 363‑11.1E, of the Municipal Code.

 

8.         Before introducing the necessary Bills to City Council authorize the appropriate City officials and require the owner to execute one or more agreements pursuant to Section 37 of the Planning Act, and Section 667 of the Municipal Code satisfactory to the Chief Planner and Executive Director, City Planning Division and the City Solicitor. The agreements to be registered on title to the lands in a manner satisfactory to the City Solicitor and to secure the following matters from the owner at its expense:

 

a.         $300,000 to be used for the provision of affordable housing to be paid to the City prior to the issuance of the first above grade building permit for a public hospital on Phase 1 provided in the event that such payment is made after December 31, 2010, the payment shall be increased to reflect any increases in the Construction Price Index from January 1, 2011;

 

b.         the owner shall continue to operate the existing residential rental building located on the lot as rental housing until the earlier of the date such building is vacant or January 31, 2010;

 

c.         The Tenant Assistance Plan:

 

Each tenant receiving notice of termination will be given 150 days’ notice, three months' equivalent cash pay out, return of last month's rent, $500 moving expenses and all applicable interest on deposit together with the following:

 

Tenants who are in occupancy of their units for the following lengths of time will be provided with the following additional compensation:

 

One Year and Greater – will be given one additional month rent free;

 

Between 5 and 10 years – will be given two additional months rent free; and

 

Greater than 10 years – will be given nine months’ rent free, and shall receive a “top‑up” payment equal to the difference in the current monthly market rent of such unit within the building minus the actual amount of monthly rent paid by the tenant multiplied by 12 months (or by a lesser number of months if the tenant vacates their unit after September 1, 2009, but before January 31, 2010).

 

Tenants who depart prior to notice of termination being given shall not receive the compensation package or the moving allowance.

 

d.         be encouraged to build in conformity with the Green Development Standard Checklist submitted by the owner and date stamped as received by the Chief Planner and Executive Director, City Planning Division, on October 1, 2008;

 

e.         an existing east‑west public lane is required to form Part of the lot; prior to Site Plan approval pursuant to Section 114 of the City of Toronto Act, 2006, the owner shall obtain City Council’s approval of the closure and sale of the public lane and shall complete such sale of such lane;

 

f.          provide and thereafter maintain public art in a location on a publicly accessible portion of the lot;

 

g.         comply with any other conditions set forth in the agreement required to ensure the orderly development and phasing of the lands as required by the Chief Planner and Executive Director, City Planning Division, acting reasonably;

 

h.         enter into a Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning Division, under Section 114 of the City of Toronto Act, 2006;

 

i.          provide reasonable commercial efforts to obtain LEED certification of the development; and

 

j.          provide and maintain parking in accordance with the approved Temporary Parking Study prepared by the BA Group dated December 11, 2008, subject to such revisions from time to time as may be requested by the owner and approved by the Chief Planner and Executive Director, City Planning Division.

 

9.         City Council notes that the owner has agreed that it will, in addition to the Tenant Assistance matters set forth in the Zoning By-law Amendment and Agreement, provide the tenants eligible to receive the tenant assistance plan with the services of a rental agent, at no cost to them, to assist in finding alternative accommodations, and provide an undertaking to the City Solicitor's satisfaction to so do, prior to the completion of the sale of the public lane.

 

10        City Council direct the Chief Planner and Executive Director, City Planning, to ensure that, as part of the Site Plan process, the arch windows are incorporated into the new development, and that consideration be given to including the columns and portico as well.

 

11.       The owner will submit to the Executive Director of Technical Services for review and acceptance, prior to the issuance of any building permit, a site servicing review to demonstrate how this site will be serviced and whether the existing municipal infrastructure is adequate.

 

12.       The owner will provide for any improvements to the municipal infrastructure in connection with the functional servicing report, as accepted by the Executive Director of Technical Services, should it be determined that upgrades to such infrastructure are required to support this development.

 

13.       City Council authorizes City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above‑noted recommendations.

The Toronto and East York Community Council recommends that:

 

1.         City Council amend the Official Plan substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 6.

 

2.         City Council amend the Zoning By-law substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7.

 

3.         City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director of City Planning, to make such stylistic and technical changes to the draft Official Plan and Zoning By-law Amendments as may be required to give effect to the intent of the recommendations contained in this report.

 

4.         City Council approve the application to demolish the 59 rental housing units located at 51 Grosvenor Street pursuant to Municipal Code Chapters 667 and 363, subject to the following conditions under Chapter 667:

 

a.         the owner of the property make a cash payment to the City in lieu of replacement of the rental housing units in the amount of $300,000 prior to the issuance of the first above grade building permit for a public hospital on Phase 1, to be directed to the Capital Revolving Fund for Affordable Housing;

 

b.         the owner ensure the maintenance of the 59 existing rental dwelling units as rental housing until the earlier of the date such rental building is vacant or January 31, 2010;

 

c.         the owner meet the requirements of the tenant assistance plan as required in Recommendation 8c. below; and

 

d.         the owner enter into an agreement to the satisfaction of the Chief Planner and Executive Director, City Planning Division which secures the conditions outlined in Recommendation 4.

 

5.          City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval to the application under Municipal Code Chapter 667 after the satisfaction of the conditions in Recommendation 4, and after:

 

a.         the Official Plan and Zoning By-law amendments in Recommendations 1 and 2 have come into full force and effect;

 

b.         the closure and completion of the sale of the existing east-west public lane to the owner;

 

c.         the issuance of site plan approval for a public hospital by the Chief Planner and Executive Director, City Planning Division, pursuant to Section 114 of the City of Toronto Act, 2006, for Phase 1 of the redevelopment pursuant to the Zoning By-law Amendment; and

 

d.         the issuance of a first foundation building permit for Phase 1 of the redevelopment pursuant to the Zoning By-law Amendment.

 

6.         City Council authorize the Chief Building Official to issue a section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 5.

 

7.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act, after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 5, which permit may be included in the demolition permit for Chapter 667 under  363-11.1E, of the Municipal Code.

           

8.         Before introducing the necessary Bills to City Council authorize the appropriate City officials and require the owner to execute one or more agreements pursuant to Section 37 of the Planning Act, and Section 667 of the Municipal Code satisfactory to the Chief Planner and Executive Director, City Planning Division and the City Solicitor.  The agreements to be registered on title to the lands in a manner satisfactory to the City Solicitor and to secure the following matters from the owner at its expense:

 

a.         $300,000 to be used for the provision of affordable housing to be paid to the City prior to the issuance of the first above grade building permit for a public hospital on Phase 1 provided in the event that such payment is made after December 31, 2010, the payment shall be increased to reflect any increases in the Construction Price Index from January 1, 2011.

 

b.         The owner shall continue to operate the existing residential rental building located on the lot as rental housing until the earlier of the date such building is vacant or January 31, 2010.

 

c.         The Tenant Assistance Plan:

           

Each tenant receiving notice of termination will be given 150 days’ notice, three months' equivalent cash pay out, return of last month's rent, $500 moving expenses and all applicable interest on deposit together with the following:

 

Tenants who are in occupancy of their units for the following lengths of time will be provided with the following additional compensation:

 

One Year and Greater – will be given one additional month rent free;

 

Between 5 and 10 years – will be given two additional months rent free; and

 

Greater than 10 years – will be given nine months’ rent free, and shall receive a “top-up” payment equal to the difference in the current monthly market rent of such unit within the building minus the actual amount of monthly rent paid by the tenant multiplied by 12 months (or by a lesser number of months if the tenant vacates their unit after September 1, 2009 but before January 31, 2010).

 

Tenants who depart prior to notice of termination being given shall not receive the compensation package or the moving allowance.

 

d.         Be encouraged to build in conformity with the Green Development Standard Checklist submitted by the owner and date stamped as received by the Chief Planner and Executive Director, City Planning Division on October 1, 2008.

 

e.         An existing east-west public lane is required to form part of the lot. Prior to Site Plan approval pursuant to Section 114 of the City of Toronto Act, 2006, the owner shall obtain City Council’s approval of the closure and sale of the public lane and shall complete such sale of such lane.

 

f.          Provide and thereafter maintain public art in a location on a publicly accessible portion of the lot.

 

g.         Comply with any other conditions set forth in the agreement required to ensure the orderly development and phasing of the lands as required by the Chief Planner and Executive Director, City Planning Division, acting reasonably.

 

h.         Enter into a Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning Division, under Section 114 of the City of Toronto Act, 2006.

 

i.          Provide reasonable commercial efforts to obtain LEED certification of the development.

 

j.          Provide and maintain parking in accordance with the approved Temporary Parking Study prepared by the BA Group dated December 11, 2008, subject to such revisions from time to time as may be requested by the owner and approved by the Chief Planner and Executive Director, City Planning Division.

 

9.         City Council direct the Chief Planner and Executive Director, City Planning to ensure that, as part of the Site Plan process, the arch windows are incorporated into the new development, and that consideration be given to including the columns and portico as well.

 

10.       The owner will submit to the Executive Director of Technical Services for review and acceptance, prior to the issuance of any building permit, a site servicing review to demonstrate how this site will be serviced and whether the existing municipal infrastructure is adequate.

 

11.       The owner will provide for any improvements to the municipal infrastructure in connection with the functional servicing report, as accepted by the Executive Director of Technical Services, should it be determined that upgrades to such infrastructure are required to support this development.

 

12.       City Council authorizes City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above-noted recommendations.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council include the property at 15 Beverley Street (Samuel Caplan House) on the City of Toronto Inventory of Heritage Properties.

 

2.         City Council include the property at 27 Beverley Street (James Kelly House) on the City of Toronto Inventory of Heritage Properties.

 

3.         City Council include the property at 29 Beverley Street (Robert Brown Row House) on the City of Toronto Inventory of Heritage Properties.

 

4.         City Council include the property at 31 Beverley Street (Robert Brown Row House) on the City of Toronto Inventory of Heritage Properties.

 

5.         City Council include the property at 33 Beverley Street (Robert Brown Row House) on the City of Toronto Inventory of Heritage Properties.

 

6.         City Council include the property at 35 Beverley Street (Robert Brown Row House) on the City of Toronto Inventory of Heritage Properties.

 

7.         City Council include the property at 37 Beverley Street (Robert Brown Row House) on the City of Toronto Inventory of Heritage Properties.

 

8.         City Council include the property at 39 Beverley Street (Robert Brown Row House) on the City of Toronto Inventory of Heritage Properties.

 

9.         City Council include the property at 45 Stephanie Street (Robert Brown House) on the City of Toronto Inventory of Heritage Properties.

 

10.       City Council include the property at 47 Stephanie Street (Robert Brown House) on the City of Toronto Inventory of Heritage Properties.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council authorize the appropriate staff to extend the contract between the Yonge‑Dundas Square Board of Management and Clear Channel Outdoor (CCO) by two years conditional upon CCO replacing the two existing LED advertising signage units with two technologically upgraded units of the same size; CCO making a one time payment of $15,000; and CCO increasing the minimum annual guaranteed payment during the additional two years of the agreement from 30 to 40 percent of net advertising revenue, or $75,000, whichever is greater.

The Toronto and East York Community Council recommends that:

 

1.         City Council authorize the appropriate staff to extend the contract between the Yonge-Dundas Square Board of Management and Clear Channel Outdoor (CCO) by two years conditional upon CCO replacing the two existing LED advertising signage units with two technologically upgraded units of the same size; CCO making a one time payment of $15,000; and CCO increasing the minimum annual guaranteed payment during the additional two years of the agreement from 30 to 40 percent of net advertising revenue, or $75,000, whichever is greater.

This staff report is about a matter for which the Community Council has delegated authority from City Council to make a final decision.

 

This report reviews and makes recommendations on a request by Paul Seaman of Clear Channel Outdoor Company Canada on behalf of Hines REIT Ltd. for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit, for third party advertising purposes, a non-illuminated fascia sign on the east elevation of the building at 595 Bay Street.

 

Staff recommends refusal of this application.  The variances are major and not within the general intent and purpose of the Municipal Code.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council permanently close the portion of the public lane, shown as Part 1 on the attached Sketch No. PS‑2008‑105 (the “Lane”), subject to compliance with the requirements of City of Toronto Municipal Code Chapter 162.

 

2.         City Council direct Transportation Services staff to give notice to the public of a proposed by‑law to close the Lane, in accordance with the requirements of City of Toronto Municipal Code, Chapter 162, with the Toronto and East York Community Council to hear any member of the public who wishes to speak to the matter during consideration of the proposed by‑law.

 

3.         City Council direct Transportation Services staff to advise the public of the proposed closure of the Lane prior to implementation, in accordance with the requirements of the Municipal Class Environmental Assessment for Schedule “A⁺” activities, by posting notice of the proposed closure on the notices page of the City’s Web site for at least five working days prior to the Toronto and East York Community Council meeting at which the proposed by‑law to close the Lane will be considered.

 

4.         City Council authorize the City to accept the Offer to Purchase from the adjoining owner, King Lofts Toronto I Ltd. (the “Purchaser”), to purchase the Lane, in the amount of $106,000.00, substantially on the terms outlined in Appendix “A” to this report.

 

5.         City Council authorize each of the Chief Corporate Officer and the Director of Real Estate Services severally to accept the Offer to Purchase on behalf of the City.

 

6.         City Council grant authority to direct a portion of the proceeds of the closing to fund the outstanding expenses related to the Lane and the completion of the sale transaction.

 

7.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

The Toronto and East York Community Council recommends that:

 

1.         City Council permanently close the portion of the public lane, shown as Part 1 on the attached Sketch No. PS-2008-105 (the “Lane”), subject to compliance with the requirements of City of Toronto Municipal Code Chapter 162.

 

2.         City Council direct Transportation Services staff to give notice to the public of a proposed by-law to close the Lane, in accordance with the requirements of City of Toronto Municipal Code, Chapter 162, with the Toronto and East York Community Council to hear any member of the public who wishes to speak to the matter during consideration of the proposed by-law.

 

3.         City Council direct Transportation Services staff to advise the public of the proposed closure of the Lane prior to implementation, in accordance with the requirements of the Municipal Class Environmental Assessment for Schedule “A⁺”activities, by posting notice of the proposed closure on the notices page of the City’s Web site for at least five working days prior to the Toronto and East York Community Council meeting at which the proposed by-law to close the Lane will be considered.

 

4.         City Council authorize the City to accept the Offer to Purchase from the adjoining owner, King Lofts Toronto I Ltd. (the “Purchaser”), to purchase the Lane, in the amount of $106,000.00, substantially on the terms outlined in Appendix “A” to this report.

 

5.         City Council authorize each of the Chief Corporate Officer and the Director of Real Estate Services severally to accept the Offer to Purchase on behalf of the City.

 

6.         City Council grant authority to direct a portion of the proceeds of the closing to fund the outstanding expenses related to the Lane and the completion of the sale transaction.

 

7.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

The General Manager, Transportation Services and the Chief Corporate Officer recommend that the portion of the public lane at the rear of 860-862 Richmond Street West be permanently closed, and that the City accept the Offer to Purchase the said portion of the lane from the adjoining land owner, King Lofts Toronto I Ltd., substantially on the terms and conditions outlined in Appendix “A” to this report.

 

The terms for completing the transaction, as set out herein, are considered to be fair, reasonable and reflective of market value.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council rescind the parking regulations on the west side of Ossington Avenue outlined in Appendix “A”, attached to this report.

 

2.         City Council approve implementation of the parking regulations on the west side of Ossington Avenue outlined in Appendix “B”, as attached to this report to amend the hours of operation and extend the existing student pick up/drop-off zone serving Ossington Old Orchard Junior Public School.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council approve the removal of the on-street parking spaces for persons with disabilities located on the east side of Main Street, between a point 131.8 metres south of Lumsden Avenue and a point 137.6 metres south of Lumsden Avenue, in effect at all times during the months of January, March, May, July, September and November, and on the west side of Main Street, between a point 126 metres south of Lumsden Avenue and a point 131.8 metres south of Lumsden Avenue, in effect at all times during the months of February, April, June, August, October and December.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council give exemption to the Fashion Design Council of Canada and the Toronto Downtown Jazz Society to operate a beer garden and to serve wine and hard liquor contingent upon the following conditions:

 

a.         approval of the Alcohol and Gaming Commission of Ontario;

b.         approval of the Medical Officer of Health;

c.         compliance with the City of Toronto’s Municipal Alcohol Policy; and

d.         receipt of all the necessary permits associated with the production of the event, i.e., building permit, noise by‑law extension permit.

 

2.         City Council grant permission for the Fashion Design Council of Canada and the Toronto Downtown Jazz Society to host “ticketed” performances and to solicit donations in support of their organization.

 

3.         City Council grant permission to Camp Jumoke, Schizophrenia Society of Ontario and Autism Speaks Canada to solicit donations in support of their organizations.

 

4.         The various events compensate the City of Toronto through the Facilities and Real Estate Division for all the City of Toronto costs associated with the event.

 

5.         The appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

City Council, for liquor licence purposes, advise the Alcohol and Gaming Commission of Ontario (AGCO) that it has no objection to:

 

1.         The Canadian Music Week taking place at various locations from March 12 to March 14, 2009, which has been designated by Toronto and East York Community Council as an event of municipal significance, and advise the AGCO that it has no objection to:

 

a.         the following establishments being permitted to sell and serve alcohol until 4:00 a.m. for the duration of this event:

 

 Cadillac Lounge, 1296 Queen Street West;

 El Mocambo, 464 Spadina Avenue;

 The Mod Club, 722 College Street;

 Sneaky Dees, 431 College Street; and

 

b.         the Supermarket Restaurant and Bar at 248 Augusta Avenue being permitted to sell and serve alcohol until 3:00 a.m. on March 13 and 14, 2009.

 

2.         The request for temporary patio extension permits for the following establishments, in conjunction with the Woofstock Festival, which has been designated by the Toronto and East York Community Council as an event of municipal significance to be held on June 13 and 14, 2009:

 

Foundation Room, 65 Front Street, Units 17-19 (located at 19 Church Street)

Jamie Kennedy Restaurant, 9 Church Street

The Keg Restaurant, 12 Church Street

Hot House, 35 Church Street (Patio is on Front Street)

Vagabondo, 32 Wellington Street East

Lucien, 36 Wellington Street East

Trevor Kitchen & Bar, 38 Wellington Street East

Bravi, 40 Wellington Street East

Pravda, 44 Wellington Street East

The Flatiron & Firkin, 49 Wellington Street East

Hernando’s Hideaway, 52 Wellington Street East

Ichiban, 58 Wellington Street East

Biagio, 155 King Street East, patio in Market Lane Park

Shopsy’s, 33 Yonge Street

Biff’s, 4 Front Street East

Sultans Tent, 49 Front Street East

C’est What, 67 Front Street East

Le Papillon Restaurant, 69 Front Street East

The Jersey Giant, 71 Front Street East

Springrolls, 85 Front Street East

Paddingtons, 91 Front Street East

Old Spaghetti Factory, 54 The Esplanade

Scotland Yard, 56 The Esplanade

Bier Markt, 58 The Esplanade

Fionn Maccool’s Irish Pub, 70 The Esplanade.

The Toronto and East York Community Council recommends that City Council, for liquor licence purposes, advise the Alcohol and Gaming Commission of Ontario (AGCO) that it has no objection to:

 

1.         The Canadian Music Week taking place at various locations from March 12 to March 14, 2009, which has been designated by Toronto and East York Community Council as an event of municipal significance, and advise the AGCO that it has no objection to:

 

a.         the following establishments being permitted to sell and serve alcohol until 4:00 a.m. for the duration of this event:

 

                         Cadillac Lounge, 1296 Queen Street West;

                         El Mocambo, 464 Spadina Avenue;

                         The Mod Club, 722 College Street;

                         Sneaky Dees, 431 College Street; and

 

b.         the Supermarket Restaurant and Bar at 248 Augusta Avenue being permitted to sell and serve alcohol until 3:00 a.m. on March 13 and 14, 2009.

 

2.         The request for temporary patio extension permits for the following establishments, in conjunction with the Woofstock Festival, which has been designated by the Toronto and East York Community Council as an event of municipal significance to be held on June 13 and 14, 2009:

 

Foundation Room, 65 Front Street, Units 17-19 (located at 19 Church Street)

Jamie Kennedy Restaurant, 9 Church Street

The Keg Restaurant, 12 Church Street

Hot House, 35 Church Street (Patio is on Front Street)

Vagabondo, 32 Wellington Street East

Lucien, 36 Wellington Street East

Trevor Kitchen & Bar, 38 Wellington Street East

Bravi, 40 Wellington Street East

Pravda, 44 Wellington Street East

The Flatiron & Firkin, 49 Wellington Street East

Hernando’s Hideaway, 52 Wellington Street East

Ichiban, 58 Wellington Street East

Biagio, 155 King Street East, patio in Market Lane Park

Shopsy’s, 33 Yonge Street

Biff’s, 4 Front Street East

Sultans Tent, 49 Front Street East

C’est What, 67 Front Street East

Le Papillon Restaurant, 69 Front Street East

The Jersey Giant, 71 Front Street East

Springrolls, 85 Front Street East

Paddingtons, 91 Front Street East

Old Spaghetti Factory, 54 The Esplanade

Scotland Yard, 56 The Esplanade

Bier Markt, 58 The Esplanade

Fionn Maccool’s Irish Pub, 70 The Esplanade.

The Toronto and East York Community Council, for liquor licensing purposes, declared the following to be events of municipal significance:

 

1.         The AIDS Committee of Toronto SNAP Annual Fundraising Event to be held on February 26, 2009, at the Edward Day Gallery, 952 Queen Street West.

 

2.         The AIDS Committee of Toronto SNAP Annual Fundraising Event to be held on March 1, 2009, at The National Ballet School, 400 Jarvis Street.

 

3.         Toronto Alternative Arts & Fashion Week to be held April 21, 22, 23 and 24, 2009, in the Distillery Historic District, 55 Mill Street, Building 6.

 

4.         Luminato to be held on June 13, 2009 and Second Harvest’s Toronto Taste to be held on June 14, 2009, in the Village of Yorkville Park and on Cumberland Street from Old York Lane to Bellair Street.

 

5.         Woofstock Festival, to be held on June 13 and 14, 2009 from 10:00 a.m. to 11:00 p.m. at various locations on Front Street East, between Jarvis and Church Streets and on Front Street East, between Church Street and Yonge Street, including part of the Church/Front Street intersection, Scott Street from Wellington to The Esplanade, Church Street from The Esplanade to Colborne Street, The Esplanade, just west of Church, and Wellington from Church to Yonge Street.

 

6.         Santa Cruz Church – Festival of the Holy Spirit to be held on June 27 and 28, 2009, at 142 Argyle Street.

 

7.         Santa Cruz Church – Festival Our Lady of the Angels to be held on August 15 and 16, 2009, at 142 Argyle Street.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council replace the draft by-law attached to the Final Report of the Director of Community Planning, Toronto and East York District, as adopted by City Council at its meeting of December 1-3, 2008, with the revised draft zoning by-law attached to this Supplementary Report as Attachment 1.

 

2.         City Council determine, pursuant to s. 34 (17) of the Planning Act, that no further notice is to be given in respect to the proposed changes to the draft zoning by-law.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Municipal Board hearing to uphold the Committee’s decision to refuse the application for 544 King Street West and 1‑9 Morrison Street (Committee of Adjustment File A0907/08TEY) on December 3, 2008.

 

2.         City Council authorize the City Solicitor and appropriate City staff to advise the Board if it is inclined to grant the requested variance that it should do so only subject to the following conditions:

 

a.         that the use of the building be secured as commercial only;

 

b.         that the proposed loading space on Morrison Street be evaluated and reduced to the greatest extent possible and retail be introduced in its place; and

 

c.         that a contribution of $150,000 be required as a condition under Section 45(9) of the Planning Act, and that these funds be directed as follows:

 

‑           $100,000 for streetscape improvements in the vicinity of the project;

‑           $35,000 for a Heritage Conservation District study for King Street West; and

‑           $15,000 for capital improvements in social housing in Ward 20.

The Toronto and East York Community Council recommends that:

 

1.         City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Municipal Board hearing to uphold the Committee’s decision to refuse the application for 544 King Street West and 1-9 Morrison Street (Committee of Adjustment File A0907/08TEY) on December 3, 2008.

 

2.         City Council authorize the City Solicitor and appropriate City staff to advise the Board if it is inclined to grant the requested variance that it should do so only subject to the following conditions:

 

a.         that the use of the building be secured as commercial only;

 

b.         that the proposed loading space on Morrison Street be evaluated and reduced to the greatest extent possible and retail be introduced in its place; and

 

c.         that a contribution of $150,000 be required as a condition under Section 45(9) of the Planning Act, and that these funds be directed as follows:

 

-           $100,000 for streetscape improvements in the vicinity of the project;

-           $35,000 for a Heritage Conservation District study for King Street West; and

-           $15,000 for capital improvements in social housing in Ward 20.

Last year, Allied Properties, owners of the lands municipally known as 544 King Street West and 1-9 Morrison Street, authorized Sweeny, Sterling, Findlay and Co., to make an application to the Toronto and East York Committee of Adjustment to seek relief from the Zoning By-law 438-86, to permit development of a nine-storey building on the subject lands.

 

The Committee of Adjustment considered the application on December 3, 2008.  Variances sought included a building step back, building length, loading space and building height.  Planning staff reported to the Committee and recommended refusal of the application, as the proposal did not meet the general purpose and intent of the Official Plan or Zoning By-law, was not minor and was not an appropriate form of development for the lands.  There was significant opposition at the hearing from area residents.

 

The Committee of Adjustment refused the application.  The applicant subsequently appealed the Committee’s refusal decision to the Ontario Municipal Board.

 

The Ontario Municipal Board has not set a date for this hearing, but has advised that they expect the matter to be heard mid-March 2009.

 

Recommendations:

 

That Toronto and East York Community Council recommend the following to City Council:

 

1.         That Council authorize the City Solicitor and appropriate City staff to attend the Ontario Municipal Board hearing to uphold the Committee’s decision to refuse the application for 544 King Street West and 1-9 Morrison Street (Committee of Adjustment File A0907/08TEY) on December 3, 2008. The Committee of Adjustment Decision is attached.

 

2.         City Council authorize the City Solicitor and appropriate City staff to advise the Board if it is inclined to grant the requested variance that it should do so only subject to the following conditions:

 

a.         that the use of the building be secured as commercial only;

 

b.         that the proposed loading space on Morrison Street be evaluated and reduced to the greatest extent possible and retail be introduced in its place; and

 

c.         that a contribution of $150,000 be required as a condition under Section 45(9) of the Planning Act, and that these funds be directed as follows:

 

-           $100,000 for streetscape improvements in the vicinity of the project;

-           $35,000 for a Heritage Conservation District study for King Street West; and

                                    $15,000 for capital improvements in social housing in Ward 20.

City Council on February 23, 24 and 25, 2009, adopted the following:

 

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence application for Gumboots and Neckerchiefs (former Escape Nightclub), 22 Duncan Street (“Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

 

2.         City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

 

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and be directed to take all necessary actions so as to give effect to this motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.

The Toronto and East York Community Council recommends that:

 

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence application for Gumboots and Neckerchiefs (former Escape Nightclub), 22 Duncan Street (“Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

 

2.         City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

 

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and be directed to take all necessary actions so as to give effect to this motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.

Toronto Pick Operations Ltd. has submitted an application for a liquor licence to the Alcohol and Gaming Commission of Ontario (“AGCO”) for the premises at 22 Duncan Street to operate under the name of Gumboots and Neckerchiefs (“Premises”). The Premises formerly operated as Escape Nightclub. The applicant is seeking a liquor licence for a capacity of 425 for the main floor north and west, 439 for the main floor south, 463 for the basement and 36 for the patio.

 

There is a history of Liquor Licence Act violations at this address when it operated as Escape Nightclub. This includes a liquor licence suspension in 2007 for exceeding lawful capacity and permitting use of narcotics, and again in 2008 for serving minors and exceeding lawful capacity.

 

The Premises is located in the City’s entertainment district among a large concentration of night clubs. Area residents are concerned that any licensed establishment which has a history of problems for past licensees can only lead to an increase in problems in the future. Their concerns relate in particular to noise, litter, safety and security, and other disturbances to residents in the area.

 

This application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence. Given the large capacity being sought for the Premises, under no circumstance should it be granted a liquor sales licence without conditions attached.

 

Recommendations:

 

1.         That City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence application for Gumboots and Neckerchiefs (former Escape Nightclub), 22 Duncan Street (“Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

 

2.         That City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

 

3.         That the City Solicitor be authorized to attend all proceedings before the AGCO in this matter and be directed to take all necessary actions so as to give effect to this motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.