The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86 as amended, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 2 to the report dated December 14, 2009 from the Director, Community Planning, Toronto and East York District, subject to including the following:

-           Allow the expansion of the uses that legally existed at 1150 Queen Street West on the date of this By-law coming into effect onto the properties at 1140, 1142 and 1144 Queen Street West to permit:

a.         A combined non-residential gross floor area for the purpose of a restaurant, take-out restaurant, and bake-shop uses up to a maximum of 175 m2, except that no portion of the additional floor space can be dedicated to accessory entertainment purposes otherwise permitted by this By-law.

b.         Below grade expansion uses may also include support and service spaces such as a green room, coat check, storage, lobby area, office, mechanical and electrical areas, and washrooms.

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

This City-initiated amendment is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The proposal is to amend Zoning By-law 438-86 to implement additional restrictions on restaurants and related uses on Queen Street West, between Dovercourt Road and Gladstone Avenue, in Ward 18.

Staff are recommending a number of amendments to the Zoning By-law that seek to balance the concerns of the residents and the business/property owners relating to the impacts of restaurants and related uses.  The cumulative effects of the amendments will help to limit the impacts of restaurants and related uses on the nearby residential area, while still allowing new restaurants and related uses.

This report reviews and recommends approval of amendments to the Zoning By-law.

The Toronto and East York Community Council recommends that:

1.         City Council amend the definition of artist live/work studio in Zoning By-law No. 1169-2009 , Section 14 to read: artist live/work studio shall mean a dwelling unit containing a studio space for the production of art and that a minimum of 20 of such units in Building A will be rented at no more than 0.8 times the CMHC average market rent for dwelling units of similar size in the City of Toronto and inhabited only by a working artist and his or her household.

2.         City Council authorize the Director of Community Planning, Toronto and East York District to enter into an agreement with Artscape to secure the provision and maintenance of 20 affordable rental units and 48 below-market ownership units, as identified in the amended zoning By-law.

3.         City Council authorize the City Solicitor to amend the Section 37 agreement to address the amendment to Zoning By-law 1169-2009.

4.         City Council direct staff to attend any OMB hearing on this matter in support of the zoning change, if required.

On January 8, 2008, the Ontario Municipal Board approved By-law No.1169-2009 with respect to the lands at 150 Sudbury Street. Contained within the By-law was a mechanism allowing Artscape, a non-profit organization that works with artists, to buy units at below market cost from the developer for rent to artists as live/work studios. Artscape, in consultation with City staff, the developer and the local Councillor have determined that the mechanism, and therefore the By-law, needs to be amended to allow Artscape to sell some of the units as below-market ownership units, while maintaining a minimum number of units being retained as affordable rental. This report recommends the required amendment to the By-law. In addition, this report recommends that the City and Artscape enter into an agreement to secure conditions related to the Artscape units.

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86, as amended, for the lands at 300 Front Street West substantially in accordance with the draft Zoning By-law Amendment provided in Attachment 1 to the report dated December 2, 2009, from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning Division, to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required to implement the intent of this report.

3.         City Council determine that no further notice is required.

At its meeting of May 26 and 27, 2008, Council approved the application for redevelopment of the site at 300 Front Street West for a mixed-use building ranging in height from 16- to 52-storeys, with commercial uses at grade. At that time, Council approved a draft Zoning By-law. Since then, during the course of refining the Site Plan Approval drawings, certain changes to the draft Zoning By-law have become necessary. This supplementary report recommends a revised draft Zoning By-law for approval including a revised height map.

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 (OMB) to oppose the OMB appeal made by the applicant for Official Plan Amendment and Zoning By-law Amendment Application No.07 289063 STE 27 OZ.

2.         City Council instruct the City Solicitor to advise the OMB that Council would support an alternate Development Strategy for the lands known municipally as 21 Avenue Road substantially as set out in Attachment No.10 to the report dated December 23, 2009 from the Director, Community Planning, Toronto and East York District, and as noted within this report.

3.         In the event the OMB allows the appeal and permits the proposed development, City Council also instruct the City Solicitor to request the OMB to require the applicant to enter into an agreement to secure the provision of public benefits and related matters as deemed appropriate by the Chief Planner, pursuant to Section 37 of the Planning Act.

The applicant has appealed the Official Plan Amendment and Rezoning Applications to the Ontario Municipal Board (OMB) due to Council’s failure to make a decision within the time allotted by the Planning Act. A second pre-hearing conference on this file is set for February 1, 2010 and a hearing is set to commence on March 22, 2010.

The purpose of this report is to seek direction from City Council on the position to be taken at a forthcoming Ontario Municipal Board (OMB) hearing scheduled for March 22, 2010.

The application before the OMB is to permit the demolition of the existing Four Season Hotel and in its place proposes a 3-storey base building with three levels of retail. The proposed development would have at the north end of the base building an east-west orientated residential ‘slab like’ building of 28 storeys (90.5 metres to roof, 97 metres to the top of mechanical penthouse) and at the southern end of the base building, a 40-storey residential tower (136.75 metres to roof and 143.25 metres to the top of mechanical penthouse).Vehicular access to the site is proposed to be by way of a two-way north-south orientated driveway from both Yorkville Avenue and Cumberland Street.

The proposed massing represents an over-development of the site and would set a negative precedent in terms of the application of the City’s built form policies and guidelines for tall building development.

This report has identified that the proposal is located on a prominent site in terms of its relationship to an important vista of a sensitive historic environment (Ontario Legislative Assembly) within the City of Toronto. The proposed height of the building at the southern end of the site distracts and compromises this important vista. The report further demonstrates that when viewed from the north side of College Street, the tall building at the southern end of the site creates a negative visual impact.

The proposal in its current form does not meet the Official Plan policy of adequately limiting the impacts of shadows. In the context of a review of the building separation distance and proposed floor plate size, the proposal does not adequately address privacy impacts nor are views through and around the site sufficiently addressed.

After further review of applicable policies and guidelines, the findings of an independent view-shed analysis and review of the revised application materials, planning staff have compiled a Development Strategy where development may be considered at 21 Avenue Road (Attachment No.10).

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law No.1996-0236 substantially in accordance with the draft Zoning By-law Amendment as shown on Attachment 2 to the report dated November 24, 2009, from the Director, Community Planning, Toronto and East York District, to remove application of the holding symbol (“h”) from the lands municipally known as 589 King Street East being Blocks 1, 2, and 25 on the West Don Lands Phase 1 M-plan.

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

3.         Prior to the introduction of the necessary Bill for enactment of the Zoning By-law Amendment, City Council require:

a.         The owner to register on title the West Don Lands Phase 1 Plan of Subdivision and subdivision agreement.

b.         A Record of Site Condition for the subject lands be completed to the City’s satisfaction.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

A zoning by-law amendment application has been filed proposing the removal of the holding symbol (“h”), pursuant to Section 36 of the Planning Act on the lands municipally known as 589 King Street East, Blocks 1, 2 and 25 as identified on the West Don Lands M-plan.  These lands are part of the West Don Lands Precinct plan area.  This will allow the development of the Toronto Community Housing Corporation’s (TCHC) affordable housing project with commercial uses at grade to proceed.

The King Parliament Zoning By-law 1996-0236 contemplates the removal of the holding symbol when specific conditions have been satisfied.

This report reviews and recommends approval of the application to amend the Zoning By-law.

The Toronto and East York Community Council recommends that:

1.         City Council authorize the appropriate City officials to amend the Section 16 Agreement for 15 York Street as follows:

-           Revise the minimum hotel gross floor area to 13,750 sq m from 13,910 sq m.

-           Revise the dimensions of the canopy for weather protection requirements to permit a section of the canopy that is less than 3 m in depth and more than 5 m in height.

The purpose of this report is to seek Council authorization to amend the Section 16 Agreement for 15 York Street to reflect minor changes to hotel gross floor area and a small portion of the canopy height and depth.

The Toronto and East York Community Council recommends that:

1.         City Council authorize an amendment to the Official Plan substantially in accordance with the draft Official Plan Amendment attached as Attachment No.1 to the report dated December 14, 2009 from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize an amendment to Zoning By-law 6752, as amended, for the former Borough of East York, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 2.

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.

4.         City Council approve the application to demolish the 36 rental housing units located at 2, 6, and 12 Fernwood Gardens pursuant to Municipal Code Chapters 667 and 363, subject to the following conditions under Chapter 667:

a.         The owner provide assistance to the tenants in the existing rental units as provided for in the approved Tenant Relocation and Assistance Plan.

b.         That the Official Plan and Zoning By-law Amendments in Recommendations 1 and 2 have come into full force and effect.

c.         The owner enter into, and register on title, an agreement or notice thereof, to the satisfaction of the City Solicitor, which secures the conditions outlined above in items a. and b. of this Recommendation.

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 pursuant to Section 111 of the City of Toronto Act after the satisfaction of the following conditions:

a.         That the Official Plan and Zoning By-law Amendments have come into full force and effect.

b.         The satisfaction of the conditions in Recommendation 4.

c.         Site Plan Approval for the proposed development is issued pursuant to Section 114 of the City of Toronto Act, 2006 and pursuant to the Zoning By-law Amendment.

6.         Before introducing the necessary Bills for enactment, City Council require the owner to convey the valley/hazard lands, including all lands up to the Toronto and Region Conservation Authority’s staked top-of-bank line, to the Toronto and Region Conservation Authority for a nominal sum of two dollars ($2).

7.         Before introducing the necessary Bills for enactment, City Council authorize the appropriate City officials and require the owner to enter into a Heritage Easement Agreement with the City for the protection and long term maintenance of the heritage property at 2 O’Connor Drive, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

8.         Before introducing the necessary Bills, 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 to the satisfaction of the Chief Planner and Executive Director, City Planning, and City Solicitor.  The agreement(s) are to be registered on title to the lands in a manner satisfactory to the City Solicitor and to secure the following facilities, services and matters from the owner at its expense:

a.         A Tenant Relocation and Assistance Plan to the satisfaction of the Chief Planner and Executive Director, City Planning Division, that requires the owner to provide for each tenant of 2, 6, and 12 Fernwood Gardens assistance that includes at least a moving allowance and other financial assistance on a sliding scale geared to the length of occupancy of each tenant.

The following matters shall be secured in the Section 37 Agreement as a legal convenience to support development:

b.         A response, in conjunction with the Site Plan Application, to the Toronto and Region Conservation Authority’s comments contained within the September 30, 2009 memo, as they relate to natural heritage.

c.         A cost estimate, in conjunction with the Site Plan Application, for review and acceptance, for the proposed planting within the ravine and natural feature protected area, in addition to a cost estimate for the preparation and implementation of the ravine stewardship plan.

d.         A financial security, in conjunction with the Site Plan Application, as a security for implementing the planting plan within the ravine and natural feature protected area.

e.         Architectural plans at 1:100, elevations at 1:50 and landscaping plans at 1:100 to be secured to the satisfaction of the Chief Planner, and the owner will be required to, in conjunction with the Site Plan Application, submit such scaled drawings in conformity with this requirement.

f.          The owner shall incorporate in the construction of the building, and thereafter maintain, exterior building and landscape materials as shown on the plans and elevations referenced in e. above, to the satisfaction of the Chief Planner and Executive Director.

g.         Final development plans and landscape plans that enhance the heritage character and views of the front façade of the heritage building and exterior lighting plan for the heritage building, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in conjunction with the Site Plan Application.

h.         Prior to receiving Site Plan Approval, a revised Stormwater Management Report to the satisfaction of the Executive Director, Technical Services.

i.          A detailed Conservation Plan, in conjunction with the Site Plan Application, which includes: as-found record of the existing house including photographs keyed to plans and elevations of all visible exteriors and interiors; detailed descriptions for the proposed heritage conservation work; description of the reversibility of alterations; schedule of long term conservation and maintenance requirements; and cost estimates for conservation work of the heritage property located at 2 O’Connor Drive, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

j.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist received by the Chief Planner and Executive Director, City Planning Division, on December 30, 2008.

k.         The owner shall pay for and construct 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 improvements to such infrastructure are required to support the development.

9.         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.

10.       City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act no earlier than the issuance of the first building permit for the foundation of the development, and 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.

On November 10, 2009, the Toronto and East York Community Council considered a Refusal Report dated October 23, 2009, from the Director, Community Planning, Toronto and East York District, regarding an Official Plan Amendment, a Zoning By-law Amendment, and Demolition Application under Municipal Code Chapter 667 to permit a 4-storey, 65-unit, private residential-care and assisted living facility at 2 O’Connor Drive, 2, 6 and 12 Fernwood Gardens.  The applications seek to demolish 36 affordable rental housing units at 2, 6 and 12 Fernwood Gardens which will not be replaced.

This report responds to the direction to City Staff from Toronto and East York Community Council at its November 10, 2009 meeting.  At that meeting, Toronto and East York Community Council recommended that City Council direct the Chief Planner, in consultation with the City Solicitor, to report to the January 12, 2010 meeting of Community Council, on the form of an Official Plan Amendment and Zoning By-law Amendment.  The City Clerk was directed to schedule and give notice of the statutory public meeting for the January 12, 2010, Toronto and East York Community Council.

At that same meeting, Toronto and East York Community Council recommended that City Council direct the Chief Planner to report back to the January 2010 meeting of Community Council on any proposed changes to the Tenant Relocation and Assistance Package, recommendations to approve and authorize the demolition of 36 rental units at 2, 6 and 12 Fernwood Gardens, and appropriate measures to conserve the hertiage resource on the site.

At its meeting of November 30 and December 1, 2009, City Council approved the recommendations from the November 10, 2009 meeting of Toronto and East York Community Council.  This report responds to those requests.

The Toronto and East York Community Council recommends that:

1.         City Council state its intention to designate the property at 2 O’Connor Drive under Part IV of the Ontario Heritage Act.

2.         If there are no objections to the designation in accordance with Section 26(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the Bills in Council designating the property under Part IV of the Ontario Heritage Act.

3.         If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the Clerk to refer the proposed designation to the Conservation Review Board.

4.         City Council approve the alterations to the heritage property at 2 O’Connor Drive, substantially in accordance with the heritage conservation plans and elevations and heritage impact statement, “2 O’Connor Drive, Heritage Impact Statement, dated revised August 20, 2009” all prepared by E.R.A Architects Inc., date stamped received by the City Planning Division August 27, 2009, and on file with the Manager, Heritage Preservation Services, subject to the following conditions:

a.         Prior to the passing of Bills in Council the owner shall:

-           enter into a Heritage Easement Agreement with the City for the protection and long term maintenance of the heritage property at 2 O’Connor Drive, subject to the approved alterations, to the satisfaction of the Manager, Heritage Preservation Services.

b.         Prior to final site plan approval the owner shall:

-           provide a Detailed  Conservation Plan, prepared by a qualified heritage consultant (Heritage Consultant)  to the satisfaction of the Manager, Heritage Preservation Services that includes:  as-found record of the existing house including photographs keyed to plans and elevations of all the visible exteriors and interiors; detailed descriptions for the proposed heritage conservation work; description of the reversibility of alterations; schedule of long term conservation and maintenance requirements; and cost estimates for the conservation work; and

-           provide final development plans, a landscape plan that enhances the heritage character and views of the front façade of the heritage building and exterior lighting plan for the heritage building, to the satisfaction of the Manager, Heritage Preservation Services.

c.         Prior to the issuance of any building permit for the heritage property located at 2 O’Connor Drive, including a permit for the demolition, excavation, and/or shoring of the subject property, the owner shall provide the following:

-           building permit drawings, including specifications for heritage conservation work prepared by the Heritage Consultant to the satisfaction of the Manager, Heritage Preservation Services; and

-           Letter of Credit, in a form and an amount satisfactory to the Chief Planner and Executive Director, City Planning Division, to secure all work included in the Detailed Conservation Plan.

d.         Prior to the release of the Letter of Credit, the owner shall:

-           complete the heritage conservation work to the satisfaction of the Manager, Heritage Preservation Services;

-           provide a notice of substantial completion for the heritage conservation work prepared by the Heritage Consultant to the satisfaction of the Manager, Heritage Preservation Services; and

-           submit final as-built photographs of the exterior and significant interiors of the heritage building at 2 O’Connor Drive satisfactory to the Manager, Heritage Preservation Services.

5.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owners of 2 O’Connor Drive for the property at 2 O’Connor Drive.

6.         City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of the Heritage Easement Agreement.

This application proposes to develop the site at 2 O'Connor Drive, 2, 6, and 12 Fernwood Gardens with a 4-storey, 65-unit, residential-care and assisted living facility.  The John F. Taylor house, a listed heritage property located at 2 O’Connor Drive, will be preserved, partially restored and incorporated into the development proposal. All other buildings are to be demolished, including three buildings containing 36 residential rental units that are not proposed to be replaced. The applicant is applying for Official Plan Amendment, Rezoning and demolition under Municipal Code Chapter 667.

The Community Planning staff report for this application recommended refusal.  The key concerns noted in the report included lack of retention or replacement of the affordable rental housing and the fit of the proposal with the planned context of Fernwood Gardens. However, the Toronto and East York Community Council (TEYCC) voted to approve the application at their meeting of November 10, 2009 and requested planning staff to prepare a report to come back to the January 12, 2010 meeting of TEYCC with conditions of approval for the application.

Following on the direction from TEYCC, this report provides a review of the applications as they relate to proposed conservation of the property under the Ontario Heritage Act, and recommends that Council designate the property at 2 O’Connor Drive under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value and ensure the preservation of the heritage attributes of the property.

The Toronto Preservation Board on November 26, 2009, considered the report (November 12, 2009), from the Director, Policy and Research, City Planning Division, respecting 2 O'Connor Drive - Alteration to a Heritage Property and Intention to Designate, Part IV, Section 29, Ontario Heritage Act and Authority to Enter into a Heritage Easement Agreement.

The Toronto Preservation Board considered a communication (November 26, 2009) from Michael McClelland, E.R.A. Architects Inc.

The Toronto and East York Community Council recommends that:

1.         City Council approve the alterations to the heritage property at 104 John Street, substantially in accordance with the Conservation Plan drawings prepared by Goldsmith Borgal & Company Ltd. Architects, dated June 17, 2009, and on file with the Manager, Heritage Preservation Services, subject to the following conditions:

a.         Prior to Zoning By-Law Amendment approval, the owner shall:

-           submit a Conservation and Rehabilitation Plan prepared by a qualified heritage consultant which has included the following items: (1) “blow-up” elevations and sections of the heritage property; (2) existing conditions assessment; (3) feasibility study to further explore the method in which relocation of the structure would occur so that the integrity of the heritage structure is not physically compromised.

b.         Prior to Site Plan approval, the owner shall:

-           provide additional information, based on the proposed Conservation Plan, to include documentation substantially in accordance with that outlined within Section 3.2.1 Option A (page 12) of the submitted Heritage Conservation Plan. Specifically, a detailed plan shall also be submitted to outline mitigation measures that address construction impacts relative to the on-site heritage structures;

-           submit plans for interpretive panels or other interpretive materials to communicate the development history of the property including the research content, design and location of the interpretive materials. The interpretation plan shall include panels or materials at both the existing location of the heritage building and the proposed location within the development site. All above components of the plan shall be to the satisfaction of the Manager of Heritage Preservation Services; and

-           provide a landscape plan for the subject property to the satisfaction of the Manager of Heritage Preservation Services.

c.         Prior to the issuance of any building permit, including a permit for the demolition, excavation, and/or shoring on the subject property, the owner shall:

-           provide a Letter of Credit in a form and in an amount satisfactory to the Manager, Heritage Preservation Services to secure all work included in the Conservation Plan; and

 -          provide final plans satisfactory to the Manager of Heritage Preservation Services.

d.         Prior to the release of the Letter of Credit the applicant shall:

-           provide evidence and documentation that the project scheme has been implemented, per the approved Conservation Plan, satisfactory to the Manager of Heritage Preservation Services.

2.         City Council state its intention to designate the property at 104 John Street under Part IV, Section 29 of the Ontario Heritage Act.

3.         If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV of the Ontario Heritage Act.

4.         If there are any objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the Clerk to refer the proposed designation to the Conservation Review Board.

5.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property.

6.         City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into a Heritage Easement Agreement.

This report addresses an application to permit a new 42-storey tower at the northeast corner of the site with an eight-storey building and six-storey podium covering the westerly half of the subject property. The project would include 443 residential condominium units, a hotel with 104 rooms and retail uses at the lower levels of the development. A total of 388 parking spaces are proposed to be located in an underground parking facility. The project includes relocation of the heritage building at 104 John Street from the northeast to southeast corner of the subject property. The structure would be moved approximately 57 metres southward along the John Street frontage from its current location.

This report recommends that City Council approve the proposed alterations to the heritage property at 104 John Street and also designate the property under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value as a rare surviving example of residential row architecture in the area formerly known as “New Town.” The property also contributes to the historic and contextual fabric that exists within the King-Spadina Secondary Plan area.

The Toronto Preservation Board on November 26, 2009, considered the report (November 5, 2009), from the Director, Policy and Research, City Planning Division, respecting 104 John Street - Alteration to a Heritage Property and Intention to Designate, Part IV, Section 29, Ontario Heritage Act and Authority to Enter Into a Heritage Easement Agreement.

The Toronto Preservation Board considered a submission (Undated), from Sharon Vattay, Goldsmith Borgal & Company Ltd., Architects.

The Toronto and East York Community Council recommends that

1.         City Council adopt the revised Reasons for Designation as set out in Attachment No. 4 of the report dated October 26, 2009 from the Director, Policy and Research, City Planning Division.

2.         Upon receipt of the owner’s withdrawal of its notice of objection, City Council authorize the City Solicitor to introduce a bill in Council with the amended Reasons for Designation as set out in Attachment No. 4, designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council amend the Reasons for Designation for the property at 129 St. Clair Avenue West (Deer Park United Church) as adopted by Council at its meeting of October 29 and 30, 2008, and that Council pass the by-law designating the property at 129 St. Clair Avenue West under Part IV, Section 29 of the Ontario Heritage Act.

Following its meeting of October 2008, City Council served notice of its intention to designate the property at 129 St. Clair Avenue West under Part IV, Section 29 of the Ontario Heritage Act.  On December 23, 2008, the legal representative of Deer Park United Church, owner of the subject property, submitted an objection to the notice of intention to designate and the matter was referred to the Conservation Review Board.  The owner has now agreed to withdraw its objections subject to minor revisions to the original Reasons for Designation (Attachment No. 3) and their replacement by the revised Reasons for Designation (Attachment No. 4).

Heritage Preservation Services is satisfied that the revised Reasons for Designation will ensure that the property’s cultural heritage values and attributes are preserved.

The Toronto Preservation Board on November 26, 2009, considered the report (October 26, 2009), from the Director, Policy and Research, City Planning Division, respecting 129 St. Clair Avenue West – Amendment to Reasons for Designation and Passage of Designating By-law under Part IV, Section 29 of the Ontario Heritage Act.

The Toronto and East York Community Council recommends that:

1.         City Council designate by by-law the area shown on Attachment No. 1 to the report dated November 10, 2009 from the Director, Policy and Research, City Planning Division, as the Kingswood Road South Heritage Conservation District, in accordance with Section 41 of the Ontario Heritage Act.

2.         City Council adopt by by-law the Kingswood Road South Heritage Conservation District Plan, dated June 5, 2009, as the District Plan for the Kingswood Road South Heritage Conservation District, for use by property owners, City staff, advisory committees and City Council when making decisions regarding matters set out under Section 42 of the Ontario Heritage Act.

3.         If there are any objections to the by-law under Section 41 of the Ontario Heritage Act, City Council authorize the City Solicitor to appear before the Ontario Municipal Board to defend the by-law.

4.         Until such time as the by-law designating the area as the Kingswood Road South Heritage Conservation District comes into force or is repealed, City Council direct that all properties within the area, unless designated under Part IV of the Ontario Heritage Act, be listed in the City’s Inventory of Heritage Properties.

5.         City Council direct that the height limit and minimum lot frontages in the zoning by-law be reviewed and amended as necessary to more closely match the guidelines in this District Plan.

The purpose of this report is to recommend the designation of the Kingswood Road South area as a Heritage Conservation District and to recommend the adoption of the district plan by by-law, as required under the Ontario Heritage Act (OHA). The District plan was prepared by E.R.A. Architects Inc. and was led by the community. Heritage Preservation Staff (HPS) have reviewed the plan and believe the plan meets the requirements of the OHA.

The Toronto Preservation Board on November 26, 2009, considered the report (November 10, 2009), from the Director, Policy and Research, City Planning Division, respecting Kingswood Road South Heritage Conservation District.

The Toronto Preservation Board considered the following:

a.         Communication (November 25, 2009) from Councillor Sandra Bussin, Beaches-East York Ward 32.

b.         Communication (Undated) from Councillor Sandra Bussin, Beaches-East York Ward 32.

The Toronto and East York Community Council deferred consideration of the report dated August 27, 2009, from the Director, Toronto Building, Toronto and East York District, respecting the Sign Variance for 1245 Dupont Street, until its next meeting to be held on February 9, 2010.

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 Dominic Rotundo of Pattison Sign Group, on behalf of Gallaria Mall Inc. for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit, for identification purposes, an illuminated pedestal sign containing an illuminated LED electronic changeable copy message centre at the northeast corner of the property at 1245 Dupont Street.

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

The Toronto and East York Community Council:

1.         Deferred consideration of the report dated December 11, 2009, from the Director, Toronto Building, Toronto and East York District, respecting the Sign Variance for 1467 Bathurst Street, until its next meeting to be held on February 9, 2010.

2.         Requested the Director, Toronto Building, Toronto and East York District, to meet with Councillor McConnell and Councillor Mihevc on this matter prior to the February 9, 2010, meeting of the Toronto and East York Community Council.

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 Sid Catalano of Pattison Outdoor, on behalf of Cross Town Car Wash, for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit replacement of an existing four-sided third party, illuminated pedestal sign with a newly designed four-sided third party, illuminated ground sign along St. Clair Avenue West frontage of the property at 1467 Bathurst Street.

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

The Toronto and East York Community Council:

1.         Deferred consideration of the report dated December 10, 2009, from the Director, Toronto Building, Toronto and East York District, respecting the Sign Variance for 624 St. Clair Avenue West, until its next meeting to be held on February 9, 2010.

2.         Requested the Director, Toronto Building, Toronto and East York District, to meet with Councillor McConnell and Councillor Mihevc on this sign prior to the February 9, 2010, meeting of the Toronto and East York Community Council.

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 Sid Catalano of Pattison Outdoor, on behalf of 857447 Ontario Inc., for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit replacement of an existing third party, four-sided illuminated pedestal sign with a newly designed four-sided illuminated ground sign for third party advertising purposes, along St. Clair Avenue West frontage of the property at 624 St. Clair Avenue West.

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

The Toronto and East York Community Council:

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 Sid Catalano of Pattison Outdoor, on behalf of Bathurst-Vaughan Mall, for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit replacement of four existing illuminated, third party, four-sided pedestal signs with four newly designed, four-sided illuminated third party ground signs.  Three of the four pedestal signs are located along the Bathurst street frontage and the fourth pedestal sign is located along the Vaughan Road frontage of the property at 21 Vaughan Road (see graphics attached to the report).

Staff recommends refusal of the application. The variance is major and not within the general intent and purpose of the Municipal Code. 

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 Sid Catalano of Pattison Outdoor, on behalf of Lombard Church Holdings Inc., for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to maintain, for third party advertising purposes, three four-sided illuminated ground signs at 114 Church Street.  These ground signs replaced previously existing legal non-conforming third party pedestal signs at these locations on the property.

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

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 Sid Catalano of Pattison Outdoor, on behalf of the Toronto Transit Commission, for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to maintain, for third party advertising purposes, two four-sided, illuminated ground signs along Front Street East frontage of the property at 154 Front Street East. These ground signs replaced previously existing legal non-conforming third party pedestal signs at these locations on the property.

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

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 Sid Catalano of Pattison Outdoor, on behalf of 271 Front Inc., for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to maintain, for third party advertising purposes, three four-sided, illuminated ground signs.  One of the three signs is located along Front Street Frontage and two signs are located along the Parliament Street frontage of the property at 271 Front Street East. These signs are replacement signs for legal non-conforming pedestal signs previously existing on the property.

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

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 Sid Catalano of Pattison Outdoor, on behalf of Brewer Retail, for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to maintain, for third party advertising purposes, two four-sided, illuminated ground signs along Gerrard Street frontage of the property at 227 Gerrard Street East.  These ground signs replaced previously existing legal non-conforming third party pedestal signs at these locations on the property.

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

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 Sid Catalano of Pattison Outdoor, on behalf of Oxford Properties Group, for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to maintain, for third party advertising purposes, five four-sided illuminated ground signs at 85 Harbour Street.  Although, these ground signs have replaced the previously existed five, four-sided, legal non-conforming third party pedestal signs at these locations on the property.

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

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 Sid Catalano of Pattison Outdoor, on behalf of Citypark Inc., for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to maintain, for third party advertising purposes, an illuminated, four-sided ground sign on the northwest corner of the property at 65 King Street East. This sign replaced an existing legal non-conforming third party pedestal sign.

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

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 Sid Catalano of Pattison Outdoor, on behalf of Joseph Haupert, for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to Maintain, for third party advertising purposes, an illuminated four-sided ground sign located on the northeast corner of the property at 307 Lakeshore Boulevard East. This ground signs replaced previously existing legal non-conforming third party pedestal signs at this location on the property.

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

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 Sid Catalano of Pattison Outdoor, on behalf of Glenvale Estates Inc., for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to maintain, for third party advertising purposes, a four-sided illuminated ground sign along Lower Sherbourne Street frontage of the property at 21 Lower Sherbourne Street. These ground signs replaced previously existing legal non-conforming third party pedestal signs at these locations on the property.

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

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 Sid Catalano of Pattison Outdoor, on behalf of Brewers Retail, for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to maintain, for third party advertising purposes, two illuminated, four-sided ground signs along River Street frontage of the property at 28 River Street. These signs replaced two previously existing third party pedestal signs.

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

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 Sid Catalano of Pattison Outdoor on behalf of Metropolitan Parking Inc. for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to maintain, for third party advertising purposes, three four-sided illuminated ground signs at 44 Victoria Street (25 Richmond Street East). These signs replaced previously existing legal non-conforming third party pedestal signs.

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

The Toronto and East York Community Council:

A.        Granted the appeal for front yard parking at 220 and 222 Kenilworth Avenue, with the following conditions:

1.         The parking spaces not exceed 2.4 m by 5.9 m in dimension, including the previously licensed spaces.

2.         The applicant remove the excess paving and restore the area to soft landscaping, as shown in Appendix ‘A’ Amended.

3.         The applicant remove the existing asphalt paving and repave the parking area with a “turf stone” type of permeable material, to the satisfaction of the General Manager of Transportation Services.

4.         The applicant pay for the removal of any obsolete ramping.

5.         The applicant provide the landscape features substantially in accordance with the plan as shown on Appendix ‘A1’ and ‘A2’ Amended, to the satisfaction of the General Manager of Transportation Services.

6.         The applicant plant a tree in accordance with the requirements of the City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards.  The tree shall be a full shade canopy tree or approved equivalent, to the satisfaction of the General Manager of Parks, Forestry and Recreation.  Where and if Urban Forestry has determined that the planting of a tree at this location is not feasible, the applicant shall pay for the planting of a tree, subject to the requirements of the City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards.

7.         The applicant pay all applicable fees and comply with all other criteria set out in the City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards.

B.        Requested the Chief Planner and Executive Director, City Planning, to review the manner in which the Toronto and East York Panel of the Committee of Adjustment addresses front yard parking issues and, if appropriate, provide advice to the Panel.

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

The Toronto and East York Community Council, at its meeting of March 26, 2009, deferred indefinitely the report entitled “Front Yard Parking Appeal for a Second Vehicle – 220 and 222 Kenilworth Avenue” (Item TE24.26).

Transportation Services staff met with the applicant and a revised landscape plan was agreed to.  The proposal increases the soft landscape area and landscaped open space on the public portion of the property.  The landscaped open space and soft landscaping requirements of the private portion continue to meet the Code.  To further increase the landscaped open space, the applicants agreed to reduce the size of the parking spaces while still maintaining compliance with the Code and utilizing a “turf stone” type product for the parking pads.  They are also eliminating the two separate walkways and instead utilizing a single shared walkway down the middle of the property.

Transportation Services acknowledges that the original report did not identify the specific type of dwelling.  At the time of the original application, the Toronto Property System noted that the property was a “residential property with three self contained units”.  This appeal is for a second vehicle as per the Committee of Adjustment decision (Appendices ‘B1’ and ‘B2’) to allow the conversion of the integral garage to habitable space.  The property will now contain four units at each address and therefore additional parking is required.

The Toronto and East York Community Council granted the request for front yard parking at 35 Wheeler Avenue, with the following conditions:

1.         The parking area not exceed 2.2 m by 5.3 m in dimension.

2.         The applicant pay for the installation of the ramp to service the parking space.

3.         The applicant provide the landscape features substantially in accordance with the plan as shown on Appendix ‘D’, to the satisfaction of the General Manager of Transportation Services.

4.         The applicant plant a tree in accordance with the requirements of the City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards.  The tree shall be a full shade canopy tree or approved equivalent, to the satisfaction of the General Manager of Parks, Forestry and Recreation.  Where and if Urban Forestry has determined that the planting of a tree at this location is not feasible, the applicant shall pay for the planting of a tree, subject to the requirements of the City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards.

5.         The applicant pay all applicable fees and comply with all other criteria set out in the City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards.

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

Transportation Services has assessed an appeal from the owner of 35 Wheeler Avenue for front yard parking.  We do not recommend approval for front yard parking at this location because it does not meet the requirements of the City of Toronto Municipal Code Chapter 918.  The owner will be given an opportunity to make a deputation before Community Council.

The Toronto and East York Community Council granted the request for front yard parking at 59 Willow Avenue, with the following conditions:

1.         The parking area be a minimum of 2.2 m in width and not exceed 2.6 m by 5.4 m in dimension.

2.         Heavy equipment not be used to repave the front yard.

3.         In order to meet the soft landscaping requirements, the applicant be required to remove the brick pavers and restore to green space as per Appendix ‘A’.

4.         The applicant provide the landscape features substantially in accordance with the plan as shown on Appendix ‘D’, to the satisfaction of the General Manager of Transportation Services.

5.         The applicant be required to aerate the soil around the roots of the tree.

6.         The applicant plant a tree in accordance with the requirements of the City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards.  The tree shall be a full shade canopy tree or approved equivalent, to the satisfaction of the General Manager of Parks, Forestry and Recreation.  Where and if Urban Forestry has determined that the planting of a tree at this location is not feasible, the applicant shall pay for the planting of a tree, subject to the requirements of the City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards.

7.         The applicant pay all applicable fees and comply with all other criteria set out in the City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards.

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

Transportation Services has assessed an appeal from the owner of 59 Willow Avenue for front yard parking.  We do not recommend approval for front yard parking at this location because it does not meet the requirements of the City of Toronto Municipal Code Chapter 918.  The owner will be given an opportunity to make a deputation before Community Council.

The Toronto and East York Community Council did not grant the fence exemption for 278 Symington Avenue.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The applicant is seeking exemption to the provisions of the City of Toronto Municipal Code, Chapter 447 Fences, Section 447-2(B), to extend the height of the existing fence, at the rear of the property, to exceed the maximum allowable height. The Fence By-law provides that a fence can be constructed to a height of 2.0 metres.

The section of wood fence on the north side of the property is constructed to a height of approximately 2.0 metres and 12.2 metres in length. The applicant is proposing to extend the height of this fence by 0.6 metres. This proposed extension on the height of the fence is not in compliance with the By-law.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The applicant, being the property owner is seeking exemption to the provisions of the City of Toronto Municipal Code, Chapter 447 Fences, Section 447-2(B), to permit a proposed wooden fence in the front yard, to exceed the maximum allowable height. The Fence By-law provides that a fence in the front yard area can be constructed to a height of 1.2 metres.

The proposed fences to be located in the front yard will consist of a section of wooden fence running parallel to the front lot line to the concrete block planter at the front of the house. This section of fence will range in height from 2 metres tapering to 1.35 metres, where it meets the concrete block planter and will be 6.15 metres in length. A second section of proposed wooden fence to be located on the east side of the front yard will be 2 metres in height and 1.8 metres in length. The two sections of proposed fence do not comply with the maximum permitted height of 1.2 metres for a front yard fence. (Attachments 1, 2 and 3)

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The applicant, being the property owner is seeking exemption to the provisions of the City of Toronto Municipal Code, Chapter 447 Fences, Section 447-2(B), to permit the existing fences in the front yard to exceed the maximum allowable height. The Fence By-law provides that a fence in the front yard area can be constructed to a height of 1.2 metres.

The fences in the front yard for which an exemption is being requested consist of a section of wooden fence 1.82 metres in height on top of a wooden deck and 3 separate sections of fence in front of the deck which vary from 1.52 to 1.9 metres in height. The combined length of the 4 sections of wooden fence is 11.88 metres. The 4 sections of fence do not comply with the maximum permitted height of 1.2 metres. (Attachments 1 and 2)

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The applicant, being the property owner is seeking exemption to the provisions of the City of Toronto Municipal Code, Chapter 447 Fences, Section 447-2(B), to permit the existing fence in the rear yard, to exceed the maximum allowable height.

The Fence By-law provides that a fence in the rear yard area can be constructed to a height of 2 metres. The fence in the rear yard for which an exemption is being requested consists of a wooden fence ranging from 2.38 metres to 2.74 metres in height and 28.04 metres in length situated on top of a block retaining wall located on the north side of the rear yard. The fence in the rear yard does not comply with the maximum permitted height of 2 metres. (Attachments 1 and 2)

In determining fence height where there is a grade change within 1 metre on either side of the subject fence the average height is used as a base for determining overall fence height. In this instance the wooden fence sits on top of a block retaining wall that has been constructed to a height ranging from 1.01 metres tapering to grade at the rear lot line therefore the maximum allowable fence height when averaged at ½ of 1.01 metres equals .51 metres as the base height already above grade that must be factored in when calculating overall fence height.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The applicant, being the property owner is seeking exemption to the provisions of the City of Toronto Municipal Code, Chapter 447 Fences, Section 447-2(B), to permit the existing fence in the rear yard, to exceed the maximum allowable height. The Fence By-law provides that a fence in the rear yard area can be constructed to a height of 2 metres.

The fence in the rear yard for which an exemption is being requested consists of a wooden fence ranging from 2.38 metres to 2.74 metres in height and 28.04 metres in length situated on top of a block retaining wall located on the south side of the rear yard.

The fence in the rear yard does not comply with the maximum permitted height of 2 metres. (Attachments 1 and 2)

In determining fence height where there is a grade change within 1 metre on either side of the subject fence the average height is used as a base for determining overall fence height. In this instance the wooden fence sits on top of a block retaining wall that has been constructed to a height of 1.01 metres therefore the allowable fence height when averaged at ½ of 1.01 metres equals .51 metres as the base height already above grade that must be factored in when calculating overall fence height.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The applicant, being the property owner is seeking exemption to the provisions of the City of Toronto Municipal Code, Chapter 447 Fences, Section 447-2(B), to permit the existing fences in the rear yard, to exceed the maximum allowable height. The Fence By-law provides that a fence in the rear yard area can be constructed to a height of 2 metres.

The fences in the rear yard for which an exemption is being requested consist of a wooden fence 2.13 metres in height and 11.28 metres in length located on the south side of the rear yard and a wooden fence 2.13 metres in height and 10.97 metres in length located on the north side of the rear yard. The fences on the south and north sides of the rear yard do not comply with the maximum permitted height of 2 metres. (Attachments 1 and 2)

The Toronto and East York Community Council approved the continuation of the boulevard café permit for 1186 Queen Street West with the existing operating conditions imposed by Toronto and East York Community Council at its meeting on May 6, 2008 as follows:

a.         The boulevard café shall be closed and cleared by 10:00 p.m., and no more than 35 people shall be present on the boulevard café at any time. In 2009, the closing shall be moved ahead to 10:30 p.m., and the capacity to 40. Starting in 2010, the closing time shall be moved to 11:00 p.m., and the capacity to 50. These annual increases in hours and capacity shall be subject to approval by the Toronto and East York Community Council.

b.         A barrier shall be erected of not less than 36 inches in height at the north end of the boulevard café.

c.         There shall be at least one tree planted on the boulevard café.

d.         Security staff shall make all reasonable efforts to ensure that customers and other people in the areas surrounding the establishment do not make excessive noise or engage in unruly behaviour, such as singing, shouting or using offensive language, until one hour after the closing of the establishment.

e.         The establishment shall not permit customers to bring or drink alcoholic beverages outside the licensed areas.

f.          No music or amplified sound shall be played, at any time, on the boulevard café.

g.         No loading, unloading, delivering, packing, unpacking or otherwise handling of containers, products or materials shall be permitted outside of the establishment between 11:00 p.m. and 7:00 a.m. (9:00 a.m. on Sunday and statutory holidays).

h.         Clearly visible signs, will be posted, at least 8.5” x 11” in dimensions, near each exit of the establishment, and any entrance to the boulevard café, reminding customers that people live nearby, and asking them to be respectful of neighbours by keeping noise to a minimum, and further signs shall be placed at the north end of the boulevard café and located on the Queen Street frontage of the establishment with the same or similar wording. The language, layout, and location of this signage shall be determined in co-operation with residents.

i.          Clearly visible signs, will be posted, at least 8.5” x 11” in dimensions, within the establishment and on the boulevard café stating that concerns regarding the establishment including noise levels and other disturbances should be brought to the attention of the management. The signage will also list other relevant contacts to whom to address concerns, including contact information for noise and licensing enforcement, the contact information for the residents association, the contact information for the City Councillor’s office, and contact information for the AGCO. The language, layout, and location of this signage shall be determined in co-operation with residents.

j.          An answering service will be provided as part of the establishment’s telephone service indicating the cellular phone number of the management for inquiries regarding emergencies, noise complaints or other concerns on the message. In addition, an email address will be made available for community members to contact regarding any concerns about the establishment on the corporate website. Residents will be able to quickly reach a manager or responsible staff member, when the establishment is open.

k.         The boulevard café shall adhere to all conditions of the Municipal Code, Chapter 313-36-F-2, with an exception provided for Item f., which requires that no part of a boulevard café may operate less than 25 metres from a residential zone.

l.          The establishment will, at all times, adhere to the City of Toronto Noise By-laws, and Federal and Provincial Workplace Health and Safety laws and regulations setting noise limits.

m.        The establishment agrees to a maximum sound level of 90 dBA. The establishment will mount a sound meter in a visible area within the premises, which will be operational at all times when the establishment is open for business, and will be configured to provide a visible indication of when a sound level of 90 dBA is exceeded. Should any laws or by-laws require a lower maximum dBA, they shall take precedence and the sound meter will be reconfigured to indicate when the lower maximum legislated dBA is exceeded.

n.         A member of the staff will be designated to ensure the conditions of this agreement are adhered to.

o.         These conditions shall come into effect either one month after the boulevard café is approved by Toronto and East York Community Council, or when the boulevard café opens for business, whichever is earlier.

p.         None of these conditions shall be removed or modified without public consultation with the neighbours.

q.         An informal poll of area residents will be conducted, in accordance with an agreement between the establishment and area residents confirmed by the City Councillor’s office, including a consultation that will include a public meeting and distribution of an informational flyer and ballot vote based on these conditions. This condition was completed on April 17, 2008.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The applicant is seeking approval to continue to operate the boulevard café at 1186 Queen Street West, operating as Brooklynn.

The Toronto and East York Community Council granted the Natural Garden exemption for 144 Manor Road East, with the condition that Municipal Licensing and Standards, Toronto and East York District, inspect the garden in the fall of 2010 and report back to the Community Council on the condition of the garden at this location.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The Grass and Weeds by-law provides that the owner or occupant of private land shall cut the grass and weeds on their land and remove the cuttings whenever the growth of grass and weeds exceeds 20 centimetres in height. The subject property has plant growth in excess of 20 centimetres in the front and rear yard areas for which the owner has applied for relief to be exempted as a natural garden. See Attachments 1 and 2.

The front and rear yards were inspected and the Natural Environment Inspector determined that the garden was not within the provision of the natural garden exemption requirements. See Attachment 3.

The Toronto and East York Community Council deferred consideration of the report dated October 20, 2009) from the Manager, Municipal Licensing and Standards, Toronto and East York District, respecting the Request for an Art Mural Exemption to the Toronto Municipal Code, Chapter 485 - Graffiti at 1386 Danforth Avenue, until such time as the Toronto Youth Cabinet has completed its consultation process with respect to Graffiti and reported out on this matter.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. The applicant is the property owner who has requested a review of a notice given for graffiti in accordance with the provisions of the City of Toronto Municipal Code, Chapter 485 Graffiti to give consideration to the wall markings being classed as an Art Mural.

The Graffiti by-law provides in section 4E. that an owner on whom a notice has been issued may request that the issuance of the notice be reviewed by the Toronto and East York Community Council on the basis that the markings are exempt as an art mural.

The Toronto and East York Community Council directed that:

1.         The vendor at the curb lane located at James Street, East Side, 15 metres north of Queen Street West be relocated.

2.         The Manager, Licensing Services, Municipal Licensing and Standards, Toronto and East York District be requested to work with the vendor to identify three other locations, given the changes to his present location.

3.         Should the process in relocating the vendor be unsuccessful, the Manager, Licensing Services, Municipal Licensing and Standards, be requested to report back to the Toronto and East York Community Council.

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

To report on a request received from the property owners at 20 Queen Street West to relocate the existing curb lane vendor located on the east side of James Street, 15 meters north of Queen Street West.

The building has undergone extensive renovations of the façade and lobby area and the property owners have indicated that the presence of the curb lane vendor does not compliment the building features or view from the lobby area.

The Toronto and East York Community Council:

1.         Approved the request for variances to permit, for identification purposes, an illuminated fascia sign at the third floor level, over the main entrance, on the west elevation of the building at 439 University Avenue.

2.         Directed the City Clerk's Office to advise the applicant, upon approval of a variance, of the requirement to obtain the necessary sign permits from the Chief Building Official.

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 Robert Manning of Gregory Signs Ltd., on behalf of David Thompson at 3339637 Canada Inc., for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit, for identification purposes, an illuminated fascia sign over the main entrance, at the third floor level, on the west elevation of the building at 439 University Avenue.

Staff recommends approval of the application. The variances are minor and within the general intent and purpose of the Municipal Code.

The Toronto and East York Community Council:

1.         Approved the requested variances to permit, for identification purposes, replacement of an existing ground sign with a newly designed illuminated ground sign containing an electronic message display copy and require that energy efficient lights be used.

2.         Directed that the sign be turned off from 11:00 p.m. to 7:00 a.m. by means of an automated timing device.

3.         Directed the City Clerk's Office to advise the applicant, upon approval of a variance, of the requirement to obtain the necessary sign permits from the Chief Building Official.

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 Isabella Cerelli with Pride Signs Ltd., on behalf of Toronto District School Board, for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit, for identification purposes, replacement of an existing ground sign with a newly designed illuminated ground sign, containing an electronic message display copy.  The sign is located on the northeast corner, along the Hanson Street frontage of the property at 1 Hanson Street.

Staff recommends approval of the application on a condition that the sign be turned off from 11:00 p.m. to 7:00 a.m. by means of an automated timing device.  The variances are minor and within the general intent and purpose of the Municipal Code.

The Toronto and East York Community Council recommends that:

1.         City Council request City Planning staff to initiate a rezoning for 10 Ordnance Street to redesignate the site from ‘I3D3’ (Industrial) to ‘G’ (Park Land).

2.         City Council direct staff to schedule a public community consultation meeting together with the Ward Councillor.

3.         City Council direct that notice for the community consultation meeting be given to all landowners and residents within 120 metres of the site.

4.         City Council direct that the notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

The report responds to a request from the Toronto and East York Community Council at its meeting of November 10, 2009, that the Chief Planner and Executive Director, City Planning Division prepare a report regarding the appropriate zoning of the City-owned land at 10 Ordnance Street, with a view to having the land classified as future parkland.

The land at 10 Ordnance Street is currently zoned I3D3 and used as a parking lot. The Fort York Pedestrian and Cycling Bridge is proposed to cross over the subject lands linking the Stanley Park South extension with the Fort York National Historic site. The bridge has been designed to provide for a future pedestrian connection down onto 10 Ordnance Street to allow better access to the King Liberty community.

Based on a preliminary review, City Planning staff believe there is merit in initiating a rezoning to redesignate the site ‘G’ Park Land. The rezoning process would allow staff to consult with the local community and allow the other relevant City divisions to comprehensively review the proposal.

The Toronto and East York Community Council directed that:

1.         Planning staff schedule a community consultation meeting together with the Ward Councillor.

2.         Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

3.         Notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to amend the Railway Lands Central and East Secondary Plans and the Railway Lands Central and East Zoning By-laws to permit a 13,912 square metre aquarium to the east of the CN Tower, and a 4,353 square metre commercial building on the west side of the base of the CN Tower. A mix of uses around the base of the CN Tower is currently permitted. This application will re-deploy that density to accommodate the proposed uses.

This report provides preliminary information on the above-noted applications and seeks Community Council's directions on further processing of the applications and on the community consultation process.

Staff are targeting a Community Consultation meeting for the first quarter of 2010, and a Final Report by the third quarter of 2010. These targets assume that the applicant will provide all required information in a timely manner.

The Toronto and East York Community Council directed that:

1.         Prior to the formal community consultation meeting, the applicant be requested to make changes to the proposed development for 66 to 76 Kippendavie Avenue to:

a.         move the access to the underground garage to Kippendavie Avenue;

b.         improve the garbage handling for the development; and

c.         meet the 50% landscaped open space requirement of the Zoning By-law.

2.         Staff schedule a community consultation meeting together with the Ward Councillor following review and comment by City staff on the revised plans.

3.         Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

4.         Notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes a four-storey apartment building at 66 to 76 Kippendavie Avenue.

This report provides preliminary information on the above-noted application and seeks Community Council's directions on further processing of the applications and on the community consultation process.

A public meeting will be scheduled in the first quarter of 2010.

The application has been circulated to City departments and external agencies, where appropriate, for comment.

The Toronto and East York Community Council:

1.         Approved the closure of the sidewalk and curb lane on the east side of Murray Street, from Elm Street to a point 34.0 metres north, from December 1, 2009, to September 30, 2010.

2.         Implemented a “No Stopping Anytime” regulation on the west side of Murray Street from Elm Street to a point 186 metres south of Orde Street.

3.         Implemented a “No Stopping Anytime” regulation on the east side of Murray Street from Elm Street to a point 34.0 metres further north.

4.         Rescinded the “No parking, 8:00 a.m. to 6:00 p.m., Monday to Friday” regulation on the west side of Murray Street from Elm Street to a point 186 metres south of Orde Street.

5.         Adjusted the “No parking Anytime” regulation on the east side of Murray Street from Elm Street to a point 146 metres south of Orde Street to indicate from a point 34.0 metres north of Elm Street to a point 146 metres south of Orde Street.

6.         Authorized staff to return Murray Street to its pre-construction traffic and parking regulations when the project is completed.

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

The Aecon Group Inc. is renovating a 12-storey building and constructing a new 13-storey building at 550 University Avenue, on the northwest corner of University Avenue and Elm Street.  For this reason, Transportation Services must close the sidewalk and curb lane on the east side of Murray Street for a period of 10 months.

The Toronto and East York Community Council recommends that:

1.         City Council approve the continuation of the closure of the sidewalk and curb lane on the east side of Bay Street, between Yorkville Avenue and Scollard Street, from February 28, 2010 to July 31, 2012.

2.         City Council direct that Bay Street be returned to its pre-construction traffic and parking regulations when the project is complete.

Bay-Yorkville Developments Limited is building a 52-storey hotel/condominium and a 26-storey condominium at 50 Yorkville Avenue, on the east side of Bay Street, between Yorkville Avenue and Scollard Street.   They need to continue to close the sidewalk and curb lane on the east side of Bay Street in order to complete construction.

The Toronto and East York Community Council recommends that:

1.         City Council approve the closure of the sidewalk and curb lane on the north side of Davenport Road, between a point 33.8 metres west of McMurrich Street and a point 62.2 metres west of McMurrich Street, from January 28, 2010 to July 15, 2010.

2.         City Council approve a “No Stopping Anytime” regulation on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

3.         City Council approve the removal of the existing “No Stopping, 3:30 p.m. to 6:30 p.m., except Sat, Sun, and Public Holidays” regulation on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

4.         City Council approve the removal of the existing “No Parking, 7:30 a.m. to 9:30 a.m., except Sat., Sun. and Public Holidays” regulation on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

5.         City Council approve the removal of the existing “One Hour Parking, 9:30 a.m. to 6:30 p.m., Mon. to Fri.; 8:00 a.m. to 6:00 p.m., Sat.” regulation on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

6.         City Council approve the removal of the existing Pay & Display parking regulations on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

7.         City Council direct that Davenport Road be returned to its pre-construction traffic and parking regulations when the project is completed.

Diamante Development Corporation is constructing a 22-storey condominium building at 76 Davenport Road, on the north side of Davenport Road at Bay Street.  Transportation Services has been requested to close the sidewalk and curb lane on the north side of Davenport Road for 6 months to facilitate construction.

The Toronto and East York Community Council recommends that:

1.         City Council approve the closure of the sidewalk on the north side of Front Street East, between Parliament Street and a point 38.9 metres west of Parliament Street, from January 28, 2010 to August 31, 2010.

Northway Construction Company Limited is constructing a 2-storey automotive dealership at 64-70 Parliament Street, on the west side of Parliament Street, between Front Street East and King Street East.  Transportation Services has been requested to close the sidewalk on the north side of Front Street East for 7 months to facilitate construction.

As part of this same project, Transportation Services has been requested to close the sidewalk on the west side of Parliament Street.  This issue is dealt with in a separate report “Sidewalk Closure – Parliament Street”, which requires Toronto and East York Community Council approval.

The Toronto and East York Community Council:

1.         Approved the closure of the sidewalk on the west side of Parliament Street, between Front Street East and King Street East, from January 13, 2010, to August 31, 2010.

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

Northway Construction Company Limited is constructing a 2-storey automotive dealership at 64-70 Parliament Street, on the west side of Parliament Street, between Front Street East and King Street East.  Transportation Services has been requested to close the sidewalk on the west side of Parliament Street for 7 months to facilitate construction.

As part of this same project, Transportation Services has been requested to close the sidewalk on the north side of Front Street East.  This issue is dealt with in a separate report “Sidewalk Closure – Front Street East”, which requires City Council approval.

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

Ferncastle Front Street Inc. is constructing a 57-storey condominium on the north side of The Esplanade at 8 The Esplanade, and a 31-storey condominium on the south side of The Esplanade at 5-7 The Esplanade, between Yonge Street and Scott Street.  Transportation Services has been requested to close the street and sidewalks on The Esplanade for 40 months to facilitate construction.

As part of this same condominium project, Transportation Services has been requested to close the sidewalk and curb lane on the east side of Yonge Street.  This issue is dealt with in a separate report “Lane and Sidewalk Closure – Yonge Street”, which requires City Council approval.

Ferncastle Front Street Inc. is constructing a 57-storey condominium on the north side of The Esplanade at 8 The Esplanade, and a 31-storey condominium on the south side of The Esplanade at 5-7 The Esplanade, on the east side of Yonge Street, between the CN rail bridge and Front Street.  Transportation Services has been requested to close the curb lane and east sidewalk on Yonge Street for 40 months to facilitate construction.