April 17, 1998

 To:East York Community Council

 From:Novina Wong

City Clerk

 Subject:Community Festival Applications by the Cypriot Community of Toronto Inc.

Wine Festival - June 27 and June 28, 1998

Summer Festival - August 1 - August 3, 1998

Purpose:

 To acquire Council=s approval of the community festival applications submitted by the Cypriot Community of Toronto Inc. for the Wine Festival to be held on Friday, June 27, 1998 and Saturday, June 28, 1998 and for the Summer Festival to be held on Saturday, August 1, 1998 to Monday, August 3, 1998.

 Funding Sources, Financial Implications and Impact Statement:

 The Cypriot Community of Toronto Inc. has submitted the appropriate application fees and the required deposits with respect to these festivals.

  Recommendations:

 It is recommended that:

 (1) the Wine Festival on Saturday, June 27, 1998 and Sunday, June 28, 1998, and for the Summer Festival to be held on Saturday, August 1, 1998 to Monday, August 3, 1998, hosted by the Cypriot Community of Toronto Inc. be deemed as Community Festivals in the City of Toronto;

 (2)City Council grant the Cypriot Community of Toronto Inc. community festival permits for the Wine Festival and the Summer Festival subject to the following conditions:

 (i)the aprroval by the East York Committee of Adjustment of an extension to the Temporary Use By-law No. 53-95 to permit community festivals in industrially zoned lands in the Leaside area;

(ii)that the applicant be responsible for arranging the private collection and disposal of all waste generated from the two festivals;

 (iii)that adequate garbage containers be supplied to the outdoor festival area to control litter within the permitted area or the surrounding properties;

 (iv)that appropriate barriers for liquor control be erected, portable washrooms and increased security be implemented as appropriate;

 (v)that the festival close at 1:00 a.m. in accordance with the submitted applications and that amplified sound cease in accordance with the following schedule:

 (a)Wine Festival Saturday, June 27, 1998 -12:00 midnight

Sunday, June 28, 1998 -11:00 p.m.

 (b)Summer FestivalSaturday, August 1, 1998 -12:00 midnight

Sunday, August 2, 1998 -11:00 p.m.

Monday, August 3, 1998 -11:00 p.m.

 (vi)that the applicant adhere to the standard conditions imposed by the City of Toronto Fire Department which shall be listed on the community festival permits.

 Council Reference/Background/History:

 In accordance with former Borough of East York By-law No. 67-95 entitled ABeing a by-law to regulate and licence community festivals and other places of amusement@, the Cypriot Community of Toronto Inc. submitted two applications to hold community festivals on their property at 6 Thorncliffe Park Drive. The Wine Festival shall be held on June 27, 1998 and June 28, 1998. The Summer Festival shall be held on August 1-3, 1998. The Cypriot Community of Toronto Inc. have held both of these festivals in past years.

 Comments and/or Discussion and/or Justification:

 When an event is categorized as a community festival, under the liquor licensing requirements, the Liquor License Board of Ontario requires the person/organization to acquire a sanction from the municipality where the event shall be held. To manage the various issues relating to community festivals, such as noise by-law requirements, parking issues, health regulations and garbage control, the Borough of East York adopted By-law No. 67-95 which regulates and licenses community festivals. (The Community Festival By-law)

 Under the Community Festival By-law, the Clerk is entitled to issue a permit for a community festival subject to the applicant meeting appropriate conditions outlined within the by-law. If the Clerk determined that it was appropriate to impose conditions, the applications may be referred to Council and Council may grant the Licence subject to certain terms and conditions.

Upon receipt of these applications, they were circulated to the Fire Department, Health Unit, Parks, Recreation and Operations Department, and Development Services Department for comments. The following comments were received:

 Fire Department:No objections to the festivals; however, the following requirements should be strictly adhered to:

 1.No open flames, candles permitted on tables etc.;

 2.All decorative materials are to be of non-combustible material or treated for flame resistance;

 3.Provide and maintain clear aisles to all exit doors;

 4.Provide portable fire extinguishers through the entire building and festival area in conformance with the fire code;

 5.Flammable compressed gas cylinders (propane) are not to be stored or used inside the building;

 6.The number of people permitted shall not exceed the occupant load as calculated by this department;

 7.Emergency procedures must be posted.

 Health Unit:No objections.

 Parks, Recreation1. The applicant shall be responsible for arranging the private collection and Operationsand disposal of all waste generated from these festivals;

Department:

2.Where the festival takes place outdoors, the applicant shall ensure adequate containers are provided to control litter and that the containers are emptied on a regular basis to ensure that litter does not become a problem on the permitted or surrounding properties;

 3.For any portion of the event to be held outdoors, the applicant shall ensure there is provision of barriers for liquor control, portable washrooms and increased security; and

 4.For the protection of nearby residents, the sound pressure level shall not exceed 100 decibels measured at a 100 foot radius. Noise levels above this limit are prohibited. (This is the policy that is used for festivals/events within parks; however, the Interim Functional Lead for By-law Enforcement is in agreement with this sound pressure level)

 Development 1.Community Festivals are permitted through the provisions of ServicesTemporary Use Zoning By-law Nos. 28-94 and 53-95 which permitted Department:community festivals in industrially zoned lands in the Leaside area.

The zoning by-laws were passed as temporary use by-laws to determine if community festivals had any significant impact on the community. By-law No. 28-94 expired after a period of one year. By-law No. 53-95 was passed on May 1, 1995, and expires on  May 1, 1998.

 Unfortunately, there will not be sufficient time to bring this issue before the East York Community Council and City Council in time for another by-law to be in force prior to the June 27th and June 28th event since these by-laws must go through the formal planning process.

 Planning staff have advised the applicant to apply for an extension of the by-law to the East York Committee of Adjustment. The applicant has been advised that the application before the Committee of Adjustment will be supported by staff. Staff will also be advising the Committee that it does not oppose the refund of the application fees. The meeting of the Committee of Adjustment where this issue will be discussed is scheduled for May 19, 1998.

 Further, planning staff is proposing to address the matter of the use of industrial lands for community festivals in a report to the East York Community Council in the near future;

 2.Currently, there is a structure located in the garden area of the property and the Cypriot Community of Toronto Inc. was requested by the Council of the Borough of East York to remove or legalize this structure by October 1, 1997. The Cypriot Community of Toronto Inc. Has made application to the East York Building Department to legalize this structure and are in the process of doing so; and

 3.Amplified sound shall cease in accordance with the following schedule:

 (a)Wine Festival-Saturday, June 27, 1998 -12:00 midnight

Sunday, June 28, 1998 -11:00 p.m.

 (b)Summer Festival-Saturday, August 1, 1998 - 12:00 midnight

Sunday, August 2, 1998 - 11:00 p.m.

Monday, August 3, 1998 - 11:00 p.m.

 Police Department:The Police shall be advised of the events; however, it is the responsibility of the applicant to ensure appropriate security is provided. The applicant has be asked to review their security plans with the Police Department and to provide comments to the Clerk=s Department prior to the May 6, 1998, East York Community Council meeting.

With respect to these applications, it is necessary to have Council impose conditions on the approval of the permit to ensure noise is kept within reasonable levels and that garbage is appropriately maintained and consistent with the type of event proposed, zoning issues are recognized and to address the legalization of the structure in the garden area at 6 Thorncliffe Park Avenue.

 The Cypriot Community of Toronto Inc. requires City Council to sanction the events at this time so that they can apply for the liquor license permit for the June event which must be submitted within 30 business days of the event. The Council can also approve the permit applications subject to the applicant meeting the noted conditions. Should the applicant fail to meet all the conditions imposed on them, the Clerk will not issue the permit. If there are major concerns with the ability of the applicant to meet the conditions or should the Committee of Adjustment fail to extend the by-law then these matters can be further reported to the May 27th meeting of the East York Community Council. It must be noted that the Committee of Adjustment decision has a 21 day appeal period which would expire in early June, after the June 3 and 4, 1998, City Council meeting.

 Conclusions:

 Staff recommends that the Wine Festival and the Summer Festival planned by the Cypriot Community of Toronto Inc. be sanctioned by the East York Community Council and the City Council and that the permit applications be conditionally approved. These events are culturally significant to the East York Community.

 Contact Name:

 Terry Fenton,

Interim Contact, East York Community Council

778-2002

Novina Wong

City Clerk