Public Meeting Held Under Section 34 of the Planning Act

with respect to Zoning By-law Amendments to permit

Community Festivals in Certain Areas of Ward One, East York

The East York Community Council, based on the findings of fact, conclusions and the recommendation contained in the following report (June 9, 1998) of the Commissioner of Development Services, East York, recommends the adoption of the following report (June  9, 1998) from the Commissioner of Development Services, East York subject to:

(1)limiting the total number of permitted days in a calendar year on any property to 10 days; and

(2)implementing a 70 metre set back on the north side of Overlea Boulevard opposite 7 and 15 Overlea Boulevard to provide a buffer zone to the new residential developments located at these addresses:

The East York Community Council reports having held a statuatory public meeting on June 24, 1998, in accordance with Section 34 of the Planning Act, and appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder.

Purpose:

To provide the East York Community Council with a staff opinion and recommendations on a proposal to permit Community Festivals in certain portions of the industrial areas in the East York planning area on a permanent basis.

This report is for the East York Community Council's meeting of June 24, 1998.

Source of Funds:

N.A.

Recommendation:

It is recommended that City Council pass amendments to Zoning By-laws 1916 and 6752 to permit Community Festivals in certain industrial areas of the East York planning area on a permanent basis.

Council Reference/Background/History:

Community Festivals are cultural or community events of a temporary nature, conducted by the municipality, or by a registered charitable or a not-for-profit group or organization.

In 1994, Council for the former Borough of East York passed Zoning by-laws 27-94 and 28-94 to permit Community Festivals in industrially zoned lands in the former Borough of East York for a period of one year. These Zoning By-laws were enacted as "temporary use" By-laws to allow the former Borough to determine if such uses were suitable as permanent permitted land uses.

On May 1, 1995, Council for the former Borough of East York passed Zoning By-laws 53-95 and 54-95 to permit Community Festivals as a temporary land use for a further 3 year period. These By-laws expired on May 1, 1998.

Discussion:

The recently expired Community Festival Zoning By-laws (Zoning By-laws 53-95 and 54-95) permit community festivals subject to the following conditions:

. they are restricted to certain portions of the former Borough's industrial areas which do not directly abut residential areas (see Appendices A and B to this report which are maps showing the areas were community festivals were permitted.);

. they are restricted to a total of 12 days in any calendar year on any property; and,

. they must provide a minimum of 1 parking space for every 7.5 sq. m. of gross floor area used for community festival purposes.

Applicants wishing to hold Community Festivals within areas in the former Borough of East York are required to apply for a Community Festival Licence. The licencing procedure controls issues such as: the time; date; duration; the number of attendees; security; the medical, sanitary and lavatory services; garbage services and other matters. These licencing procedures are separate from and in addition to the land use matters addressed in the Zoning by-law.

The East York Community has now had 4 years of experience with Community Festivals. In staff's opinion, this is an adequate time period to assess whether they should be permitted as a permanent land use in the Community.

During the past 4 years there have been some concerns expressed by members of the public regarding the parking and noise impacts of community festivals. The recently expired and proposed Zoning By-laws incorporate an adequate parking standard for the festivals. Due to the temporary nature of the festivals, if parking demand did exceed the supply of parking as set out in the by-law, this would not be a major inconvenience to the public and property owners in the area.

Noise issues are a valid concern. However noise issues can be controlled through the licencing process. Each Community Festival licence application is evaluated on its own merits and is brought before the Community Council for approval. Frequently the conditions of licence approval contain measures to reduce noise impacts such as restricting the hours of operation and/or prohibiting amplified music during certain time periods.

Conclusions:

The East York Community has permitted Community Festivals on a temporary basis over the past 4 years. No major issues related to the festivals, as a land use, have been reported. Therefore staff recommend that the Zoning By-laws for the East York Community be amended to permit Community Festivals on a permanent basis, subject to the following conditions:

. that they are restricted to certain portions of the former Borough's industrial areas which do not directly abut residential areas (see Appendices A and B to this report);

. that they are restricted to a total of 12 days on a property in any calendar year; and,

. that they must provide a minimum of 1 parking space for every 7.5 sq. m. of gross floor area used for community festival purposes.

Contact Name:

David Oikawa,

Director of Planning (East York)

778-2049

466-9877 (fax)

doikawa@borough.eastyork.on.ca

The East York Community Council also submits the following communication (May 22, 1998) from Mr. R. Bohlender, East York:

"Last year I moved from North York into a seniors' apartment on Thorncliffe Park Drive--2nd building south of Overlea Blvd. in East York.

From that moment there has been constant construction noise. Renovation of the apartment building across from me, road repairs, townhouse construction on Overlea, gas station renovation at corner of Overlea & Thorncliffe.

Last Sunday, about 7 a.m. there was what sounded like sand blasting. I telephoned the noise control number at 8 a.m. but did not receive a return call. Early this morning (about 4 a.m.) and continuing until I finally went to sleep hours later, there was the annoying backup signal from construction trucks.

Last summer there were several "festivals" in the neighbourhood spilling over 'til 11 p.m. or midnight. When I telephoned East York noise control I was told these people had a permit.

My objection is not to the festivals but to the incredible noise they create. Why are loud speakers necessary? Loud music and singing (?) And general bedlam kept me off my balcony numerous times last summer and now, according to your NOTICE in today paper, you plan to allow 12 days of this. That covers the whole summer.

I do not have air conditioning and I enjoy sitting on my balcony in the evenings. Now it appears I won't be able to do that--in fact, to drown out the earsplitting noise I must close all doors and windows. Even then, it is impossible to read or sleep until way past midnight when the "festivities" finally peter out.

This is a residential area. Consider the thousands of apartments and condos within hearing distance of the area you have designated for these festivals. Some are seniors' residences.

Why 12 days? Six days spread throughout the summer could be endured but 12 days just makes the weekend a dreaded event.

Last year I suggested to my landlord that tenants should be entitled to reduced rent for lack of "peaceful inhabitation". This summer it appears there will be no peace of your by-laws are approved.

Hopefully the number of days will not be approved and hopefully the cut-off time will be no later than 11 p.m.

The East York Community Council also submits the following communication (June 8, 1998) from James and Velma Carroll, East York:

If these festivals are anything like the Greek one that took place behind the OHIP building and went on for 3 days, or the one held in our schoolyard last year - our vote is a definite no. A lot of people on our street would vote the same way.

The "music" was bouncing off the walls of all the buildings. These things should only be held in a field miles from any residences.

No way do we want a repeat of this kind of festival.

Also in the newspaper notice it says Ward 1 June 24. Is the Thorncliffe one to be held on a different date?

The one last year in our schoolyard was heard by Michael Prue at his house. The noise travels.

(Copies of Appendix "A" and "B" attached hereto, are on file in the office of the City Clerk.)