TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on February 2, 3 and 4, 1999

YORK COMMUNITY COUNCIL

REPORT No. 1

1 Tree Removal By-law Ward 27,York Humber and Ward 28, York Eglinton

2 220 Bowie Avenue Zoning By-law Amendment Application Ward 28, York Eglinton

3 1202 Jane Street - Official Plan Amendment and Zoning By-law Amendment Applications Ward 27, York Humber

4 (i) Retention of Existing Turn Restrictions; and (ii) Reinstatement of Parking Meters in the Cedarvale Area Ward 28, York Eglinton

5 Y2K Preparedness Sub-Committee Ward 27, York Humber and Ward 28, York Eglinton

6 Other Items Considered by the Community Council

City of Toronto

REPORT No. 1

OF THE YORK COMMUNITY COUNCIL

(from its meeting on January 20, 1999,

submitted by Councillor Bill Saundercook, Chair)

As Considered by

The Council of the City of Toronto

on February 2, 3 and 4, 1999

1

Tree Removal By-law Ward 27,

York Humber and Ward 28, York Eglinton

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The York Community Council recommends the adoption of the following report (December 1, 1998) from the York Director of Parks:

Purpose:

The purpose of this report is to request Council to direct the Legal Services Division to prepare a by-law to approve the removal of City-owned trees. The properties and reasons for removal are described in this report.

Funding Sources, Financial Implications and Impact Status:

Removal and planting costs are approved in the 1998 Operating Budget.

Recommendations:

It is recommended that:

(1)the Legal Services Division be requested to prepare a by-law for the removal of City-owned trees;

(2)the forestry staff begin removal and planting; and

(3)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Comments:

In accordance with York policy, attached is a list of locations where trees located on City property have either been removed or are in need of removal and the reason for the request.

It should be noted that in each case, where a tree has been removed, the resident has agreed to permit the City to plant a replacement tree.

Conclusion:

Upon approval by Council, City forces will begin removal and planting of replacement trees.

Contact Name:

W.N. Kevin Bowser

Director of Parks

York Civic Centre

Tel: 394-2487Fax: 394-2707

(A copy of the list referred to in the foregoing report was forwarded to all members of Council, with the agenda of the York Community Council for the meeting of January 20 and 21, 1999, and a copy thereof is on file in the Clerk's Division, York Civic Centre.)

2

220 Bowie Avenue

Zoning By-law Amendment Application

Ward 28, York Eglinton

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The York Community Council, based on the findings of fact, conclusions and recommendations contained in the reports dated December 9, 1998 and January 20, 1999, from the Director, Community Planning, West District, and for the reason that the proposal is an appropriate use of the lands, recommends the adoption of recommendations (2), (3), (4) and (5) contained in the foregoing report dated December 9, 1998; and the adoption of the recommendation contained in the foregoing report dated January 20, 1999.

The York Community Council reports, for the information of Council, having held a statutory public meeting on January 21, 1999, in accordance with Section 34 of The Planning Act, and that appropriate notice of this meeting was given in accordance with The Planning Act and the regulations thereunder.

The York Community Council submits the following report (December 9, 1998) from the Director, Community Planning, West District:

Purpose:

To consider a proposal to amend Zoning By-law No. 1-83 with respect to the property located on the northeast corner of Caledonia Road and Bowie Avenue from PE-Prestige Employment Zone to R2-Residential Zone to permit the development of seven pairs of two and three storey semi-detached dwellings.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that:

(1)the application by Bowie Caledonia Developments Ltd. be referred to a Public Meeting to be scheduled in January 1999, to obtain the view of interested parties;

(2)the application be approved and York Zoning By-law No. 1-83 be amended in accordance with the draft Zoning By-law Amendment attached as Schedule 1 to this report;

(3)prior to the Community Council's consideration of the application and draft Zoning Bu-law, confirmation be provided to staff by a qualified acoustical engineer of the adequacy of the proposed buffer and/or separation including the incorporation of adequate mitigation measures, if required; and

(4)in the event of approval, authority be given to appropriate staff to prepare any necessary by-laws and/or enter into any necessary agreements to facilitate the conveyance, construction and dedication of the public lane to applicable city standards; and

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

Background:

In April 1998, an application was submitted by Bowie Caledonia Developments Ltd. For the development of seven pairs of two and three storey semi-detached dwellings.

Site Description and Surrounding Uses:

The 0.3 hectare (0.74 acres) rectangular site is locate don the northwest corner of Bowie Avenue and Caledonia Road, north of Eglinton Avenue West (Exhibit No.1). A vacant two-storey industrial building, previously used by Corbrook Sheltered Workshop for the purposes of providing light industrial activities for physically and mentally challenged individuals, remains on the site. Prior to this use, the building was occupied by a manufacturer and distributor of electric bushings and plastic screws and washers.

Surrounding lands to the east and south are zoned R2-Residential Zone (R2) and are occupied by single detached dwellings. Lands to the north and west opposite Caledonia Road and Schell Avenue are zoned PE-Prestige Employment Zone and contains an existing industrial use. The abutting property to the north is the remaining industry property in the block and is occupied by a one-storey industrial warehouse building. The north half of the building is occupied by a wholesale/retail used vehicle sales establishment. The south half is currently vacant.

Proposal:

The project would consist of four pairs of two-storey sem-detached dwellings oriented towards Caledonia Road, and three pairs of 3-storey semi-detached dwellings, which will front onto Bowie Avenue. A proposed 7.5 metres (25 feet) public lane (proposed to be dedicated to the City) from Bowie Avenue would be provided at the rear of dwellings fronting on Caledonia Road to give vehicle access to four pairs of rear yard garages associated with those dwellings. Dwelling units which front onto Bowie Avenue will have driveways leading to at-grade built-in garages and will gain access directly from Bowie Avenue.

Exhibits Nos. 1 and 2 are key maps showing the site in relation to zoning and existing development in the area. Exhibits Nos. 3 and 4 are the site plan and elevations, respectively. A summary of site statistics is provided below:

Official Plan:Prestige Employment

Zoning:Existing - PE-Prestige Employment Zone

Proposed - R2-Residential Zone (R2)

Site Area:0.3 ha(0.75 ac.)

Units14

Density:46 uph18upa

G.F.A.2493 m226,840 sq. Ft.

F.S.I.0.83

Coverage:1 087.3 m211,704 sq. ft.(42%)*

Landscaped Area:1 098.1 m211,820 sq. ft.(42%)

Paved area:92.9 m21,000 sq. ft.(16%)**

Parking Required:14 spaces

Parking provided:20 spaces***

*(excludes garages (167 m2) and decks)

**(excludes the area (555.m2) devoted to the proposed public lane)

***(consists of 14 parking spaces required to comply with minimum by-law standard (1 space per dwelling unit) and 6 additional driveway spaces at the front of those units fronting onto Bowie Avenue.)

The proposal consists of grade-related semi-detached dwellings oriented towards Caledonia Road, and Bowie Avenue. All of the dwellings would be freehold ranging from two to three-storeys (8 metres and 9.4 metres (26.6 feet and 31 feet) in height only slightly greater than the existing adjacent single detached dwellings, the east unit widths would generally be 4.8 metres to 5 metres (16 feet to 16.6 feet) and lot depths would be 28 metres to 33 metres (92 feet to 108 feet). Mutual easements are proposed between each pair of semi-detached dwellings for maintenance and access purposes. The applicant has been advised that the easements as well as the rear public lane must be conveyed as part of a part lot control and/or consent process.

Each of the Caledonia Road dwelling units would be approximately 153 m2 (1,649 square feet) in size and approximately 8 metres (26.6 feet) in height and would contain two levels of living space plus a basement level. The Bowie Avenue units would be approximately 211 m2 (2,271 square feet) in size and 9 metres (31 feet) in height and contain three levels of living space (Exhibits Nos. 3 and 4).

Residential front years would be approximately 2.4 metres (8 feet) in depth for those units fronting onto Caledonia Road and 4.5 metres (15 feet) for those units on Bowie Avenue. The minimum residential rear yard depth would be 14 metres (46 feet) including the area of the detached garage, except for those units on Bowie Avenue, where it would be 6.4 metres (21 feet). Landscaping would be provided in individual rear and front yards and within the public boulevards along Caledonia Road and Bowie Avenue.

Residential parking for those units fronting onto Caledonia Road would be provided in detached single car garages set back 0.3 metres (1.0 foot) from the proposed public lane at the rear of the dwellings and for those units on Bowie Avenue parking would be provided in attached built-in garages set back 5.4 metres and 6 metres (18 feet and 19 feet) due to the angular alignment of Bowie Avenue and Caledonia Road. A second (regular or slightly undersized in terms of length) parking space may be available on the driveway of each lot.

Comment:

Official Plan and Zoning By-law:

The site is designated Prestige Employment in the York Official Plan. This designation generally provides for a wide range of employment activities, industries, offices, design centres, business service establishments, recreational establishments and restaurants. Residential and live/work uses may, without amendment to the Official Plan, be introduced subject to certain criteria (contained within Section 12.8 of the Plan) for considering the appropriateness of the residential use proposal.

Staff have evaluated the application based on the criteria contained in Section 12.8 of the Plan, and are of the opinion that the proposed, use generally satisfies those criteria as further discussed in Exhibit No. 5. A review of the Metropolitan Official Plan has not identified any City-wide issues.

While the subject side abuts an existing industrial use to the north, the Prestige Employment designation permits the redevelopment of this and surrounding industrial properties for residential purposes (subject to the above-noted criteria), thus allowing for land use compatibility with the existing residential uses east and south of the subject site to be achieved over time.

In the event of approval, appropriate development standards regarding floor space index, building height, parking, setbacks, coverage, landscaped areas and a maximum number of units should be included in a site specific by-law.

Land Use and Site Design Considerations:

The site is located in an area with access to Caledonia Road and to Eglinton Avenue West which has been identified as a Metropolitan Arterial Roadway. Public transit is available on both Caledonia Road and Eglinton Avenue West. The Works Department has not identified any concerns with respect to the capacity of the local roadway system to support the development.

While the proposed residential development would be compatible with the neighbourhood to the east and south, as proposed, it would place residential development in close proximity to existing industrial uses on Caledonia Road. The balance of the lands opposite Caledonia Road will remain designated for employment opportunities.

Staff reviewed the application within the context of the Ministry of Environment and Energy's "Guidelines on Separation Distances Between Industrial and Sensitive Land Uses", and requested the applicant to provide an adequate buffer and /or separation distance between the northerly boundary of this proposed development, and the continuing industrial use of the lands which it abuts. In response to staff's request, the applicant has proposed a buffer which includes a 2.0 to 3.0 meters (7 to 10 feet) sideyard setback; intensified landscaping within said sideyard; and, a 1.8 to 3.6 meters (6 to 12 feet) high noise attenuation screen fence. The adequacy of the proposed buffer/separation including the incorporation of mitigation measures (i.e. air-conditioning, fences, intensified landscaping, berms etc.), shall be confirmed by a qualified acoustical engineer prior to Community Council's consideration of the amending by-law.

A second measure of protection can be provided for these industries by requiring appropriate warning clauses registered on title to the lands through consent or Site Plan Agreements. The clauses would advise future owners and occupants of existing industrial uses in the area.

If the separation and/or buffer between the two uses and mitigation measures proposed by the applicant are confirmed to be adequate by a qualified acoustical engineer and appropriate warning clauses are used, potential land use conflicts between the existing industrial use and residential development should not arise.

Agency/Department Circulation:

In response to the circulation of plans submitted in support of this application the Community Services - Municipal Standards Division and Fire Department have expressed no concerns regarding the proposal.

Comments from the Toronto Public School Board has advised that the students anticipated from the proposed development can be accommodated at Fairbanks Memorial School, Fairbanks Middle School, and York Memorial. The Toronto Separate School Board advises that anticipated students could be accommodated at St. Thomas Aquinas Catholic School and Marshall McLuhan Catholic Secondary School. Parks Department comments remain outstanding.

The Professional Services Division of the Works Department has advised that the existing watermain on Caledonia Road can accommodate the development. The applicant would be required to provide municipal sewer, curbs and sidewalks that are absent on Bowie Avenue. A storm water management report which includes a grading report and underground storm water retention facilities will also be required. Works staff have also noted that the proposed 6 meters (20 feet) public lane is deficient in width and suggest that the lane be designated as a private road or right-of-way. In order for the City to accept the lane as public, Works staff suggest that the lane be increased to a minimum width of approximately 7.5 meters (25 feet). To accommodate a 6 meters (20 feet) wide paved portion, and 1.2 meters (4 feet) wide boulevard portion and a 0.3 meters (1 feet) reserve along the north and east side of the public lane (Exhibit No.6).

Environmental Matters:

The site was formerly used for industrial purposes and soil contamination may be an issue. The applicant has been advised that an investigation of the site should be undertaken by a qualified environmental consultants, and that a Record of Site Condition, which includes an affidavit of the consultants and Ministry of Environment and Energy acknowledgment of receipt of the record, must be received by the City prior to a building permit(s) being issued for the residential use of the site. The Record of Site Condition as it pertains to the public lane portion of the site to be conveyed to the City, shall be subject to a peer review to confirm that the public lane lands meet the current Ministry of Environment and Energy's "Guidelines for Use at Contaminated Sites in Ontario". This process is in accordance with the Interim Policy and Regulation Approach for Development Applications on Contaminated Sites, which was adopted by the former City of York Council on December 11, 1996.

The provision will be included in the amending Zoning By-law to require that prior to the issuance of a Building Permit(s) for the semi-detached dwelling development, a Record of Site Condition (which has passed an applicable Ministry of Environment and Energy audit, if applicable) be submitted to the City and that the suitable use of the land as set out in the Record is consistent with the use for which the building permit(s) has been requested.

Given the presence of current industrial uses immediately to the north and west, the developer will also be required to include warning clauses in all Purchase and Sale and/or Lease Agreements, advising of industrial land uses in the area to the satisfaction of the City Solicitor. Provision of these clauses would be secured by agreement as part of the site plan approval or consent process.

Further Planning Approvals and Agreements:

As the lands are subject to Site Plan Control, the applicant would also be required to submit detailed site plans for review and approval. All of the foregoing would require confirmation that the lands can be developed as proposed, and additional agreements entered into (i.e. Site Plan Control, etc.).

The applicant is requesting freehold tenure with the sale of individual lots to be facilitated through the consent process and/or the lifting of part-lot control. No application to either the Committee of Adjustment or the lifting of part-lot control has yet been received. Either process can be utilized to secure the public lane which would be dedicated, following conveyance to the City. In order to allow for the dedication, staff should be authorized to bring forward the necessary lane dedication by-law, at the appropriate time. The construction of the public lane including approved works and services, could be secured through an agreement as part o the Site Plan approval or Consent processes, and authorization should be given to staff to enter into any necessary consent agreement(s).

Conclusions:

This Department has evaluated the application within the context of the policies of the Official Plan and is of the opinion that the proposed use is appropriate. The subject property is designated Prestige Employment and the proposed rezoning generally complies with the criteria set out in Section 12.8 of the Official Plan for the introduction of residential uses in Employment designations.

Notwithstanding the project's general compliance with the Official Plan criteria, the rezoning would leave one remaining industrial parcel within a predominantly residential area. If, however, the separation and buffer between the two uses, and mitigation measures (i.e. air-conditioning, fences, intensified landscaping, berms etc.) proposed by the applicant are confirmed to be adequate by a qualified acoustical engineer, potential land use conflicts between the existing industrial use and residential development should be avoided.

It is therefore recommended that a Public Meeting be held to obtain the views of the surrounding property owners and community. In the event of approval, the following conditions should apply:

Conditions to Approval:

1.Prior to Community Council's consideration of the approval of the application and draft Zoning By-law, the applicant shall provide confirmation by a qualified acoustical engineer of the adequacy of the proposed buffer and/or separation including the incorporation of adequate mitigation measures, if required.

2.A site specific amending by-law satisfactory to the City Solicitor and in accordance with the draft Zoning By-law attached as Schedule 1, shall be recommended for approval. The draft Zoning By-law provides for the rezoning of the site from PE-Prestige Employment to Rw-Residential Zone and will provide for the submission of a Record of Site Condition confirming that the suitable use of the land as set out in the Record is consistent with the use for which the building permit(s) has been requested. The By-law will further make provision for lot frontage, unit width, lot area, floor space index, building height, setbacks, coverage, parking, landscaping, fencing and maximum number of units.

3.Further detailed consideration of the proposal under Site Plan Control to include inter alia:

(i)Signing of a Site Control Agreement, which may include the provisions of warning clauses in all Purchase and Sale and/or Lease Agreements, advising of industrial land uses in the area, and payment of necessary fees associated with the preparation, execution and registration of same, to the satisfaction of City staff and City Solicitor.

(ii)Submission of a landscaping plan detailing fencing, curbing, grading, retaining walls, street trees, planting, noise attenuation features, to the satisfaction of City staff, and posting of an appropriate financial guarantee to ensure compliance with the approved plans.

(iii)Provision of on-site services including a stormwater management facility and the submission of a grading plan, the signing of agreements, and the posting of financial guarantees, if required by the Works Department.

(iv)The conveyance and/or provision for the conveyance of the public lane to the satisfaction of City staff and the City Solicitor.

(v)The developer to pay the prevailing development charges in effect at the time of issuance of building permits and five percent cash in lieu of parkland dedication.

Contact Name:

Paul Stellato, MCIP, RPPTel: (416) 394-6004

Community Planning, West DistrictFax: (416) 394-6063

(Copies of Exhibit No. 1- Location Map; Exhibit No. 2 - Site Plan; Exhibits Nos. 3 and 4 - Elevations; Exhibit No. 5 - Official Plan Criteria, Section 12.8; Exhibit No. 6 - Professional Services Comment; and Schedule 1 - Draft Zoning By-law, were forwarded to members of Council with the agenda for the York Community Council meeting on January 20, 1999, and copies are on file in the Clerk's Division, York Civic Centre.)

The York Community Council also submits the following Supplementary Report (January 20, 1999) from the Director of Community Planning, West District:

Purpose:

To provide York Community Council with an amended draft Zoning By-law regarding a proposal to amend Zoning By-law 1-83 by Bowie Caledonia Developments Ltd. which will be before Community Council at a Public Meeting scheduled for January 21, 1999.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that in the amended draft Zoning By-law Amendment attached as Schedule 1 to this report worded to the satisfaction of the City Solicitor replace the draft Zoning By-law amendment attached to the main report.

Comment:

A Public Meeting has been scheduled on January 21, 1999, for Community Council's consideration of an application by Bowie Caledonia Developments Ltd. to amend Zoning By-law 1-83 with respect to the property located on the northeast corner of Caledonia Road and Bowie Avenue from PE-Prestige Employment Zone to R2-Residential Zone to permit the development of seven pairs of two and three storey semi-detached dwellings.

As part of the preparation of the staff report, staff also prepared a draft Zoning By-law amendment for Community Council's consideration at this meeting. Staff have since corrected technical typographical and mapping errors and have revised the draft by-law accordingly. The revised draft By-law is provided as a replacement to the draft by-law contained in the main report.

Contact Name:

Paulo Stellato, MCIP, RPPTel: (416)394-6004

Community Planning, West DistrictFax: (416)394-6063

Schedule 1: Draft Zoning By-law

CITY OF TORONTO

BY-LAW NO.

TO AMEND former City of York

By-law Number 1-83

(Re:220 Bowie Avenue)

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990 c.P.13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

SECTION 6 - AMENDED

1.That Section 6 of Zoning By-law 1-83, as amended, of the former City of York, be further amended by adding a new Subsection (57) as follows:

"(57)MAP 24

By changing the area shown on District Map 24, municipally known as 220 Bowie Avenue and more particularly described in Schedule "A" hereto, from a PE District to an R2 District and by changing District Map 24 accordingly."

SECTION 16 AMENDED

2.That Section 16 of Zoning By-law Number 1-83, as amended, of the former City of York, be and the same is hereby further amended by adding a new Subsection (381) as follows:

"(381) LANDS -220 BOWIE AVENUE

Notwithstanding the provisions of Subsections 3.1.4, 3.3.2, 3.3.3, and Section 8 of this By-law, the lands municipally known as 220 Bowie Avenue which lands are more particularly described in Schedule "A" hereto and shown on the plan attached as Schedule "B" hereto, (hereinafter referred to as "the Lands") may be used for the purpose of erecting and using semi-detached houses, and accessory buildings, structures and uses subject to the following provisions:

(a)a maximum of 14 semi-detached houses shall be permitted;

(b)there shall not be more than one building, other than permitted accessory buildings on any lot, but for the purpose of this paragraph, one pair of semi-detached houses shall be considered to be one building;

(c)the minimum lot frontage for each semi-detached house shall be 5.2 metres, save and except for the minimum lot frontage of the northerly most semi-detached house which shall be 7.0 metres;

(d)the maximum height of building shall be 11 metres, with not more than 3 storeys;

(e)the minimum front yard setback, rear yard depth and side yard width for all dwellings shall be measured from the main walls of the dwellings and shall be as shown on the plan attached as Schedule "B" hereto;

(f)the maximum floor space index for the Lands shall be 0.84;

(g)a minimum of 29 % of the area of the front yard of each semi-detached house on a lot fronting on Caledonia Avenue shall be maintained as Green Landscaped Open Space and a minimum of 18 % of the area of the front yard of each semi-detached house on a lot fronting on Bowie Avenue shall be maintained as Green Open Space;

(h)the portion of the Lands indicated as public lane and reserves shall be conveyed to the City and the portion indicated as public lane shall be dedicated by City By-law as public lane;

(i)access to the parking facilities for the semi-detached houses on lots fronting onto Caledonia Road shall be from the public lane at the rear of the lots;

(j)A building permit for the construction of the semi-detached houses, other than a foundation permit, shall not be issued in respect of the Lands, unless:

(i)the Chief Building Official for the City is in receipt of a completed "Record of Site Condition" pursuant to the Ministry of the Environment "Guideline for Use at Contaminated Sites in Ontario, February 1997", as amended or updated, marked as having been received by the Ministry of Environment along with a letter from the Ministry of Environment advising that the Record of Site Condition is not subject to an audit review; or, alternatively, a letter from the Ministry of Environment advising that the Record of Site Condition has passed a Ministry audit for compliance with the Guideline; and

(ii)the suitable use or uses for the Lands set out in Part 3 of the "Record of Site Conditions" is consistent with the use or uses for which the Building Permit application has been made; and

(k)All other provisions of this By-law shall continue to apply except in the case where those provisions are in conflict with the provisions of this Subsection, in which case the provisions of this Subsection shall prevail."

3.Subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990 c.P.13 this By-law shall come into force and effect on the date of its passing.

ENACTED and PASSED this day of , 1999.

The York Community Council also submits the following communication (December 22, 1998) from the Real Estate Management, Canadian National Railway:

We have reviewed your letter dated 21 December 1998, regarding the above-noted application and have the following comments:

1.The Owner is required to insert the following warning clause in all development agreements, offers to purchase, agreements of Purchase and Sale or Lease and include in a Noise Impact Statement:

"Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the rail facilities on such right-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid right-of-way."

2.The Owner is required to engage a consultant to undertake an analysis of noise and vibration and provide abatement measures necessary to achieve the maximum level limits set by the Ministry of Environment and Canadian National.

We request receiving notice of the Amendment being approved.

Should you have any further questions, please do not hesitate to contact the undersigned at (416) 217-6961.

________

There were no written or verbal submissions regarding the foregoing matter.

Insert Table/Map No. 1

Exhibit No. 1 - Bowie Caledonia Developments Limited - 220 Bowie Avenue

Insert Table/Map No. 2

Exhibit No. 2

Insert Table/Map No. 3

Exhibit No. 3

Insert Table/Map No. 4

Exhibit No. 4

3

1202 Jane Street - Official Plan Amendment and

Zoning By-law Amendment Applications

Ward 27, York Humber

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The York Community Council, based on the findings of fact, conclusions and recommendations contained in the following report dated December 22, 1998 from the Director of Community Planning, West District, and for the reason that the proposal is an appropriate use of the lands, recommends the adoption of the foregoing report:

Purpose:

To consider Official Plan and Zoning By-law Amendments to legalize the use of an existing multiple dwelling house with four apartment units on the above noted property.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that:

(1)the Official Plan for the former City of York be amended generally in accordance with the draft Official Plan Amendment attached as Schedule 1 to this report;

(2)the Zoning By-law 1-83 for the former City of York be amended generally in accordance with the draft Zoning By-law attached as Schedule 2 to this report and worded to the satisfaction of the City Solicitor; and

(3)the introduction of Bills to adopt the Official Plan Amendment and to pass the Zoning By-law be conditional upon the following:

(a)the owner making application for and receiving City approval to permit the existing multiple dwelling house to encroach on the road allowance;

(b)the owner arranging for an inspection of the premises by the City Building Division inspectors and City Fire Prevention Division inspectors;

(c)the Building Division , West District and the Fire Prevention Division advising that the premises comply with Building Code and Fire Code requirements;

(d)the owner submitting a revised site plan to illustrate the provision of an additional parking space in the rear yard adjoining the existing private garage; and,

(e)Toronto Hydro advising that satisfactory arrangement have been made to satisfy their requirements;

(4)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

Location and Site:

The site is located on the north-west corner of Jane Street and Goldwin Avenue (see Appendix 1- Location Map). The site has an area of 316.42 m2 (3,406 ft2), with a depth of 33.2 m. (109 ft.) and width of 9.44 m. (31 ft). The following uses are adjacent to the subject property:

North:single and semi-detached dwellings

East:on the east side of Jane Street - Bala Avenue Public School and single and semi-detached houses

West:single and semi-detached houses

South:single and semi-detached houses

A three storey plus basement dwelling house which has been converted to a multiple dwelling house containing four units without a building permit is located on the site. The conversion occurred after 1986 when the house was changed to six units, without a building permit. The number of units has been reduced to four (also without a building permit) by the present owner.

The building has a gross floor area of 328.98 m2 (3,541.2 ft2). A detached garage, which accommodates two parking spaces and one narrower parking space, is located in the rear yard and accessed by an 8 metre wide driveway from Goldwin Avenue. All three parking spaces meet the minimum parking space length requirement of the Zoning By-law by using part of the driveway in front of the garage. The remainder of the rear yard is landscaped open space. (See Appendix 2 - Site Plan and Appendix 4- Elevations).

Proposal

The applicant wishes to retain the four illegally constructed units at a floor space index of 1.03 with two regulation and one narrower parking spaces in the rear garage.

The four units are situated within the building at 1202 Jane Street as follows: one in the basement, two on the ground floor, and one large unit which includes both the second and third floors (see Appendix 4 - Floor Plans). The units have the following floor areas:

Basement:67.2 m2

First:67.2 m2 and 38.1 m2

Second/Third:141.88 m2

Official Plan and Zoning:

The Official Plan designates the site as a Low Density Residential Area. This designation allows family detached, semi-detached, duplex, converted dwellings and home occupations. The proposal requires an Official Plan Amendment as a multiple dwelling house is not an allowed use.

The Zoning By-law designates the site as R2. This designation allows a limited range of residential and ancillary uses, and regulates these uses with respect to density, setbacks, etc. The proposal requires a rezoning as this multiple dwelling house is not a permitted use within the zone.

Comment:

Departmental Comments:

The Fire Department has no comments. Works and Emergency Services requirements for the provision of parking will be satisfied. The Buildings Department requires compliance with Part 11 of the Ontario Building Code. The Toronto School Board is able to accommodate any children from the development. Toronto Hydro requires suitable metering arrangements.

Conformity with the Official Plan:

Section 9.10 of the Plan indicates that Council will only consider favourably those applications in Low Density Areas, requesting Medium or High Density Uses, which comply with the following

-adequacy of transportation network

-adequacy of supporting services

-suitability of density

-relationship of site to adjacent low density areas

The site is located on an arterial road and the transportation network is adequate for the additional three units. The supporting services consist of schools, playgrounds, parks, and hospital which serve the needs of the tenants.

The existing house is located on a large corner lot. No additions are proposed to the house to accommodate the four units. There is adequate landscaped open space available to the residents of the subject property.

The relationship of the site to adjacent low density areas was examined. Except for the school across the street, the site has detached and semi-detached houses surrounding it. The impacts of increased traffic and visual effects of the higher density use, due to the small number of units which will be contained in the existing building.

The existence of four units in the subject building does appear to meet the criteria of the Official Plan for allowing amendments to that Plan when considering medium density uses in this Low Density Residential Area.

Parking:

On-site parking is being provided for three of the four units. Existing Zoning By-law standards require one parking space per unit. Therefore, in this instance four parking spaces would be required. Two regulation parking spaces and one narrower space are located in a rear garage which has access from Goldwin Avenue. The undersized space is still large enough for a compact car to park in the garage.

An additional parking space is required to comply with the parking provisions of the Zoning By-law regulation of one parking space to be provided for each residential unit. The additional parking space can be provided in the rear yard adjoining the existing parking garage with access from the existing driveway. This will entail the removal of a stone barbecue structure. It is recommended, as a condition of approval, that the owner submit a revised plan showing the provision of an additional parking space, as noted above.

Building Encroachment onto City Property:

The south wall of the existing structure currently encroaches into the Goldwin Avenue road allowance. As a condition of approval it is recommended that the owner be required to make an application and receive approval from the City of Toronto for permission to encroach on the road allowance.

Building and Fire Code Compliance:

Since the units already exist, staff are concerned that they may not comply with Building and Fire Code regulations. It is therefore recommended, as a condition of approval, that the owner arrange for an inspection of the premises by City Building Division inspectors and City Fire Prevention inspectors, and that Building Division and Fire Prevention Division advise that the premises comply with Building and Fire Codes.

Conclusion:

This multiple unit dwelling house is located on an arterial road, and is well served by transit, parks and schools. It is buffered on two sides from low density houses by roads, and on the other two sides by fencing. The existence of 4 units within the building will have little impact upon the surrounding neighbourhood and will meet the criteria for residential intensification outlined in the Official Plan. The Official Plan Amendment and Zoning By-law Amendment attached as Schedules 1 and 2 respectively, are recommended for approval, subject to the conditions noted in this report.

Contact Name:

Wendy Johncox, Senior Planner

York Civic Centre

Tel: (416) 394-2868Fax: (416) 394-2782

(Copies of Appendix 1 - Location Map; Appendix 2 - Site Plan; Appendix 3 - Floor Plans; Appendix 4 - Elevations; Schedule 1 - Draft Official Plan Amendment; and Schedule 2 - Draft Zoning By-Law were forwarded to all members of Council with the York Community Council agenda for January 20, 1999, and copies thereof are on file in the Clerk's Division, York Civic Centre.)

Schedule 1 - Draft Official Plan Amendment

CITY OF TORONTO

BY-LAW NO.

TO ADOPT Amendment Number 152 to the

Official Plan of the former City of York Planning Area

WHEREAS by By-law Number 1520 passed on the 23rd day of October 1972, the Council of the Corporation of the Borough of York adopted the Official Plan of the former Borough of York Planning Area; and

WHEREAS it is deemed advisable to adopt an Amendment as Amendment Number One Hundred and Fifty Two to the Official Plan of the former Borough of York Planning Area now the former City of York Planning Area; and

WHEREAS Council has provided adequate information to the public and has held a public meeting in accordance with the Planning Act, R.S.O. 1990, c.P. 13, as amended;

The Council of the City of Toronto HEREBY ENACTS as follows:

That the Amendment to the Official Plan of the Borough of York Planning Area now the former City of York Planning Area, annexed hereto, be and the same is hereby adopted.

ENACTED AND PASSED this day of , A.D. 1999.

AMENDMENT NO. 152

TO THE OFFICIAL PLAN FOR THE CITY OF YORK

DETAILS OF THE AMENDMENT

The Official Plan for the City of York is amended as follows:

(a)Section 21.2 is amended by adding thereto the following as new Subsection (u):

(u)Notwithstanding Section 8.3, 9.1 and 9.12 of this Plan, the lands municipally described as 1202 Jane Street, located on the northwest corner of Jane Street and Goldwin Avenue, may be used for the purpose of a multiple dwelling house subject to a maximum floor space index of 1.05."

Schedule 2 - Draft Zoning By-law

CITY OF TORONTO

BY-LAW No.

To amend former City of York By-law No. 1-83

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law, and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act.

The Council of the City of Toronto HEREBY ENACTS as follows:

1.That Section 16 of By-law No. 1-83, as amended, of the former City of York, be further amended by adding a new Subsection (382) as follows:

"(382) LANDS - 1202 JANE STREET

Notwithstanding any of the provisions of this By-law, the lands municipally known as 1202 Jane Street which are more particularly shown on `Schedule A' hereto may be used for a Multiple Dwelling House and any accessory use, subject to the following provisions:

(i)the whole of the building existing on the lands at the time of the passage of the By-law introducing this Subsection as shown on Schedule `A' hereto shall be used for a Multiple Dwelling House containing up to 4 dwelling units;

(ii)the maximum floor space index shall be 1.05;

(iii)one parking space shall be provided and maintained on the lot for each dwelling unit;

(iv)the whole of the accessory private garage existing on the lands at the time of the passage of the By-law introducing this Subsection as shown on Schedule `A' hereto may be used for providing and maintaining three parking spaces notwithstanding the provisions of Subsection 3.2.1(a) of Section 3 of By-law 1-83;

(v)parking spaces required to comply with the provisions of this Subsection and By-law that are required in addition to the parking spaces provided on the private garage shall be provided abutting the private garage and shall comply with the provisions of Subsection 3.2.1(a) of Section 3 of By-law 1-83;

(vi)all other provisions of this By-law shall continue to apply except in the case where the provisions of this Subsection are in conflict, in which case the provisions of this Subsection shall prevail."

2.Subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, this By-law shall come into force and effect on the date of the passing.

ENACTED AND PASSED this day of A.D. 1999.

________

There were no written or verbal submissions regarding the foregoing matter.

Insert Table/Map No. 1

Appendix 1 - Location Map for 1202 Jane Street

Insert Table/Map No. 2

Appendix 2 - Site Plan for 1202 Jane Street

Insert Table/Map No. 3

Appendix 3 - Elevations for 1202 Jane Street (Jane Street Elevation)

Insert Table/Map No. 4

Appendix 3 - Elevations for 1202 Jane Street (Goldwin Avenue Elevation)

Insert Table/Map No. 5

Appendix 3 - Elevations for 1202 Jane Street (Rear Elevation)

Insert Table/Map No. 6

Appendix 4 - Floor Plans for 1202 Jane Street (Basement Floor Plan)

Insert Table/Map No. 7

Appendix 4 - Floor Plans for 1202 Jane Street (Main Floor Plan)

Insert Table/Map No. 8

Appendix 4 - Floor Plans for 1202 Jane Street (Second Floor Plan)

Insert Table/Map No. 9

Appendix 4 - Floor Plans for 1202 Jane Street (Third Floor Plan)

4

(i) Retention of Existing Turn Restrictions; and

(ii) Reinstatement of Parking Meters in the

Cedarvale Area Ward 28, York Eglinton

(City Council on February 2, 3 and 4, 1999, amended this Clause, by adding thereto the following:

"It is further recommended that:

(1)the parking regulations on Eglinton Avenue West between Flanders Road and Bathurst Street be reverted back to the regulations which were in place prior to start of the construction related to the Eglinton Subway; and

(2)the appropriate by-law(s) be amended accordingly.".)

The York Community Council recommends that:

(1)the existing turn restrictions on Eglinton Avenue West between Strathearn Road and Peveril Hill Road North be deemed appropriate and retained, as requested by City Council on December 16 and 17, 1998, in adopting the report dated November 27, 1998 from the Managing Director, Economic Development, embodied in Clause No. 1 of Report No. 15 of the York Community Council;

(2)a minimum of 25 parking meters be reinstated on the south side of Eglinton Avenue West between Westover Hill Road and Rostrevor Road; and

(3)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

The York Community Council reports, for the information of Council, having:

(a)requested the President of the Toronto Parking Authority to:

(i)install additional parking meters in the Cedarvale area, where feasible;

(ii)meet with the local business and residential community and the local Councillors, to discuss ways and means to increase the number of parking spaces in the area; and

(iii)attend the next meeting of the Community Council on February 17, 1999;

(b)requested the Director, Transportation Services, District 1, to:

(i)monitor the speed and volume of traffic, and the impact of the turn restrictions in the affected Cedarvale area, for a period of six (6) months and to report back to the Community Council; and

(ii)report on the installation of additional turn restrictions, on completion of the foregoing study.

The York Community Council also reports having had before it the following, during consideration of the foregoing matter:

(i)Clause No. 1 of Report No. 15 of the York Community Council, as adopted by City Council on December 16 and 17, 1998;

(ii)Clause No. 12 of Report No. 13 of the Urban Environment and Development Committee (UEDC), as adopted by City Council on November 25, 26 & 27, 1998, wherein the Urban Environment and Development Committee recommended the adoption of the recommendation of the York Community Council with respect to the removal of parking restrictions on residential side streets in the Cedarvale Area, as embodied in Clause No. 3 of Report No. 10 of the York Community Council, viz:

"The York Community Council recommends that:

(1)the newly implemented parking restrictions on the residential side streets in the Cedarvale area be removed; and that the regulations which were in place prior to August 1998 be reinstated; and

(2)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto."; and

(iii)Submission by Dr. George Milne, requesting that:

-the parking meters be reinstated on Eglinton Avenue West, prior to the subway construction;

-the existing turn restrictions be maintained;

-the turn restrictions and traffic flow within the residential community be reassessed in six months; and

-the local Councillors participate in a brainstorming session with representatives from the business and residential communities to deal with the concerns.

________

Dr. George Milne, Chiropractor, and Chair of the Upper Village BIA, appeared before the Community Council in connection with the foregoing matter.

(Clause No. 1 of Report No. 15 of The York Community Council

referred to in the foregoing communication)

(City Council on December 16 and 17, 1998, adopted the following recommendation:

"It is recommended that:

(1)the report dated November 27, 1998, from the Managing Director, Economic Development, be adopted, subject to appropriate turn restrictions to be recommended to City Council by the York Community Council for implementation between Strathearn Road and Peveril Hill Road North; and

(2)the installation of the parking meters and the implementation of the turn restrictions take place simultaneously.")

The York Community Council submits, without recommendation, the report (November 17, 1998) from the Managing Director, Economic Development.

The York Community Council reports having directed the Director, Transportation Services, District 1, to:

(1)forward his further report on the traffic and parking situation, directly to the December 16, 1998 meeting of Council; and

(2)meet with representatives of the Upper Village BIA, the Cedarvale Traffic Committee; and the Director, Small Business and Local Partnerships, in an effort to find mutually beneficial solutions to the parking situation.

The York Community Council submits the following report (November 27, 1998) from the Managing Director, Economic Development:

Purpose:

The purpose of this report is to determine the economic impact on the businesses in the Upper Village Business Improvement Area (BIA) as a result of the removal of on-street parking on the south side of Eglinton Avenue West, between Menin Road and Rostrevor Road.

Funding Sources:

It is anticipated that some minor costs will be incurred by the City of Toronto Parking Authority for the reinstallation of 17 parking meters.

Recommendations:

It is recommended that:

(1)metered parking be reinstated on the south side of Eglinton Avenue West between Menin Road and Rostrevor Road;

(2)the City of Toronto Parking Authority be directed to meet with the Board of Management of the Upper Village BIAs to review current parking issues and to investigate the possibilities for added off street parking spaces or facilities; and

(3)appropriate City officials be authorized and directed to take necessary action to give effect thereto.

Background:

At its meeting held on June 25, 1997, the former City of York Council adopted the Cedarvale Neighbourhood Speed and Traffic Management Plan, as prepared by Delcan Corporation. The Plan was based on the principles set by a local Traffic Task Force Committee which concluded that future Traffic Task Force measures should:

-enhance and promote the sustainability of the community life on all the neighbourhood streets;

--reduce vehicular speeds within the neighbourhood and promote safety of all road users; school children and other pedestrian, and cyclists;

-discourage non-local traffic, while improving the internal and external access for the community; and

-support the needs of the business community.

As part of the Plan, several measures were recommended which included turning restrictions, road narrowing, speed humps, raised pedestrian crossings, community signs, the introduction of parking on residential streets, and the removal of parking on the south side of Eglinton Avenue West between Menin Road and Rostrevor Road.

As a result of the implementation of the Speed and Traffic Management Plan, business representatives and several area residents appeared before York Community Council on September 16, 1998, to express concerns relating to the negative impact to the businesses resulting from the removal of metered parking on Eglinton Avenue West between Menin Road and Rostrevor Road. The matter was subsequently referred to Toronto Council on October 1 and 2, 1998 and to the Urban Environment and Development Committee on November 1 and 2, 1998, and has since been referred back to York Community Council for further consideration and recommendation to Toronto Council.

Comments:

Historical Perspective

Within the Upper Village area there are two Business Improvement Areas, with separate Boards of Management. One is located on the south side of Eglinton Avenue West, in the former City of York, the other is located on the north side of Eglinton Avenue West, in the former City of Toronto.

Both of the BIAs are currently attempting to address the negative impacts caused by the excavation and remedial construction relating to the Eglinton West subway station. The construction involved sidewalk closures, removal of elements of previous improvements including benches and trees, road excavation and the removal of parking for businesses. During this period, businesses along both sides of the Allen Road suffered loss of customers and business revenue and in some cases leading to bankruptcies. According to many businesses they have never fully recovered from this project. Since then significant capital investment has been made on behalf of the provincial and municipal levels of government in addition to contributions from local businesses. Approximately $515,000.00 has been invested in the area on streetscaping, including promotional campaigns to attract customers back to the area. The BIAs average annual budget of $182,000.00 is anticipated to be at the same level for 1999. The area is now experiencing a progressive level of growth and investment, which is evident through the number of building permits issued and reduced vacancies. However, there is still the perception that construction is ongoing and that parking is scarce.

The area is successfully now emerging as a regional destination for dining and specialty food shopping and is promoted through festivals, newspaper advertisements, brochures (Celebration of Food) and flyers. The October 3, 1998, Festival of the Arts, attracted approximately 15,000 people. Arts related businesses and personal services also play a strong role in complimenting the area's mix of businesses and are promoted as means to draw new customers and visitors to the area. Economic Development staff and the BIA membership have worked closely over the past five years in developing a theme and initiatives to attract customers, and are currently discussing the possibilities of merging the two associations.

Economic Impact

Property owners along this one kilometer commercial retail strip collectively pay over $1.6 million dollars in realty taxes. The current loss of parking could eventually lead to a significant decline in revenue for the City as a result of vacancies, bankruptcies and a decline in reinvestment. The Chair of the Upper Village BIA (Toronto) has estimated that approximately 80 percent of the customers to this area come from communities to the north such as Woodbridge, Thornhill and Richmond Hill. Based on these characteristics, any reduction in parking would have an immediate effect on businesses particularly those within the immediate area where parking has been eliminated.

According to John C. Williams of the J.C. Williams Group Limited, the value of one parking space is equivalent to between $40,000.00 to $60,000.00 in gross sales for each business within the subject area. Accordingly, it is estimated that as a result of losing 17 parking spaces, the businesses in the area could lose up to an estimated $1 million dollars in gross sales per year.

Current Pressures

The drawing power of the Upper Village BIAs is not only based on the quality of goods and services offered to the public, but also on the availability of parking that is affordable and convenient. Competition for clients in the immediate area and regionally is high. The Eglinton Way BIA, a retail strip immediately to the east, where on-street is available, markets itself to the same target customers. One of the biggest competitors is the Yorkdale Mall to the north which provides parking at no cost to its clients. Typically, retail strips north of Eglinton Avenue take the form of strip malls with ample on site parking offering proximity to goods and services.

Another issue is The Village Shule, located at the north side of Eglinton Avenue West at Old Park Road, which is currently under construction and scheduled for occupancy in early 1999. This development is three times the density of the site, totalling 1,480 square metres of gross floor area, with no on-site parking. It is anticipated that this development will further reduce the supply of convenient parking for local businesses.

According to the Toronto Parking Authority staff, short term parking demand for the area is high in the case of all three Toronto Parking Authority lots. One of these lots is subject to a short term lease and is therefore vulnerable to redevelopment which could result in a further loss of 43 parking spaces. A further demand results from commuters to the area, reflecting high rates of occupancy for the two Toronto Transit Commission (TTC) owned commuter-parking facilities located adjacent to the Eglinton West subway station. As these spaces are used by commuters, there are few spaces, if any, left for shoppers.

Conclusions:

As customers prefer shopping in areas where parking is close and accessible, any removal of parking spaces within the two Upper Village BIAs would seriously impact on the business health of the area, including the significant work that has already been invested in the area through reconstruction and streetscaping. Economic Development staff is therefore recommending, that the 17 metered parking spaces be reinstalled, and that the City of Toronto Parking Authority requested to meet with representatives of the two BIAs to review current parking issues and to investigate ways of adding parking spaces or facilities to the area.

Contact Names

Ron Nash, Economic Development Officer

York Civic Centre

Tel:394-2889

Bill Steiss

Director

Small Business and Local Partnerships

Tel:394-2613

Brenda Librecz

Managing Director

Economic Development Division

Tel: 397-4700

The York Community Council also reports having had before it the following communications during consideration of the foregoing matter:

(i)(December 9, 1998) from Mr. Hersh Forman, Toronto, to Councillor Joe Mihevc, advising that as a member of the Cedarvale Traffic Committee and Task Force, it is imperative that the Committee have an opportunity to be heard prior to any measures being taken to reinstate the parking meters on Eglinton Avenue West; and that this would be directly against the recommendation of the Task Force, subsequently approved by the former Council, which has spent two years developing and considering all the ramifications of the plan, in consultation with members of the community; and

(ii)(December 9, 1998) from Mr. Farley Cohen, advising that part of the process for dealing with the Cedarvale traffic issues, was an integrated plan, including the removal of meters on the south side of Eglinton Avenue West which is very important to the effectiveness of the overall plan; that in exchange for removing the meters, other components of the plan included and have been implemented, new parking spaces on side streets, reduced turn restrictions into the neighbourhood, and free on-street parking on Eglinton Avenue West in the evenings (no parking meters); that consideration was also given to reduced parking rates in the neighbourhood parking lots and possible acquisition of further parking facilities; that the BIA was involved in the deliberations and meetings throughout the past two years and was aware of the proposed changes; that any changes considered to the current plan should be in consultation with the Cedarvale Neighbourhood Traffic Plan Steering Committee, and possibly with the entire Cedarvale Traffic Plan Committee; and that it would be inappropriate to make changes without the input of the neighbourhood residents.

________

The following persons appeared before the York Community Council in connection with the foregoing matter:

-Dr. George Milne, Vice Chair, Upper Village BIA;

-Ms. Grace Russo, Retail Coordinator, Upper Village BIA.

-Mr. Phil Hutchinson, Property Manager, 989 Eglinton Avenue West;

-Mr. George Calabrese, Toronto;

-Ms. Esme Temple, Toronto;

-Mr. Bruno Lopardo, Toronto;

-Mr. Leon Taomina, Toronto;

-Dr. Lionel Goldstein, Toronto;

-Mr. Bernie Good, Toronto;

-Ms. Diana Sideris, Toronto;

-Mr. Francis Mulle, Toronto;

-Mr. Paul Coulbeck, Toronto;

-Mr. Joe Aaron, Toronto;

-Mr. Alex Petrocco, Toronto.

(City Council on December 16 and 17, 1998, had before it, during consideration of the foregoing Clause, the following report (December 16, 1998) from the General Manager, Transportation Services Division, Works and Emergency Services:

Purpose:

To respond to a request by the York Community Council, at its meeting of December 9, 1998, for staff to report directly to City Council at its meeting of December 16 on the issue of parking on the south side of Eglinton Avenue West between Strathearn Road and Rostrevor Road and on local residential streets in the Cedarvale Community after consulting with various stakeholders. Before and after vehicular volume studies undertaken on the adjoining side streets are also provided.

Recommendations:

It is recommended that:

(1)on-street parking on the side streets within the block between the municipal lanes and Dewbourne Avenue, as approved previously within the Cedarvale Neighbourhood Speed and Traffic Management Plan be reinstated, to provide all day parking for a maximum two hours; and

(2)the City of Toronto Parking Authority review and report on the feasibility of providing additional off-street parking within the Upper Eglinton Village Area, including reducing the current parking rates.

Background:

York Community Council at its meeting of December 9, 1998, in considering a report (November 17, 1998) from the Managing Director, Economic Development recommending that metered parking be reinstalled on the south side of Eglinton Avenue West, has submitted the matter to Council without recommendation, and requested staff of Works and Emergency Services (Clause No.1 in Report No. 15 of York Community Council) to:

(1)forward a report to the December 16, 1998, meeting of Council, and

(2)meet with representatives of the Upper Village BIA, the Cedarvale Traffic Committee, and the Director, Small Business and Local Partnerships, in an effort to find mutually beneficial solutions to the parking situation.

Comments:

As Council will recall, the issue of parking on the south side of Eglinton Avenue West, from Strathearn Road to Rostrevor Road and related parking provisions on local flanking residential streets in this area, all as park of the Cedarvale Area traffic management plan, was referred by Council to the Urban Environment and Development Committee (UEDC) (Clause No. 3 in Report No. 10 of the York Community Council).

The Urban Environment and Development Committee, at its meeting of November 2, 1998, recommended the adoption of the York Community Council recommendation, namely that:

"the newly implemented parking restrictions on the residential side streets in the Cedarvale area be removed and that the regulations that were in place prior to August 1998 be reinstated."

 The UEDC also referred the matter of the re-installation of parking meters on the south side of Eglinton Avenue West to the Commissioner of Works and Emergency Services with a request that he conduct a comprehensive review thereof and submit a further report to York, North York and Toronto Community Councils. City Council endorsed these recommendations at its November 25, 1998 meeting (Clause 12 in Report No. 13 of the UEDC).

In accordance with the most recent York Community Council directive, a meeting was held on December 14, 1998, at the York Civic Centre attended by representatives of the Upper Village BIA, the Cedarvale Traffic Committee, staff from the Economic Development Department and Works and Emergency Services, Transportation Division to explore mutually acceptable solutions to the parking situation.

The Cedarvale Neighbourhood Speed and Traffic Management Plan consists of a blend of various traffic management measures, as well as numerous traffic calming elements to encourage a more hospitable community environment for residents, by discouraging speeding vehicles and excessive volumes of through traffic. The plan is illustrated in Appendix 1. One element of the plan involved the transfer of on-street metered parking from the south side of Eglinton Avenue West and the municipal lane. Appendix 2 details on an individual block basis the total complement of curb side parking spaces pre and post meter transfer. (The parking meters were removed from Eglinton Avenue West on September 9, 1998 and the side street parking established concurrently, although parking meter heads were not available.)

Coupled with the transfer of the parking meters from Eglinton Avenue West to the first block of the side streets (i.e., north of the municipal lanes), additional parking (not metered) was also provided on these streets between the lane and Dewbourne Avenue. The combined supply was increased from 48 to 95 spaces for an increase of 47 spaces. Appendix 3 details the total number of curb side parking spaces on each of the side streets between the municipal lane and Dewbourne Avenue pre and post meter transfer.

The idea of transferring on-street metered parking from the south side of Eglinton Avenue West onto the adjoining side streets was to provide two continuous unimpeded eastbound vehicular traffic lanes during the weekday daytime periods. This in turn was intended to encourage the use of Eglinton Avenue West and make the adjoining side streets less attractive as a through route.

Assessment

In order to assess the impact of providing two unimpeded eastbound vehicular traffic lanes on Eglinton Avenue West, vehicular volume studies were undertaken on each of the side streets pre and post meter relocation. Summaries of these counts, which reflect average 24-hour weekday volumes are contained in Appendix 4. The results indicate that volumes on 3 of the streets declined (based on the 1998 counts). However, it must be recognized that a number of adjustments were made to turn restrictions for/to Eglinton Avenue West as part of the overall Cedarvale plan, and these would likely have a greater effect on volumes than the parking arrangements. In particular, two full-time turn prohibitions were introduced; northbound left from Flanders Road and westbound left onto Peveril Hill Road North. As well, traffic counts are subject to daily and seasonal variation.

Results of December 14, 1998 Meeting

As noted above staff of the Economic Development Division and Works and Emergency Services met with representatives of area businesses and residents to consider the parking conditions, as directed by York Community Council.

Generally, members of the Residents' Steering Committee had concerns with respect to how the Cedarvale Neighbourhood Speed and Traffic Management Plan had been implements. Specifically they noted that although the parking was transferred from Eglinton Avenue West, meter heads were not available for the new side street spaces. In addition, they indicated that the peak period parking prohibitions on the side streets between the municipal lanes to Dewbourne Avenue from 8:00 a.m. to 10:00 a.m. and 4:00 p.m. to 6:00 p.m. (see note no. 4 on Appendix 1) were not appropriate. The residents also indicated that they were unaware of the recent decision to restore the pre-August 1998 parking regulations on the side-streets from the municipal lane to Dewbourne Avenue. Accordingly, they feel that the evaluations are premature and require further study.

On the other hand, the business representatives continue to strongly support the reinstatement of metered parking on the south side of Eglinton Avenue West between Strathearn Road and Rostrevor Road.

Although the issue of parking on Eglinton Avenue West was not resolved, there was consensus with respect to the recommendations contained above.

Conclusion:

As has been pointed out in numerous past reports, the problems related to traffic within the Cedarvale community are long standing and complex. The Cedarvale Neighbourhood Speed and Traffic Management Plan was prepared by a steering committee of residents through a lengthy process and involves numerous inter-related elements. However, it has been evident throughout, and was again apparent at the December 14, 1998 meeting that consensus on solutions, particularly related to the parking issues, has not been achieved.

It has been demonstrated that from a capacity perspective, the provision of off-peak parking on the south side of Eglinton Avenue West is feasible. The analysis of traffic volumes on the side streets as described above does not quantitatively substantiate that the removal of parking on the arterial route and corresponding additional eastbound through lane has had a major impact on reducing through volumes on local streets.

Contact Person:

Director

Transportation Services District 1

(A copy of each of Appendices 1, 2, 3 and 4, referred to in the foregoing report, is on file in the office of the City Clerk.)

(City Council also had before it, during consideration of the foregoing Clause, the following communications in support of parking on the south side of Eglinton Avenue West in the Upper Village Business Improvement Area:

(i)(December 14, 1998) from Ms. Joan Doiron and Ms. Helen Hansen, Feet on the Street; and

(ii)December 14, 1998) from Mr. Alex Ling, President, Toronto Association of Business Improvement Areas.)

5

Y2K Preparedness Sub-Committee

Ward 27, York Humber and Ward 28, York Eglinton

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The York Community Council recommends the adoption of the recommendations contained in communication dated January 18, 1999 from Councillor Bill Saundercook.

The York Community Council reports, for the information of Council, having forwarded this communication to the Y2K staff committee to consider using as a possible model in other parts of the City.

The York Community Council submits the following communication (January 18, 1999) from Councillor Bill Saundercook:

Background:

As you know the world is preparing for possible glitches in civic and economic infrastructure when the clock turns over to the year 2000. Preparation is underway at the national level and we, at the City, have a Y2K office to handle the computer conversion necessary throughout the corporation.

However, in the event of widespread energy systems failure the current municipal emergency plans are inadequate. Preparedness must be encouraged on an individual and community wide basis.

As with our recent snow storms, we realize that it does not take much to grind the City to a halt. Let us learn from the lessons of last year's ice storm, prepare for the worst and rejoice, if little happens when the clock hits 12:00 midnight on December 31, 1999.

Objectives:

-to create a stakeholder committee to ensure adequate personal and community preparation in the event of systems failures that may occur January 1, 2000; and

-to communicate to the local residents of Wards 27 and 28, the need to make individual preparations for a Y2K likely scenario, and where community resources can be accessed (including translation services) through public meetings and printed material.

Resources required:

City departments would be requested to allocate staff and resources to support a public information campaign in both Wards 27 and 28.

Recommendations:

It is recommended that:

(1)the York Community Council establish a Y2K Preparedness Sub-Committee, such sub-committee to include representatives from:

-the Toronto District Board of Education;

-Emergency Services;

-Public Health; and

-Councillor Saundercook as Chair;

(2)the Commissioner of Works and Emergency Services, the Commissioner of Community and Neighbourhood Services, and the Toronto District Board of Education, be requested to designate a staff member to participate on this sub-committee; and

(3)the York Infrastructure Sub-Committee remain in place and be augmented with appropriate staff and representatives from seniors' agencies.

6

Other Items Considered by the Community Council

(City Council on February 2, 3 and 4, 1999, received this Clause, as information subject to adding thereto the following:

"It is further recommended that, notwithstanding subsection 128(5) of the Council Procedural By-law, the following resolution embodied in Item (n), entitled '2446-2448 Bloor Street West, "The Fan" and "Billy Bob's", Application for Extension of Liquor Licence to Include an Outdoor Patio Area', be adopted by City Council:

'WHEREAS the Alcohol and Gaming Commission of Ontario will be considering an application for a liquor licence from an establishment located at 2446-2448 Bloor Street West, known as "The Fan" and "Billy Bob's", to serve 26 additional customers; and

WHEREAS this establishment currently has a capacity of approximately 730 customers, well above the approximate maximum of 100 customers for other licensed establishments in the neighbourhood; and

WHEREAS some local residents do not support any further expansions to this establishment, such as a sidewalk cafe that would narrow the walkway along Bloor Street West; and

WHEREAS subsection 6(2)(h) of the Liquor Licence Act provides than an applicant is entitled to be issued a licence to sell liquor except if the licence is not in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located; and

WHEREAS section 7.1 of Regulation 710 under the Liquor Licence Act states that, in the absence of receiving submissions to the contrary, the Board shall consider a Resolution of the Council of the municipality, in which are located the premises for which a person makes an application to sell liquor or holds a licence to sell liquor, as proof of the needs and wishes of the residents of the municipality for the purposes of clause 6(2)(h) of the Act; and

WHEREAS the date for the Alcohol and Gaming Commission of Ontario hearing is scheduled prior to City Council considering this matter on February 2, 3 and 4, 1999;

NOW THEREFORE BE IT RESOLVED THAT:

(1)the York Community Council advise the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence with respect to "The Fan" and "Billy Bob's", 2446-2448 Bloor Street West, is not in the public interest, having regard to the needs and wishes of the residents of the municipality; and

(2)the City Solicitor be authorized to attend the hearing to seek an adjournment on this matter, if the hearing occurs prior to the City Council meeting on February 2, 3 and 4, 1999.'")

(a)The Canadian Red Cross.

The York Community Council reports having:

(1)endorsed the initiatives of the Canadian Red Cross; and

(2)received the deputation and the following communication:

(December 8, 1998) from Councillor F. Nunziata advising that a request had been received from Ms. Margaret Goodwin of the Canadian Red Cross office on Eglinton Avenue West, to make a presentation to the Community Council members at its January 20, 1999 meeting, regarding the range of services and programs offered in the community.

________

-Ms. Margaret Goodwin, Coordinator, York Central Community Office, appeared before the Community Council in connection with the foregoing matter.

(b)Request for (1) Parking Meters on the East Side of Dufferin Street, north of Rogers Road; and (2) Installation of a Cross-Walk to the Municipal Parking Lot on the West Side of Dufferin Street, North of Rogers Road - Ward 28, York Eglinton.

The York Community Council reports having:

(1)requested the Commissioner of Works and Emergency Services to:

(a)direct the Director, Transportation Services, District 1, to report on the installation of a cross-walk to access the municipal parking lot on the west side of Dufferin Street, north of Rogers Road;

(b)report on potential technology that could be applied in cases where traffic control measures are required in areas with the type of topography that exists on Dufferin Street; and

(c)that Mr. Ganhao be sent a copy of the report and invited to attend the meeting when the report is being considered;

(2)requested the President, Toronto Parking Authority, to report on the installation of parking meters with a 1-hour time limit. on the east side of Dufferin Street, north of Rogers Road; and

(3)received the deputation and following communications:

(i)(January 10, 1999) from V. Tran, Hudson Pharmacy, advising that there has been increased commercial activity on Dufferin Street, north of Rogers Road, creating a demand for parking, and safety for pedestrians; the municipal parking lot is not being used effectively as there are not enough advisory signs to direct drivers and that crossing Dufferin Street to the commercial businesses from the parking lot is dangerous, especially for seniors visiting the medical centre located on the opposite side of the parking lot; that there is insufficient commercial activity to justify the present location of the parking meters south of Rogers Road; and requesting the installation of parking meters on the east side of Dufferin Street, north of Rogers Road; a cross-walk to the municipal parking lot on the west side of Dufferin Street; and appropriate advisory signs to direct motorists; and

(ii)(November 26, 1998) from Councillor Mihevc requesting the Community Council's support on the foregoing proposals; and that staff to examine the feasibility of installing parking meters between 2025 and 2045 Dufferin Street and a crosswalk on the west side of Dufferin Street, north of Rogers Road.

________

-Mr. Joe Ganho, Homelife City Hill Realty, appeared before the Community Council in connection with the foregoing matter.

(c)Graffiti Eradication Program.

The York Community Council reports having:

(1)expressed its support for the initiatives of Community 55 regarding the removal of graffiti from their neighbourhood; and for the promotion of this initiative in the York Humber and York Eglinton communities;

(2)forwarded the foregoing motion to the Task Force on Community Safety; and

(3)received the deputation and the following communication:

(January 6, 1999) from Councillor Nunziata advising that there is an increasing amount of graffiti and "gang tagging" appearing on the buildings, utility cases, newspaper boxes and municipal street furnishings in the area; that Mr. Bob Murdoch and Pnesia Mi would like to make a short video presentation (approximately 15 minutes) with regard to a program for the removal of graffiti in our neighbourhoods using local youth groups and/or interested individuals.

________

-Mr. Bob Murdoch, Executive Director, Graffiti Eradication Program, appeared before the Community Council in connection with the foregoing matter.

(d)Cedarvale Traffic Calming Plan - Ward 28, York-Eglinton

The York Community Council reports having:

(1)approved in principle the following process, subject to consultation with stakeholders in the community to determine the criteria with respect to evaluating the responses:

'That prior to the installation of the remaining pinch points and speed humps approved in the Cedarvale Traffic Management Plan, that the residents be polled on a block by block basis, requesting that they indicate their preference for either speed humps or pinch points on their respective blocks'; and

(2)received the following communications:

(i)(December 13, 1998) from Councillor Joe Mihevc, advising that the residents of Cedarvale need to remain active in the final aspects of the Cedarvale Traffic Calming Plan; that as the implementation continues, residents need to be polled as to their opinion on new traffic calming measures on their streets; and that residents be polled before any more traffic calming measures are implemented on their block in Cedarvale; attaching an example of what residents could receive; the feedback I am getting is that the preferred method of mid-block traffic calming is the speed hump rather than the pinch point; that the ballot that goes out to residents should allow for this option; and requesting that staff be advised to edit the attached and deliver it to all affected addresses.

(ii)(Undated) to the residents in Cedarvale:

The traffic calming portion of phase #1 of the Cedarvale Traffic Calming Plan has been completed. The City of Toronto is writing to you to obtain your input on additional traffic calming devices on your block.

Attached you will find a map of your block and an indicator as to where the traffic calming measure would be installed.

Attached you will also find a return slip that you are encouraged to fill out and return in the enclosed envelope.

You will be voting only on the traffic calming devices for your block. The particular traffic calming measure for your block will be installed subject to majority support on your block.

Thank you for your interest in your community.

(e)Traffic Concerns and Proposed Calming Measures on Holland Park Avenue - Ward 28, York-Eglinton.

The York Community Council reports having requested the Commissioner of Works and Emergency Services to direct the Director, Transportation Services, District 1, to report on the proposals outlined in the following communication:

(December 15, 1998) from Councillor R. Davis, advising that on August 5th, a meeting was held with the residents of Holland Park Avenue; and from the discussions there were strong concerns regarding motorists speeding and travelling the wrong way; and requesting that appropriate investigate and report on the feasibility of implementing the following traffic calming proposals:

(1)the installation of speed bumps on Holland Park Avenue in order to reduce the speed of traffic;

(2)the installation of stop signs at Robina Avenue and Cedric Avenue where they intersect with Holland Park Avenue;

(3)the narrowing of the road at the intersections to prevent vehicles from travelling the wrong way;

(4)the introduction of alternate side parking on Holland Park Avenue during the months of April to September;

(5)the reversion of the direction of traffic on Holland Park from two-way back to one-way; and

that staff investigate the feasibility of these requests, bring forward any previous reports and copy the property owners of Holland Park Avenue and the local Councillors.

(Reference: Clause No. 193 embodied in Report No. 20 of the Works and Parks Committee (November 6, 1995) which was adopted without amendment by the Council of the City of York at its meeting held on November 15, 1995; and Clause No. 193 embodied in the Minutes of York Community Council (May 27, 1998.)

(f)Request for Traffic Calming Measures on Royal Street, Ward 27, York Humber.

The York Community Council reports having:

(1)requested the Commissioner of Works and Emergency Services to direct the Director, Transportation Services, District 1, to report on the feasibility of implementing traffic calming measures on Royal Street; and

(2)received the following communication:

(December 8, 1998) from Councillor F. Nunziata, advising that a constituent has expressed concerns regarding the traffic on Royal Street; and requesting that staff report on the feasibility of providing traffic calming on Royal Street.

(g)Impact of Traffic Control Measures on the Operation of Snow Removal Equipment.

The York Community Council reports having requested the Commissioner of Works and Emergency Services to report on the following from operational and environmental perspectives:

(1)the impact of traffic calming measures on the efficiency of snow removal equipment;

(2)whether traffic calming controls caused damage to vehicles during the recent snow emergency situation;

(3)the use of alternatives to winter control other than salt or sand;

(4)designating Wards 27 and 28 to be used as a pilot area should there be alternatives to the use of salt;

(5)alternatives to the present process used for melting snow with the snow melting equipment;

(6)the feasibility of creating a location priority order for snow dumping; and

(7)the cost of salt damage to Nathan Phillips Square.

The Community Council also reports having had before it the following communications during consideration of the foregoing matter:

(i)(January 6, 1999) from Councillor F. Nunziata advising that during the past few years, the use of traffic calming devices has become more prevalent in our community; that with the recent record snow fall in mind and the resultant traffic problems experienced throughout the City staff report on the efficiency of snow removal equipment; and on the impact of any damage to these devices caused by vehicular traffic during the recent snow emergency situation; and

(ii)(January 20, 1999) from Ms. Madeleine McDowell, on behalf of the Local Architectural Conservation and Advisory Committee, advising that based on advice and studies and the probability that the City's stockpile of salt will be exhausted this year due to the El Nino effect; and submitting the following proposals:

-that the City abandon the use of salt by the year 2000 and purchase no more salt;

-that a switch over program be prepared;

-that there be close monitoring of the use of alternatives and a report back to Council on their effectiveness, with recommendations for improvements;

-that the amount of salt used this year and in the previous five years, by month, be included in the report to Council;

-that the City immediately embark on a public education program regarding salt damage (both corrosive and environmental) and promoting the use of alternatives.

________

-Ms. Madeleine McDowell, appeared before the Community Council in connection with the foregoing matter.

(h)Possible Damage to Property at 134 Belgravia Avenue Caused by City-owned Tree - Ward 28, York Eglinton

The York Community Council reports having:

(1)requested the Commissioner of Economic Development, Culture and Tourism, to direct the Manager, Parks and Recreation, West District, to investigate and report on the claim of damage to the property at 134 Belgravia Avenue; and

(2)received the following communication:

(December 7, 1998) from Councillor J. Mihevc advising that the owner of 134 Belgravia would like the tree in front of the property cut down; the owner claims that the tree roots have entered the foundation walls and have damaged the house; and requesting that staff report on this matter, such report to conclude whether the owner is able to claim any losses against the City for damage done.

(i)Sewer Connection Blockage Inspection and Repair Program; and Tree Root Removal and Grant Policy.

The York Community Council reports having recommended to the Works and Utilities Committee, adoption of the following report (October 21, 1998) from the General Manager, Water and Wastewater Services regarding the Tree Root Removal and Grant Policy, subject to the following amendments:

(1)that recommendation (2) (d) be amended to read as follows:

"(2)(d)assistance be provided on a per property basis, once every 10 years;"

(2)that recommendation (2)(e) be amended to increase the limit for a repair or partial renewal of a drain or drains, from $500.00 to $750.00; so that recommendation 2(e) would read as follows:

"(2)(e)assistance be provided in the amount of 100 percent of the invoiced cost, to a limit of $750.00 per property for a repair or partial renewal of a drain or drains, and to a limit of $1,500.00 per property for the complete renewal of a drain or drains between the City property line and the building;"

The York Community Council reports having had before it a transmittal letter (December 11, 1998) from the City Clerk, forwarding Clause No. 2 of Report No. 10 of The Works and Utilities Committee, and advising that Council directed that the foregoing Clause be struck out and referred to all Community Councils for further consideration, with a request that the Community Councils forward their recommendations with respect to the Repair Program, and Tree Root Removal and Grant Policy to the Works and Utilities Committee.

(j)Poll Results - Proposal for Implementation of On-Street Permit Parking on Feltham Avenue between Spears Street and Avon Avenue - Ward 27, York Humber.

The York Community Council reports having received the following report:

(December 15, 1998) from the City Clerk advising that 33 residents were polled, 23 responses were received, of which 7 were in favour and 16 were not in favour; and requesting the direction of the Community Council.

(k)New Development Applications Received.

The York Community Council reports having received the following report:

(January 6, 1999) from the Director, Community Planning, West District, advising that since the beginning of the year the number of applications received is as follows:

Official Plan Amendment 3Plan of Condominium2

Zoning By-law Amendment13Part-lot Control Exemption3

Site Plan Approval29

and that the following new applications have been received since their last report to Community Council:

1.220 Bowie Avenue - proposal for 14 two and three-storey semi-detached dwellings;

2.1255 Weston Road - proposal for 8 three-storey townhouses with parking access from a rear private driveway; and

3.1486 Bathurst Street and 480 St. Clair Avenue West - proposal for a revision to a previously approved foodstore plans to increase commercial floor area and to erect a parking structure.

(l)Zoning By-law Amendment Application - Temporary Use 52 Hyde Avenue - Ward 27, York Humber.

The York Community Council reports having deferred consideration of the following report to its February 17, 1999 meeting, as requested by Mr. Nardelli, owner of the subject property:

(December 22, 1998) from the Director, Community Planning, West District, reporting on the zoning by-law amendment application to permit the continued use of the existing building on the subject property for mixed industrial - residential purposes on a temporary basis not exceeding three years and recommending that York Community Council refuse this application.

(m)Future Resurfacing of Halford Avenue, Ward 27, York Humber.

The York Community Council reports having requested the Commissioner of Works and Emergency Services, to report on the following communication:

(January 20, 1999) from Councillor Saundercook, requesting that the Commissioner of Works and Emergency Services advise appropriate staff, that all future road repair projects on Halford Avenue, and any future resurfacing, be done in a manner consistent with the original brick surface and historic nature of the road, and that asphalt not be used.

(n)2446-2448 Bloor Street West, "The Fan" and "Billy Bob's" Application for Extension of Liquor Licence to Include an Outdoor Patio Area.

The York Community Council reports having forwarded the following resolution to the Alcohol and Gaming Commission of Ontario:

WHEREAS the Alcohol and Gaming Commission of Ontario will be considering an application for a liquor licence from an establishment located at 2446-2448 Bloor Street West, known as "The Fan" and "Billy Bob's", to serve 26 additional customers; and

WHEREAS this establishment currently has a capacity of approximately 730 customers, well above the approximate maximum of 100 customers for other licensed establishments in the neighbourhood; and

WHEREAS some local residents do not support any further expansions to this establishment, such as a sidewalk cafe that would narrow the walkway along Bloor Street West; and

WHEREAS subsection 6(2)(h) of the Liquor Licence Act provides than an applicant is entitled to be issued a licence to sell liquor except if the licence is not in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located; and

WHEREAS section 7.1 of Regulation 710 under the Liquor Licence Act states that, in the absence of receiving submissions to the contrary, the Board shall consider a resolution of the Council of the municipality, in which are located the premises for which a person makes an application to sell liquor or holds a licence to sell liquor, as proof of the needs and wishes of the residents of the municipality for the purposes of clause 6(2)(h) of the Act; and

WHEREAS the date for the Alcohol and Gaming Commission of Ontario hearing is scheduled prior to City Council considering this matter on February 2, 3 and 4, 1999;

NOW THEREFORE BE IT RESOLVED THAT:

(1)the York Community Council advise the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence with respect to "The Fan" and "Billy Bob's", 2446-2448 Bloor Street West, is not in the public interest, having regards to the needs and wishes of the residents of the municipality; and

(2)the City Solicitor be authorized to attend the hearing to seek an adjournment on this matter, if the hearing occurs prior to the City Council meeting on February 2, 3 and 4, 1999.

(o)Application for a Liquor Licence, 2007 Lawrence Avenue W. Unit #14, Robinson Crusoe - Ward 27, York Humber.

The York Community Council reports having deferred consideration of the following report:

( November 26, 1998) from the City Clerk providing departmental comments on the subject application, and requesting authorization to forward this information to the Alcohol and Gaming Commission of Ontario.

(p)Community Alliance for Neighbourhood Development Opportunities (CAN DO) Projects - Ward 27, York Humber andWard 28, York Eglinton

The York Community Council reports having received the following information and deputation:

(January 11, 1999) from Ms. Bonnie Taylor, General Manager, CAN DO, requesting an opportunity to update the Community on the following new projects for which funding has been received:

Community Connectivity:

-project is sponsored by Human Resources Development Canada;

-selection of 60 agencies and non-profit groups in the former City of York (Lawrence Square catchment area; agencies must be legitimate and provide some form of assistance to the employment section;

-provision of technology to learn compute skills/develop web pages, and to link establish links with a community network;

-Learning Enrichment Foundation is providing training.

Special Event Support:

-a Special Event Coordinator to give support to previous festivals which were funded under the former City of York Economic Development Office, Urban Harvest Festival, Junior Carnival, Portuguese Festival, Weston Blast, Weston Santa Claus Parade;

-a criteria has been developed and will be available to interested community events;

-working with all the Business Improvement Areas;

-working with the Manager, Parks Division;

-local businesses/corporate sponsors.

The Mobilizer:

-a joint project between CAN DO and the For Youth project;

-creation of a mobile trailer 40'x10' to travel around to local schools and business areas;

-sponsored by Human Resources Development Canada, Bell Canada, Toronto Hydro and other corporate sponsors.

________

-Ms. Bonnie Taylor, General Manager, CANDO, appeared before the Community Council in connection with the foregoing matter.

(q)Disconnection of Downspouts and Locations of Proposed Holding Tanks on Various Streets in Ward 28, York Eglinton.

The York Community Council reports having received the following report:

(January 12, 1999) from the Manager, Installation and Rehabilitation Projects, providing information requested by the Community Council on (1) the cost of an educational campaign to aggressively promote the disconnection of downspouts; and (2) appropriate locations for additional holding tanks that would be desirable in Wards 27 and 28 over the next few budget years, including Harvie, Crang, Chamberlain and Nairn Avenues, Robina and Holland Park Avenues, Holmesdale Road, Earlsdale Avenue, Mulberry Crescent and Westmount Avenue, just north of St. Clair Avenue West; and recommending that this report be received for information.

(r)Library Materials Budget for York Libraries, Ward 27, York Humber and Ward 28, York Eglinton.

The York Community Council reports having:

(1)requested the City Librarian or a designate to attend its meeting on February 17, 1999 to respond to enquiries such as statistics on per capita spending; the expected timeframe to achieve the municipal average; and the benefits to the residents in Wards 27 and 28; and

(2)received the following communication:

(January 11, 1999) from the City Librarian, responding to the Community Council's request for a report on changes to the Materials Budget of the former York Library system; and recommending that the report be received for information.

(s)Request for Memorial in Memory of the Late Linda DeLellis - Ward 27, York Humber.

The York Community Council reports having:

(1)requested the Commissioner of Works and Emergency Services to take appropriate action in accordance with The Municipal Act, prior to the passing of a by-law, regarding the naming of the laneway south of Eglinton Avenue West, running east off Scott Road;

(2)requested the President, Toronto Parking Authority, to take appropriate action with respect to the installation of a suitable plaque at the Scott Road municipal parking lot.

The York Community Council reports having had the following communication before it during consideration of the foregoing matter:

(January 11, 199) from Councillor F. Nunziata, forwarding copy of a communication from the Silverthorn Ratepayers' Association suggesting the following options for consideration with respect to the establishment of a special memorial in memorial of the late Linda DeLellis of Cameron Avenue:

(a)the laneway on Scott Road, running east from Scott Road, 150 ft. south of Eglinton Avenue West be named "Linda DeLellis Lane"; and

(b)a suitable plaque at the municipal parking lot on the south-east corner of Scott Road at Eglinton Avenue West.

________

The following persons appeared before the Community Council in connection with the foregoing matter:

-Mr. Fred Lindsay, Toronto;

-Mr. Steve Tasses, Chair, Keele-Eglinton BIA;

-Mrs. DeLellis, mother of the late Linda DeLellis; and

-Gerard Kennedy, MPP, York South Riding.

(t)Request for Alternate Side Parking on Old Dundas Street West, Ward 27, York Humber.

The York Community Council reports having:

(1)requested the Commissioner of Works and Emergency Services to direct the Director, Transportation Services, District 1, to report on the feasibility of implementing alternate side parking on Old Dundas Street West;

(2)directed that a copy of this report be forwarded to the appropriate ratepayer group for comment, prior to any decision by the York Community Council; and

(3)received the following communication.

(January 11, 1999) from Councillor B. Saundercook, requesting that the Works and Emergency Services, in consultation with the Toronto Transit Commission, report on the feasibility of implementing alternate side parking on Old Dundas Street West.

(u)Request for Changes to Traffic and Parking Regulations on Day Avenue and Sellers Avenue, South of Rogers Road Ward 28, York Eglinton.

The York Community Council reports having:

(1)requested the Commissioner of Works and Emergency Services to investigate the traffic and parking regulations on both the former Toronto and York portions of Day and Sellers Avenues, and to report on proposals to achieve consistencies on the streets;

(2)directed that the residents be subsequently polled for comments on the proposals; and

(3)received the following communication.

(January 5, 1999) from Councillor Joe Mihevc, requesting that staff of the Works and Emergency Services, investigate and report on the flow of traffic and on-street parking regulations on Day and Sellers Avenues, in Ward 28 and the Wards south of Rogers Road, with a view to consistencies; and that the residents be polled accordingly.

(v)Proposed Adopt-A-Park Program, Ward 27, York Humber and Ward 28, York Eglinton.

The York Community Council reports having:

(1)approved in principle the proposed Adopt-A-Park Program on a pilot basis for six to ten parks;

(2)requested the Commissioner of Economic Development, Culture and Tourism to direct the York Manager of Parks to:

(a)identify additional sites for possible consideration in 1999, in consultation with the local Councillors;

(b)report on a process for recruitment and training, the responsibilities involved, a suitable honorarium, and any other related issues; and

(3)received the following communication:

(January 5, 1999) from Councillor Joe Mihevc proposing that a pilot Adopt-A-Park program be initiated in 1999 with volunteers interested in beautifying and maintaining the parks for a small honorarium.

(w)Grass Cutting in the Summer Months, Ward 27, York Humber and Ward 28, York Eglinton.

The York Community Council reports having:

(1)requested the Commissioner of Economic Development, Culture and Tourism, to direct the York Manager of Parks, to report on:

(a)the frequency of grass cutting and maintenance of special odd areas in Wards 27 and 28, compared to other areas of the City;

(b)improvements to flower beds in the community;

(c)the responsibility for cutting grass on major arterial roads and boulevards; and

(2)received the following communication.

(January 5, 1999) from Councillor J. Mihevc, requesting that staff report on (a) the frequency of grass cutting in Wards 27 and 28 compared with other areas of the City; and (b) the grassy areas in laneways and in 'odd' locations which are not maintained by residents.

(x)Request for Disabled Parking at 55 Lacey Avenue, Ward 27, York Humber.

The York Community Council reports having:

(1)requested the Commissioner of Works and Emergency Services to direct the Director, Transportation Services, District 1, to report on:

(a)the parking of commercial vehicles obstructing the flow of traffic on Lacey Avenue;

(b)the removal of the alternate side parking regulation which was implemented on a six-month trial basis on Lacey Avenue between Cameron Avenue and Ewart Avenue, due to lack of enforcement;

(c)the implementation of No Parking or No Stopping regulations on Lacey Avenue northward to the top of the street, excluding overnight permit parking;

(d)the installation of No Heavy Trucks signs;

(e)the request for disabled permit parking at 55 Lacey Avenue, bringing forward all previous reports regarding Lacey Avenue; and

(2)received the following communication:

(i)(January 13, 1999) from Councillor B. Saundercook, advising that the owner of 55 Lacey Avenue is requesting a disabled parking space; and requesting that staff investigate and report; and

(ii)(January 4, 1999) from P. Mercuri-Fetterolf to Councillors Nunziata and Saundercook, advising of the problems created by large commercial vehicles parked on the street; requesting the removal of the temporary alternate side parking regulation due to lack of enforcement; and requesting the installation of No Parking, No Stopping and No Heavy Trucks signs.

(y)Tax Appeals - Sections 442 and 443 of The Municipal Act - Creation of a Committee of Council for Tax Appeals.

The York Community Council reports having received the following communication:

(January 4, 1999) from the City Clerk forwarding for the information of the Community Council, a copy of Clause No. 35 of Report No. 26 of The Strategic Policies and Priorities Committee, which was adopted without amendment by Council on December 16 and 17, 1998.

(z)Application for a Liquor Licence for an Outdoor Patio, Crystal Seafood Restaurant, 632 Vaughan Road - Ward 28, York Eglinton.

The York Community Council reports having:

(1)deferred consideration of the following report to its February 17, 1999 meeting; and

(2)requested a report from the Toronto Police Services:

(January 18, 1999) from the City Clerk providing departmental comments and requesting authorization to forward this information to the Alcohol and Gaming Commission of Ontario.

(aa)Request for Transfer of Funds for the Snow Link Program, Ward 27, York Humber and Ward 28, York Eglinton.

The York Community Council reports having forwarded the following resolution to the Urban Environment and Development Committee for consideration:

Resolution from Councillor Saundercook:

WHEREAS an unprecedented snowfall has halted life in the City of Toronto recently; and

WHEREAS the amount of snow clearance and removal has exceeded existing budgets; and

WHEREAS in the Ward 27, York Humber and Ward 28, York Eglinton areas, snow clearing for seniors and the disabled is undertaken by the Snow Link Program, which is funded through City grants and user fees; and

WHEREAS the community agencies contracted by the City to provide the Snow Link Program should not experience deficit financing to provide this service;

THEREFORE BE IT RESOLVED THAT the Urban Environment and Development Committee be requested to direct the Commissioner of Works and Emergency Services to transfer an amount of $25,000.00 to the appropriate budget line that funds the Snow Link Program, to provide for the increased costs associated with this program.

(bb)Preliminary Evaluation Report, Official Plan and Zoning By-law Amendment Applications - Rear of 1945 Lawrence Avenue West, Ward 27, York Humber.

The York Community Council reports having approved the recommendations embodied in the following report:

(January 14, 1999) from the Director of Community Planning, providing preliminary comments on Official Plan and Zoning By-law Amendment applications to permit the development of 12 pairs of semi-detached houses (24 units) and a nun's residence which includes a workshop/retail area; and recommending that:

(1)a Community Information Meeting be held to present the proposal to the local community; and

(2)the application continue to be circulated and following completion of the staff report, a Public Meeting be scheduled by the Community Council.

(cc)Concerns regarding Florence Gell Park, Ward 27, York Humber.

The York Community Council reports having:

(1)recommended to the Budget Committee the approval of the recommendations in the following report; and

(2)requested the York Manager of Parks to include the amount of $40,000.00 on the list of capital items for the installation of a splash pad in the Florence Gell Park:

(January 15, 1999) from the York Manager of Parks providing information on the lighting in Florence Gell Park; the installation of a wading pool in the centre of the park; that if a splash pad feature was installed in the park, the cost of this capital improvement would be approximately $40,000.00; and recommending that:

(1)Parks staff install two (2) park benches and/or additional plantings in the park to discourage cyclists from racing their bicycles through the park;

(2)staff install additional lighting in the park at a cost of $3,500.00 to deter youth from using the back dark corners as a 'hangout'; and

(3)Parks staff review and install appropriate signage that would deter youth from being in the park after 11:00 p.m.

(dd)Smythe Park Tennis Courts, Ward 27, York Humber.

The York Community Council reports having:

(1)recommended to the Budget Committee, the approval of recommendations (2) and (3) in the following report; and

(2)requested the Manager of Parks, West District, to explore the need to relocate the two courts from Smythe Park to an appropriate location and that appropriate funds be identified within the 5-year capital program.

(January 15, 1999) from the York Manager of Parks and Recreation, providing information on a plan of action for relocation of the tennis courts at Smythe Park; and recommending that:

(1)staff in the Parks and Recreation Department, West District, evaluate the need for additional tennis courts as these facilities are inventoried with the new City of Toronto Parks and Recreation Department;

(2)the following information be received regarding the Smythe Park master plan and the relocation of the lit tennis courts; and

(3)as part of the 1999 approved capital budget, the tennis courts at Smythe Park be removed.

(ee)Installation of a Barrier and Appropriate Signage at Smythe Park - Ward 27, York Humber.

The York Community Council reports having:

(1)approved the recommendations in the following report;

(2)directed the York Manager of Parks to:

(a)explore the feasibility of installing a time locking device; and

(b)provide list of parks locations with barriers:

(January 15, 1998) from the Manager of Parks and Recreation, West District, providing information on appropriate signage at Smythe Park to facilitate enforcement with respect to 'No Trespassing' and 'No Parking' and to prohibit the use of the park between the hours of 11:00 p.m. and 6:00 a.m.; that staff will research barriers at parks throughout the City of Toronto and will report on the feasibility of installing a low beam across the entrance of the park to prohibit access for trucks involved in phantom dumping and on the impact that such a barrier would have on police and emergency vehicles; and recommending that:

(1)signs be posted in Smythe Park that outline conditions in the Parks By-law No. 2619-92 "whereas no person shall in any park, park or leave a vehicle between the hours of 11:01 p.m. and 5:59 a.m. except in a designated area allowing for such overnight parking or where authorized by permit;

(2)signs be posted that relate to the noise By-law No. 3453-79 "whereas no person will be yelling, shouting, hooting, whistling or singing in a public place between the hours of 11:00 p.m. and 7:00 a.m."; and

(3)the Roseland Ratepayers' Association be advised to contact the local police department and have these bylaws enforced, when residents observe activities in the park, such as vandalism, drinking, racing and phantom dumping.

(ff)Requests for (1) All-Way Stop Signs at Ray Avenue and Industry Street; and (2) Sidewalks on both sides of Industry Street - Ward 27, York Humber.

The York Community Council reports having:

(1)requested the Director, Transportation Services, District 1, to report on the installation of All-Way Stop Controls at Ray Avenue and Industry Street;

(2)requested the York Manager, Installation and Rehabilitation Projects, to report on the construction of sidewalks on both sides of Industry Street; and

(3)received the following communication:

(January 7, 1999) from the Coordinator, Child Care Services, The Learning Enrichment Foundation, advising of the safety concerns at the above intersection and requesting that all-way stop controls be installed at Ray Avenue and Industry Street; and that sidewalks be constructed on both sides of Industry Street.

Respectfully submitted,

BILL SAUNDERCOOK

Chair

Toronto, January 20, 1999

(Report No. 1 of The York Community Council was adopted, as amended, by City Council on February 2, 3 and 4, 1999.)