1 Hearing - Closing of the Portion of Eastern Avenue - Linking Queen Street East and the Eastern Avenue/Kingston Road Extension and the Public Lane - 1641 Queen Street East (East Toronto)

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

(City Council on March 2, 3 and 4, 1999, deferred this Clause to the next regular meeting of City Council to be held on April 13, 1999.

Council also adopted the following recommendation:

"It is recommended that the Minister of the Environment be encouraged to deny the request for a bump-up, on the grounds that such request is frivolous.")

(City Council on February 2, 3 and 4, 1999, deferred consideration of this Clause, to the next regular meeting of City Council to be held on March 2, 3 and 4, 1999).

(City Council on November 25, 26 and 27, 1998, deferred consideration of this Clause, to the first meeting of City Council to be held in January, 1999, in order to provide sufficient time for the Minister of the Environment to issue his decision on the "bump-up" request by the owner of Premises No. 1641 Queen Street East.

Council also adopted the following motion:

Moved by Councillor Jakobek:

"Recognizing that the elimination of the jogged intersection of Eastern Avenue and Kingston Road at Queen Street East by means of extending Eastern Avenue easterly has resulted in safer and more efficient traffic operations; and

That the planning of this project was ongoing over a three-year period through the land exchange, Rezoning and Plan of Subdivision processes, with public notice provided throughout; and

That the proposed closing of the redundant section of Eastern Avenue is the final stage in the implementation of this longstanding initiative and the closing in itself does not affect traffic patterns, and may arguably improve the urban environment and pedestrian conditions; and

That, with the construction of the proposed motion picture cinema on the property fronting Queen Street East on the east side of the road section to be closed, the business at Premises No. 1641 Queen Street East (Harvey's restaurant) will be exposed to a substantial increase in people in the area; and

That the owner and lessee of Premises No. 1641 Queen Street East did not respond to notice of the proposed road closure sent to them in early July, 1998, pursuant to the screening procedures established under Schedule B of the Class Environmental Assessment for Municipal Road Projects until November, 1998; and

That the property also has direct driveway access from Queen Street East that is not affected by the proposed closure and the City has offered to maintain vehicular access to the current side driveway of the site by means of granting a right-of-way over a portion of the closed road allowance from Queen Street East;

Therefore be it resolved that Toronto City Council:

(1) respectfully advise the Minister of the Environment that it feels the request for 'bump-up' of this Schedule B undertaking as set out in the letter of November 17, 1998, from Mr. Stephen F. Waque, Borden & Elliot, Barristers and Solicitors, is without basis, and further that Council strongly objects to the attempts to secure compensation for the proposed road closure;

(2) respectfully request the Minister to rule on this matter as expeditiously as possible; and

(3) direct the appropriate City staff to forward to the Minister the necessary background materials to refute the matters raised in the above-noted November 17, 1998 letter.")

(Clause No. 17 of Report No. 14 of the Toronto Community Council)

The Toronto Community Council recommends that:

(1) a by-law in the form of the draft by-law be enacted, and that the necessary Bills be introduced in Council to give effect thereto; and

(2) the Commissioner of Works and Emergency Services maintain access to the driveway at 1631 Queen Street East and side access to 1641 Queen Street East by way of Queen Street East.

The Toronto Community Council reports, for the information of Council, that pursuant to Clause 43, Contained in Report No. 10 of The Toronto Community Council headed "Proposed Closing of the Portion of Eastern Avenue Linking Queen Street East and the Eastern Avenue/Kingston Road Extension and Public Lane - 1641 Queen Street East (East Toronto)", which was adopted without amendment by City Council at its Regular Meeting held on July 29, 30 and 31, 1998, notice with respect to the proposed enactment of the draft by-law was advertised in a daily newspaper on October 23, October 28, November 4 and November 11, 1998, and the following persons appeared before the Toronto Community Council in connection with the foregoing matter:

- Mr. J. Pitman Patterson, Borden & Elliot obo Campos Holdings Ltd.; and

- Mr. John Pitcher, Solicitor.

The Toronto Community Council submits the following draft by-law:

Authority: Toronto Community Council

Report No. ( ), as adopted

November 25, 1998.

Bill No.

To stop up and close parts of the public highways Queen Street East and Eastern Avenue and the public lane south of Queen Street East extending westerly from Eastern Avenue

WHEREAS by Clause of Toronto Community Council Report No. , adopted by Council at its meeting held on November 25, 1998, it is recommended that parts of the public highways Queen Street East and Eastern Avenue and the public lane south of Queen Street East extending westerly from Eastern Avenue be stopped up and closed as public highways;

AND WHEREAS notice of Council's intention to stop up and close the said parts of Queen Street East and Eastern Avenue and the said public lane was advertised in a daily newspaper on .

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

1. Parts of the public highways Queen Street East and Eastern Avenue and the public lane south of Queen Street East extending westerly from Eastern Avenue, described by W. Kowalenko, Esq., O.L.S., City Surveyor, as follows:

In the City of Toronto and Province of Ontario, being composed of parts of the Public Highways Queen Street East and Eastern Avenue opened and extended by City of Toronto By-law 1127 (unregistered) and dedicated by City of Toronto By-law 5347 (21327T) and By-law 16981 (23303ES), part of the said Eastern Avenue being the remainder of Instrument 20896T, being part of Block W on Plan 326-E and parts of Lots 7 and 8, in the Broken Front Concession, in the Geographic Township of York, and part of the Public Lane on Plan 652-E, designated as PARTS 1, 2, 5, 6, 7, 8 and 12 on Plan 64R-16041 all of the said Plans being in the Land Registry Office for the Metropolitan Toronto Registry Division (No. 64)

are hereby stopped up and closed as public highways.

ENACTED AND PASSED this day of , A.D. 1998.

MEL LASTMAN, NOVINA WONG,

Mayor City Clerk

The Toronto Community Council also submits Clause 43 of Report No. 10 of the Toronto Community Council, headed "Proposed Closing of the Portion of Eastern Avenue Linking Queen Street East and the Eastern Avenue/Kingston Road Extension and Public Lane - 1641 Queen Street (East Toronto)":

(City Council on July 29, 30 and 31, 1998, adopted this Clause, without amendment.)

The Toronto Community Council recommends the adoption of the following report (July 8, 1998) from the Director, Infrastructure and Transportation, City Works Services:

Purpose:

To obtain authority for the stopping-up and closing of the portion of Eastern Avenue linking Queen Street East and the Eastern Avenue/Kingston Road extension, and the public lane at the rear of Premises No. 1641 Queen Street East, as public highway, in conjunction with the opening of the new portion of Eastern Avenue which will connect directly to Kingston Road at Queen Street East.

Funding Sources, Financial Implications and Impact Statement:

Funds in connection with the statutory processing of the proposal are accommodated in Capital Fund Account No. 296802.

Recommendations:

(1) That the portion of Eastern Avenue and the public lane shown hatched on the attached Plan SYE2891, be stopped-up and closed as public highway and placed under the jurisdiction of the Commissioner of Corporate Services;

(2) That easements be reserved as necessary for the Utility Companies, over the entire portion of Eastern Avenue and the public lane to be closed, for access, operation, use, inspection, repair, maintenance, reconstruction or alteration of the existing utilities and for the construction of additional or new services;

(3) That the City-owned strip of land, shown cross-hatched on the attached Plan SYE2891, be laid out, dedicated and declared to form part of Eastern Avenue; and

(4) That the appropriate City Officials be authorized and directed to take the necessary action to give effect to the foregoing, including the introduction in Council of any Bills that might be required.

Background:

As part of the development of the Woodbine Park subdivision (former Greenwood Racetrack site), a key transportation component was the acquisition by the City of the necessary lands to extend Eastern Avenue from its present terminus at Queen Street East in order to eliminate the current jog configuration and form a normalized intersection with Kingston Road. The former Toronto City Council, at its meeting of September 22 and 23, 1997, authorized the construction of the Eastern Avenue/Kingston Road extension and the necessary alterations to Kingston Road and Queen Street East to accommodate the new intersection (Clause 17 in City Services Committee Report No. 11).

The extension of Eastern Avenue to the Queen Street East/Kingston Road intersection is under construction with completion scheduled for the late summer/early fall of this year. At the time the new route is opened, the existing link to Queen Street East as shown schematically on the attached Plan SYE2891, will become largely redundant and can be closed to eliminate the jog condition. A dead-end lane midway between Queen Street East and Eastern Avenue with access only to this section of Eastern Avenue should also be closed.

Comments:

Works staff have received a request from Councillor Tom Jakobek to initiate the formal process to stop-up and close the portion of Eastern Avenue linking Queen Street East and the Eastern Avenue/Kingston Road extension, and conclude that the proposal is feasible. This existing portion of Eastern Avenue and the public lane, shown on the attached Plan SYE2891, although closed as public highway, should remain under City ownership at this time.

The entire portion of Eastern Avenue and the public lane to be closed, will be subject to easements in favour of various Utility companies. Due to time constraints associated with meeting the deadline for the City Council meeting of July 29, 1998, it has not been possible to establish specific utility requirements, however, the usual Departmental circulation will be carried out and the necessary information obtained over the next few weeks.

I note that two properties take access from this portion of Eastern Avenue and more particularly, the public lane also proposed to be closed, which on the ground is not well defined and appears to be a portion of the paved parking area. The owners/operators of the properties, which comprise a Harvey's Restaurant and a City Community and Neighbourhood Services Department site will be advised. Although both properties currently have alternate access, these discussions may identify other access adjustments or requirements that can be reported if necessary to the meeting of Toronto Community Council when deputations are heard.

Notice of the proposed street closing will be given pursuant to the screening process set out in Schedule "B" of the Class Environmental Assessment for Municipal Road Projects under the Environmental Assessment Act.

On a related matter, the new Eastern Avenue/Kingston Road extension was laid out and dedicated by Registered Plan 66M-2311. However, a City-owned strip of land, shown cross-hatched on the attached Plan SYE2891, must also be laid out and dedicated to form part of the Eastern Avenue/Kingston Road alignment.

Contact Name and Telephone Number:

Laurie Robertson, Project Technician - Street and Lane Closings (392-7711)

(City Council on November 25, 26 and 27, 1998, had before it, during consideration of the foregoing Clause, the following report (November 24, 1998) from the Commissioner of Works and Emergency Services:

Purpose:

To report on a request for a "bump-up" to the Minister of the Environment respecting the proposal to stop-up and close, as public highway, the redundant section of Eastern Avenue, from the new Eastern Avenue extension to Queen Street East.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications related to the deferral of the closings.

Recommendation:

It is recommended that consideration of the by-law and the introduction of the Bills to give effect to the closing, as public highways, of the redundant portion of Eastern Avenue linking Queen Street East and the Eastern Avenue/Kingston Road extension, and the public lane at the rear of Premises No. 1641 Queen Street East, be deferred until such time as the Minister of Environment and Energy has issued his decision on the "bump-up" request by the owner of Premises No. 1641 Queen Street East.

Background:

The Toronto Community Council at its meeting of November 12, 1998, in considering the draft by-laws for the closing of the portion of Eastern Avenue linking Queen Street East and the Eastern Avenue/Kingston Road Extension, recommended, among other things, that a by-law be enacted and that the necessary Bills be introduced in Council to give effect thereto. This matter is scheduled to be considered by City Council at its meeting of November 25, 1998 (Clause No. 17 of Report No. 14 of The Toronto Community Council).

Comments:

The closing of the subject portion of Eastern Avenue is the final step in the process of eliminating the jogged intersection of Eastern Avenue and Kingston Road at Queen Street East. With the recent opening of the new extension, the subject portion of Eastern Avenue has become largely redundant, in terms of its traffic carrying function, and its closing has been proceeding in accordance with Schedule "B" of the Class Environmental Assessment for Municipal Road Projects under the Environmental Assessment Act. This included notification in July of this year of the proposed closing to the abutting property owners and tenants.

This Department did not receive any response to the notifications issued in July from any of the affected parties. Nevertheless, at the Toronto Community Council meeting of November 12, 1998, Mr. Pitman Patterson of Borden and Elliot, on behalf of the owner of Premises No. 1641 Queen Street East (Lampos Holdings Limited) which is located at the southwest corner of Queen Street East and the subject section of Eastern Avenue, and Mr. John Pitcher, on behalf of the tenant Dinecorp. Hospitality Inc. (Harvey's restaurant), made deputations expressing their concerns with the proposed closing.

Consequently, staff met with Messrs. Patterson and Pitcher on November 19, 1998 to discuss the details of the proposed closing including the recommendation by The Toronto Community Council that vehicular access to their site be maintained over the portion of Eastern Avenue to be closed, to Queen Street East. At the meeting, which was conducted in a co-operative and amiable manner, it appeared that a resolution to the physical access issues could be developed. However, at the end of the meeting, staff was provided with a copy of a November 17, 1998 letter from Borden and Elliot, on behalf of Lampos Holdings Limited, to The Honourable Norman W. Sterling, Minister of Environment and Energy, requesting a "bump-up" of the project, under the provisions of the Environmental Assessment Act, from a "Class Environmental Assessment" to an "Individual Environmental Assessment". Among other things, the property owner has cited "serious business losses" as a result of the loss of exposure to through traffic on Eastern Avenue, should it be closed. It is important to note, however, that the reduction in the traffic volumes on this section of Eastern Avenue resulted from the construction of the Eastern Avenue/Kingston Road extension which, as indicated, is already in place and operational. The closing of the redundant section of Eastern Avenue which currently experiences minimal traffic volumes, in itself, is not the cause of the decrease in the through traffic volumes, nor do staff consider that the proposal would have any negative environmental impacts.

Under the provisions of the Environmental Assessment Act, the Ministry has 45 days to review the request for the "bump-up" and prepare a report for the Minister's consideration. The Minister then has 21 days within which to make a decision. In the meantime, staff of the Legal Services Division of Corporate Services have advised that a by-law cannot be enacted for the closing of a public highway or to implement any part of it. Accordingly, it will be necessary to defer this item at City Council at this time. My staff is preparing a submission to the Ministry of the Environment, in response to the bump-up request by Lampos Holdings Limited, to counter the complaints and claims made on behalf of the owner. If appropriate, staff from this Department, as well as staff of Corporate Services (Legal Services Division and Real Estate Division), will continue to meet with the representatives of the owner and tenant in an attempt to address their concerns to the satisfaction of all parties.

Contact Name and Telephone Number:

Andrew Koropeski, Director, Transportation Division, District 1, 392-7711.)

(A copy of the communication, dated November 17, 1998, from Borden and Elliot, Barristers and Solicitors, referred to in the foregoing report, is on file in the office of the City Clerk.)

(City Council on April 13, 14 and 15, 1999, had before it, during consideration of the foregoing Clause, the following report (April 8, 1999) from the Commissioner of Works and Emergency Services:

Purpose:

To report on the request by Lampos Holdings Limited, the owner of lands municipally known as 1641 Queen Street East, to the Minister of the Environment, for a "bump-up" of the proposed closing of a redundant portion of Eastern Avenue linking Queen Street East and the Eastern Avenue/Kingston Road Extension from a "Class Environmental Assessment" to an "Individual Environmental Assessment" under the provisions of the Environmental Assessment Act.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That this report be received for information.

Background:

City Council, at its meeting of November 25, 26 and 27, 1998, in considering Clause 1 in Report No. 1 of the Toronto Community Council entitled "Hearing - Closing of the Portion of Eastern Avenue Linking Queen Street East and the Eastern Avenue/Kingston Road Extension and the Public Lane - 1641 Queen Street East (East Toronto)" deferred consideration of this Clause to the first meeting in January 1999, in order to provide sufficient time for the Minister of the Environment to issue his decision on the "bump-up" request by the owner of Premises No. 1641 Queen Street East. This Clause was subsequently deferred to the City Council meeting of April 13, 1999 (Clause 1 in Report No. 3 of the Toronto Community Council).

Comments:

The Honourable Norman W. Sterling, Minister of the Environment, has reviewed the request by Lampos Holdings Limited, the owner of Premises No. 1641 Queen Street East, to "bump-up" the proposed closing of the redundant section of Eastern Avenue from a "Class Environmental Assessment" to an "Individual Environmental Assessment" under the provisions of the Class Environmental Assessment for Municipal Roads Projects. The Minister, in his review of the submissions made by Lampos Holdings Limited and by the City, concluded that the City satisfied the requirements for public consultation and notification under the Municipal Act and the Planning Act, and that there does not appear to be any significant environmental impacts on the surrounding community. Furthermore, vehicular access to the parking facility for Premises No. 1641 Queen Street East will be maintained. For these reasons, the Minister indicated in his decision dated March 25, 1999 (copy attached), that an individual environmental assessment is not warranted. Council is now in a position to adopt the Clause and enact the closing by-law.

Contact Name and Telephone Number:

Andrew Koropeski, Director, Transportation Services, District 1, 392-7711

I have reviewed your request on behalf of Lampos Holdings Ltd. to bump-up the proposed Eastern Avenue closing in the City of Toronto, and decided that an individual assessment is not warranted for the following reasons:

I understand that access and egress for a parking facility immediately to the south and west of 1641 Queen Street is provided by a public lane abutting the south limit of the property. The City of Toronto has committed to maintain this secondary access to your client's property by means of granting a right of way over the appropriate lands.

The City of Toronto met the environmental assessment requirements by following the Schedule B Screening process set out in the Municipal Engineers Association's Class Environmental Assessment for Municipal Road Projects, which included a public consultation process. It appears that the City of Toronto also met the requirements for public consultation and notification under the Municipal Act and the Planning Act.

There does not appear to be any significant environmental impact on the surrounding community. The closure of this portion of Eastern Avenue and associated works will provide an acceptable level of service and safety to motorists and pedestrians in the area as well as providing long-term opportunities for the area road network.

Thank you for bringing your concerns surrounding the closure of this portion of Eastern Avenue to my attention. I encourage you to contact Mr. John Mende at 416-392-7713 of the City of Toronto should you have any further questions regarding this proposal.)

Respectfully submitted,

KYLE RAE

Chair

Toronto, November 12, 1998.

(Report No. 5 of The Toronto Community Council, including an addition thereto, was adopted, without amendment, by City Council on April 13, 14 and 15, 1999.)