TABLE OF CONTENTS
REPORTS OF THE STANDING COMMITTEES
AND OTHER COMMITTEES
As Considered by
The Council of the City of Toronto
on July 29, 30 and 31, 1998
EAST YORK COMMUNITY COUNCIL
REPORT No. 11
1Don Valley Brickworks Naming a Room in Honourof Dr. A.P. Coleman
2Implementation of a Disabled Loading Zone Adjacent to 975 Cosburn Avenue
3Proposal for All-Way Stop Control at the Intersections of Woodmount Avenue
and Springdale Boulevard and at Woodington Avenue and Springdale
Boulevard
4Proposed Traffic Control Plan 870 Pape Avenue
5Application by Upper East Side Riverdale Inc. for an Exemption of Land from
the Provisions of Part-Lot Control - 870 Pape Avenue
6Enforcement Matters Concerning 210 Linsmore Crescent
7Public Meeting Held in Accordance with the Planning Act with Respect to a
Zoning By-law Amendment Application Submitted by Paul B. Jefferyin
Connection with 1150 Woodbine Avenue
8Public Meeting held in Accordance with the Planning Act with Respect to
Official Plan and Zoning By-law Amendment Applications Submitted by
Threegees Development Corporation in Connection with 11 Curity Avenue
9Request to Mount on City Property a Memorial Plaque in Honour of Mr. Percy
Gibbons
10Reduction of Hydro Services in the East York Community
11Discharge of Lien252 Torrens Avenue
12Discharge of Lien55 Sibley Avenue
13Other Items Considered by the Community Council
City of Toronto
REPORT No. 11
OF THE EAST YORK COMMUNITY COUNCIL
(from its meeting on July 22, 1998,
submitted by Councillor Michael Prue, Chair)
As Considered by
The Council of the City of Toronto
on July 29, 30 and 31, 1998
1
Don Valley Brickworks
Naming a Room in Honour
of Dr. A.P. Coleman
(City Council on July 29, 30 and 31, 1998, adopted this Clause, without amendment.)
The East York Community Council recommends the adoption of the following report
(July6,1998) from the Commissioner of Economic Development, Culture and Tourism:
Purpose:
The purpose of this report is to obtain approval for naming a room in Building No. 1 at the
DonValley Brick Works the "A.P. Coleman Room" in recognition of the important role
played by Dr. Coleman in the interpretation and understanding of the geological significance
of the site.
Funding Sources, Financial Implications and Impact Statement:
There is no financial impact associated with the proposed naming of the room.
Recommendations:
It is recommended that:
(1)the room at the north end of the second floor of Building No.1 at the Don Valley
BrickWorks be named the "A.P. Coleman Room" in recognition of the important role played
by Dr. Coleman in the interpretation of the geological significance of the site; and
(2)the appropriate City Officials be authorized and directed to take the necessary action to
give effect thereto.
Background:
The Don Valley Brick Works site was opened to the public on October 19, 1997 after an
extensive planning and construction process. The Master Plan that guided the regeneration of
the site articulated the themes that define the legacy of the Brick Works: geology; natural
history and regeneration; and industrial history. The interpretation of the site has been based
on presenting these themes to visitors and specialized study groups in a variety of ways.
The department of Economic Development, Culture and Tourism has established an
Operating and Programming Committee to advise on the future operation and development of
the Brick Works. The Committee has been looking for ways to highlight the important
geological aspects of the site. As part of this process, the Committee has expressed its desire
to name a room on the second floor of Building No. 1 the "A.P. Coleman Room" in
recognition of Coleman's role in publicizing the site's geological features. The Committee is
also attempting to secure private funds to locate a geological display in the room to coincide
with a major geological conference being held in Toronto in October1998.
Arthur Philemon Coleman was one of Canada's most famous geologists. He was born in
Lachute, Canada East, obtained his PhD in 1881 from Breslau University, and then began a
long teaching career as Professor of Geology and Natural History at Victoria University,
Cobourg. Dr. Coleman went on to become Head of the University of Toronto's Department of
Geology from 1901 until 1922.
Dr. Coleman's contributions to geology have been significant. His work changed the ideas
about the history of the Earth by disproving the accepted notion that one major glaciation had
been followed by a slow warming of the climate. At the North Slope at the Brick Works site,
Coleman identified warm climate fossils between two levels of glacial deposits and concluded
that there had been at least two fairly recent glaciations. Coleman's initiative and his
subsequent work have made the BrickWorks a geological site of international importance.
Conclusions:
The naming of a room at the Brick Works in recognition of the work of A.P. Coleman is a
fitting way to highlight the geological importance of the North Slope and will form a useful
part of the interpretation of the main themes associated with the site.
Contact Name:
Terry Nicholson
Tel. No. 392-4166
2
Implementation of a Disabled Loading
Zone Adjacent to 975 Cosburn Avenue
(City Council on July 29, 30 and 31, 1998, adopted this Clause, without amendment.)
The East York Community Council recommends as follows:
(1)that the "Disabled Pick-up/Drop-off Only" zone adjacent to 975 Cosburn Avenue be
limited to one parking space;
(2)that one disabled parking space be installed adjacent to 975 Cosburn Avenue should
there be sufficient space available after staff have determined the space needs for the
revised "Disabled Pick-up/Drop-off Only" zone;
(3)that should this disabled parking space be installed, then usage is permitted to any
vehicle with a legal disabled parking permit;
(4)that the appropriate by-laws be amended to give effect thereto; and
(5)that the following report (June 8, 1998) from the Commissioner of Development
Services, East York, be received:
The East York Community Council reports for the information of City Council having
requested the Commissioner of Works and Emergency Services to report after undertaking a
statistical review to determine whether further space adjacent to 975 Cosburn Avenue is
required for the "Disabled Drop-off/Pick-up Only" zone.
Purpose:
To report to the June 24, 1998, meeting of the East York Community Council on concerns
about disabled parking zone adjacent to 975 Cosburn Avenue.
Financial Implications:
The recommended changes can be accommodated in the existing Operating Budget.
Recommendations:
"It is recommended that:
(1)By-law No. 34-93 of the former Borough of East York be amended to replace the existing
"Disabled Parking Only, 9:00 a.m and 11:00 p.m." zone adjacent to 975 Cosburn Avenue with
a "Disabled Pick-up/Drop-off Only, Wednesday 5:00 p.m. to 11:00 p.m, Saturday 8:00 a.m. to
11:00 p.m. and Sunday 8:00a.m to 11:00 p.m." zone; and,
(2)the appropriate City Officials be authorized and directed to take the necessary action to
give effect thereto."
Background:
East York Community Council, at its meeting of May 27, 1998, requested the Interim
Functional Lead - Transportation to report to the June 24, 1998, meeting of the East York
Community Council on the feasibility of replacing the existing "Disabled Parking Only, 9:00
a.m and 11:00 p.m." zone adjacent to 975 Cosburn Avenue with a "Disabled Pick-up/Drop-off
Only, Wednesday 5:00 p.m. to 11:00 p.m, Saturday 8:00 a.m. to 11:00 p.m. and Sunday 8:00
a.m to 11:00 p.m." zone. The Community Council also requested information on addressing
the disabled parking needs for the resident at 974 Cosburn Avenue.
Discussion:
In a letter to this office dated February 2, 1998, Mr. Russell Dawes, representing the
ChristadelphianEcclesia Church at 975 Cosburn Avenue, requested that the current
"DisabledParking Only" signage adjacent to the church be changed to a Disabled Loading
Zone, seven days a week, or, if this was not possible, to have the Disabled Loading Zone in
effect on Wednesdays between 5:00 p.m. and 11:00 p.m., and Saturdays and Sundays, 24
hours per day or from 8:00 a.m. to 11:00 p.m.
The present time restrictions for this disabled parking area are 9:00 a.m. to 11:00 p.m. which
were derived to allow residents of the street to park in the area overnight. Initially, staff
recommended that the time restrictions for the proposed disabled loading zone be the same as
the existing restrictions. However, following the meeting of the East York Community
Council on May 27, 1998, it appears that some area residents are not comfortable with these
restrictions. Therefore, staff are prepared to recommend that the existing disabled parking area
be replaced with a disabled loading zone on Wednesdays between 5:00 p.m. and 11:00 p.m.,
Saturdays between 8:00 a.m. and 11:00p.m., and Sundays between 8:00 a.m. and 11:00 p.m.
The location of the parking area proposed for change is illustrated in Appendix 'A'.
With respect to the disabled parking needs of the resident at 974 Cosburn Avenue, we will
investigate the feasibility of implementing a disabled parking space upon receipt of a written
request from the resident accompanied by a photocopy of both sides of their Disabled Parking
Permit issued by the Ministry of Transportation of Ontario.
Conclusions:
To allow the area in front of 975 Cosburn Avenue to be available for members of the church,
and to address concerns of the adjacent residents, we recommend replacing the existing
disabled parking zone with a disabled loading zone effective on Wednesdays between 5:00
p.m. and 11:00 p.m., Saturdays between 8:00 a.m. and 11:00 p.m., and Sundays between 8:00
a.m. and 11:00 p.m. This change will keep the zone clear for boarding or discharging disabled
persons, but will prohibit parking by all vehicles, including those with a disabled parking
permit.
Upon receipt of a written request for a disabled parking space from the resident of
974CosburnAvenue, accompanied by a photocopy of both sides of their Disabled Parking
Permit issued by the Ministry of Transportation of Ontario, this office will investigate the
feasibility of implementing a disabled parking space in the vicinity of their home.
Contact Name:
Bryan Muir, Transportation Technologist
East York District
778-2227
bmuir@borough.eastyork.on.ca
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The following persons appeared before the East York Community Council in connection with
the foregoing:
Mr. David Middleton, East York; and
Mr. Russell Dawes, East York, on behalf of the Christadelphian Ecclesia Church.
3
Proposal for All-Way Stop Control at the Intersections
of Woodmount Avenue and Springdale Boulevard
and at Woodington Avenue and Springdale Boulevard
(City Council on July 29, 30 and 31, 1998, adopted this Clause, without amendment.)
The East York Community Council recommends the adoption of the following report
(July7,1998) from the Director of Transportation and Engineering Services, East York:
Purpose:
To report on the proposed introduction of all-way stop control at the intersections of
WoodmountAvenue and Springdale Boulevard and Woodington Avenue at Springdale
Boulevard.
Source of Funds:
The funds associated with the installation of all-way stop control at these two intersections
can be accommodated within the current 1998 Operating Budget.
Recommendations:
It is recommended that:
(1)The appropriate By-laws be amended to provide all-way stop control at the intersection of
Woodmount Avenue and Springdale Boulevard;
(2)The appropriate By-laws be amended to provide all-way stop control at the intersection of
Woodington Avenue and Springdale Boulevard; and,
(3)The appropriate City Officials be authorized and directed to take the appropriate action to
give effect thereto.
Council Reference/Background/History:
The Works and Emergency Services Department received a request from Mr. Anthony Ali,
115Woodmount Avenue, through Councillor Case Ootes' office for the installation of all-way
stop control at the intersection of Woodmount Avenue and Springdale Boulevard. A
preliminary review of the area indicated that Woodmount Avenue and Springdale Boulevard
and Woodington Avenue and Springdale Boulevard are the only two remaining intersections
in the neighbourhood which do not have all-way stop control. For this reason, staff reviewed
the applicability of all-way stop control at both intersections.
Comments and/or Discussion and/or Justification:
Staff of the Works and Emergency Services Department completed a comprehensive review
of the installation of all-way stop control at the intersection of Woodmount Avenue and
SpringdaleBoulevard and Woodington Avenue and Springdale Boulevard. This review
included an analysis of recent traffic turning movement counts at both intersections, a review
of the historical collision history as well as a review of the appropriateness of all-way stop
control, given the traffic characteristics of the neighbourhood.
The application of recent turning movement counts at both intersections to the East York
all-way stop warrant reveals that both intersections do not satisfy the warrant criteria. Both
intersections are less than 60 per cent. warranted.
One reportable collision occurred at the intersections of Woodington Avenue and Springdale
Avenue, between January 1, 1997 and December 31, 1997, which would have been
susceptible to correction with all-way stop control.
A field investigation by staff revealed, however, that the above-noted intersections are the
only two intersections not controlled by all-way stops in the neighbourhood bounded by
Sammon Avenue, Coxwell Avenue, Woodbine Avenue and Danforth Avenue ( the
intersection of Sammon Avenue and Glebemount Avenue was approved for all-way stop
control by East York Community Council on June 24, 1998). Within an area such as this,
where all-way stop control is prevalent, the motorist perceives a reasonable expectation that
similar controls exist throughout the neighbourhood. A field review conducted by staff
confirms that the expectation for east/west motorists on SpringdaleBoulevard is that
north/south motorists also must stop at these two intersections. For this reason,
notwithstanding that the volumetric and collision warrants are not satisfied, the introduction
of all-way stop control at these two intersections is prudent based upon sound traffic
engineering judgement. A diagram showing the location of all-way stop control in this
neighbourhood is attached for reference.
Conclusions:
Although the technical all-way stop warrant criteria are not met at the intersections of
WoodmountAvenue and Springdale Boulevard and Woodington Avenue and Springdale
Boulevard, the prevalence of all-way stop control in the immediate area give the motorist the
reasonable perception that all intersections are under all-way stop control. For this reason,
staff recommend the installation of all-way stop control at these two intersections.
Contact Name:
Peter Bartos, P.Eng., Transportation Engineer,
East York District
Tel. No. 778-2225
4
Proposed Traffic Control Plan
870 Pape Avenue
(City Council on July 29, 30 and 31, 1998, adopted this Clause, without amendment.)
The East York Community Council recommends the adoption of the following report
(July8,1998) from the Director of Transportation and Engineering Services, East York:
Purpose:
To report on the proposed parking restrictions, stop control and one-way street designations
for EastYork Avenue, Macphail Avenue and the associated laneways which form part of the
870PapeAvenue development located at the southwest corner of the intersection of Pape
Avenue and Mortimer Avenue.
Source of Funds:
Funds have been secured from the developer for the costs associated with the erection of the
required signage.
Recommendations:
It is recommended that:
(1)Schedule VIII of East York By-law No. 92-93 be amended to prohibit parking anytime on
the east side of the lane west of East York Avenue between MortimerAvenue and the lane
south of Macphail Avenue;
(2)Schedule VIII of East York By-law No. 92-93 be amended to prohibit parking anytime on
the east side of East York Avenue from Mortimer Avenue to MacphailAvenue;
(3)Schedule VIII of East York By-law No. 92-93 be amended to prohibit parking anytime on
both sides of the lane west of Pape Avenue between Mortimer Avenue and the lane north of
Macphail Avenue;
(4)Schedule VIII of East York By-law No. 92-93 be amended to prohibit parking anytime on
both sides of the lane north of Macphail Avenue, between EastYorkAvenue and Pape Avenue;
(5)Schedule VIII of East York By-law No. 92-93 be amended to prohibit parking anytime on
the north side of Macphail Avenue between the lane west of EastYorkAvenue and Pape
Avenue;
(6)Schedule VIII of East York By-law No. 92-93 be amended to prohibit parking anytime on
the south side of Macphail Avenue from a point 32 metres west of PapeAvenue to the lane
west of East York Avenue;
(7)Schedule VIII of East York By-law No. 92-93 be amended to prohibit parking anytime on
both sides of the lane south of Macphail Avenue from Pape Avenue to the lane west of East
York Avenue;
(8)Schedule XII of East York By-law 92-93 be amended to designate the lane west of East
York Avenue between Mortimer Avenue and the lane south of Macphail Avenue as one-way
southbound;
(9)Schedule XII of East York By-law 92-93 be amended to designate East York Avenue
between Macphail Avenue and Mortimer Avenue as one-way northbound;
(10)Schedule XII of East York By-law 92-93 be amended to designate Macphail Avenue
between Pape Avenue and East York Avenue as one-way westbound;
(11)Schedule XIX of East York By-law 92-93 be amended to provide stop control for
westbound motorists on Macphail Avenue at the lane west of East York Avenue;
(12)Schedule XIX of East York By-law 92-93 be amended to provide stop control for
southbound motorists on the lane west of Pape Avenue at the lane north of Macphail Avenue;
and,
(13)Schedule XIX of East York By-law 92-93 be amended to provide stop control for
westbound motorists on the lane north of Macphail Avenue at East York Avenue.
Council Reference/Background/History:
In October, 1997, East York Council approved a development consisting of 80 townhouse
style units at the southwest corner of Pape Avenue and Mortimer Avenue. A Plan of
Subdivision has been registered and construction has begun. In advance of the completion of
the project, it is necessary to pass By-laws dealing with parking restrictions, one-way street
designations, and stop signs which were developed during the planning of this project.
Comments and/or Discussion and/or Justification:
The development at 870 Pape Avenue consists of two public streets and four public lanes
serving the garages for the townhouses. The streets are named East York Avenue and
Macphail Avenue. EastYork Avenue is the north/south street within the development and has
access from MortimerAvenue. Macphail Avenue is the east/west street and has access to Pape
Avenue.
The original site circulation plan provided two-way lane access at the westerly lane accessing
MortimerAvenue. The residents on the north side of Mortimer Avenue appealed the
development to the Ontario Municipal Board on the basis that motorists leaving the site via
this laneway would shine their headlights into their homes at night. East York staff met with
representatives from the developer and the residents and agreed to change the street
circulation plan of the development to allow for only southbound access at the westerly lane.
Given the relatively low traffic volumes generated by this development, adequate
access/egress to the site can be maintained. Since these roads are designated as public
highways, however, staff may modify the access arrangements at any point in the future to
address operational or safety concerns. To this end, staff will monitor traffic operations in this
area after full build-out of the development.
The proposed site circulation plan is shown graphically in a map attached to this report. This
map also indicates the proposed parking restrictions and area stop controls.
Conclusions:
It is necessary at this time to submit a report recommending amendments to various East York
By-laws for parking and traffic controls associated with the development at 870 Pape Avenue.
The costs associated with the installation of the proposed parking and operational signage will
be borne by the developer.
Contact Name:
Peter Bartos P.Eng.
Transportation Engineer
East York District
778-2225
5
Application by Upper East Side
Riverdale Inc. for an Exemption
of Land from the Provisions of
Part-Lot Control - 870 Pape Avenue
(City Council on July 29, 30 and 31, 1998, adopted this Clause, without amendment.)
The East York Community Council recommends the adoption of the following report
(July10,1998) from the Commissioner of Development Services, East York:
Purpose:
This report to the July 22, 1998 East York Community Council concerns a request by
UpperEastSide Riverdale Inc. for an exemption of a portion of the lands at 870 Pape Avenue
from the provisions of part-lot control.
Source of Funds:
N.A.
Recommendations:
1.That pursuant to Section 50(7) of the Planning Act, that City Council enact the By-law
which is attached to this report as Appendix "A", and which exempts the lands forming Block
7 of Registered Plan 66M-2325 at 870 Pape Avenue from the provisions of part-lot control.
2.That pursuant to the Ontario Regulation 476/83, upon the enactment of the By-law, the
Clerk be directed to forward it to the Commissioner of Planning of the former Metropolitan
Toronto.
3.That upon the enactment and approval of the By-law by City Council, the City Solicitor for
the East York Office be directed to register the By-law on title to the property known as Block
7 of Registered Plan 66M-2325.
4.That the owner and his Solicitor be required to provide an undertaking that they will advise
the City Solicitor for the East York Office immediately upon the conveyance of each of the
lots.
5.That pursuant to Section 50(7) of the Planning Act, immediately upon the conveyance of
each lot, the City Solicitor for the East York Office be directed to bring forward a By-law to
repeal the part-lot control exemption.
6.That the City Solicitor for the East York Office be directed to register the By-law described
in recommendation No. 5 contained in the report of the Commissioner of Development
Services for the East York Office dated June 30, 1998, on title to the newly created properties.
Background:
The site is located on the south-west corner of Pape and Mortimer Avenues. In the summer
and fall of 1997, the former East York Council approved a site specific official plan
amendment, rezoning, plan of subdivision and site plan, to permit the development of these
lands for 78 semi-attached and townhouse units. The plan of subdivision was undertaken to
establish the municipal streets and major blocks of land. It was the developer's intention to
apply for the removal of part-lot control to establish the titles to the individual lots for each
housing unit. In fact, this was a condition of draft plan approval.
The provisions for the removal of part-lot control are set out in the Planing Act. They permit
municipalities to authorize conveyance of land by the passage of a By-law to suspend the
application of part-lot control. Part-Lot control normally applies to all lands within a
registered plan of subdivision. The reinstatement of part lot control following the conveyance
of land prevents future landowners from any further subdivision and conveyance of their lots.
This method of land division is typically used in developments of semi-detached dwellings
and townhouses where it is easier to draw lot boundaries after the final detailed design of the
dwellings has taken place or after the demising walls between units have actually been
constructed.
It was the developer's intention to apply for the removal of part-lot control on all of the units
in the project at the same time. They are now requesting that part-lot control be removed on
only one block of land at this time. In the future, they will likely apply for removal of part-lot
control on the other blocks.
Discussion:
The by-law attached as Appendix "A" to this report will create these lots while the
undertaking which implements the recommendations will ensure:
•that the requirements of the Planning Act concerning the By-law's approval and registration
are carried out; and,
•that part-lot control is reinstated once the conveyance of these lots has been arranged. This is
required to prevent any further land subdivision by future landowners without further
municipal approval.
Usually on applications for the removal of part-lot control, staff recommend that the City
enter into an agreement with the developer regarding conditions that the applicant must satisfy
before part-lot control is lifted. However, in this case, the site is part of a registered plan of
subdivision and is under site plan control. Any major issues regarding the development of the
site have been secured through the City's existing subdivision and site plan control
agreements with the developer.
Conclusions:
Staff believe that the City's interests have already been adequately secured through the
existing subdivision and site plan control agreements. Therefore, we recommend that this
application for the exemption from part-lot control be approved.
Contact Name:
David Oikawa,
Director of Planning (East York)
778-2049
466-9877 (fax)
doikawa@borough.eastyork.on.ca
--------
Appendix A
Draft By-law for the lifting of Part-Lot Control on
Block 7 of Registered Plan 66M-2325 at 850 Pape Avenue
Authority: East York Community Council Report No. _____(___), July 22, 1998
Intended for first presentation to Council: July 29, 1998
Adopted by Council:
Bill No.
City of Toronto
By-law
A by-law pursuant to the provisions of Section 50(7) of the Planning Act, R.S.O. 1990, c.
P.13, to exempt certain lands being Block 7 of Registered Plan 66M-2325 at 870 Pape
Avenue, in the City of Toronto (formerly Borough of East York).
Whereas, pursuant to the provisions of Section 50(7) of the Planning Act, R.S.O. 1990, c.
P.13, the Council of a municipality may by by-law provide that Subsection 50(5) of the Act
does not apply to certain lands within a plan of subdivision designated in the by-law;
The Council of the City of Toronto Hereby Enacts as follows:
1.That subsection 50(5) of the Planning Act, R.S.O. 1990, c. P.13 does not apply to the
following lands located within a plan of subdivision:
All And Singular that certain parcels or tract of land and premises situate, lying and being in
the City of Toronto (formerly Borough of East York) and being composed of Block 7 of
Registered Plan 66M-2325 at 870 Pape Avenue, but only for the purpose of:
a)conveying the whole of one or more parts shown on the plan attached hereto as Schedule
"1" (hereinafter called the "Plan"); and,
b)conveying the whole of one part shown on a reference plan to be approved by the
Commissioner of Urban Planning & Development Services as may be required to identify
easements and encroachments.
2.That this by-law shall not come into effect until:
i)it has been approved by the approval authority or its delegate, if required, pursuant to the
Planning Act; and,
ii)this by-law has been registered on title.
Enacted and Passed this day of , A.D.
________________________ ___________________________ Mel Lastman,Novina
Wong,
MayorCity Clerk
6
Enforcement Matters Concerning
210 Linsmore Crescent
(City Council on July 29, 30 and 31, 1998, amended this Clause by striking out the
Recommendations of the East York Community Council and inserting in lieu thereof the
following recommendations:
"It is recommended that the proposal made by James Kaspiris and 1083558 Ontario Limited
be accepted subject to the following conditions:
(a)that the roof slope be similar to the roof slope as shown on the original approved building
permit drawings and be lowered by at least 1.14 metres;
(b)that payment in the amount of $10,382 plus accrued interest pursuant to outstanding
orders be paid to the City on or before August 19, 1998;
(c)that an application for a building permit, accompanied by plans and specifications
prepared in full compliance with the requirements of the Building Code Act and the
provisions of this resolution, be submitted to the Chief Building Official on or before August
19, 1998;
(d)that 1083558 and Kaspiris enter into a written agreement with the City on or before
August 19, 1998 setting out the terms of the variation of the Order of Mr. Justice Festeryga
dated April 21, 1998 satisfactory to the City Solicitor;
(e)that all work in accordance with the building permit issued shall be completed within 120
days of the date of such agreement, but any period for the processing of the building permit
(i.e. the date of receipt of the application to the date of refusal or approval of the application)
shall be excluded from the 120 day period; and
(f)that in the event of default, all of the provisions of the Order of Mr. Justice Festeryga shall
apply with respect to such default, and the City Solicitor and the Chief Building Official are
authorized to seek full compliance with the Orders of Madam Justice Chapnik and Mr. Justice
Festeryga dated May 12, 1995 and April21, 1998, respectively.")
The East York Community Council recommends as follows:
(1)that the following proposal by 1083558 Ontario Limited presented by Mr. Maniates,
Architect and Mr. James Kaspiris to lower the roof by four feet to a flat roof be refused;
(2)that the deputations by Mr. Maniates and Mr. Kaspiris to the effect that they will not
agree to a settlement based on a 1.14 metre reduction utilizing a sloped roof design as
per the original approved building permit drawings be acknowledged;
(3)that in light of Clauses No. 1 and No. 2 of the aforementioned recommendations, the
City Solicitor and the Chief Building Official be authorized to seek full compliance with
the Order of Madame Justice Chapnik dated May 12, 1995, and to be enforced in
accordance with the provisions of the Order of Mr. Justice Festeryga dated
April21,1998, including the remedies set out in paragraph 4 thereof;
(4)that the following confidential report (July 16, 1998) from the City Solicitor, East
York, be received:
(5)that the following communications be received: (July 9, 1998) and (July 16, 1998)
from Mr. James Kaspiris, East York; (July 20, 1998) from Mr. Michael Tziretas, East
York;
(July 21, 1998) from Mr. Robert Sacco, East York; (July 21, 1998) from Mr. Paraskevo
Buczek, East York; (July 21, 1998) from Mr. Salvatore Fisicio and Ms. Jean Fisico, East
York; (July 21, 1998) from Ms. Kay Gadakis, East York; (June 21, 1998) from Mr. Tim
Cholvat, East York; and (July 20, 1998) from Ms. Lorna Krawchuk, East York:
(July 16, 1998) from Mr. Chuck Loopstra, Loopstra, Nixon and McLeish, Solicitors for East
York, reporting confidentially with respect to the property located at 210 Linsmore Crescent.
The East York Community Council submits the following communication (July 9, 1998)
from Mr. James Kaspiris, East York:
"I am President of 1083558 Ontario Limited, the owner of 210 Linsmore Crescent. Pursuant
to the April 21, 1998 Order of the Honourable Mr. Justice Festeryga, I would ask that this
matter be placed on the Local Community Council agenda to be spoken to on July 22, 1998.
Should you have any questions with respect to this matter, please feel free to call me at
(416)466-1165.
I thank you in advance for your anticipated cooperation."
The East York Community Council also submits the following communication (July 16,
1998) from Mr. James Kaspiris, East York:
"I am hereby requesting that my written proposal be submitted to the East York Community
Council to be added to the supplementary agenda for consideration on July 22, 1998 as
requested by Mr.Loopstra's letter dated July 9, 1998."
The East York Community Council also submits the following communication (July 16,
1998) from Mr. James Kaspiris, East York:
"As per CM Loopstra's letter dated July 10, 1998, the following is the proposal that I submit
for consideration to the East York Community Council:
To issue a Building Permit based on the existing plans submitted by Mr. Papapetrou in
September1997 to the Building Department at the former Borough of East York Civic Centre.
The said permit shall require a roof reduction, at 210 Linsmore Crescent, of 1.219 meters (4
feet) to a flat roof design - an increase of 0.079 meters (4") from the 1.14 meters (3'8") stated
in the recent minutes of settlement and in the Papapetrou drawings in addition also we change
the roof shingles to a light color.
Alternatively, if the above proposal to reduce the height is not accepted, then a monetary
penalty be imposed in lieu of lowering the roof.
I believe that the above proposal is fair, and most certainly achieves the end-result that the
City of Toronto (East York) is seeking.
I thank you in advance for your thoughtful consideration."
The East York Community Council also submits the following communication (July 20,
1998) from Mr. Michael Tziretas, East York;
"Please be advised that as a former member of East York Council having been part of the
frustrating process to rectify this matter to the satisfaction of the former Borough of East
York, I would encourage you to accept the proposal before you today that will lower the roof
of the house by four feet - a reduction that exceeds the reduction (three feet, eight inches)
agreed upon in the recent minutes of settlement - in order to bring closure to this ongoing and
costly matter.
The objective, of course, is to lower the roof in accordance with the previous Council's
understanding, the East York Committee of Adjustment decision, and the minutes of
settlement from September 1997. Moreover, since the design of the (new) roof is regrettably,
in my opinion beyond the authority of the City and its zoning by-laws, the focus should be on
the physical reduction of the roof as per the minutes of settlement."
The East York Community Council also submits the following communication (July 21,
1998) from Mr. R. Sacco, East York:
"We, the undersigned residents of Linsmore Crescent, support Mr. James Kaspiris, the owner
of 210 Linsmore Cres., in his request to leave the roof of the house as it is, and pay some sort
of penalty instead.
If the Council cannot accept the above proposal, than we support Mr. Kaspiris' alternative
proposal to reduce the existing to a flat roof by 4' - 0", and change the colour of shingle colour
of the roof which remains."
The East York Community Council also submits the following communication (July 21,
1998) from Mr. Paraskevo Buczek, East York:
"We, the undersigned residents of Linsmore Crescent, support Mr. James Kaspiris, the owner
of 210 Linsmore Cres., in his request to leave the roof of the house as it is, and pay some sort
of penalty instead.
If the Council cannot accept the above proposal, than we support Mr. Kaspiris' alternative
proposal to reduce the existing to flat roof by 4' - 0", and change the colour of shingle colour
of the roof which remains."
The East York Community Council also submits the following communication (July 21,
1998) from Ms. Jean Fisico and Mr. Salvatore Fisico, East York:
"We, the undersigned residents of Linsmore Crescent, support Mr. James Kaspiris, the owner
of 210 Linsmore Cres., in his request to leave the roof of the house as it is, and pay some sort
of penalty instead.
If the Council cannot accept the above proposal, than we support Mr. Kaspiris' alternative
proposal to reduce the existing to a flat roof by 4' - 0", and change the colour of shingle colour
of the roof which remains.
Please do not cause this street more aggravation having to put up with construction, and a
future of looking at a eyesore with a flat roof, just for the sake of a few people on the street
who have turned a mistake into a personal vendetta of hate and malicious, vindictive
behaviour, for which we will have to pay for, for the rest of our life. Life is too short to carry
such a burden of selfishness. Please leave these people alone and lets get on with our lives."
The East York Community Council also submits the following communication (July 21,
1998) from Ms. Kay Gadakis, East York:
"We, the undersigned residents of Linsmore Crescent, support Mr. James Kaspiris, the owner
of 210 Linsmore Cres., in his request to leave the roof of the house as it is, and pay some sort
of penalty instead.
If the Council cannot accept the above proposal, than we support Mr. Kaspiris' alternative
proposal to reduce the existing roof by 4' - 0", and change the colour of shingle colour of the
roof which remains."
The East York Community Council also submits the following communication (June 21,
1998) from Mr. Tim Cholvat, East York:
"This is to encourage you to support the order of Madame Justice Chapnik.
As you know, this issue has been addressed several times by East York Council, East York
Committee of Adjustment and the Courts of the Province of Ontario over the past years.
During this time the owners have continually frustrated the process and have shown general
contempt for the institutions in place to manage building and development within East York
and the Province of Ontario.
As an East York Councillor I had to consider this issue on a few occasions. The first time I
thought that we could find a middle ground. An agreement was in place to remove a major
portion of the roofline that seemed to satisfy all parties. In my opinion, the homeowner did not
live up to his end of the agreement.
As we progressed through the various times that I considered this issue, I came to conclusion
that there is no middle ground.
You will hear arguments from the homeowner about fairness of process. You will hear
arguments about financial impact. You will hear arguments about the impact on the
architectural style.
I encourage you to consider fairness of process by reflecting back on the number of times the
homeowner has been given a bit of leeway. Every time he has thumbed his nose at the
process.
I encourage you to consider the financial aspects by reflecting on the amount of money that
the homeowner has spent pursuing this matter through the Municipal government and the
Ontario Courts. If financial consideration was truly an issue then the homeowner would have
been more prudent to settle this years ago.
I encourage you to consider the architectural style arguments by reflecting on the impact on
the street today. I think you should be considering how the house fits in with its neighbours
more than whether the house looks poor with a flat roof.
This is a time that our elected officials take a stand against abuse of process and do the right
thing.
Support the previous position of Madame Justice Chapnick. Don't go down the road of trying
to find a middle ground solution. This has gone on long enough."
The East York Community Council also submits the following communication (July 20,
1998) from Ms. Lorna Krawchuk, East York:
"I understand that the issue of the height of this residence is an issue before this Council once
again, and that there is a proposal before you involving a flat roof and no substantial decrease
in the building height.
After the long history of this project with various Councils of the former Borough of East
York, I would urge you to listen to the wishes of the neighbours on Linsmore Crescent,
including former Councillor Paul Robinson, and to insist on a substantial lowering of the
building."
Mr. Denny Maniates submitted for the consideration of the East York Community Council
sketches depicting the design in accordance with the Order of Madame Justice Chapnik; the
design in accordance with the Minutes of Settlement; and the recent design proposal put
forward by Mr. Kaspiris.
The following persons appeared before the East York Community Council in connection with
the foregoing:
-Mr. Denny Maniates, East York;
-Mr. James Kaspiris, East York;
-Mrs. Doumouras, East York;
-Mr. Paul Robinson, East York;
-Mr. Brian Barron, President, Ward 2 Property Owners Association of East York, East York;
and
-Mr. John Papadakis, East York.
(City Council on July 29, 30 and 31, 1998, had before it, during consideration of the
foregoing Clause, a confidential report (July 27, 1998) from Mr. C. M. Loopstra, Loopstra,
Nixon & McLeish, City Solicitors - East York, respecting enforcement matters concerning 210
Linsmore Crescent, such report to remain confidential in accordance with the provisions of
the Municipal Act.)
7
Public Meeting Held in Accordance with the Planning Act
with Respect to a Zoning By-law Amendment
Application Submitted by Paul B. Jeffery
in Connection with 1150 Woodbine Avenue
(City Council on July 29, 30 and 31, 1998, adopted this Clause, without amendment.)
The East York Community Council after considering the deputations and based on the
findings of fact and conclusions, recommends as follows:
(1)that the Zoning By-law Amendment Application submitted by Mr. Paul B. Jeffery to
permit five dwelling units in the semi-detached building at 1150WoodbineAvenue be
refused for the reason that the number of proposed units is an inappropriate use of the
lands;
(2)that the following report (July 9, 1998) from the Commissioner of Development
Services, East York, be received;
(3)that City Council approve an amendment to Zoning By-law No. 6752 to permit three
dwelling units in a semi-detached dwelling at 1150 Woodbine Avenue;
(4)that the Fire Chief and the Chief Building Official be requested to inspect the site
should a building permit application be submitted by the applicant when converting the
property at 1150 Woodbine Avenue to the three units as noted in Clause No. 3 of the
aforementioned recommendations to ensure the property meets the requirements of the
Ontario Fire Code and the Ontario Building Code; and
(5)that the following communications be received: (July 9, 1998) from Ms. Elizabeth
MacLeod and Mr. Paul Wilson; (undated) from Mr. and Mrs. Siagris, East York;
(July20, 1998) from Li Hou and Te Wu, East York; and (July 22, 1998) from
Ms.CatherineDuBoisson, East York:
The East York Community Council reports having held a statutory public meeting on July 22,
1998, in accordance with Section 34 of the Planning Act, and appropriate notice of this
meeting was given in accordance with the Planning Act and the regulations thereunder.
Purpose:
The purpose of this report is to provide the East York Community Council with a staff
opinion and recommendations on an application to amend Zoning By-law No. 6752 to permit
five dwelling units in a semi-detached dwelling at 1150 Woodbine Avenue.
The report is for the East York Community Council's consideration at the public meeting on
July22,1998.
Recommendations:
It is recommended that City Council:
(1)refuse the application by Mr. Paul Jeffery to amend Zoning By-law No. 6752 to permit
five dwelling units in a semi-detached dwelling at 1150 Woodbine Avenue; and
(2)pass an amendment to Zoning By-law No. 6752 to permit four dwelling units in a
semi-detached dwelling at 1150 Woodbine Avenue, and that the Zoning By-law amendment
require a minimum of four on-site parking spaces with a minimum width of 2.3 metres.
Background:
Mr. Paul Jeffery submitted an application on behalf of the owner, Tina Soulis, to amend
Zoning By-law No. 6752 to permit five residential units in an existing semi-detached dwelling
at 1150Woodbine Avenue. The applicant submitted the application in response to by-law
enforcement action by the City.
Site Description:
The site is a 205 m2 (2,200 sq. ft.) property located at the northwest corner of Woodbine
Avenue and Queensdale Avenue. The site location is shown on the attached Location Map.
The property was originally developed with a two-storey detached building that was used for
commercial and residential uses. In 1994, the owner converted it into a semi-detached
dwelling by constructing another dwelling on the north side of the original house. The lot was
subsequently severed to create two properties. The two lots are now known municipally as
1150 and 1152Woodbine Avenue. This application deals with 1150 Woodbine Avenue only.
The semi-detached dwelling at 1150 Woodbine Avenue has a floor area of approximately 163
m2 (1,760 sq. ft.), plus a 90 m2 (960 sq. ft.) basement.
Proposal:
There are five dwelling units in the house. Two of the units were established legally. The
applicant is seeking approval to maintain three units that were established without zoning
approval. The five units are shown on the attached floor plans.
One of the legal units (Unit 1) is on the second floor, and is approximately 74 m2 (800 sq. ft.)
in area. The other one (Unit 2) is located on the ground floor, at the rear of the house, and is
approximately 40 m2 (440 sq. ft. in area). Staff from the Building and By-law Enforcement
Division investigated the history of the uses on the site as part of their by-law enforcement
action, and are satisfied that these two units were established before the Zoning By-law was
passed in 1960.
The applicant is seeking to legalize the other three units. Unit 3 is located on the ground floor
at the front of the dwelling, and is approximately 48 m2 (520 sq. ft.) in area. This unit was
previously used for commercial uses, including a tailor and dry cleaning depot, and a business
office.
The applicant is also seeking permission to maintain two basement apartment units (Units 4
and 5), each of which is approximately 40 m2 (430 sq. ft.) in area.
The applicant is proposing to provide four parking spaces, including two on-site spaces and
two boulevard spaces. The proposed parking spaces are shown on the applicant's Site Plan
(attached).
Official Plan:
The property is located in the vicinity of the boundary between a Low Density Residential
designation and a Main Streets Commercial/Residential designation in the Official Plan for
the Borough of EastYork. The Interpretation policies in Section 4.1 indicate that the
boundaries between designations are approximate and are not intended to define exact
locations except where they coincide with clearly recognizable features on the map, such as
roads. There is no clearly recognizable feature defining the boundary between the Low
Density Residential and Main Streets Commercial/Residential designations in this case. Since
the site and the surrounding area are predominantly residential, staff are of the opinion that the
Low Density Residential policies should apply in this case.
The Low Density Residential policies are in Section 3.3 of the Official Plan.
The Low Density Residential policies permit the land to be zoned for ground-oriented housing
forms, such as detached, semi-detached and row house dwellings. Other housing forms such
as plexes may also be permitted.
Section 3.3.8 states, "The zoning by-law shall establish the density and nature of development
in Low Density Residential areas based on the prevailing and desired physical characteristics
of the area."
Section 2.5 of the Official Plan contains general housing policies that encourage
intensification of the existing housing stock. Section 2.5.22 permits apartments in detached
and semi-detached dwellings and rowhouses in residential areas provided they maintain a
minimum of one parking space per residential unit.
Zoning By-law:
The property is zoned R2A in Zoning By-law No. 6752. The zoning by-law permits
one-family detached and semi-detached dwellings, and institutional uses, but not a five-unit
dwelling. The Council of the former Borough of East York passed By-law No. 148-97 on
October 7, 1997 to permit an accessory apartment unit in a detached or semi-detached
dwelling. The by-law does not permit more than one extra dwelling unit, however, so a
Zoning By-law amendment is necessary to permit five units in the building.
Comments:
Circulation:
The application was circulated to the usual commenting departments and agencies. The
following agencies replied with no concerns.
a)Engineering and Transportation Services Division;
b)The Building and By-law Enforcement Division noted that the applicant will be required to
comply with certain provisions of the Ontario Building Code;
c)Fire Department;
d)Toronto Hydro;
e)Consumers Gas;
f)Bell Canada;
g)Parks, Recreation and Operations Department;
The application was also circulated to the Health Department, the Toronto Board of
Education, the Separate School Board, the Police Department, and Rogers Cable. No
comments were received.
Notice of the Public Meeting:
Notice of the Public Meeting was circulated to every owner of land within 400 feet of the site.
Planning Comments:
Planning staff can only support four residential units in the house for the following reasons:
- Policy 2.5.22 of the Official Plan permits accessory apartments in semi-detached
dwellings, provided they maintain at least one parking space per residential unit. The
applicant is proposing four parking spaces, however, two of the proposed spaces would be
located on the Queensdale Avenue Boulevard. There is enough room in the rear yard for
four parking spaces if the spaces are re-oriented so that they face north (towards the
adjacent rear yard). Each space would be approximately 2.36 metres (7' 9") wide instead of
2.40 metres (7' 11") wide, as required by the Zoning By-law. This deficiency is minor, in
the opinion of Planning staff and Engineering and Transportation Services staff, and could
be recognized in the Zoning By-law Amendment. By providing four parking spaces
on-site, the applicant could comply with this Official Plan policy, but only for four
dwelling units. Therefore, staff can support four dwelling units, provided four on-site
parking spaces are provided. A Site Plan showing this alternative parking layout is
attached.
- The other policies in Section 2.5 of the Official Plan encourage intensification of the
housing stock; promote the conservation and maintenance of the existing housing stock;
and promote the provision of private rental accommodation. These policies generally
support apartments in the house.
- The property has been used for various commercial uses in conjunction with accessory
dwelling units for several years. In the opinion of staff, there will not be any adverse
changes to the neighbourhood if the use of the property is changed to four apartment units.
Conclusion:
The Official Plan housing policies and the Low Density Residential policies generally support
intensification of the property with accessory apartments. Staff cannot support the proposal
for five units, however, because the proposal does not comply with the Official Plan policy
requiring one parking space per unit.
Staff are satisfied that the Official Plan policies would support a zoning amendment to permit
four dwelling units on the property, if the applicant provides four on-site parking spaces. If
Council is satisfied that four dwelling units are appropriate for the property, staff should be
requested to prepare an amendment to the zoning by-law to permit four units and to require
four on-site parking spaces with a minimum width of 2.3 metres.
City Wide Issues:
None.
Contact Name:
Paul Galvin, Planner
Phone: (416) 778-2043
Fax: (416) 466-9877
pgalvin@borough.eastyork.on.ca
The East York Community Council also submits the following communication (July 9,
1998) from Ms. Elizabeth MacLeod and Mr. Paul Wilson, East York:
"Thank you for giving us the opportunity to comment on this amendment request.
We are opposed to granting the above request. We chose to live in this area because it consists
of single-family residences, not multiple-family dwellings. This was an important factor for us
in choosing a place to live. Granting this amendment request would not only change the
immediate population density in the area, but others may choose to take advantage of this
amendment, further adding to the population density.
A practical example of a problem that would be caused by increased population density is lack
of sufficient parking. Already it is very difficult to find parking in the area. Additional
families would exacerbate this problem, not only with their own cars, but those of their guests,
etc.
Thank you for allowing us the opportunity to express our opposition to this amendment
request."
The East York Community Council also submits the following communication (undated)
from Mr. and Mrs. Siagris, East York:
"This letter is from the household on 1168 Woodbine Ave. We do not at all agree with the
request to amend Zoning By-law No. 6752 of the former Township of East York to permit
five residential units in a dwelling at 1150 Woodbine Ave."
The East York Community Council also submits the following communication (July 20,
1998) from Li Hou and Te Wu, East York:
"We hereby oppose to amend Zoning By-law No. 6752 on the above subject."
The East York Community Council also submits the following communication (July 22,
1998) from Ms. Catherine DuBoisson, East York:
"As the owner and resident of 339 Queensdale Avenue, I would like to express my opinion on
the proposed zoning change requested for 1150 Woodbine Avenue.
Not only would this further congest a very busy area with more traffic and parking issues, but
also invite further multi-tenant situations in an area that presently enjoys single family
dwellers who own and therefore have pride of ownership in their property.
I strongly oppose this application."
--------
The following persons appeared before the East York Community Council in connection with
the foregoing:
(a)Mr. Paul Jeffery, Architect, on behalf of the applicant, explained the components of the
application and supports five units at 1150 Woodbine Avenue. Mr. Jeffery noted that the
tenants are currently not utilizing all the parking spaces and the spaces have been well
maintained.
(b)Ms. Joan Bennett, East York, opposes the application put forth by Mr. Jeffery and feels
that the property can only support three parking spaces and not the four proposed by the
applicant as the four spaces takes away green space. Ms. Bennett feels a multi-dwelling
building with five units changes the character of the area.
(c)Mr. Paul Wilson, East York, opposes the Zoning By-law Amendment Application and
would like to see the property developed with two units. Mr. Wilson also submitted a letter on
behalf of his neighbour Ms.Catherine DuBoisson.
(d)Ms. M. Siwy, East York, identified concerns associated with the bedroom in one of the
units on the first floor where it appears the exterior bedroom wall is beyond the original wall
of the house and enquired whether a permit was issued for the renovation. Ms. Siwy also
inquired whether the present owner has any interest in 1152 Woodbine Avenue. Ms. Siwy felt
that City staff appears to condone the allowance of illegal apartments and that she supports
two units.
(e)Mr. John McMahon, East York, expressed concern that four units at 1150 Woodbine
Avenue were too many and that specific instruction is needed on how the units are going to be
determined.
(City Council on July 29, 30 and 31, 1998, had before it , during consideration of the
foregoing Clause the following communications in opposition to the Zoning By-law No. 6752
Amendment application submitted by Mr. Paul B. Jeffery:
(i)(July 28, 1998) from Ms. Joan Bennett; and
(ii)(July 24, 1998) from M. Siwy.)
8
Public Meeting Held in Accordance with the Planning Act
with Respect to Official Plan and Zoning
By-law Amendment Applications Submitted by Threegees
Development Corporation in connection with 11 Curity Avenue
(City Council on July 29, 30 and 31, 1998, adopted this Clause, without amendment.)
The East York Community Council after considering the deputations and based on the
findings of fact, conclusions and recommendations contained in the following report
(July10,1998) from the Commissioner of Development Services, East York, recommends
as follows:
(1)the adoption of the following report (July 10, 1998) from the Commissioner of
Development Services, East York, as amended, by also adopting the following report
(July 21, 1998) from the Commissioner of Development Services, East York, and subject
to also permitting an apparel store use and personal service store use at this property;
(2) that, during the site plan approval review, the Commissioner of Urban Planning and
Development Services be requested to recommend, to the applicant, the use of the
highest quality of sound proof fencing material for the fence to be installed at
11CurityAvenue;
(3)that the Commissioner of Works and Emergency Services be requested to take the
necessary steps to prohibit heavy trucks from using Northdale Boulevard; and
(4)that the following communications (July 20, 1998) from Dr. Warnie and
Ms.CaroleRichardson, East York; (July 20, 1998) from the Director of Transportation
and Engineering Services; and (July 22, 1998) from Ms. Roslyn Houser, Goodman,
Phillips and Vineberg, on behalf of the applicant, Toronto, be received:
The East York Community Council reports having held a statutory public meeting on July 22,
1998, in accordance with Sections 17, 22 and 34 of the Planning Act, and appropriate notice
of this meeting was given in accordance with the Planning Act and the regulations thereunder.
The East York Community Council reports for the information of City Council having
requested the City Solicitor to report on Council's authority and impact when commenting to
the Liquor Licence Board of Ontario in respect of liquor licence applications submitted to the
City of Toronto for its comments.
The East York Community Council submits the following report (July 10, 1998) from
the Commissioner of Development Services, East York:
Purpose:
This is a report to the July 22, 1998 meeting of the East York Community Council. Its
purpose is to provide Council with Staff recommendations on an Official Plan amendment
and a rezoning applications by Threegees Development Corporation for 11 Curity Avenue.
The applicants propose to develop this 0.93 hectare site with an up to 2 000.0 m2 (21,530 sq.
ft.) single storey mixed use commercial-industrial building that would incorporate a mix of
light industrial, office, and specified retail, and service commercial uses.
Source of Funds:
There are no financial implications.
Recommendation:
It is recommended that City Council:
1.Approve the applications by Bousfield, Dale-Harris, Cutler and Smith Inc., on behalf of
Threegees Development Corp., to develop the premises at 11 Curity Avenue with a mixed
commercial industrial building intended for light industrial, retail commercial, office and
restaurant businesses; and
that this approval be affected by:
1)amending the East York Official Plan to redesignate this site from "Light Industrial" to
"Industrial Special Purpose Commercial Site Specific" designation; and,
2)amending Zoning By-law 6752 to rezone the site from "High Performance Industrial" to
"Mixed Commercial-Industrial - Site Specific" zoning.
Background:
Introduction:
Information pertaining to this application is contained in Staff's preview report dated June 1,
1998, which is attached to this report as Appendix # 1. It was prepared as an information item
for the June15, 1998 Preview Meeting for this application.
Proposal:
Threegees Development Corporation are the owners of a vacant parcel of land at 11 Curity
Avenue. They have applied for a site specific Official Plan and Zoning By-law Amendment to
permit the development of this property with a maximum size of 2 000.00 m2 mixed
commercial industrial building. They want to use the building for light industrial, restaurant,
offices and service commercial businesses.
Official Plan:
The existing Official Plan designates the property "Light Industrial". This designation allows
primarily manufacturing, warehousing and similar such uses. Uses such as retail sales or fast
food restaurants are specifically excluded, and require Council`s approval of an Official Plan
amendment.
Zoning By-law:
The East York Zoning By-law 6752 zones the property "High Performance Industrial - HPI
Zone". It does not permit either restaurant, office or retail uses.
Comments Received From the Public During the June 24, 1998, Preview Meeting:
Because this site is located directly across the street from a residential area along
NorthdaleBoulevard, staff held a preview meeting to give these residents and others an
opportunity to provide their input. Approximately 10 members of the public attended that
Preview Meeting. Comments expressed by those in attendance can be summarized as follows.
- traffic infiltration into the existing residential neighbourhood and particularly
NorthdaleBoulevard will be increased. The municipality should prevent this by making
Northdale Boulevard into a one-way street;
- the site and building design should be strictly controlled so as to minimize noise, and light
infiltration and ensure proper screening, and landscaping;
- garbage storage facilities should be located away from any residences;
- restaurants should not be allowed in proximity to residential neighbourhoods because their
hours of operation (i.e. late night closing) will disrupt the resident`s peace;
- can the municipality control hours of operation of the building's occupants;
- the fence between the property and Northdale Boulevard should be an extension of the
existing fence built by Home Depot; and,
- any entrances to the site and parking facilities should be restricted to either Cranfield Road
or Curity Avenue.
Staff Comments:
Traffic Impact:
The concerns regarding traffic have been reviewed by the City's Engineer. He indicates that
Transportation Division staff are currently in the process of obtaining a traffic count on
NorthdaleBoulevard. The result of this count will determine the number and origin of cars
traversing Northdale Boulevard, and, if need be, will enable the engineers to suggest an
appropriate response. This information will be available at the public meeting. Otherwise, the
engineer has advised us that the industrial area's road network has sufficient capacity to
accommodate any traffic generated by the proposed uses.
Location and Design of Site Facilities:
As per our previous advice, information on the exact location of the various required site
facilities, like garbage storage enclosures, loading areas and light fixtures is not as yet
available. This is because the applicant has chosen not to submit a concurrent Site Plan
Approval application. It would have enabled us to ensure that the project`s design responds to
the public's concerns. Nevertheless, we have attempted to restrict these facilities and thereby
mitigate their impact via the Official Plan amendment and the implementing Zoning By-law.
Thus the draft Official Plan Amendment (see Appendix #2) is structured to incorporate
restrictions on the location and the siting of these various facilities. The Zoning By-law,
likewise, will reinforce these measures by mandating features such as fences and restricting
the location of any potentially incompatible facilities - including vehicular entrances and
parking and loading areas from the southerly area of the site adjacent to NorthdaleBoulevard.
Staff are confident that these various measures will enable us to ensure that the eventual
design of this development provides an appropriate level of protection.
Prohibition on Restaurants and Restrictions on this and Other Uses, Hours of Operation:
Staff do not recommend a blanket restriction on all restaurants. Instead we have restricted
drive-in and drive-through restaurants and any outdoor food consumption areas associated
with restaurants. With respect to hours of operation we do not have the ability to restrict them
through zoning.
As promised at the Preview Meeting , Planning Staff contacted the municipal By-law
Enforcement Section and the Clerk's Department to ascertain whether there are any other
municipal by-laws to regulate business closings. They both indicated that the only business
whose hours of operation are currently restricted by by-law are gas stations. We have also
reviewed the municipality's noise by-law. It does not address the types of concern identified
by the public.
Nevertheless, we are confidant that the various restrictions on the type of restaurants and on
the location of facilities like loading and parking will effectively remove the concerns about
noise expressed by various members of the public.
Conclusion:
In accordance with the provisions of the Planning Act, a copy of the proposed amendment to
the Municipal Official Plan, must be available at the public meeting. A copy of this document,
demonstrating how the Official Plan would be amended and the policies included therein to
address the various public concerns is attached as Appendix #2 to this report. The draft
Zoning By-law amendment is likewise available and can be obtained from staff on request.
Contact Name:
Jean Besz,
Senior Planner East York District Office
(416) 778-2045-tel no.
(416) 466-9877-fax
planning@borough.eastyork.on.ca
--------
Appendix 1
The East York Community Council also submits for the information of City Council the
following Preview Meeting report (June 1, 1998) from the Commissioner of
Development Services, East York:
Purpose:
This is a report to the June 15, 1998 Preview Meeting of the East York district. It concerns
applications by Bousfield, Dale-Harris, Cutler and Smith Inc., on behalf of Threegees
Development Corp. The applicants are asking Council to amend East York's Official Plan by
redesignating the lands at 11 Curity Avenue from "Light Industrial" to "Special Policy Area";
and to amend Zoning By-law No. 6752 by rezoning it to a "Mixed Commercial Industrial"
(MCI) zoning. They propose to develop this site with an a 1 832.0 m2, 1 storey building
intended to accommodate restaurants, specified retail and service commercial enterprises and
light industrial and office uses.
This report provides information regarding the proposal, outlines the relevant planning
framework, and sets out some issues which Planning staff will take into consideration in the
preparation of our final recommendation report. That report will be presented to the East York
Community Council on July 22, 1998 at a Public Meeting .
Background:
Project Statistics:
- Site Area6382.0 m2 (68,697.5 sq. ft.)
Building (GFA)1,832.0 m2 (19,720.1 sq. ft.)
- Floor Space Index0.29 X the lot area
- No. of Parking SpacesThe proposal will provide upwards of 90 parking spaces. Parking is
to be provided based on the requirements set out in Zoning By-law 6752 (see attached
By-law excerpt) for each individual use on the site. This means that the number and size of
the tenants locating in the proposed facility will be controlled by the available parking. The
general location of these parking spaces can be identified via the zoning by-law. The final
layout, however will not be determined until the applicant submit the required site plan
approval application.
- Parking Space SizeAs per the requirements of By-law 6752, not less than 2.4 m wide
and 16.5 m2 in area.
- No. of Loading Spaces The proposal is required to provide 1 loading space. The precise
location and dimensions of that space will be established at the time of Site Plan approval.
Site Description:
This currently vacant 0.64 hectare (1.58 ac.) property is located on the west side of Cranfield
Road between Curity Avenue and Northdale Boulevard. The site is flat and devoid of any
significant vegetative cover.
Surrounding uses include:
- across Curity AvenueIndustrial;
- across Cranfield Road Retail Warehouse
(Home Depot);
- across Northdale BoulevardDetached residences
confined to the south-west side of the street; and,
- on the north east Industrial.
Official Plan Status:
The property is designated "Light Industrial". The policies governing this designation
establish manufacturing, warehousing, laboratory or research enterprises, studios, service and
repair of goods manufactured or stored on the premises, technical service uses, public and
private recreational facilities and retail sales and offices associated with the primary industrial
uses as the primary permitted activities. Uses such as restaurants, freestanding offices and
retail stores are not permitted and their introduction here requires an Official Plan amendment.
Zoning By-law Status:
The land is zoned High Performance Industrial (HPI).
This zoning allows:
a)Industrial Uses -
i)Manufacturing;
ii)Warehousing;
iii)Assembly of manufactured goods and materials;
iv)Printing establishments;
v)Research and development;
vi)Offices and retail sales accessory to the primary permitted uses and located on the same
lot;
vii)Wholesaling including limited retail sales provided they are done in conjunction with a
primary wholesale or warehousing use and are restricted to no more than 30 % of the two
primary uses; and
viii)Uses accessory to the foregoing.
b)Technical Trade and Service Uses -
i)Technical trade and service uses, but not including retail stores, motor vehicle repair shops
personal service shops and body rub and massage parlours.
Comments:
Official Plan Policy Framework:
The site is located within an area designated exclusively for industrial purposes. The policies
governing how this area is to develop were developed in early 1980's. They were subsequently
reviewed via various forums such as the 1992 Mayor's Economic Development Task Force
and studies leading up to East York's Official Plan review. The new, 1994 Official Plan
reconfirmed these policies. At that time we considered the preservation of East York's
industrial assessment to be of paramount importance. Since that time, both the Borough and
the industrial sector have undergone some restructuring. The Borough has been amalgamated
into the unified City of Toronto. At the same time there has been a continuing trend away
from traditional manufacturing and towards mixed employment uses. In this context, it may
no longer be so important to maintain the separation of employment uses or to protect our
traditional industrial land base. There is growing pressure to open industrial lands to other
uses. It may be appropriate to consider suitable diversification. Staff are currently examining
this broader issue and expect to report thereon in the fall of 1998. This report will provide
policy guidance for future applications.
Compatibility:
The proposed development, if approved, will locate directly across the street from a
residential area along Northdale Boulevard. Since the applicant chose not to submit a
concurrent Site Plan application, staff have no way of determining the suitable design
transition. However these and other similar considerations concerning the organizational
aspects of the proposed development can be set out in design guidelines within the text of the
final Official Plan Amendment and via development standards ( i.e. minimum yard setbacks
location of parking spaces and of vehicular entrances etc.) to be included in the zoning by-law
amendment. Staff anticipate that the input from the public consultation at the preview meeting
will provide comments on this matter.
Site Plan Approval:
The proposed development is subject to Site Plan approval. It will resolve various site design
issues such as building design, and landscaping, and it will address the functional aspects of
the project such as garbage disposal, parking, screening, lighting etc. The applicant chose not
to apply for that approval at this time. However, no development can take place until this
process is completed.
Access, Parking and Loading Facilities:
Vehicular access to the site is proposed via 2 access driveways from Cranfield Road. No
access is shown from either Curity Avenue or from Northdale Boulevard. Our Transportation
Engineer is satisfied with the proposed access locations.
As previously indicated, parking for this project will be determined based on the parking
requirements for each individual use set out in the Zoning By-law. Based on the information
submitted with the application (ref. the attached Site Plan Drawing), the site is capable of
accommodating upwards of 90 parking spaces as well as the one required loading facility. If
this application is approved, the general location of the proposed parking and loading areas
will be set out in the zoning by-law schedule appended to the text of the amending by-law.
Servicing:
The servicing aspects of this proposal were reviewed by the Municipal Engineer. He indicates
that the existing infrastructures - sewers and water mains - are adequate to accommodate this
proposal.
Contact Name:
Jean Besz,
Senior Planner East York Community Office
(416) 778-2045
(416) 466-9877
planning@borough.eastyork.on.ca
--------
The East York Community Council also submits the following draft Official Plan
Amendment and draft By-law entitled "Appendix 2: Amendment Number 13 to the Official
Plan for the Former Borough of East York" :
Appendix 2
Amendment Number 13
to the
Official Plan For the Former Borough of East York
Part One - Preamble, does not constitute part of this Amendment.
Part Two - The Amendment, consisting of the text contained therein and the map attached
thereto and designated as Schedule "A", constitute Amendment No. 13 to the Official Plan for
the former Borough of East York.
Part One
Preamble
1.Title
This is Amendment No. 13 to the Official Plan for the former Borough of East York.
Only that part of this Amendment entitled "Part Two - The Amendment" constitutes
Amendment No13 to the Official Plan for the Borough of East York Planning Area.
2.Purpose
The purpose of this Amendment is to redesignate a 6 382.0 m2 parcel of land located at
11CurityAvenue from "Light Industrial" to "Industrial Special Purpose Commercial"
designation, and to permit its use for a range of light industrial, and specified commercial and
office uses.
3.Location
The lands affected by this Amendment are outlined in a heavy black line identified as "Area
Subject to Amendment" on Schedule "A" attached hereto, and are located on the west side of
Cranfield Road between Northdale Boulevard to the south and Curity Avenue to the north.
Their municipal address is 11 Curity Avenue.
4.Basis
The lands affected by this amendment are currently designated "Light Industrial" in the
Official Plan for the Borough of East York Planning Area. This designation generally restricts
their use to manufacturing type uses. In the past East York placed considerable emphasis on
maintaining the exclusivity of the municipality's industrial designations. The last several
years however, have seen industrial enterprises moving away from traditional manufacturing
and towards a more diversified, mix of employment uses. This has resulted in an increase in
the number of applications for non-industrial uses. The City is gradually introducing various
measures to respond to this trend. To date, these have included the introduction of a broad
range of non-industrial uses along sections of O'Connor Drive and the expansion of the floor
space devoted to retail sales permitted in association with manufacturing, warehousing and
wholesale uses. The feasibility of further, similar area wide modifications is currently under
review. This review will conclude in the latter part of 1998.
This application is being considered in advance of the review because it does not represent a
radical departure from the uses already permitted in the Official Plan and previously
sanctioned nearby (i.e.Home Depot).
Part Two
The Amendment
1.All of this part of the document entitled "Part Two" - The Amendment" consisting of the
following text and the attached Schedule "A", constitute Amendment No. 13 to the Official
Plan for the former Borough of East York.
2.The lands affected by this Amendment are shown on Schedule "A" to this Amendment as
"Area Subject to Amendment".
3.Map 2, Predominant Land Use to the Official Plan for the former Borough of East York, is
hereby amended by redesignating certain lands located on the west side of Cranfield Road
between Curity Avenue and Northdale Boulevard, and indicated as "Area Subject to
Amendment"on Schedule "A" to this amendment, from "Light Industrial" to "Industrial
Special Purpose Commercial - Site Specific" designation.
4.Map 7 - Special Policy Areas of the Official Plan for the former Borough of East York is
hereby amended by identifying certain lands located on the west side of Cranfield Road
between Curity Avenue and Northdale Boulevard, indicated as "Area Subject to Amendment"
on Schedule "A" to this Amendment as: Special Policy Area 26, as shown on Schedule "A" to
this Amendment.
5.The text of the Official Plan for the East York Planning Area is hereby amended by adding
a new Section 3.15.26, immediately following Section 3.15.25, as follows:
"3.15.26 - Special Policy Area 26
3.15.26.1Notwithstanding the "Industrial Special Purpose Commercial" policies of Section
3.8, the lands designated as Special Policy Area 26 on Map 7 of this Plan, known municipally
as 11 Curity Avenue, shall only be developed with a 1 storey maximum 2 000.00 m2 gross
floor area industrial commercial building, in accordance with the policies contained in Section
3.15.26.
3.15.26.2The policies applicable to the to the development or redevelopment of the lands
identified as "Special Policy Area 26", shall be implemented by means of the powers
conferred upon Council by all applicable statutes and in particular as follows:
a)An implementing Zoning By-law which shall:
i) be site specific;
ii)specify the range of permitted and excluded uses;
iii) set out detailed development standards including those governing the placement and the
size of any rooftop mechanical enclosures;
iv)require the erection on the south limit of the property of an eight metre continuous solid
visual and noise attenuation barrier; and,
v)otherwise implement all the policies set out in Section 3.15.26 of this Plan.
b)Site Plan approval and Site Plan Development Agreement which shall ensure that:
i)all vehicular entrances to the site are provided from Cranfield Road and that the "mouth" of
these entrances - between the street and the property line is differentiated from the rest of the
driveway through the use of different texture paving material;
ii)the roof top mechanical equipment is appropriately located, sized and screened so as to not
be obtrusive;
iii)the site and building design ensure that the yard and building wall facing or adjoining the
residential street to the south excludes such utility structures, or external features as may be
specified in the implementing zoning by-law;
iv)the required screen fence between the site and the residential street to the south
approximates the design of the existing screen fence separating the residential area and the
adjoining property to the east; and,
v)the site is appropriately landscaped and lit.
Draft By-law
Authority:East York Community Council Report No.
Intended for first presentation to Council:
Adopted
City Of Toronto
By-law No. 1998
To adopt Amendment No. 13 to the Official Plan
for the former Borough of East York
Affecting the Lands Located on the West Side of Cranfield Road
Between Northdale Boulevard and Curity Avenue.
The Council of The City of Toronto Hereby Enacts as follows:
1.That the attached Amendment No. 13 to the Official Plan for the former Borough of
EastYork consisting of Part Two of the accompanying document, is hereby adopted pursuant
to Planning Act, 1990.
Enacted And Passed this day of A.D. 1998
Case Ootes,Novina Wong,
Deputy MayorCity Clerk
The East York Community Council also submits the following report (July 21, 1998)
from the Commissioner of Development Services, East York:
Purpose:
This is a report to the July 22, 1998 meeting of the East York Community Council. Its
purpose is to correct a reference to fence height in Section 3.15.26.2 iv). The number that
should appear in this line should be 3.65 m., rather than 8 m .
Recommendation:
It is recommended that City Council:
1.authorize the correction of the fence height contained in Part Two of Section 3.15.26.2. iv)
of the Official Plan for the 11 Curity Avenue Official Plan and Zoning By-law applications
from 8.0 m to 3.65 m.
The East York Community Council submits the following communication(July 20, 1998)
from Dr. Warnie and Ms. Carol Richardson, East York:
"With regard to the above requested Zoning By-law Amendment, as previously mentioned in
the initial information report, this development would locate directly across the street from a
prime residential area, more specifically, Northdale Boulevard, of the Parkview Hills
neighbourhood.
The initial, and, quire apparent reluctance of the "developers" to submit a detailed "site plan"
makes it very difficult for the residents of our neighbourhood, and indeed, for the City of
Toronto, to determine with any degree of certainty, exactly what is intended by the Threegees
Corporation.
Particularly perplexing to the residents of Northdale Boulevard, is the requested amendment
which would see the vacant land removed from a category which specifically designates it as
"high industrial," to a less specific category which will, upon revision, serve to accommodate
a restaurant. A restaurant, in our opinion, would present a totally different set of problems that
would not arise with the other proposed changes, ie. specified retail, light industrial and other
office uses. For example, a restaurant could very easily involve extended hours, a liquor
license, (if not immediately, then certainly in the future), and the scattering of organic waste,
which then attracts animals from the ravine to a residential area which is home to many young
children.
In essence, a restaurant can undergo many changes which may be miles removed from its
original intention and its initial market driven purpose; owners change and clients change. If
you do nothing else in perusing this letter, think of the impact a potential liquor license has on
the evolution of a very vibrant, very active, family oriented community. It changes
everything!
In closing, and, in summary, in consultation with many of our neighbours, we are unwilling to
support a potentially unsettling and disruptive environment, in the form of a restaurant, within
a 'stone's throw' of our front doors and yards. We are in favour of progress but adamantly
opposed to chaos, which we feel will be the net result if a restaurant is built on that particular
location."
Thank you for your time."
The East York Community Council also submits the following communication (July 22,
1998) from Ms. Roslyn Houser, Goodman, Phillips and Vineberg, Toronto, on behalf of
the applicant:
"We are the solicitors for Threegees Development Corporation, the owner of the above-noted
property. Our client's applications for official plan amendment and re-zoning will be
considered this evening at a public meeting scheduled for 7:30 p.m.
We have reviewed the final report prepared by Planning Staff along with a draft by-law
implementing the recommendations contained within that report. While we generally concur
with the recommendations of staff and the form of the by-law, we request the following two
changes:
1.We believe it would be appropriate to permit drive-through restaurants provided there is a
sufficient setback from the residential area to the south of the site. We would therefore
suggest that the restaurant restrictions in Section 8.C3d(ii)(1)(b) be reworded as follows:
-Restaurant Drive-In
-Restaurant drive-through other than a Restaurant drive-through which is wholly contained
within 40 metres of Curity Avenue
-Any outdoor food consumption area associated with a Restaurant use.
2.We understand that through an oversight, the by-law as drafted would preclude apparel
stores and personal service stores. Staff had advised that they would concur with the following
additional permitted uses in Section 8.C.3d)(ii):
(c)apparel store;
(d)Personal Service store.
We trust this is satisfactory."
The East York Community Council also submits the following report (July 20, 1998)
from the Director of Transportation and Engineering Services, East York District:
This memorandum is in response to comments received from local residents at the preview
meeting for the proposed development at 11 Curity Avenue. Residents on Northdale
Boulevard, east of Denvale Road have expressed concern that motorists from outside the
Parkview Hills area are using Northdale Boulevard as a by-pass to O'Connor Drive and that
the proposed development at 11 Curity will add infiltrating traffic to their street. Staff have
conducted traffic counts to determine the traffic volumes on Northdale Boulevard and have
reviewed this information in the context of the local street system. We have concluded that
traffic volumes on Northdale Boulevard are within acceptable limits given the expected
function of this road. Furthermore, the proposed development at 11CurityAvenue is not
expected to result in an increase in traffic on Northdale Boulevard from outside the Parkview
Hills area.
The Parkview Hills area has 3 access points serving an estimated 770 homes. St. Clair
Avenue, Northdale Boulevard and Glenshaw Crescent are the 3 access points into Parkview
Hills. A recent traffic count indicates that Northdale Boulevard carries approximately 950
vehicles on a typical day. This volume is well within accepted traffic engineering guidelines
for a local residential street given the number of houses and expected vehicular trip generation
and distribution for the Parkview Hills area. This is particularly true for a street which serves
as an access point to the community. The
volumes do not indicate that motorists from outside the Parkview Hills area are using Sandra
Road, Doris Drive, Denvale Road and Northdale Boulevard as a by-pass to O'Connor Drive.
To further investigate the possibility of northbound traffic from outside the Parkview Hills
area using Northdale Boulevard to cut through the neighbourhood, staff conducted a traffic
count at Sandra Road and St. Clair Avenue to determine the number of motorists using Sandra
Avenue and DorisDrive. The count revealed a total of 35 motorists made the left turn from
O'Connor Drive, and used Sandra Road as access to Doris Drive during the afternoon peak
period of 4:00 p.m. to 6:00 p.m.. Given the number of homes which are typically accessed
from Doris Drive, the 35 motorists are thought to be residents of the neighbourhood and not
infiltrating motorists.
Traffic on Northdale Boulevard has been an issue with local residents as well as with the
residents on Doris Drive and Denvale Road since 1953. Barriers have been erected and
removed a number of times on Northdale Boulevard and Hollinger Road since then in an
effort to dissuade workers in the industrial area from using Parkview Hills streets as a bypass
to O'Connor Drive. In 1994, as part of the Home Depot development, Northdale Boulevard
was permanently closed at Cranfield Road.
Some residents have suggested that the median island on Northdale Boulevard which
prohibits straight through access to Hollinger Road be reconstructed to allow one-way
northbound traffic movements from Northdale Boulevard to Hollinger Road. Staff have not
had an opportunity to formally review the impacts of this proposal in advance of this public
meeting. However, given that traffic from outside the Parkview Hills area is not expected to
use Northdale Boulevard to access the proposed development at 11 Curity Avenue it would be
inappropriate for the developer to fund any changes to Northdale Boulevard which are not the
result of development impacts. The vast majority of trips destined to the site will originate
outside of the Parkview Hills area and will access the development from O'Connor Drive
from the east and Cranfield Road and Hollinger Road from the north. Given the very minor
impact that this development will have on traffic volumes on NorthdaleBoulevard it is more
appropriate that this existing concern of local residents be investigated by staff as part of our
internal work program.
Contact Name:
Jean Besz,
Senior Planner East York District Office
(416) 778-2045-tel no.
(416) 466-9877-fax
planning@borough.eastyork.on.ca
Councillor Ootes declared his interest in the portion of application whereby the applicant
requests an apparel store as a permitted use at 11 Curity Avenue in that his spouse is the
owner of an apparel store in the vicinity of the applicant's property.
--------
The following persons appeared before the East York Community Council in connection with
the foregoing:
(a)Mr. Mark Noskiewicz, Goodman, Phillips and Vineberg, Barristers and Solicitors,
Toronto, on behalf of the applicant, expressed support with respect to the recommendations
contained in the staff report dated July 10, 1998, and corrected by the staff report dated July
21, 1998. Mr. Noskiewicz has also requested drive through or drive in restaurants and outdoor
patios associated with a restaurant use, apparel store and personal service store as permitted
uses;
(b)Ms. Carole Richardson, East York, expressed concern with respect to the installation of a
fence which wouldn't prohibit noise adequately. Ms. Richardson is opposed to the
establishment of any type of restaurant at this location and the hours of operation and clientele
which may be associated with a restaurant use;
(c)Ms. Dorothy Attwells, East York, clarified that Northdale Boulevard is currently a one
way street. Ms. Attwells also expressed concern with respect to debris and garbage currently
present on the vacant lot and submitted a photograph confirming this matter; and
(d)Ms. Carmela Healey, East York, expressed concern with respect to the heavy trucks
utilizing Northdale Boulevard and is also opposed to any type of restaurant use at this location
and specifically a 24 hour restaurant operation.
(Councillor Ootes, at the meeting of City Council on July 29, 30 and 31, 1998, declared his
interest in the foregoing Clause, in that his wife owns a clothing business within the notice
area of the subject property.)
9
Request to Mount on City Property a
Memorial Plaque in Honour of
Mr. Percy Gibbons
(City Council on July 29, 30 and 31, 1998, adopted this Clause, without amendment.)
The East York Community Council recommends:
(1)that the request by the Dieppe Men's Fastball League to mount a memorial plaque in
honour of Mr. Percy Gibbons on the back of the scorebooth at Dieppe Park be
permitted, subject to the Acting Commissioner of Parks, Recreation and Operations,
East York, approving the final design and location of the plaque;
(2)that the Dieppe Men's Fastball League be held financially responsible for the total
cost of the plaque and its installation; and
(3)received the following communication (July 20, 1998) from Mr. Joe Murchison,
President, Dieppe Men's Fastball League, East York:
"We recently bereaved the passing of Percy Gibbons.
Percy was involved with the Dieppe Park Men's Fastball League for over 30 years as a coach,
manager, trainer and most recently our roving good will ambassador.
Everyone at the park knew Percy as he was always here helping out in some capacity.
It is the intention of the Dieppe Park Men's Fast ball League and friends of Percy Gibbons to
hold a memorial benefit night benefit double header on Wednesday, August 5th.
The purpose of this benefit is to raise funds for the purpose of purchasing a memorial plaque
to the memory of Mr. Gibbons. We would like to mount this plaque on the back of the score
booth where Percy always parked his vehicle.
We would appreciate your consideration to give us permission to mount this plague on City
property."
--------
Mr. Joe Murchison, President, Dieppe Men's Fastball League, East York, appeared before the
East York Community Council in connection with the foregoing.
10
Reduction of Hydro Services
in the East York Community
(City Council on July 29, 30 and 31, 1998, adopted this Clause, without amendment.)
The East York Community Council recommends as follows:
(1)that the Toronto Hydro Commission be requested during its consultation and
negotiations, to create an office within the East York Civic Service Centre which is
electronically linked to the District Office in Scarborough in order to serve walk-in
customers from the East York Community;
(2)the East York Community Council reports for the information of the City Council
having requested the President and Chief Executive Officer of the Toronto
Hydro-Electric Commission to report to the East York Community Council on the
services provided to the walk-in customers at the former local Hydro Offices prior to
amalgamation and which are currently no longer being provided to walk-in customers;
(3)that the aforementioned position be conveyed to the East York Community Council;
and
(4)that the following communication from Mr. Gordon Crann (July 22, 1998) be
received:
(July 22, 1998) from Mr. Gordon Crann, advising the East York Community Council of his
personal experience with respect to the reduction in walk-in service at the former East York
Hydro-Electric Commission building at 175 Memorial Park Avenue.
The following persons appeared before the East York Community Council in connection with
the foregoing:
-Mr. Gordon Crann, East York; and
-Mr. John Papadakis, East York.
11
Discharge of Lien
252 Torrens Avenue
(City Council on July 29, 30 and 31, 1998, adopted this Clause, without amendment.)
The East York Community Council recommends the adoption of the following report
(July22,1998) from the City Solicitor, East York Office:
Purpose:
The purpose of this report is to authorize the discharge of a Lien registered as Instrument
No.A593248.
Funding Sources, Financial Implications and Impact Statement:
None.
Recommendations:
It is recommended that City Council:
(1)Authorize that the Lien registered as Instrument No. A593248 be discharged from title.
(2)Authorize the Solicitors for East York to prepare and register on title the required
document.
(3)Authorize the City Clerk to execute such document on behalf of the City.
Background:
The owner of the property at 252 Torrens Avenue, James George, has fulfilled all of the
obligations pursuant to the Lien registered as Instrument No. A593248. The Treasurer and
Director of Finance has confirmed that the lien amount has now been paid in full. Mr.
Castlemore, solicitor for Mr.George, has requested that this Lien be discharged.
Comments:
The lien was originally registered as a result of a loan made pursuant to the Housing
Development Act. The lien has been paid off and therefore should be discharged.
Conclusions:
It is our opinion that it is appropriate for the said Lien to be discharged.
Contact Name:
Quinto M. Annibale
Loopstra, Nixon & McLeish
Tel. 416-746-4710
Fax 416-746-8319
qannibale@loonix.com
12
Discharge of Lien
55 Sibley Avenue
(City Council on July 29, 30 and 31, 1998, adopted this Clause, without amendment.)
The East York Community Council recommends the adoption of the following report
(July22,1998) from the City Solicitor, East York Office:
Purpose:
The purpose of this report is to authorize the discharge of a Lien registered as Instrument No.
EastYork 26690.
Funding Sources, Financial Implications and Impact Statement:
None.
Recommendations:
It is recommended that City Council:
(1)Authorize that the Lien registered as Instrument No. East York 26690 be discharged from
title.
(2)Authorize the Solicitors for East York to prepare and register on title the required
document.
(3)Authorize the City Clerk to execute such document on behalf of the City.
Background:
The owner of the property at 55 Sibley Avenue, Sarah Jarrick, has fulfilled all of the
obligations pursuant to the Lien registered as Instrument No. East York 26690. The Treasurer
and Director of Finance has confirmed that the lien amount has now been paid in full.
Comments:
The lien was originally registered as a result of a loan made pursuant to the Housing
Development Act. The lien has been paid off and therefore should be discharged.
Conclusions:
It is our opinion that it is appropriate for the said Lien to be discharged.
Contact Name:
Quinto M. Annibale
Loopstra, Nixon & McLeish
Tel. 416-746-4710
Fax 416-746-8319
qannibale@loonix.com
13
Other Items Considered by the Community Council
City Council on July 29, 30 and 31, 1998, received this Clause as information, subject to
striking out and referring Item (c), entitled "Request for Alternate Side Overnight Permit
Parking on Airdrie Road between Heather Road and Bessborough Drive: Traffic Poll
Results," embodied in this Clause, back to the East York Community Council for the hearing
of deputations.)
a)The 2008 Toronto Olympic Bid.
The East York Community Council reports having received the following report (July7,
1998) from the Commissioner of Economic Development, Culture and Tourism:
(July 7, 1998) from the Commissioner of Economic Development, Culture and Tourism,
outlining the public consultation process related to Toronto's bid to host the 2008 Olympics
and recommending that the report be received for information.
--------
Ms. Nina Gesa, Olympic Office, appeared before the East York Community Council in
connection with the foregoing.
b)Parking Restrictions on
Randolph Road between
McRae Drive and Markham Avenue
Submission of a Petition.
The East York Community Council reports having referred the petition (June 22, 1998)
from Mr. Gary Clanfield, East York, with approximately 22 signatures on behalf of
residents in the vicinity of Randolph Road between McRae Drive and MarkhamAvenue
to the Commissioner of Works and Emergency Services for a report on the parking
concerns and requests of the residents as outlined in the aforementioned petition:
(June 22, 1998) from Mr. Gary Clanfield, East York, submitting a petition with approximately
22 signatures on behalf of residents in the vicinity of Randolph Road between Mc Rae Drive
and Markham Avenue requesting that the parking restrictions within this block be lifted and
recommending that the Commissioner of Works and Emergency Services be requested to
report on the concerns and requests of the residents as outlined in this petition.
c)Request for Alternate Side Overnight Permit
Parking on Airdrie Road between Heather Road
and Bessborough Drive: Traffic Poll Results.
The East York Community Council reports having received the following report
(July6,1998) from the City Clerk:
(July 6, 1998) from the City Clerk, advising of the results for the traffic poll conducted with
respect to the implementation of alternate side overnight permit parking on Airdrie Road
between Heather Road and Bessborough Drive and recommending that the report be received
for information.
d)Issuance of Building Permits.
The East York Community Council reports having:
(1)received the following report (July 9, 1998) from the Commissioner of Urban
Planning and Development Services;
(2)received the verbal report from the Chief Building Official:
(July 9, 1998) from the Commissioner of Urban Planning and Development Services,
responding to questions raised at the June 24, 1998, meeting of the East York Community
Council, regarding issuance of building permits and recommending that the report be received
for information.
e)Guidelines for Determining City-Wide
Interests in Planning Matters.
The East York Community Council reports having received the following
communication (July 14,1998) from the City Clerk:
(July 14, 1998) from the City Clerk, advising of the policy to establish guidelines for
determining City-wide interests in planning matters and a protocol for routing City-wide
planning matters through the political decision-making structure and requesting that
comments from the Community Councils on this matter be forwarded directly to City Council
on July 29, 1998.
f)Political Structure in East York
East York By-Election.
The East York Community Council reports having received the following report
(July16, 1998) from the City Clerk:
(July 16, 1998) from the City Clerk, advising the East York Community Council that
CityCouncil at its meeting on July8,9and10, 1998, adopted a Resolution authorizing the use of
voting machines and advance votes in the East York By-election to fill the third Councillor
position for Ward One - EastYork.
g)Garbage Collection on Donlands Avenue.
The East York Community Council reports having requested the Commissioner of
Works and Emergency Services to report on problems and liability concerns associated
with the collection of garbage by Canadian Waste Services Incorporated in the areas of
the East York Community formerly known as Wards 3 and 4:
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Mr. John Papadakis, East York, appeared before the East York Community Council in
connection with the foregoing.
h)Road Condition of Rivercourt Boulevard
and Stag Hill Drive.
The East York Community Council reports having requested the Commissioner of
Works and Emergency Services to report on the timeline proposed within the Capital
Works Plan for the resurfacing of Rivercourt Boulevard and Stag Hill Drive:
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Mr. John Papadakis, East York, appeared before the East York Community Council in
connection with the foregoing.
i)Public Notification for Cash-In-Lieu
of Parking Applications.
The East York Community Council reports having:
(1)advised the Urban Environment and Development Committee to consider the
following position put forth by the Community Council:
(i)that the City consider implementing a policy whereby cash-in-lieu of parking
applications be circulated to all residents and businesses within a 60 metre radius of the
property noted within the application;
(ii)that a comprehensive review/analysis be undertaken throughout the Cityof Toronto
with respect to the parking space costs for cash-in-lieu of parking;
(2)received the following report (July 7, 1998) from the Commissioner of Development
Services, East York; and
(3)received the following communications: (July 20, 1998) from Ms.Carol Burtin Fripp,
President, Leaside Property Owners' Association Incorporated, EastYork; (July 21,
1998) from Mr. Ian Cameron, East York; and (July22,1998) from Ms. Maryaleen
Trafford, East York:
(July 7, 1998) from the Commissioner of Development Services, East York, responding to a
request from the East York Community Council regarding the feasibility of establishing
public notification procedures for cash-in-lieu of parking applications and recommending that
the report be received for information.
(July 21, 1998) from Mr. Ian Cameron, East York, expressing concern with the minimal
notification undertaken for cash-in-lieu of parking applications and the parking space costs
associated with cash-in-lieu of parking.
(July 20, 1998) from Ms. Carol Burtin Fripp, President, Leaside Property Owners'
Association Incorporated, East York, advising of the Leaside Property Owners' Association's
support of the general principles outlined in Mr. Cameron's letter.
(July 22, 1998) from Ms. Maryaleen Trafford, East York, commenting on the current policy
respecting cash-in-lieu of parking applications.
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The following persons appeared before the East York Community Council in connection with
the foregoing:
-Mr. Ian Cameron, East York; and
-Ms. Maryaleen Trafford, East York.
j)Official Plan and Zoning By-law
Amendment Applications submitted by
Katmandu Investment Corporation in
connection with 1590 O'Connor Drive.
The East York Community Council reports having:
(1)requested the City Clerk and the Commissioner of Urban Planning and Development
Services to schedule a public meeting to be held on September16,1998, for the O'Connor
Employment Area Study and the Official Plan and Zoning By-law Amendment
Applications submitted by Katmandu Investment Corporation in connection with 1590
O'Connor Drive; and
(2)received the following report (July 10, 1998) from the Commissioner of Development
Services, East York:
(July 10, 1998) from the Commissioner of Development Services, East York, providing a
status report on the application by Katmandu Investment Corporation for the OfficialPlan and
Zoning By-law Amendments at 1590 O'Connor Drive and the O'ConnorEmployment Area
Study and recommending that this report be received for information.
k)Garbage Collection
in the Laneway behind
1677 Bayview Avenue.
The East York Community Council reports having received the following report
(July15,1998) from the Commissioner of Works and Emergency Services:
(July 15, 1998) from the Commissioner of Works and Emergency Services, responding to a
request from the East York Community Council with respect to problems associated with the
collection of garbage in the laneway behind 1677 Bayview Avenue and recommending that
the report be received for information.
Respectfully submitted,
MICHAEL PRUE,
Chair
Toronto, July 22, 1998
(Report No. 11 of The East York Community Council, including additions thereto, was
adopted, as amended, by City Council on July 29, 30 and 31, 1998.)
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