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Contents | Considered by City Council on |
Etobicoke York Community Council |
Meeting No. | 26 | Contact | Glenda Jagai, Committee Administrator | |
Meeting Date |
Tuesday, April 21, 2009 |
Phone | 416-394-2516 | |
Start Time |
9:30 AM |
etcc@toronto.ca | ||
Location |
Council Chamber, Etobicoke Civic Centre
|
Chair | Councillor Frances Nunziata |
Item | ||
EY26.5 | 66 Trehorne Drive – Private Tree Removal (Ward: 4) | |
EY26.18 | 103 and 105 The Queensway – Authority to Enter into an Agreement (Ward: 13) | |
EY26.19 | 252, 270, 272 and 276 Bering Avenue – Extension of By-law 837-2007, Exempting Lands from Part Lot Control – Final Report (Ward: 5) | |
EY26.20 | Sharon Cemetery, Etobicoke – Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act (Ward: 2) | |
EY26.26 | Emery Village BIA Streetscape Manual for Landowners Amendment (Ward: 7) | |
EY26.27 | Endorsement of Events for Liquor Licensing Purposes (Ward: 5) | |
EY26.30 | Massage Parlour Licences - 9 Milvan Drive (Ward: 7) | |
EY26.32 | 32 and 36 Caledonia Road - Ministry of the Environment Certificate of Approval (Ward: 17) | |
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Committee Report | Considered by City Council on: |
Etobicoke York Community Council |
Meeting No. | 26 | Contact | Glenda Jagai, Committee Administrator | |
Meeting Date |
Tuesday, April 21, 2009 |
Phone | 416-394-2516 | |
Start Time |
9:30 AM |
etcc@toronto.ca | ||
Location |
Council Chamber, Etobicoke Civic Centre
|
Chair | Councillor Frances Nunziata |
(Deferred from March 26, 2009 - EY25.10) |
EY26.5 |
|
Adopted |
|
Ward: 4 |
66 Trehorne Drive – Private Tree Removal |
City Council Decision |
City Council on April 29 and 30, 2009, adopted the following:
1. City Council approve the application for a permit to remove a privately-owned Norway Maple tree at 66 Trehorne Drive, subject to a landscaping plan acceptable to Urban Forestry, which consists of two (2) large growing and two (2) smaller growing site suitable trees, as allowing this removal will result in a larger canopy cover than presently exists. |
———— |
Committee Recommendations |
Etobicoke York Community Council recommends that:
1. City Council approve the application for a permit to remove a privately-owned Norway Maple tree at 66 Trehorne Drive, subject to a landscaping plan acceptable to Urban Forestry, which consists of two (2) large growing and two (2) smaller growing site suitable trees, as allowing this removal will result in a larger canopy cover than presently exists. |
Origin |
(February 27, 2009) Report from Director, Urban Forestry, Parks, Forestry and Recreation |
Summary |
The report requests that Council deny the request for removal of one (1) privately-owned tree, located in the front yard of 66 Trehorne Drive. The property owner is concerned that this tree may cause damage to the foundation of the house located on the property.
Inspection of the tree by staff revealed that it is in good condition. Foundation repairs have been carried out at the property. If the repairs included disconnection of the downspouts from the weeping tiles, eliminating water from collecting at the foundation, tree roots currently growing in this location will die and not pose a problem in the future. With proper care and maintenance, the tree should continue to provide benefits to the community for years to come. Urban Forestry cannot support the removal of an existing healthy tree when action can be taken to eliminate the problems that currently exist with the tree and the home on the property. |
Background Information (Committee) |
February 27, 2009 report (http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-20092.pdf) Extract EY25.10 (http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-20191.pdf) |
Speakers (Committee) |
(March 26, 2009) Cathy Russo |
EY26.18 |
|
Adopted |
|
Ward: 13 |
103 and 105 The Queensway – Authority to Enter into an Agreement |
City Council Decision |
City Council on April 29 and 30, 2009, adopted the following:
1. City Council authorize the City Clerk and the Chief Financial Officer and Treasurer, or their delegates, to execute on behalf of the City a Section 45(9) Agreement with the owner of the lands known municipally as 103 and 105 The Queensway. The agreement shall be registered at the owner’s expense satisfactory to the City Solicitor in consultation with the Director of Community Planning, Etobicoke York District, to implement the approval condition imposed by the Committee of Adjustment for application A577/08 EYK. |
———— |
Committee Recommendations |
Etobicoke York Community Council recommends that:
1. City Council authorize the City Clerk and the Chief Financial Officer and Treasurer, or their delegates, to execute on behalf of the City a Section 45(9) Agreement with the owner of the lands known municipally as 103 and 105 The Queensway. The agreement shall be registered at the owner’s expense satisfactory to the City Solicitor in consultation with the Director of Community Planning, Etobicoke York District, to implement the approval condition imposed by the Committee of Adjustment for application A577/08 EYK. |
Origin |
(March 31, 2009) Report from Director, Community Planning, Etobicoke York District |
Summary |
On December 11, 2008 the Committee of Adjustment approved minor variances through application A577/08 EYK to increase the height and density of the residential condominium towers permitted through By-law 708-2001 at 103 and 105 The Queensway. The approval included 2 additional storeys within the approved tower at 103 The Queensway (Block D), from 29 to 31 floors and 3 additional stories for the approved tower at 105 The Queensway (Block C), from 25 to 28 floors.
The purpose of this report is to seek authority from City Council to enter into a Section 45(9) Agreement with the owner of 103 and 105 The Queensway in order to implement the conditions imposed by the Committee of Adjustment in its decision on the application. The agreement secures the owner’s obligation to provide additional public art enhancements within the CNR and F.G. Gardiner Expressway underpass located on Windermere Avenue. |
Background Information (Committee) |
March 31, 2009 report (http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-20147.pdf) |
EY26.19 |
|
Adopted on Consent |
|
Ward: 5 |
252, 270, 272 and 276 Bering Avenue – Extension of By-law 837-2007, Exempting Lands from Part Lot Control – Final Report |
City Council Decision |
City Council on April 29 and 30, 2009, adopted the following:
1. City Council enact a By-law to extend the term of By-law 837-2007 to allow the lands municipally known as 252, 270, 272 and 276 Bering Avenue to be exempt from Part Lot Control for an additional two year period from the expiry date of By-law 837-2007, in accordance with the draft By-law attached as Attachment 2.
2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft By-law as may be required.
3. City Council authorize and direct the appropriate City Officials to register the By-law on title. |
———— |
Committee Recommendations |
Etobicoke York Community Council recommends that:
1. City Council enact a By-law to extend the term of By-law 837-2007 to allow the lands municipally known as 252, 270, 272 and 276 Bering Avenue to be exempt from Part Lot Control for an additional two year period from the expiry date of By-law 837-2007, in accordance with the draft By-law attached as Attachment 2.
2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft By-law as may be required.
3. City Council authorize and direct the appropriate City Officials to register the By-law on title. |
Origin |
(March 31, 2009) Report from Director, Community Planning, Etobicoke York District |
Summary |
This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.
The purpose of this report is to recommend that By-law 837-2007 be extended for an additional two year period to allow for the lands municipally known as 252, 270, 272 and 276 Bering Avenue to be exempt from Part Lot Control.
Currently, the site is being developed for 74 townhouse dwelling units. The developer has requested that By-law 837-2007 be extended for an additional two year period to allow sufficient time for the dwelling units to be sold. |
Background Information (Committee) |
March 31, 2009 report (http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-20148.pdf) |
EY26.20 |
|
Adopted on Consent |
|
Ward: 2 |
Sharon Cemetery, Etobicoke – Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act |
City Council Decision |
City Council on April 29 and 30, 2009, adopted the following:
1. City Council include Sharon Cemetery, Etobicoke, on the City of Toronto Inventory of Heritage Properties.
2. City Council state its intention to designate Sharon Cemetery, Etobicoke, under Part IV, Section 29 of the Ontario Heritage Act.
3. If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, the solicitor be authorized to introduce the Bills in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.
4. If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Conservation Review Board. |
———— |
Statutory - Ontario Heritage Act, RSO 1990 |
Committee Recommendations |
Etobicoke York Community Council recommends that:
1. City Council include Sharon Cemetery, Etobicoke, on the City of Toronto Inventory of Heritage Properties.
2. City Council state its intention to designate Sharon Cemetery, Etobicoke, under Part IV, Section 29 of the Ontario Heritage Act.
3. If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, the solicitor be authorized to introduce the Bills in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.
4. If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Conservation Review Board. |
Origin |
(February 24, 2009) Report from Director, Policy and Research, City Planning Division |
Summary |
The Board of Trustees of Sharon Cemetery, Etobicoke, have requested the designation of the property under Part IV, Section 29 of the Ontario Heritage Act. The cemetery is located on the north side of Rexdale Boulevard, west of Highway 27, in north Etobicoke.
Sharon Cemetery was founded in 1842 and contains approximately 160 burials and over 75 grave markers that are associated with the historical community of Highfield. The proposed designation would enable the cemetery trustees to apply to the Toronto Heritage Grant Program for funding to assist in the restoration of the historical grave markers. |
Background Information (Committee) |
February 24, 2009 report (http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-20035.pdf) |
Speakers (Committee) |
(April 21, 2009) Ms. Mary-Louise Ashbourne, Chair, Etobicoke York Community Preser |
20a | Sharon Cemetery, Etobicoke – Intention to Designate Under Part IV, Section 29 of the Ontario Heritage Act |
Origin |
(March 27, 2009) Letter from City Clerk |
Summary |
For consideration by the Etobicoke York Community Council at its April 21st, 2009meeting. |
Background Information (Committee) |
March 27, 2009 transmittal (http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-20055.pdf) |
EY26.26 |
|
Adopted on Consent |
|
Ward: 7 |
Emery Village BIA Streetscape Manual for Landowners Amendment |
City Council Decision |
City Council on April 29 and 30, 2009, adopted the following:
1. City Council approve the amended Emery Village Business Improvement Area (BIA) Streetscape Manual for Landowners, dated April 2, 2009, as a guideline for improvements to private lands within the BIA, and that such improvements to private property be implemented through the planning approval process as development applications come forward, provided the negotiated improvements are in accordance with applicable legislation. |
———— |
Committee Recommendations |
Etobicoke York Community Council recommends that:
1. City Council approve the amended Emery Village Business Improvement Area (BIA) Streetscape Manual for Landowners, dated April 2, 2009, as a guideline for improvements to private lands within the BIA, and that such improvements to private property be implemented through the planning approval process as development applications come forward, provided the negotiated improvements are in accordance with applicable legislation. |
Origin |
(April 2, 2009) Report from General Manager, Economic Development, Culture and Tourism |
Summary |
On September 26-27, 2007, City Council approved in principle the Emery Village Business Improvement Area’s (BIA’s) Streetscape Manual for Landowners. The purpose of this report is to seek Council’s approval for an updated Manual, amended in 2009, to reflect the expansion of the BIA and to add and update various technical details and design standards. The Manual establishes guidelines for property owners respecting the improvement of private property and is to be read in conjunction with the BIA’s Capital Improvements Master Plan, approved in principle by Council in 2007. |
Background Information (Committee) |
April 2, 2009 report (http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-20481.pdf) Manual (http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-20572.pdf) |
EY26.27 |
|
Adopted on Consent |
|
Ward: 5 |
Endorsement of Events for Liquor Licensing Purposes |
City Council Decision |
City Council on April 29 and 30, 2009, adopted the following:
That City Council, for liquor licensing purposes, advise the Alcohol and Gaming Commission of Ontario that it has no objection to the following:
1. The issuance of a Special Occasion Permit for the 12th Annual Taste of The Kingsway Festival to take place on the closed section of Bloor Street West between Prince Edward Drive and Montgomery Road, to operate a beer garden on:
Saturday, September 12, 2009 from 11:00 a.m. to 8:00 p.m. (Beer Garden to remain open until 9:00 p.m. to accommodate “last call”); and
Sunday, September 13, 2009 from 11:00 a.m. to 8:00 p.m. (Beer Garden to remain open until 9:00 p.m. to accommodate “last call”)
2. The establishments listed below participating in the 12th Annual Taste of The Kingsway Festival and to their liquor licences being extended during the Event’s hours:
Big Papa Restaurant, 2982 Bloor Street West Caffe Demetre, 2962 Bloor Street West Casa Barcelona, 2980 Bloor Street West Chutney’s Fine Indian Cuisine, 3077 Bloor Street West Crooked Cue, The, 3056 Bloor Street West Cru Restaurant, 946 Royal York Road Emerald Inn, 3073 Bloor Street West Gabby’s Grill & Taps, 2899 Bloor Street West Green Mango, 3006 Bloor Street West Henry VIII Ale House, 3078 Bloor Street West Hong Kong Gardens, 2993 Bloor Street West Just Greek, 3004 Bloor Street West Kingsway Fish & Chips, 3060 Bloor Street West Magic Spot Grill, 2973 Bloor Street West Merlot Restaurant, 2994 Bloor Street West Momiji Sushi Bar & Grill, 2955 Bloor Street West My Thai Kitchen, 3080 Bloor Street West Old Sod, The, 2936 Bloor Street West On the Rocks, 2956 Bloor Street West Ottimo Ristorante & Pizzeria, 3075 Bloor Street West Romi’s Pizzeria & Ristorante, 3062 Bloor Street West Sempre Pizza & Pasta, 3038 Bloor Street West Sushi 2 GO, 2976 Bloor Street West Swiss Chalet, 2955 Bloor Street West Thai Queen Restaurant, 3058 Bloor Street West ViBo Restaurant, 2995 Bloor Street West
|
———— |
Committee Recommendations |
Etobicoke York Community Council recommends that City Council for liquor licensing purposes, advise the Alcohol and Gaming Commission of Ontario that it has no objection to the following:
1. The issuance of a Special Occasion Permit for the 12th Annual Taste of The Kingsway Festival to take place on the closed section of Bloor Street West between Prince Edward Drive and Montgomery Road, to operate a beer garden on:
Saturday, September 12, 2009 from 11:00 a.m. to 8:00 p.m. (Beer Garden to remain open until 9:00 p.m. to accommodate “last call”); and
Sunday, September 13, 2009 from 11:00 a.m. to 8:00 p.m. (Beer Garden to remain open until 9:00 p.m. to accommodate “last call”)
2. The establishments listed below participating in the 12th Annual Taste of The Kingsway Festival and to their liquor licences being extended during the Event’s hours:
Big Papa Restaurant, 2982 Bloor Street West Caffe Demetre, 2962 Bloor Street West Casa Barcelona, 2980 Bloor Street West Chutney’s Fine Indian Cuisine, 3077 Bloor Street West Crooked Cue, The, 3056 Bloor Street West Cru Restaurant, 946 Royal York Road Emerald Inn, 3073 Bloor Street West Gabby’s Grill & Taps, 2899 Bloor Street West Green Mango, 3006 Bloor Street West Henry VIII Ale House, 3078 Bloor Street West Hong Kong Gardens, 2993 Bloor Street West Just Greek, 3004 Bloor Street West Kingsway Fish & Chips, 3060 Bloor Street West Magic Spot Grill, 2973 Bloor Street West Merlot Restaurant, 2994 Bloor Street West Momiji Sushi Bar & Grill, 2955 Bloor Street West My Thai Kitchen, 3080 Bloor Street West Old Sod, The, 2936 Bloor Street West On the Rocks, 2956 Bloor Street West Ottimo Ristorante & Pizzeria, 3075 Bloor Street West Romi’s Pizzeria & Ristorante, 3062 Bloor Street West Sempre Pizza & Pasta, 3038 Bloor Street West Sushi 2 GO, 2976 Bloor Street West Swiss Chalet, 2955 Bloor Street West Thai Queen Restaurant, 3058 Bloor Street West ViBo Restaurant, 2995 Bloor Street West
|
Committee Decision Advice and Other Information |
Etobicoke York Community Council:
1. Endorsed the 12th Annual Taste of the Kingsway Festival as a community event and directed that the Alcohol and Gaming Commission of Ontario be advised that it has no objection to the event taking place on Bloor Street West between Prince Edward Drive and Montgomery Road on:
Saturday, September 12, 2009 from 11:00 a.m. to 8:00 p.m. (Beer Garden to remain open until 9:00 p.m. to accommodate “last call”); and
Sunday, September 13, 2009 from 11:00 a.m. to 8:00 p.m. (Beer Garden to remain open until 9:00 p.m. to accommodate “last call”). |
Origin |
(March 29, 2009) Letter from Henny Varga, President, Kingsway BIA |
Summary |
Requesting that Etobicoke York Community Council, for liquor licensing purposes, declare the 12th Annual Taste of the Kingsway Festival to be held on Saturday, September 12th and Sunday, September 13th, 2009 from 11:00 a.m. to 8:00 p.m. on Bloor Street West between Prince Edward Drive and Montgomery Road, to be an event of municipal significance and/or community significance and advise the Alcohol and Gaming Commission of Ontario that it has no objection to it taking place. |
Background Information (Committee) |
March 29, 2009 letter (http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-20425.pdf) |
Speakers (Committee) |
(April 21, 2009) Arthur Roszak |
EY26.30 |
|
Amended |
|
Ward: 7 |
Massage Parlour Licences - 9 Milvan Drive |
City Council Decision |
City Council on April 29 and 30, 2009, adopted the following:
1. City Council refer the concerns outlined by the Etobicoke York Community Council to the Executive Director, Municipal Licensing and Standards for investigation and a determination of whether grounds exist to refer a particular licensee to the Toronto Licensing Tribunal.
2. City Council direct that the Ward Councillor be notified should this matter be before the Tribunal so he can make representation to the Tribunal if he so wishes. |
City Council Decision Advice and Other Information |
Speaker Bussin ruled the original recommendations of the Etobicoke York Community Council out of order, for the following reasons:
The Toronto Licensing Tribunal is a quasi-judicial body that must make independent decisions after a hearing. City Council cannot attempt to direct the decision making of the Tribunal, including the sharing of information with the Tribunal.
Similarly, the Executive Director has jurisdiction over the issuing of licences and must determine whether to issue a licence in accordance with Municipal Code Chapter 545, Licensing. Council cannot direct the Executive Director of Municipal Licensing and Standards not to issue licences as this would be contrary to the provisions of the Municipal Code. |
———— |
Committee Recommendations |
Etobicoke York Community Council recommends that:
1. City Council direct the Executive Director, Municipal Licensing and Standards and the Toronto Licensing Tribunal, not to issue any further business licences for massage parlours for those units at 9 Milvan Drive, in view of the history of By-law and other infractions.
2. City Council request the Executive Director, Municipal Licensing and Standards and the Emery Village BIA office, to share their files with the Toronto Licensing Tribunal. |
Origin |
(April 21, 2009) Member Motion from Councillor Giorgio Mammoliti |
Summary |
Over the last nine years, 9 Milvan Drive has accumulated a history of infractions with the City of Toronto, ranging from zoning, building, fire and municipal licensing and standards. The address has also been plagued with gun violence leading to the deaths of Livette Miller in 2004 and Johnny Gewarges Youkhana on January 3, 2009. |
Background Information (Committee) |
Motion (http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-20517.pdf) |
Background Information (City Council) |
(April 27, 2009) communication from the City Solicitor (EY26.30a) (http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-20829.pdf) |
EY26.32 |
|
Amended |
|
Ward: 17 |
32 and 36 Caledonia Road - Ministry of the Environment Certificate of Approval |
City Council Decision |
City Council on April 29 and 30, 2009, adopted the following:
1. City Council authorize the City Solicitor to retain outside Environmental Consultants and to attend the upcoming Appeal Hearing (May 7, 2009), and any other necessary hearings, to oppose the granting of a Ministry of the Environment Certificate of Approval for 32 and 36 Caledonia Road. |
———— |
Committee Recommendations |
Etobicoke York Community Council recommends that:
1. City Council authorize the City Solicitor to retain outside Environmental Consultants and to attend the upcoming Appeal Hearing (May 17, 2009), and any other necessary hearings, to oppose the granting of a Ministry of the Environment Certificate of Approval for 32 and 36 Caledonia Road. |
Origin |
(April 21, 2009) Member Motion from Councillor Cesar Palacio |
Summary |
Motion from Councillor Cesar Palacio regarding an appeal hearing of the Ministry of the Environment Certificate of Approval for 32 and 36 Caledonia Road. |
Background Information (Committee) |
Motion (http://www.toronto.ca/legdocs/mmis/2009/ey/bgrd/backgroundfile-20544.pdf) |
Submitted Tuesday, April 21, 2009 Councillor Frances Nunziata, Chair, Etobicoke York Community Council |