City Council on January 26 and 27, 2010, was advised that Item EY33.1 had been submitted to Council in error.  The authority to approve this Item falls under authority delegated to Community Councils and is outside Council’s jurisdiction.  This Item was subsequently withdrawn.

DELEGATED ITEM

This item was submitted to City Council for its meeting of January 26 and 27, 2010 in error. The authority to approve this item falls under authority delegated to Community Councils such authority having being approved by Etobicoke York Community Council at its meeting of January 12, 2010.   Enactment of this by-law will be submitted to the Etobicoke York Community Council meeting of February 9, 2010.

Etobicoke York Community Council held a public meeting in accordance with the City of Toronto Act 2006 and notice of the proposed enactment of the Draft By-law was posted on the Public Notice Page of the City’s website in accordance with the requirements of the City of Toronto Municipal Code, Chapter 162.  No one addressed the Etobicoke York Community Council. 

To name the existing private road, being the westerly extension of “Sherway Gardens Road”, west of Sherway Gate, as “Sherway Gardens Road”.

City Council on January 26 and 27, 2010, adopted the following:

1.         City Council refuse application No. 08  208726 WET 13 OZ to amend the Zoning By-law and Official Plan, at 200 Keele Street, and 195 and 203 Oakmount Road, and support the decision of the Deputy Secretary-Treasurer of the Etobicoke York District panel Committee of Adjustment to refuse consent to sever the rear portions of 195 and 203 Oakmount Road.

2.         City Council refuse application No. 08 208852 WET 00 RH for a permit under Municipal Code Chapter 667 to demolish rental housing at 200 Keele Street.

3.         City Council direct the City Solicitor and other appropriate staff to attend, if necessary, at the Ontario Municipal Board, to support City Council’s decision to refuse the Zoning and Official Plan Amendment applications and to support the decision of the Deputy Secretary-Treasurer of the Etobicoke York District panel Committee of Adjustment to refuse consent to sever the rear portions of 195 and 203 Oakmount Road, as represented by the proposal  and appeals outlined in the report (December 16, 2009) from the Director, Transportation Services, Etobicoke York District.

Etobicoke York Community Council recommends that:

1.            City Council refuse application No. 08  208726 WET 13 OZ to amend the Zoning By-law and Official Plan, at 200 Keele Street, and 195 and 203 Oakmount Road, and support the decision of the Deputy Secretary-Treasurer of the Etobicoke York District panel Committee of Adjustment to refuse consent to sever the rear portions of 195 and 203 Oakmount Road.

2.            City Council refuse application No. 08 208852 WET 00 RH for a permit under Municipal Code Chapter 667 to demolish rental housing at 200 Keele Street.

3.            City Council direct the City Solicitor and other appropriate staff to attend, if necessary, at the Ontario Municipal Board, to support City Council’s decision to refuse the Zoning and Official Plan Amendment applications and to support the decision of the Deputy Secretary-Treasurer of the Etobicoke York District panel Committee of Adjustment to refuse consent to sever the rear portions of 195 and 203 Oakmount Road, as represented by the proposal  and appeals outlined in the report (December 16, 2009) from the Director, Transportation Services, Etobicoke York District.

Etobicoke York Community Council held a public meeting on January 12, 2010 and notice was given in accordance with the City of Toronto Act, 2006, and notice was given in accordance with the requirements of the City of Toronto Municipal Code, Chapter 667.

The applicant’s proposal is to retain 14 of the 15 existing, 3-bedroom rental townhouses at 200 Keele Street, to demolish one such unit and to construct a new townhouse block containing 12  condominium townhouse units plus one rental townhouse unit on the lands comprising all of 200 Keele Street together with the rear portions of 195 and 203 Oakmount Road.  The Oakmount lands are proposed to be added through consent applications that were refused and are now under appeal at the Ontario Municipal Board.  Vehicle access to both existing and new townhouses is proposed via a non-DIPS compliant private lane from Keele Street.  Further, the new townhouse block is proposed to be constructed over lands subject to the City of Toronto Ravine Protection By-law.

City Council on January 26 and 27, 2010, adopted the following:

1.            City Council amend Zoning By-law 1989-78 substantially in accordance with the draft Zoning By-law Amendment, attached as Attachment 2 to the report (December 15, 2009) from the Director, Community Planning, Etobicoke York District.

2.            City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3.            Before introducing the necessary Bills to City Council for enactment, require the owner to enter into a legal agreement under Section 37 of the Planning Act to secure funds in the amount of $53, 250.00 toward the construction of a surface parking lot related to Indian Line Park.

4.            In accordance with the delegated approval under By-law 229-2000, City Council be advised that the Chief Planner may approve the Draft Plan of Subdivision, as generally illustrated on Attachment 1 subject to:

a.            the conditions, provided Attachment 3, which must be fulfilled prior to the release of the Draft Plan of Subdivision for registration;

b.            any such revisions to the Draft Plan of Subdivision or any such additional or modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of this development; and

c.            the approval of the Draft Plan of Subdivision not being issued until the Zoning By-law is in full force and effect.

Etobicoke York Community Council recommends that:

1.            City Council amend Zoning By-law 1989-78 substantially in accordance with the draft Zoning By-law Amendment, attached as Attachment 2 to the report (December 15, 2009) from the Director, Community Planning, Etobicoke York District.

2.            City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3.            Before introducing the necessary Bills to City Council for enactment, require the owner to enter into a legal agreement under Section 37 of the Planning Act to secure funds in the amount of $53, 250.00 toward the construction of a surface parking lot related to Indian Line Park.

4.            In accordance with the delegated approval under By-law 229-2000, City Council be advised that the Chief Planner may approve the Draft Plan of Subdivision, as generally illustrated on Attachment 1 subject to:

a.            the conditions, provided Attachment 3, which must be fulfilled prior to the release of the Draft Plan of Subdivision for registration;

b.            any such revisions to the Draft Plan of Subdivision or any such additional or modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of this development; and

c.            the approval of the Draft Plan of Subdivision not being issued until the Zoning By-law is in full force and effect.

The Etobicoke York Community Council held a statutory public meeting on September 15, 2009, which was continued on November 10, 2009, and continued on January 12, 2010 and notice was given in accordance with the Planning Act. 

A Final Report (August 27, 2009) recommending approval of an application to permit 82 townhouse units was before Community Council on September 15, 2009.  The report was deferred to the meeting of November 10, 2009, to allow the applicant to submit a proposal for 40 to 50 single-family dwelling units.

The applications propose 82 freehold townhouse units at 720 Humberwood Boulevard.

The proposal implements the Apartment Neighbourhood objectives of the Official Plan and is consistent with the Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe requirements for the accommodation of residential growth.

This report provides additional background information related to the previous subdivision approvals related to this property.

City Council on January 26 and 27, 2010, adopted the following:

1.            City Council deny the request for a permit to remove one (1) privately-owned tree at 46 Hunting Ridge.

Etobicoke York Community Council recommends that:

1.         City Council approve the removal of one (1) privately-owned tree at 46 Hunting Ridge, to be replaced with three (3) 50 mm. diameter trees to the satisfaction of Urban Forestry Services.

The report requests City Council’s authority to deny the request to remove a privately-owned tree, located in the rear yard of 46 Hunting Ridge.  The property owner is concerned that this tree may fall and cause damage to persons or property.

An inspection of the tree by staff revealed that the tree is in fair to good condition. The owner is of the opinion that this tree’s lean toward the house poses a hazard to people and property. 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 maintenance options exist that would allow it to be retained in a healthy state.

City Council on January 26 and 27, 2010, referred Item EY33.10 back to the Etobicoke York Community Council for further consideration.

Etobicoke York Community Council:

1.         Submits the report (October 23, 2009) from the Director, Community Planning, Etobicoke York District and the Director, Transportation Services, Etobicoke York District, without recommendation, in that all motions moved lost. 

This report addresses a request made by the Etobicoke York Community Council at its meeting of October 13, 2009 for the Directors of Community Planning and Transportation Services, Etobicoke York District to report to the November 10, 2009 Etobicoke York Community Council meeting on matters of driveway widths for townhouse units with double garages and on-street parking issues on Mendota Road, Gala Lane and Dalesford Road as they relate to the subject site.

City Council on January 26 and 27, 2010, adopted the following:

1.         City Council adopt the recommendations in Confidential Attachment 1 to the report (December 16, 2009) from the City Solicitor.

2.         City Council authorize the public release of the confidential recommendations in Attachment 1 to the report (December 16, 2009) from the City Solicitor if adopted by City Council.

The following instructions contained in Confidential Attachment 1 to the report (December 16, 2009) from the City Solicitor were adopted by City Council and are now public:

1.         City Council authorize the City Solicitor, in consultation with the City Manager and the Executive Director, Municipal Licensing and Standards, to retain and instruct Jacques Whitford Stantec Ltd. as an expert to assist in establishing and advancing the City’s position both prior to and during the hearing in this matter before the Environmental Review Tribunal (the “Tribunal”).

2.         City Council authorize the City Solicitor, in consultation with the City Manager and the Executive Director, Municipal Licensing and Standards, to take all necessary steps to advance the City’s position before the Tribunal, including settling the appeal, where it is concluded that it is reasonable to do so, appealing any interim or final decision where warranted, and executing any documents in furtherance thereto.

The balance of Confidential Attachment 1 to the report (December 16, 2009) from the City Solicitor remains confidential, in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

Etobicoke York Community Council recommends that:

1.         City Council adopt the recommendations in the Confidential Attachment 1 to the report (December 14, 2009) from the City Solicitor.

2.         City Council authorize the public release of the confidential recommendations in Attachment 1 if adopted by City Council.

Etobicoke York Community Council: 

1.         Requested the City Solicitor  to provide a report for the information of the Etobicoke York Community Council at its March 9, 2010 meeting on the status of the City's appeal to the Environmental Review Tribunal and steps taken by the City to that point.

2.         Requested the Manager, Municipal Licensing and Standards, Director, Toronto Water and Director, Transportation Services, Etobicoke York District to report to its March 9, 2010 meeting on New Sabby’s operations at 32 and 36 Caledonia Road and at 1530 St. Clair Avenue West.

New Sabby Concrete and Supplies Inc. (“New Sabby”) is a concrete batching facility that operates at Caledonia and St. Clair Avenue West.  In Spring, 2009, New Sabby applied to the Ministry of Environment (“MOE”) for a certificate of approval (“C of A”), which it was required to do as a result of changes to the regulations under the Environmental Protection Act.  

City Council on January 26 and 27, 2010, adopted the following:

1.         City Council request the Ministry of Environment to investigate the environmental and health concerns of the community in the area of Hard Rock and Santos Excavating, 101 Union Street, particularly the air borne contaminants and the effects of the noise and vibration on the nearby residential community at Hard Rock and Santos Excavating, 101 Union Street.

Etobicoke York Community Council recommends that:

1.         City Council request the Ministry of Environment to investigate the environmental and health concerns of the community in the area of Hard Rock and Santos Excavating, 101 Union Street, particularly the air borne contaminants and the effects of the noise and vibration on the nearby residential community at Hard Rock and Santos Excavating, 101 Union Street.

Etobicoke York Community Council:

1          Requested the Manager, Municipal Licensing and Standards, Etobicoke York District:

a.         to monitor Hard Rock and Santos Excavating, 101 Union Street, on a frequent basis with a view to determining whether additional charges should be laid before the courts.

b.         to investigate the feasibility of laying by-law charges for excessive noise and violent shaking of the nearby residents’ homes due to the huge concrete and stone smashing carried out at this location.

c.         to meet with the local Councillor and nearby residents to obtain input from the community before the next Court day in July 2010.

d.         to report to its April 27, 2010 meeting on the status of their investigations of Hard Rock and Santos Excavating, 101 Union Street.

Motion regarding zoning and waste infractions by Hard Rock and Santos Excavating, located at 101 Union Street.