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

1.         City Council amend Zoning By-law 438-86 as amended, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 2 to the report dated December 14, 2009 from the Director, Community Planning, Toronto and East York District, subject to including the following:

-           Allow the expansion of the uses that legally existed at 1150 Queen Street West on the date of this By-law coming into effect onto the properties at 1140, 1142 and 1144 Queen Street West to permit:

a.         A combined non-residential gross floor area for the purpose of a restaurant, take-out restaurant, and bake-shop uses up to a maximum of 175 m2, except that no portion of the additional floor space can be dedicated to accessory entertainment purposes otherwise permitted by this By-law.

b.         Below grade expansion uses may also include support and service spaces such as a green room, coat check, storage, lobby area, office, mechanical and electrical areas, and washrooms.

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.

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86 as amended, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 2 to the report dated December 14, 2009 from the Director, Community Planning, Toronto and East York District, subject to including the following:

-           Allow the expansion of the uses that legally existed at 1150 Queen Street West on the date of this By-law coming into effect onto the properties at 1140, 1142 and 1144 Queen Street West to permit:

a.         A combined non-residential gross floor area for the purpose of a restaurant, take-out restaurant, and bake-shop uses up to a maximum of 175 m2, except that no portion of the additional floor space can be dedicated to accessory entertainment purposes otherwise permitted by this By-law.

b.         Below grade expansion uses may also include support and service spaces such as a green room, coat check, storage, lobby area, office, mechanical and electrical areas, and washrooms.

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.

This City-initiated amendment is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The proposal is to amend Zoning By-law 438-86 to implement additional restrictions on restaurants and related uses on Queen Street West, between Dovercourt Road and Gladstone Avenue, in Ward 18.

Staff are recommending a number of amendments to the Zoning By-law that seek to balance the concerns of the residents and the business/property owners relating to the impacts of restaurants and related uses.  The cumulative effects of the amendments will help to limit the impacts of restaurants and related uses on the nearby residential area, while still allowing new restaurants and related uses.

This report reviews and recommends approval of amendments to the Zoning By-law.

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

1.         City Council amend the definition of artist live/work studio in Zoning By-law No. 1169‑2009, Section 14 to read: artist live/work studio shall mean a dwelling unit containing a studio space for the production of art and that a minimum of 20 of such units in Building A will be rented at no more than 0.8 times the CMHC average market rent for dwelling units of similar size in the City of Toronto and inhabited only by a working artist and his or her household.

2.         City Council authorize the Director of Community Planning, Toronto and East York District to enter into an agreement with Artscape to secure the provision and maintenance of 20 affordable rental units and 48 below-market ownership units, as identified in the amended zoning By-law.

3.         City Council authorize the City Solicitor to amend the Section 37 agreement to address the amendment to Zoning By-law 1169-2009.

4.         City Council direct staff to attend any OMB hearing on this matter in support of the zoning change, if required.

The Toronto and East York Community Council recommends that:

1.         City Council amend the definition of artist live/work studio in Zoning By-law No. 1169-2009 , Section 14 to read: artist live/work studio shall mean a dwelling unit containing a studio space for the production of art and that a minimum of 20 of such units in Building A will be rented at no more than 0.8 times the CMHC average market rent for dwelling units of similar size in the City of Toronto and inhabited only by a working artist and his or her household.

2.         City Council authorize the Director of Community Planning, Toronto and East York District to enter into an agreement with Artscape to secure the provision and maintenance of 20 affordable rental units and 48 below-market ownership units, as identified in the amended zoning By-law.

3.         City Council authorize the City Solicitor to amend the Section 37 agreement to address the amendment to Zoning By-law 1169-2009.

4.         City Council direct staff to attend any OMB hearing on this matter in support of the zoning change, if required.

On January 8, 2008, the Ontario Municipal Board approved By-law No.1169-2009 with respect to the lands at 150 Sudbury Street. Contained within the By-law was a mechanism allowing Artscape, a non-profit organization that works with artists, to buy units at below market cost from the developer for rent to artists as live/work studios. Artscape, in consultation with City staff, the developer and the local Councillor have determined that the mechanism, and therefore the By-law, needs to be amended to allow Artscape to sell some of the units as below-market ownership units, while maintaining a minimum number of units being retained as affordable rental. This report recommends the required amendment to the By-law. In addition, this report recommends that the City and Artscape enter into an agreement to secure conditions related to the Artscape units.

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

1.         City Council amend Zoning By-law 438-86, as amended, for the lands at 300 Front Street West substantially in accordance with the draft Zoning By-law Amendment provided in Attachment 1 to the report dated December 2, 2009, from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning Division, to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required to implement the intent of this report.

3.         City Council determine that no further notice is required.

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86, as amended, for the lands at 300 Front Street West substantially in accordance with the draft Zoning By-law Amendment provided in Attachment 1 to the report dated December 2, 2009, from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning Division, to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required to implement the intent of this report.

3.         City Council determine that no further notice is required.

At its meeting of May 26 and 27, 2008, Council approved the application for redevelopment of the site at 300 Front Street West for a mixed-use building ranging in height from 16- to 52-storeys, with commercial uses at grade. At that time, Council approved a draft Zoning By-law. Since then, during the course of refining the Site Plan Approval drawings, certain changes to the draft Zoning By-law have become necessary. This supplementary report recommends a revised draft Zoning By-law for approval including a revised height map.

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

1.         City Council approve in principle amendments to the Official Plan and Zoning By-law that would permit the development of the site with a building consisting of two towers on a base building in accordance with the revised drawing by architects Alliance dated January 23, 2010 attached, having the following dimensions:

i.          North Tower Height – 127 m (including mechanical penthouse);

ii.         South Tower Height – 133 m (including mechanical penthouse);

iii.        North Tower Floorplate Area – 780 sq m maximum gross construction area (750 sq m gross floor area);

iv.        South Tower Floorplate Area – 780 sq m maximum gross construction area (750 sq m gross floor area);

v.          North Tower East-West Length - 37.8 m; and

vi.        Building Separation – 25 m building face to building face,

subject to and requiring pursuant to Section 37 of the Planning Act: 

             a.        payment of the following cash sums, due upon issuance of the first above-grade building permit, which sums shall be indexed from the time the zoning by-law comes into force until payment in accordance with the Statistics Canada Non-residential Construction Price Index for Toronto:

i.          $1,000,000 towards local parks and street improvements in the area;

ii.         $500,000 towards the Toronto Reference Library Renovation Plan; and

             b.        requiring improvements to the privately owned park/open space area shown on the plans (modified to accommodate the shared loading elevator for the condominium to the east), to be designed and constructed by the Owner and to be made publicly accessible, with the value of such improvements to be agreed upon before the work is carried out and credited against any future cash-in-lieu of parkland payment.

2.         The following matters will also be secured pursuant to Section 37 of the Planning Act as a legal convenience and not as contributions of value: construction in accordance with the podium design and architectural plans, elevations and landscaping including 1:50 scale elevations and the commitment of the owner to construct in conformity with the City’s Green Development Standard.

3.         City Council direct the City Solicitor to attend the upcoming Ontario Municipal Board hearing respecting this site in support of the appeals, modified as described above, being allowed, subject to the Board’s order being withheld until the City Solicitor advises the Board that the Section 37 agreement has been executed and submits to the Board the official plan and zoning by-law amendments in a form satisfactory to the City and the owner.

The Toronto and East York Community Council recommends that:

1.         City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Municipal Board (OMB) to oppose the OMB appeal made by the applicant for Official Plan Amendment and Zoning By-law Amendment Application No.07 289063 STE 27 OZ.

2.         City Council instruct the City Solicitor to advise the OMB that Council would support an alternate Development Strategy for the lands known municipally as 21 Avenue Road substantially as set out in Attachment No.10 to the report dated December 23, 2009 from the Director, Community Planning, Toronto and East York District, and as noted within this report.

3.         In the event the OMB allows the appeal and permits the proposed development, City Council also instruct the City Solicitor to request the OMB to require the applicant to enter into an agreement to secure the provision of public benefits and related matters as deemed appropriate by the Chief Planner, pursuant to Section 37 of the Planning Act.

The applicant has appealed the Official Plan Amendment and Rezoning Applications to the Ontario Municipal Board (OMB) due to Council’s failure to make a decision within the time allotted by the Planning Act. A second pre-hearing conference on this file is set for February 1, 2010 and a hearing is set to commence on March 22, 2010.

The purpose of this report is to seek direction from City Council on the position to be taken at a forthcoming Ontario Municipal Board (OMB) hearing scheduled for March 22, 2010.

The application before the OMB is to permit the demolition of the existing Four Season Hotel and in its place proposes a 3-storey base building with three levels of retail. The proposed development would have at the north end of the base building an east-west orientated residential ‘slab like’ building of 28 storeys (90.5 metres to roof, 97 metres to the top of mechanical penthouse) and at the southern end of the base building, a 40-storey residential tower (136.75 metres to roof and 143.25 metres to the top of mechanical penthouse).Vehicular access to the site is proposed to be by way of a two-way north-south orientated driveway from both Yorkville Avenue and Cumberland Street.

The proposed massing represents an over-development of the site and would set a negative precedent in terms of the application of the City’s built form policies and guidelines for tall building development.

This report has identified that the proposal is located on a prominent site in terms of its relationship to an important vista of a sensitive historic environment (Ontario Legislative Assembly) within the City of Toronto. The proposed height of the building at the southern end of the site distracts and compromises this important vista. The report further demonstrates that when viewed from the north side of College Street, the tall building at the southern end of the site creates a negative visual impact.

The proposal in its current form does not meet the Official Plan policy of adequately limiting the impacts of shadows. In the context of a review of the building separation distance and proposed floor plate size, the proposal does not adequately address privacy impacts nor are views through and around the site sufficiently addressed.

After further review of applicable policies and guidelines, the findings of an independent view-shed analysis and review of the revised application materials, planning staff have compiled a Development Strategy where development may be considered at 21 Avenue Road (Attachment No.10).

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

1.         City Council amend Zoning By-law No.1996-0236 substantially in accordance with the draft Zoning By-law Amendment as shown on Attachment 2 to the report dated November 24, 2009, from the Director, Community Planning, Toronto and East York District, to remove application of the holding symbol (“h”) from the lands municipally known as 589 King Street East being Blocks 1, 2, and 25 on the West Don Lands Phase 1 M-plan.

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.          Prior to the introduction of the necessary Bill for enactment of the Zoning By-law Amendment, City Council require:

a.         The owner to register on title the West Don Lands Phase 1 Plan of Subdivision and subdivision agreement.

b.         A Record of Site Condition for the subject lands be completed to the City’s satisfaction.

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law No.1996-0236 substantially in accordance with the draft Zoning By-law Amendment as shown on Attachment 2 to the report dated November 24, 2009, from the Director, Community Planning, Toronto and East York District, to remove application of the holding symbol (“h”) from the lands municipally known as 589 King Street East being Blocks 1, 2, and 25 on the West Don Lands Phase 1 M-plan.

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.         Prior to the introduction of the necessary Bill for enactment of the Zoning By-law Amendment, City Council require:

a.         The owner to register on title the West Don Lands Phase 1 Plan of Subdivision and subdivision agreement.

b.         A Record of Site Condition for the subject lands be completed to the City’s satisfaction.

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.

A zoning by-law amendment application has been filed proposing the removal of the holding symbol (“h”), pursuant to Section 36 of the Planning Act on the lands municipally known as 589 King Street East, Blocks 1, 2 and 25 as identified on the West Don Lands M-plan.  These lands are part of the West Don Lands Precinct plan area.  This will allow the development of the Toronto Community Housing Corporation’s (TCHC) affordable housing project with commercial uses at grade to proceed.

The King Parliament Zoning By-law 1996-0236 contemplates the removal of the holding symbol when specific conditions have been satisfied.

This report reviews and recommends approval of the application to amend the Zoning By-law.

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

1.         City Council authorize the appropriate City officials to amend the Section 16 Agreement for 15 York Street as follows:

-           Revise the minimum hotel gross floor area to 13,750 sq m from 13,910 sq m.

-           Revise the dimensions of the canopy for weather protection requirements to permit a section of the canopy that is less than 3 m in depth and more than 5 m in height.

The Toronto and East York Community Council recommends that:

1.         City Council authorize the appropriate City officials to amend the Section 16 Agreement for 15 York Street as follows:

-           Revise the minimum hotel gross floor area to 13,750 sq m from 13,910 sq m.

-           Revise the dimensions of the canopy for weather protection requirements to permit a section of the canopy that is less than 3 m in depth and more than 5 m in height.

The purpose of this report is to seek Council authorization to amend the Section 16 Agreement for 15 York Street to reflect minor changes to hotel gross floor area and a small portion of the canopy height and depth.

The Toronto and East York Community Council recommends that:

1.         City Council authorize an amendment to the Official Plan substantially in accordance with the draft Official Plan Amendment attached as Attachment No.1 to the report dated December 14, 2009 from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize an amendment to Zoning By-law 6752, as amended, for the former Borough of East York, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 2.

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

4.         City Council approve the application to demolish the 36 rental housing units located at 2, 6, and 12 Fernwood Gardens pursuant to Municipal Code Chapters 667 and 363, subject to the following conditions under Chapter 667:

a.         The owner provide assistance to the tenants in the existing rental units as provided for in the approved Tenant Relocation and Assistance Plan.

b.         That the Official Plan and Zoning By-law Amendments in Recommendations 1 and 2 have come into full force and effect.

c.         The owner enter into, and register on title, an agreement or notice thereof, to the satisfaction of the City Solicitor, which secures the conditions outlined above in items a. and b. of this Recommendation.

5.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval to the application under Municipal Code Chapter 667 pursuant to Section 111 of the City of Toronto Act after the satisfaction of the following conditions:

a.         That the Official Plan and Zoning By-law Amendments have come into full force and effect.

b.         The satisfaction of the conditions in Recommendation 4.

c.         Site Plan Approval for the proposed development is issued pursuant to Section 114 of the City of Toronto Act, 2006 and pursuant to the Zoning By-law Amendment.

6.         Before introducing the necessary Bills for enactment, City Council require the owner to convey the valley/hazard lands, including all lands up to the Toronto and Region Conservation Authority’s staked top-of-bank line, to the Toronto and Region Conservation Authority for a nominal sum of two dollars ($2).

7.         Before introducing the necessary Bills for enactment, City Council authorize the appropriate City officials and require the owner to enter into a Heritage Easement Agreement with the City for the protection and long term maintenance of the heritage property at 2 O’Connor Drive, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

8.         Before introducing the necessary Bills, City Council authorize the appropriate City officials and require the owner to execute one or more agreements pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning, and City Solicitor.  The agreement(s) are to be registered on title to the lands in a manner satisfactory to the City Solicitor and to secure the following facilities, services and matters from the owner at its expense:

a.         A Tenant Relocation and Assistance Plan to the satisfaction of the Chief Planner and Executive Director, City Planning Division, that requires the owner to provide for each tenant of 2, 6, and 12 Fernwood Gardens assistance that includes at least a moving allowance and other financial assistance on a sliding scale geared to the length of occupancy of each tenant.

The following matters shall be secured in the Section 37 Agreement as a legal convenience to support development:

b.         A response, in conjunction with the Site Plan Application, to the Toronto and Region Conservation Authority’s comments contained within the September 30, 2009 memo, as they relate to natural heritage.

c.         A cost estimate, in conjunction with the Site Plan Application, for review and acceptance, for the proposed planting within the ravine and natural feature protected area, in addition to a cost estimate for the preparation and implementation of the ravine stewardship plan.

d.         A financial security, in conjunction with the Site Plan Application, as a security for implementing the planting plan within the ravine and natural feature protected area.

e.         Architectural plans at 1:100, elevations at 1:50 and landscaping plans at 1:100 to be secured to the satisfaction of the Chief Planner, and the owner will be required to, in conjunction with the Site Plan Application, submit such scaled drawings in conformity with this requirement.

f.          The owner shall incorporate in the construction of the building, and thereafter maintain, exterior building and landscape materials as shown on the plans and elevations referenced in e. above, to the satisfaction of the Chief Planner and Executive Director.

g.         Final development plans and landscape plans that enhance the heritage character and views of the front façade of the heritage building and exterior lighting plan for the heritage building, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in conjunction with the Site Plan Application.

h.         Prior to receiving Site Plan Approval, a revised Stormwater Management Report to the satisfaction of the Executive Director, Technical Services.

i.          A detailed Conservation Plan, in conjunction with the Site Plan Application, which includes: as-found record of the existing house including photographs keyed to plans and elevations of all visible exteriors and interiors; detailed descriptions for the proposed heritage conservation work; description of the reversibility of alterations; schedule of long term conservation and maintenance requirements; and cost estimates for conservation work of the heritage property located at 2 O’Connor Drive, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

j.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist received by the Chief Planner and Executive Director, City Planning Division, on December 30, 2008.

k.         The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report as accepted by the Executive Director of Technical Services, should it be determined that improvements to such infrastructure are required to support the development.

9.         City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 5.

10.       City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act no earlier than the issuance of the first building permit for the foundation of the development, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 5, which permit may be included in the demolition permit for Chapter 667 under 363-11.1E, of the Municipal Code.

On November 10, 2009, the Toronto and East York Community Council considered a Refusal Report dated October 23, 2009, from the Director, Community Planning, Toronto and East York District, regarding an Official Plan Amendment, a Zoning By-law Amendment, and Demolition Application under Municipal Code Chapter 667 to permit a 4-storey, 65-unit, private residential-care and assisted living facility at 2 O’Connor Drive, 2, 6 and 12 Fernwood Gardens.  The applications seek to demolish 36 affordable rental housing units at 2, 6 and 12 Fernwood Gardens which will not be replaced.

This report responds to the direction to City Staff from Toronto and East York Community Council at its November 10, 2009 meeting.  At that meeting, Toronto and East York Community Council recommended that City Council direct the Chief Planner, in consultation with the City Solicitor, to report to the January 12, 2010 meeting of Community Council, on the form of an Official Plan Amendment and Zoning By-law Amendment.  The City Clerk was directed to schedule and give notice of the statutory public meeting for the January 12, 2010, Toronto and East York Community Council.

At that same meeting, Toronto and East York Community Council recommended that City Council direct the Chief Planner to report back to the January 2010 meeting of Community Council on any proposed changes to the Tenant Relocation and Assistance Package, recommendations to approve and authorize the demolition of 36 rental units at 2, 6 and 12 Fernwood Gardens, and appropriate measures to conserve the hertiage resource on the site.

At its meeting of November 30 and December 1, 2009, City Council approved the recommendations from the November 10, 2009 meeting of Toronto and East York Community Council.  This report responds to those requests.

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

1.         City Council state its intention to designate the property at 2 O’Connor Drive under Part IV of the Ontario Heritage Act.

2.         If there are no objections to the designation in accordance with Section 26(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the Bills in Council designating the property under Part IV of the Ontario Heritage Act.

3.         If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the Clerk to refer the proposed designation to the Conservation Review Board.

4.         City Council approve the alterations to the heritage property at 2 O’Connor Drive, substantially in accordance with the heritage conservation plans and elevations and heritage impact statement, “2 O’Connor Drive, Heritage Impact Statement, dated revised August 20, 2009” all prepared by E.R.A Architects Inc., date stamped received by the City Planning Division August 27, 2009, and on file with the Manager, Heritage Preservation Services, subject to the following conditions:

a.         Prior to the passing of Bills in Council the owner shall:

-           enter into a Heritage Easement Agreement with the City for the protection and long term maintenance of the heritage property at 2 O’Connor Drive, subject to the approved alterations, to the satisfaction of the Manager, Heritage Preservation Services.

b.         Prior to final site plan approval the owner shall:

-           provide a Detailed  Conservation Plan, prepared by a qualified heritage consultant (Heritage Consultant)  to the satisfaction of the Manager, Heritage Preservation Services that includes:  as-found record of the existing house including photographs keyed to plans and elevations of all the visible exteriors and interiors; detailed descriptions for the proposed heritage conservation work; description of the reversibility of alterations; schedule of long term conservation and maintenance requirements; and cost estimates for the conservation work; and

-           provide final development plans, a landscape plan that enhances the heritage character and views of the front façade of the heritage building and exterior lighting plan for the heritage building, to the satisfaction of the Manager, Heritage Preservation Services.

c.         Prior to the issuance of any building permit for the heritage property located at 2 O’Connor Drive, including a permit for the demolition, excavation, and/or shoring of the subject property, the owner shall provide the following:

-           building permit drawings, including specifications for heritage conservation work prepared by the Heritage Consultant to the satisfaction of the Manager, Heritage Preservation Services; and

-           Letter of Credit, in a form and an amount satisfactory to the Chief Planner and Executive Director, City Planning Division, to secure all work included in the Detailed Conservation Plan.

d.         Prior to the release of the Letter of Credit, the owner shall:

-           complete the heritage conservation work to the satisfaction of the Manager, Heritage Preservation Services;

-           provide a notice of substantial completion for the heritage conservation work prepared by the Heritage Consultant to the satisfaction of the Manager, Heritage Preservation Services; and

-           submit final as-built photographs of the exterior and significant interiors of the heritage building at 2 O’Connor Drive satisfactory to the Manager, Heritage Preservation Services.

5.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owners of 2 O’Connor Drive for the property at 2 O’Connor Drive.

6.         City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of the Heritage Easement Agreement.

The Toronto and East York Community Council recommends that:

1.         City Council state its intention to designate the property at 2 O’Connor Drive under Part IV of the Ontario Heritage Act.

2.         If there are no objections to the designation in accordance with Section 26(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the Bills in Council designating the property under Part IV of the Ontario Heritage Act.

3.         If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the Clerk to refer the proposed designation to the Conservation Review Board.

4.         City Council approve the alterations to the heritage property at 2 O’Connor Drive, substantially in accordance with the heritage conservation plans and elevations and heritage impact statement, “2 O’Connor Drive, Heritage Impact Statement, dated revised August 20, 2009” all prepared by E.R.A Architects Inc., date stamped received by the City Planning Division August 27, 2009, and on file with the Manager, Heritage Preservation Services, subject to the following conditions:

a.         Prior to the passing of Bills in Council the owner shall:

-           enter into a Heritage Easement Agreement with the City for the protection and long term maintenance of the heritage property at 2 O’Connor Drive, subject to the approved alterations, to the satisfaction of the Manager, Heritage Preservation Services.

b.         Prior to final site plan approval the owner shall:

-           provide a Detailed  Conservation Plan, prepared by a qualified heritage consultant (Heritage Consultant)  to the satisfaction of the Manager, Heritage Preservation Services that includes:  as-found record of the existing house including photographs keyed to plans and elevations of all the visible exteriors and interiors; detailed descriptions for the proposed heritage conservation work; description of the reversibility of alterations; schedule of long term conservation and maintenance requirements; and cost estimates for the conservation work; and

-           provide final development plans, a landscape plan that enhances the heritage character and views of the front façade of the heritage building and exterior lighting plan for the heritage building, to the satisfaction of the Manager, Heritage Preservation Services.

c.         Prior to the issuance of any building permit for the heritage property located at 2 O’Connor Drive, including a permit for the demolition, excavation, and/or shoring of the subject property, the owner shall provide the following:

-           building permit drawings, including specifications for heritage conservation work prepared by the Heritage Consultant to the satisfaction of the Manager, Heritage Preservation Services; and

-           Letter of Credit, in a form and an amount satisfactory to the Chief Planner and Executive Director, City Planning Division, to secure all work included in the Detailed Conservation Plan.

d.         Prior to the release of the Letter of Credit, the owner shall:

-           complete the heritage conservation work to the satisfaction of the Manager, Heritage Preservation Services;

-           provide a notice of substantial completion for the heritage conservation work prepared by the Heritage Consultant to the satisfaction of the Manager, Heritage Preservation Services; and

-           submit final as-built photographs of the exterior and significant interiors of the heritage building at 2 O’Connor Drive satisfactory to the Manager, Heritage Preservation Services.

5.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owners of 2 O’Connor Drive for the property at 2 O’Connor Drive.

6.         City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of the Heritage Easement Agreement.

This application proposes to develop the site at 2 O'Connor Drive, 2, 6, and 12 Fernwood Gardens with a 4-storey, 65-unit, residential-care and assisted living facility.  The John F. Taylor house, a listed heritage property located at 2 O’Connor Drive, will be preserved, partially restored and incorporated into the development proposal. All other buildings are to be demolished, including three buildings containing 36 residential rental units that are not proposed to be replaced. The applicant is applying for Official Plan Amendment, Rezoning and demolition under Municipal Code Chapter 667.

The Community Planning staff report for this application recommended refusal.  The key concerns noted in the report included lack of retention or replacement of the affordable rental housing and the fit of the proposal with the planned context of Fernwood Gardens. However, the Toronto and East York Community Council (TEYCC) voted to approve the application at their meeting of November 10, 2009 and requested planning staff to prepare a report to come back to the January 12, 2010 meeting of TEYCC with conditions of approval for the application.

Following on the direction from TEYCC, this report provides a review of the applications as they relate to proposed conservation of the property under the Ontario Heritage Act, and recommends that Council designate the property at 2 O’Connor Drive under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value and ensure the preservation of the heritage attributes of the property.

The Toronto Preservation Board on November 26, 2009, considered the report (November 12, 2009), from the Director, Policy and Research, City Planning Division, respecting 2 O'Connor Drive - Alteration to a Heritage Property and Intention to Designate, Part IV, Section 29, Ontario Heritage Act and Authority to Enter into a Heritage Easement Agreement.

The Toronto Preservation Board considered a communication (November 26, 2009) from Michael McClelland, E.R.A. Architects Inc.

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

1.         City Council approve the alterations to the heritage property at 104 John Street, substantially in accordance with the Conservation Plan drawings prepared by Goldsmith Borgal & Company Ltd. Architects, dated June 17, 2009, and on file with the Manager, Heritage Preservation Services, subject to the following conditions:

a.         Prior to Zoning By-Law Amendment approval, the owner shall:

-           submit a Conservation and Rehabilitation Plan prepared by a qualified heritage consultant which has included the following items: (1) “blow‑up” elevations and sections of the heritage property; (2) existing conditions assessment; (3) feasibility study to further explore the method in which relocation of the structure would occur so that the integrity of the heritage structure is not physically compromised.

b.         Prior to Site Plan approval, the owner shall:

-           provide additional information, based on the proposed Conservation Plan, to include documentation substantially in accordance with that outlined within Section 3.2.1 Option A (page 12) of the submitted Heritage Conservation Plan. Specifically, a detailed plan shall also be submitted to outline mitigation measures that address construction impacts relative to the on-site heritage structures;

-           submit plans for interpretive panels or other interpretive materials to communicate the development history of the property including the research content, design and location of the interpretive materials. The interpretation plan shall include panels or materials at both the existing location of the heritage building and the proposed location within the development site. All above components of the plan shall be to the satisfaction of the Manager of Heritage Preservation Services; and

-           provide a landscape plan for the subject property to the satisfaction of the Manager of Heritage Preservation Services.

c.         Prior to the issuance of any building permit, including a permit for the demolition, excavation, and/or shoring on the subject property, the owner shall:

-           provide a Letter of Credit in a form and in an amount satisfactory to the Manager, Heritage Preservation Services to secure all work included in the Conservation Plan; and

 -           provide final plans satisfactory to the Manager of Heritage Preservation Services.

d.         Prior to the release of the Letter of Credit the applicant shall:

-           provide evidence and documentation that the project scheme has been implemented, per the approved Conservation Plan, satisfactory to the Manager of Heritage Preservation Services.

2.         City Council state its intention to designate the property at 104 John Street 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, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV of the Ontario Heritage Act.

4.         If there are any objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the Clerk to refer the proposed designation to the Conservation Review Board.

5.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property.

6.         City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into a Heritage Easement Agreement.

The Toronto and East York Community Council recommends that:

1.         City Council approve the alterations to the heritage property at 104 John Street, substantially in accordance with the Conservation Plan drawings prepared by Goldsmith Borgal & Company Ltd. Architects, dated June 17, 2009, and on file with the Manager, Heritage Preservation Services, subject to the following conditions:

a.         Prior to Zoning By-Law Amendment approval, the owner shall:

-           submit a Conservation and Rehabilitation Plan prepared by a qualified heritage consultant which has included the following items: (1) “blow-up” elevations and sections of the heritage property; (2) existing conditions assessment; (3) feasibility study to further explore the method in which relocation of the structure would occur so that the integrity of the heritage structure is not physically compromised.

b.         Prior to Site Plan approval, the owner shall:

-           provide additional information, based on the proposed Conservation Plan, to include documentation substantially in accordance with that outlined within Section 3.2.1 Option A (page 12) of the submitted Heritage Conservation Plan. Specifically, a detailed plan shall also be submitted to outline mitigation measures that address construction impacts relative to the on-site heritage structures;

-           submit plans for interpretive panels or other interpretive materials to communicate the development history of the property including the research content, design and location of the interpretive materials. The interpretation plan shall include panels or materials at both the existing location of the heritage building and the proposed location within the development site. All above components of the plan shall be to the satisfaction of the Manager of Heritage Preservation Services; and

-           provide a landscape plan for the subject property to the satisfaction of the Manager of Heritage Preservation Services.

c.         Prior to the issuance of any building permit, including a permit for the demolition, excavation, and/or shoring on the subject property, the owner shall:

-           provide a Letter of Credit in a form and in an amount satisfactory to the Manager, Heritage Preservation Services to secure all work included in the Conservation Plan; and

 -          provide final plans satisfactory to the Manager of Heritage Preservation Services.

d.         Prior to the release of the Letter of Credit the applicant shall:

-           provide evidence and documentation that the project scheme has been implemented, per the approved Conservation Plan, satisfactory to the Manager of Heritage Preservation Services.

2.         City Council state its intention to designate the property at 104 John Street 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, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV of the Ontario Heritage Act.

4.         If there are any objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the Clerk to refer the proposed designation to the Conservation Review Board.

5.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property.

6.         City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into a Heritage Easement Agreement.

This report addresses an application to permit a new 42-storey tower at the northeast corner of the site with an eight-storey building and six-storey podium covering the westerly half of the subject property. The project would include 443 residential condominium units, a hotel with 104 rooms and retail uses at the lower levels of the development. A total of 388 parking spaces are proposed to be located in an underground parking facility. The project includes relocation of the heritage building at 104 John Street from the northeast to southeast corner of the subject property. The structure would be moved approximately 57 metres southward along the John Street frontage from its current location.

This report recommends that City Council approve the proposed alterations to the heritage property at 104 John Street and also designate the property under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value as a rare surviving example of residential row architecture in the area formerly known as “New Town.” The property also contributes to the historic and contextual fabric that exists within the King-Spadina Secondary Plan area.

The Toronto Preservation Board on November 26, 2009, considered the report (November 5, 2009), from the Director, Policy and Research, City Planning Division, respecting 104 John Street - Alteration to a Heritage Property and Intention to Designate, Part IV, Section 29, Ontario Heritage Act and Authority to Enter Into a Heritage Easement Agreement.

The Toronto Preservation Board considered a submission (Undated), from Sharon Vattay, Goldsmith Borgal & Company Ltd., Architects.

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

1.         City Council adopt the revised Reasons for Designation as set out in Attachment No. 4 of the report dated October 26, 2009 from the Director, Policy and Research, City Planning.

2.         Upon receipt of the owner’s withdrawal of its notice of objection, City Council authorize the City Solicitor to introduce a bill in Council with the amended Reasons for Designation as set out in Attachment No. 4 of the report dated October 26, 2009 from the Director, Policy and Research, City Planning, designating the property under Part IV, Section 29 of the Ontario Heritage Act.

The Toronto and East York Community Council recommends that

1.         City Council adopt the revised Reasons for Designation as set out in Attachment No. 4 of the report dated October 26, 2009 from the Director, Policy and Research, City Planning Division.

2.         Upon receipt of the owner’s withdrawal of its notice of objection, City Council authorize the City Solicitor to introduce a bill in Council with the amended Reasons for Designation as set out in Attachment No. 4, designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council amend the Reasons for Designation for the property at 129 St. Clair Avenue West (Deer Park United Church) as adopted by Council at its meeting of October 29 and 30, 2008, and that Council pass the by-law designating the property at 129 St. Clair Avenue West under Part IV, Section 29 of the Ontario Heritage Act.

Following its meeting of October 2008, City Council served notice of its intention to designate the property at 129 St. Clair Avenue West under Part IV, Section 29 of the Ontario Heritage Act.  On December 23, 2008, the legal representative of Deer Park United Church, owner of the subject property, submitted an objection to the notice of intention to designate and the matter was referred to the Conservation Review Board.  The owner has now agreed to withdraw its objections subject to minor revisions to the original Reasons for Designation (Attachment No. 3) and their replacement by the revised Reasons for Designation (Attachment No. 4).

Heritage Preservation Services is satisfied that the revised Reasons for Designation will ensure that the property’s cultural heritage values and attributes are preserved.

The Toronto Preservation Board on November 26, 2009, considered the report (October 26, 2009), from the Director, Policy and Research, City Planning Division, respecting 129 St. Clair Avenue West – Amendment to Reasons for Designation and Passage of Designating By-law under Part IV, Section 29 of the Ontario Heritage Act.

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

1.         City Council designate by by-law the area shown on Attachment No. 1 to the report dated November 10, 2009 from the Director, Policy and Research, City Planning Division, as the Kingswood Road South Heritage Conservation District, in accordance with Section 41 of the Ontario Heritage Act.

2.         City Council adopt by by-law the Kingswood Road South Heritage Conservation District Plan, dated June 5, 2009, as the District Plan for the Kingswood Road South Heritage Conservation District, for use by property owners, City staff, advisory committees and City Council when making decisions regarding matters set out under Section 42 of the Ontario Heritage Act.

3.         If there are any objections to the by-law under Section 41 of the Ontario Heritage Act, City Council authorize the City Solicitor to appear before the Ontario Municipal Board to defend the by-law.

4.         Until such time as the by-law designating the area as the Kingswood Road South Heritage Conservation District comes into force or is repealed, City Council direct that all properties within the area, unless designated under Part IV of the Ontario Heritage Act, be listed in the City’s Inventory of Heritage Properties.

5.         City Council direct that the height limit and minimum lot frontages in the zoning by‑law be reviewed and amended as necessary to more closely match the guidelines in this District Plan.

The Toronto and East York Community Council recommends that:

1.         City Council designate by by-law the area shown on Attachment No. 1 to the report dated November 10, 2009 from the Director, Policy and Research, City Planning Division, as the Kingswood Road South Heritage Conservation District, in accordance with Section 41 of the Ontario Heritage Act.

2.         City Council adopt by by-law the Kingswood Road South Heritage Conservation District Plan, dated June 5, 2009, as the District Plan for the Kingswood Road South Heritage Conservation District, for use by property owners, City staff, advisory committees and City Council when making decisions regarding matters set out under Section 42 of the Ontario Heritage Act.

3.         If there are any objections to the by-law under Section 41 of the Ontario Heritage Act, City Council authorize the City Solicitor to appear before the Ontario Municipal Board to defend the by-law.

4.         Until such time as the by-law designating the area as the Kingswood Road South Heritage Conservation District comes into force or is repealed, City Council direct that all properties within the area, unless designated under Part IV of the Ontario Heritage Act, be listed in the City’s Inventory of Heritage Properties.

5.         City Council direct that the height limit and minimum lot frontages in the zoning by-law be reviewed and amended as necessary to more closely match the guidelines in this District Plan.

The purpose of this report is to recommend the designation of the Kingswood Road South area as a Heritage Conservation District and to recommend the adoption of the district plan by by-law, as required under the Ontario Heritage Act (OHA). The District plan was prepared by E.R.A. Architects Inc. and was led by the community. Heritage Preservation Staff (HPS) have reviewed the plan and believe the plan meets the requirements of the OHA.

The Toronto Preservation Board on November 26, 2009, considered the report (November 10, 2009), from the Director, Policy and Research, City Planning Division, respecting Kingswood Road South Heritage Conservation District.

The Toronto Preservation Board considered the following:

a.         Communication (November 25, 2009) from Councillor Sandra Bussin, Beaches-East York Ward 32.

b.         Communication (Undated) from Councillor Sandra Bussin, Beaches-East York Ward 32.

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

1.         City Council request City Planning staff to initiate a rezoning for 10 Ordnance Street to redesignate the site from ‘I3D3’ (Industrial) to ‘G’ (Park Land).

2.         City Council direct staff to schedule a public community consultation meeting together with the Ward Councillor.

3.         City Council direct that notice for the community consultation meeting be given to all landowners and residents within 120 metres of the site.

4.         City Council direct that the notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

The Toronto and East York Community Council recommends that:

1.         City Council request City Planning staff to initiate a rezoning for 10 Ordnance Street to redesignate the site from ‘I3D3’ (Industrial) to ‘G’ (Park Land).

2.         City Council direct staff to schedule a public community consultation meeting together with the Ward Councillor.

3.         City Council direct that notice for the community consultation meeting be given to all landowners and residents within 120 metres of the site.

4.         City Council direct that the notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

The report responds to a request from the Toronto and East York Community Council at its meeting of November 10, 2009, that the Chief Planner and Executive Director, City Planning Division prepare a report regarding the appropriate zoning of the City-owned land at 10 Ordnance Street, with a view to having the land classified as future parkland.

The land at 10 Ordnance Street is currently zoned I3D3 and used as a parking lot. The Fort York Pedestrian and Cycling Bridge is proposed to cross over the subject lands linking the Stanley Park South extension with the Fort York National Historic site. The bridge has been designed to provide for a future pedestrian connection down onto 10 Ordnance Street to allow better access to the King Liberty community.

Based on a preliminary review, City Planning staff believe there is merit in initiating a rezoning to redesignate the site ‘G’ Park Land. The rezoning process would allow staff to consult with the local community and allow the other relevant City divisions to comprehensively review the proposal.

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

1.         City Council approve the continuation of the closure of the sidewalk and curb lane on the east side of Bay Street, between Yorkville Avenue and Scollard Street, from February 28, 2010 to July 31, 2012.

2.         City Council direct that Bay Street be returned to its pre-construction traffic and parking regulations when the project is complete.

The Toronto and East York Community Council recommends that:

1.         City Council approve the continuation of the closure of the sidewalk and curb lane on the east side of Bay Street, between Yorkville Avenue and Scollard Street, from February 28, 2010 to July 31, 2012.

2.         City Council direct that Bay Street be returned to its pre-construction traffic and parking regulations when the project is complete.

Bay-Yorkville Developments Limited is building a 52-storey hotel/condominium and a 26-storey condominium at 50 Yorkville Avenue, on the east side of Bay Street, between Yorkville Avenue and Scollard Street.   They need to continue to close the sidewalk and curb lane on the east side of Bay Street in order to complete construction.

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

1.         City Council approve the closure of the sidewalk and curb lane on the north side of Davenport Road, between a point 33.8 metres west of McMurrich Street and a point 62.2 metres west of McMurrich Street, from January 28, 2010 to July 15, 2010.

2.         City Council approve a “No Stopping Anytime” regulation on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

3.         City Council approve the removal of the existing “No Stopping, 3:30 p.m. to 6:30 p.m., except Sat, Sun, and Public Holidays” regulation on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

4.         City Council approve the removal of the existing “No Parking, 7:30 a.m. to 9:30 a.m., except Sat., Sun. and Public Holidays” regulation on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

5.         City Council approve the removal of the existing “One Hour Parking, 9:30 a.m. to 6:30 p.m., Mon. to Fri.; 8:00 a.m. to 6:00 p.m., Sat.” regulation on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

6.         City Council approve the removal of the existing Pay & Display parking regulations on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

7.         City Council direct that Davenport Road be returned to its pre-construction traffic and parking regulations when the project is completed.

The Toronto and East York Community Council recommends that:

1.         City Council approve the closure of the sidewalk and curb lane on the north side of Davenport Road, between a point 33.8 metres west of McMurrich Street and a point 62.2 metres west of McMurrich Street, from January 28, 2010 to July 15, 2010.

2.         City Council approve a “No Stopping Anytime” regulation on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

3.         City Council approve the removal of the existing “No Stopping, 3:30 p.m. to 6:30 p.m., except Sat, Sun, and Public Holidays” regulation on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

4.         City Council approve the removal of the existing “No Parking, 7:30 a.m. to 9:30 a.m., except Sat., Sun. and Public Holidays” regulation on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

5.         City Council approve the removal of the existing “One Hour Parking, 9:30 a.m. to 6:30 p.m., Mon. to Fri.; 8:00 a.m. to 6:00 p.m., Sat.” regulation on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

6.         City Council approve the removal of the existing Pay & Display parking regulations on the north side of Davenport Road, between a point 28.8 metres west of McMurrich Street and a point 67.2 metres west of McMurrich Street.

7.         City Council direct that Davenport Road be returned to its pre-construction traffic and parking regulations when the project is completed.

Diamante Development Corporation is constructing a 22-storey condominium building at 76 Davenport Road, on the north side of Davenport Road at Bay Street.  Transportation Services has been requested to close the sidewalk and curb lane on the north side of Davenport Road for 6 months to facilitate construction.

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

1.         City Council approve the closure of the sidewalk on the north side of Front Street East, between Parliament Street and a point 38.9 metres west of Parliament Street, from January 28, 2010 to August 31, 2010.

The Toronto and East York Community Council recommends that:

1.         City Council approve the closure of the sidewalk on the north side of Front Street East, between Parliament Street and a point 38.9 metres west of Parliament Street, from January 28, 2010 to August 31, 2010.

Northway Construction Company Limited is constructing a 2-storey automotive dealership at 64-70 Parliament Street, on the west side of Parliament Street, between Front Street East and King Street East.  Transportation Services has been requested to close the sidewalk on the north side of Front Street East for 7 months to facilitate construction.

As part of this same project, Transportation Services has been requested to close the sidewalk on the west side of Parliament Street.  This issue is dealt with in a separate report “Sidewalk Closure – Parliament Street”, which requires Toronto and East York Community Council approval.

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

1.         City Council approve the removal of a pedestrian crossover (PXO) from the south side at the intersection of Ossington Avenue and Argyle Street and, coincident with the removal of the PXO, approve installation of traffic control signals at this intersection.

The Toronto and East York Community Council recommends that:

1.         City Council approve the removal of a pedestrian crossover (PXO) from the south side at the intersection of Ossington Avenue and Argyle Street and, coincident with the removal of the PXO, approve installation of traffic control signals at this intersection.

Transportation Services is requesting authority from City Council to install traffic control signals at the intersection of Ossington Avenue and Argyle Street.

The installation of traffic control signals at this location will replace an existing pedestrian crossover (PXO) and enhance safety for pedestrians and motorists.  This installation will result in the loss of approximately nine parking spaces.

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

1.         City Council prohibit parking at all times on the south side of St. Clair Avenue West, from a point 66 metres west of Christie Street and a point 15 metres west.

The Toronto and East York Community Council recommends that:

1.         City Council prohibit parking at all times on the south side of St. Clair Avenue West, from a point 66 metres west of Christie Street and a point 15 metres west.

Transportation Services is requesting authority from City Council to implement a “No Parking Anytime” regulation in front of No. 707 St. Clair Avenue West (St. Matthew’s Bracondale House seniors' residence).

The implementation of a “No Parking Anytime” regulation will provide an area for Wheel-Trans, taxis, private vehicles and emergency vehicles to load/unload residents of the St. Matthew’s Bracondale House.

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

1.         City Council rescind the “No Stopping 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday to Friday” regulation on the north side of St. Clair Avenue East, from Ferndale Avenue to a point 30.5 metres east of Yonge Street.

2.         City Council rescind the “No Stopping Anytime” regulation on the north side of St. Clair Avenue East, from a point 30.5‑metres east of Yonge Street to a point 51 metres west of Yonge Street.

3.         City Council rescind the “No Parking Anytime” regulation on the north side of St. Clair Avenue East, from Ferndale Avenue to a point 30.5 metres east of Yonge Street.

4.         City Council prohibit stopping at all times on the north side of St. Clair Avenue, from a point 51 metres west of Yonge Street to Ferndale Avenue.

The Toronto and East York Community Council recommends that:

1.         City Council rescind the “No Stopping 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday to Friday” regulation on the north side of St. Clair Avenue East, from Ferndale Avenue to a point 30.5 metres east of Yonge Street.

2.         City Council rescind the “No Stopping Anytime” regulation on the north side of St. Clair Avenue East, from a point 30.5 metres east of Yonge Street to a point 51 metres west of Yonge Street.

3.         City Council rescind the “No Parking Anytime” regulation on the north side of St. Clair Avenue East, from Ferndale Avenue to a point 30.5 metres east of Yonge Street.

4.         City Council prohibit stopping at all times on the north side of St. Clair Avenue East, from a point 51 metres west of Yonge Street to Ferndale Avenue.

Transportation Services is requesting authority from City Council to implement a “No Stopping Anytime” regulation on the north side of St. Clair Avenue East, between Yonge Street and Ferndale Avenue.

The implementation of a “No Stopping Anytime” regulation will deter drivers from parking illegally on the north side of St. Clair Avenue East, between Yonge Street and Ferndale Avenue, and it will reduce congestion and improve the flow of traffic for westbound motorists and for TTC vehicles departing the St.Clair station streetcar exit.

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

1.         City Council prohibit eastbound left turns from Eastern Avenue to Empire Avenue between 4:00 p.m. and 7:00 p.m., except Saturday, Sunday, and public holidays (bicycles excepted).

The Toronto and East York Community Council recommends that:

1.         City Council prohibit eastbound left turns from Eastern Avenue to Empire Avenue between 4:00 p.m. and 7:00 p.m., except Saturday, Sunday, and public holidays (bicycles excepted).

Transportation Services is requesting approval from City Council to prohibit eastbound left turns from Eastern Avenue to Empire Avenue between 4:00 p.m. and 7:00 p.m., Monday to Friday in order to reduce non-resident traffic. 

The eastbound left-turn prohibition will reduce traffic on Empire Avenue during the weekday afternoon peak period and will not negatively impact TTC bus service along Eastern Avenue.  An increase in traffic volume on adjacent northbound streets could be expected as a result of the turn prohibition.

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

1.         City Council rescind the existing "No Parking Anytime" prohibition on the north side of Wellesley Street West, from a point 33 metres east of Queen's Park Crescent East to a point 50 metres further east.

2.         City Council rescind the regulation authorizing the operation of parking machines between 8:00 a.m. and 9:00 p.m., Monday to Saturday and between 1:00 p.m. and 9:00 p.m. Sunday for a maximum period of 3 hours at a rate of $2.50 per hour on the north side of Wellesley Street West from Queen's Park Crescent East to Bay Street.

3.         City Council authorize the operation of parking machines between 8:00 a.m. and 9:00 p.m., Monday to Saturday and between 1:00 p.m. and 9:00 p.m. Sunday for a maximum period of 3 hours at a rate of $2.50 per hour on the north side of Wellesley Street West from a point 121 metres west of Bay Street to Queen's Park Crescent East.

4.         City Council authorize installation of a "School Bus Loading Zone" on the north side of Wellesley Street West, from a point 91 metres west of Bay Street to a point 30 metres further west.

The Toronto and East York Community Council recommends that:

1.         City Council rescind the existing "No Parking Anytime" prohibition on the north side of Wellesley Street West, from a point 33 metres east of Queen's Park Crescent East to a point 50 metres further east.

2.         City Council rescind the regulation authorizing the operation of parking machines between 8:00 a.m. and 9:00 p.m., Monday to Saturday and between 1:00 p.m. and 9:00 p.m. Sunday for a maximum period of 3 hours at a rate of $2.50 per hour on the north side of Wellesley Street West from Queen's Park Crescent East to Bay Street.

3.         City Council authorize the operation of parking machines between 8:00 a.m. and 9:00 p.m., Monday to Saturday and between 1:00 p.m. and 9:00 p.m. Sunday for a maximum period of 3 hours at a rate of $2.50 per hour on the north side of Wellesley Street West from a point 121 metres west of Bay Street to Queen's Park Crescent East.

4.         City Council authorize installation of a "School Bus Loading Zone" on the north side of Wellesley Street West, from a point 91 metres west of Bay Street to a point 30 metres further west.

Transportation Services is seeking approval from City Council to designate a “School Bus Loading Zone”, on the north side of Wellesley Street West, from a point 33 metres east of Queen’s Park Crescent East to a point 50 metres further east to enhance loading/unloading of buses transporting students to/from St. Joseph’s College, located at 74 Wellesley Street West.

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

1.         City Council appoint the following five nominees, as set out in Attachment 1 to the report dated December 16, 2009, from the City Manager to the Board of Management of Yonge Dundas Square, in order to replace four members nominated by interest groups who have left their organizations, and to fill the new position recently approved by Council for a member nominated by the Corporation of Massey Hall and Roy Thompson Hall:

Nominees from the Downtown Yonge Business Improvement Area:

Mr. Brian O’Hoski, Property Manager, Retail, Cadillac Fairview Corporation Ltd. / Toronto Eaton Centre

Mr. J. Ken Rutherford, Owner, 340 Yonge Street, Toronto Camera Centres Ltd.

            Nominee from Yonge Street Mission:

Mr. Paul E. Davidson, P. Eng., Mission Operations Officer

            Nominee from the Toronto Alliance for the Performing Arts:

Ms. Jacoba Knaapen, Executive Director, Toronto Alliance for the Performing Arts

Nominee from Massey Hall by the Corporation of Massey Hall and Roy Thompson Hall:

Mr. Jesse Kumagai, Director of Programming for Massey Hall

The Toronto and East York Community Council recommends that:

1.         City Council appoint the five nominees set out in Attachment 1 to the report dated December 16, 2009, from the City Manager to the Board of Management of Yonge Dundas Square, in order to replace four members nominated by interest groups who have left their organizations, and to fill the new position recently approved by Council for a member nominated by the Corporation of Massey Hall and Roy Thompson Hall.

The purpose of this report is to recommend that Council appoint five members to the Yonge Dundas Square Board of Management to fill vacancies created by the departure of interest group representatives from their respective organizations, and to fill the new member for Massey Hall approved by Council November 30 and December 1, 2009.

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

City Council, for liquor licensing purposes, advise the Alcohol and Gaming Commission of Ontario that it has no objection to the following requests for:

1.          a liquor licence extension until 4:00 a.m. for the The Social, 1100 Queen Street West, Parts & Labour, 1566 Queen Street West, and Czehoski Bar, 678 Queen Street West, during Canadian Music Week 2010 to be held from March 10, 2010 to March 13, 2010; and

2.          a liquor licence extension for Fionn MacCools, 310A Front Street West, for a St. Patrick's Day event to be held on March 17, 2010, from 11:00 a.m. to 3:00 a.m.

The Toronto and East 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 requests for:

1.         a liquor licence extension until 4:00 a.m. for the The Social, 1100 Queen Street West, Parts & Labour, 1566 Queen Street West, and Czehoski Bar, 678 Queen Street West, during Canadian Music Week 2010 to be held from March 10, 2010 to March 13, 2010; and

2.         a liquor licence extension for Fionn MacCools, 310A Front Street West, for a St. Patrick's Day event to be held on March 17, 2010, from 11:00 a.m. to 3:00 a.m.

The Toronto and East York Community Council, for liquor licensing purposes, declared the following to be events of municipal significance:

1.         The Great Lakes United Tall Ships Challenge 2010, to be held from June 30 through July 4, 2010, with the Festival to take place between Bathurst and Yonge Street, all along the waterfront, with programming to be held at both HTO Parks East and West, Queens Quay Terminal and The Westin, with ships all along the dock walls.

2.         The Toronto Alternative Arts and Fashion Week to be held from April 20 to 25, 2010, at Liberty Village, 1 Pardee Avenue, from 6:00 p.m. to 12:30 a.m.

Seeking endorsement of events of municipal significance for liquor licensing purposes.

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

1.         City Council approve the confidential recommendations from staff in Attachment 1 to the report dated January 8, 2010 from the City Solicitor respecting the OMB Hearing for 620 Avenue Road, 215-217 Lonsdale Road.

2.         City Council authorize the public release of the confidential instructions in Attachment 1 to the report (January 8, 2010) from the City Solicitor at the end of the Council meeting in the event they are adopted by Council.

The following instructions contained in Confidential Attachment 1 to the report (January 8, 2010) from the City Solicitor were adopted by City Council and are now public, together with all the Attachments to Confidential Attachment 1:

1.         City Council accept the Applicants' offer to settle (“Offer”) and support the modified appeals by the Applicants to permit a  proposed 19 storey residential development which is to include 44 rental housing units as described in Schedule A to Confidential Attachment 1.

2.         City Council support an amendment to the Former City of Toronto Official Plan for the 620 Avenue Road, 215-217 Lonsdale Road site (“Site”), located at the southwest corner of Avenue Road and Lonsdale Avenue, substantially in accordance with the draft Official Plan Amendment contained in Attachment 1 to Schedule A (to Confidential Attachment 1).

3.         City Council support an amendment to Zoning By-law No. 438-86, as amended, substantially in accordance with the draft Zoning By-law Amendment contained in Attachment 2 to Schedule A (to Confidential Attachment 1).

4.         City Council authorize the City Solicitor to make such stylistic, technical and other changes to the draft Official Plan Amendment and Zoning By-law Amendment as may be required and to take such action as may be necessary to implement the proposed settlement.

5.         City Council authorize the City Solicitor and appropriate staff to attend at the Ontario Municipal Board hearing in support of the Applicants’ appeals in accordance with Schedule A and to take such action as may be necessary to implement the proposed settlement.

The balance of Confidential Attachment 1 to the report (January 8, 2010) from the City Solicitor remains confidential, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

The Toronto and East York Community Council recommends that:

1.         City Council approve the confidential recommendations from staff in Attachment 1 to the report dated January 8, 2010 from the City Solicitor respecting the OMB Hearing for 620 Avenue Road, 215-217 Lonsdale Road.

2.         City Council authorize the public release of the confidential instructions in Attachment 1 at the end of the Council meeting in the event they are adopted by Council.

The City Solicitor submitted a confidential report to City Council at its meeting of November 30, 2009. City Council received the report and requested the City Solicitor to conduct further mediation with all parties to the hearing and to report further to Toronto and East York Community Council on the results of the mediation initiative.

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

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence application for the premises at 101 Portland Street, to operate under the name of “Gusto” (“Premises”) is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

2.         City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and to take all necessary actions so as to give effect to this motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.

The Toronto and East York Community Council recommends that:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence application for the premises at 101 Portland Street, to operate under the name of “Gusto” (“Premises”) is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

2.         City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and to take all necessary actions so as to give effect to this motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.

Gusto at 101 Inc. has submitted an application for a liquor licence to the Alcohol and Gaming Commission of Ontario (“AGCO”) on August 31^st, 2009  for the premises located at 101 Portland Street under the name of “Gusto” (“Premises”). The site is currently under construction as a new restaurant with a ground level outdoor patio as well as a rooftop patio. The applicant is seeking a liquor licence for a capacity of 95 for the main floor restaurant, 38 for the outside patio (west section) and 58 for the rooftop patio.

The Premises is located in the City’s downtown core amongst a concentrated mix of retail, restaurant, office, as well as residential uses. Area residents are concerned that the issuance of the liquor licence as requested will result in increased problems in the area related to noise, litter, safety and security, signage, lighting and other disturbances to residents living in the area, in particular as a result of the outdoor patios.

This application for a liquor licence is not in the public interest unless certain conditions which address the concerns of the community are attached to the licence, particularly with regard to the outdoor patios.

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

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence applications for the premises at 335 Queen Street West, to operate under the name of “Hotel on Queen” (“Premises”) is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

2.         City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and to take all necessary actions so as to give effect to this motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.

The Toronto and East York Community Council recommends that:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence applications for the premises at 335 Queen Street West, to operate under the name of “Hotel on Queen” (“Premises”) is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

2.         City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and to take all necessary actions so as to give effect to this motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.

Hotel on Queen Inc. submitted an application for a liquor licence to the Alcohol and Gaming Commission of Ontario (“AGCO”) on September 4^th 2009 for the premises located at 335 Queen Street West under the name of “Hotel on Queen” (“Premises”). The Premises is currently under construction as a new 19-room hotel with a licensed restaurant at grade and a rooftop patio. The applicant is seeking a liquor licence for a capacity of 70 for the main floor restaurant, 20 for the basement private dining room and 70 for the rooftop patio.

The Premises is located in the City’s downtown core amongst a concentrated mix of retail, restaurant, office as well as residential uses. Area residents are concerned that the issuance of the liquor licence as requested will result in increased problems in the area related to noise, safety, security personnel, security cameras, crowd control, signage, lighting, litter and other disturbances to residents living in the area, in particular as a result of the rooftop patio.

This application for a liquor licence is not in the public interest unless certain conditions which address the concerns of the community are attached to the licence, particularly with regard to the large rooftop patio. Under no circumstances should a liquor sales licence be granted which would permit liquor sales to the public, other than residents/guests of the hotel, on the outdoor patio.

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

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the continuation of the liquor licence issued to 1583381 Ontario Inc. operating as The Century Room (“Premises”), located at 580 King Street West (“Premises”), is not in the public interest having regard to the needs and wishes of the residents of the City.

2.         City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and to take all necessary actions so as to give effect to this motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, safety, security personnel, crowd control, noise and lighting.

The Toronto and East York Community Council recommends that:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the continuation of the liquor licence issued to 1583381 Ontario Inc. operating as The Century Room (“Premises”), located at 580 King Street West (“Premises”), is not in the public interest having regard to the needs and wishes of the residents of the City.

2.         City Council request the AGCO to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and to take all necessary actions so as to give effect to this motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, safety, security personnel, crowd control, noise and lighting.

On December 1, 2009, the Alcohol and Gaming Commission of Ontario (“AGCO”) issued

a Notice of Proposal (“NOP”) number 17610 to revoke the liquor licence issued to 1583381 Ontario Inc. (“Licensee”) operating as The Century Room (“Premises”), located at 580 King Street West. The NOP is based upon alleged violations by the Licensee of provisions of the Liquor Licence Act. In the early morning hours of June 21, 2009 three loaded guns were seized at the Premises. A hearing related to this NOP has not yet been scheduled but it is anticipated that it will be held in the first few months of 2010.

In addition to the above-noted disciplinary matter, the Premises has also been the subject of a large number of noise related complaints. Several sets of charges have been laid by the City's Municipal Licensing and Standards Division between 2007 - 2009, related to noise and other licensing infractions.

City Council should request the AGCO to add a public interest component to the discipline hearing, which will take place in the near future. The Premises are located in the City’s entertainment district which has a large concentration of night clubs. There should be little tolerance for violence such as the presence of guns at a nightclub in the entertainment district. The safety of the public should not be compromised. The City would not be added as a party to a disciplinary hearing but the City could be a party to a public interest hearing if there is a Notice of Proposal issued by the Registrar for such a hearing and if the City is granted party status by the AGCO.

The continuation of the liquor licence for these Premises is not in the public interest having

regard to the needs and wishes of the residents and the City should be involved in the revocation hearing.

City staff would seek the revocation of the liquor licence for the Premises or, in the alternative, would request conditions to be attached to the licence which would help ensure the safety of the patrons and employees of the Premises as well as the public. 

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

1.         City Council include the property at 7 Austin Terrace (John B. Maclean House) on the City of Toronto Inventory of Heritage Properties.

2.         City Council state its intention to designate the property at 7 Austin Terrace (John B. Maclean House) 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.

5.         If the proposed designation is referred to the Conservation Review Board, the City Solicitor and any other necessary Staff be authorized to attend any hearing held by the Conservation Review Board in support of Council’s decision on the proposed designation of the property.

The Toronto and East York Community Council submits this matter to City Council without recommendation.

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

1.         City Council permanently close the public lane, shown as Part 1 on the attached Sketch No. PS-2008-164 (the “Lane”), subject to compliance with the requirements of the City of Toronto Municipal Code Chapter 162.

2.         City Council direct Transportation Services staff to give notice to the public of a proposed by-law to close the Lane in accordance with the requirements of City of Toronto Municipal Code, Chapter 162, and that the Toronto and East York Community Council at its meeting on February 9, 2010, hear from any member of the public who wishes to speak to the matter during consideration of the proposed by-law.

3.         City Council direct Transportation Services staff to advise the public of the proposed closure of the Lane prior to implementation, in accordance with the requirements of the Municipal Class Environmental Assessment for Schedule “A+” activities, by posting notice of the proposed closure on the notices page of the City’s Web site for at least five working days prior to the Toronto and East York Community Council meeting to be held on February 9, 2010, at which the proposed by-law to close the Lane will be considered.

4.         City Council accept an Offer to Purchase from Joyonge Developments Corporation (the “Purchaser”) to purchase the Lane in the amount of $211,000.00, substantially on the terms and conditions outlined in Appendix “A” to this report.

5.         City Council grant authority to direct a portion of the proceeds of closing to fund the outstanding expenses related to the Lane and the completion of the sale transaction.

6.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including making payment of any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

The Toronto and East York Community Council recommends that:

1.         City Council permanently close the public lane, shown as Part 1 on the attached Sketch No. PS-2008-164 (the “Lane”), subject to compliance with the requirements of the City of Toronto Municipal Code Chapter 162.

2.         City Council direct Transportation Services staff to give notice to the public of a proposed by-law to close the Lane in accordance with the requirements of City of Toronto Municipal Code, Chapter 162, and that the Toronto and East York Community Council at its meeting on February 9, 2010, hear from any member of the public who wishes to speak to the matter during consideration of the proposed by-law.

3.         City Council direct Transportation Services staff to advise the public of the proposed closure of the Lane prior to implementation, in accordance with the requirements of the Municipal Class Environmental Assessment for Schedule “A+” activities, by posting notice of the proposed closure on the notices page of the City’s Web site for at least five working days prior to the Toronto and East York Community Council meeting to be held on February 9, 2010, at which the proposed by-law to close the Lane will be considered.

4.         City Council accepts an Offer to Purchase from Joyonge Developments Corporation (the “Purchaser”) to purchase the Lane in the amount of $211,000.00, substantially on the terms and conditions outlined in Appendix “A” to this report.

5.         City Council grant authority to direct a portion of the proceeds of closing to fund the outstanding expenses related to the Lane and the completion of the sale transaction.

6.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including making payment of any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

The General Manager, Transportation Services and the Chief Corporate Officer request that the public lane at the rear of 616 and 618 Yonge Street be permanently closed, and that the City enter into an Agreement of Purchase and Sale with the adjoining land owner, Joyonge Developments Corporation, for the sale of the public lane substantially on the terms and conditions outlined in Appendix “A” to this report.

The terms for completing the transaction, as set out herein, are considered to be fair, reasonable and reflective of market value.