City Council on February 22 and 23, 2010, adopted the following:

1.         City Council enact the draft by-law from the City Solicitor to permanently close the public lane extending southerly from St. Joseph Street at the rear of 616 to 618 Yonge Street, shown as Part 1 on Draft Reference Plan prepared by R. Avis Surveying Inc. and marked as Drawing No. 2584-OR.DWG.

The Toronto and East York Community Council recommends that:

1.         City Council enact the draft by-law from the City Solicitor to permanently close the public lane extending southerly from St. Joseph Street at the rear of 616 to 618 Yonge Street, shown as Part 1 on Draft Reference Plan prepared by R. Avis Surveying Inc. and marked as Drawing No. 2584-OR.DWG.

To enact a By-law to permanently close the public lane extending southerly from St. Joseph Street at the rear of 616 to 618 Yonge Street, shown as Part 1 on Draft Reference Plan prepared by R. Avis Surveying Inc. and marked as Drawing No. 2584-OR.DWG as a public lane and be sold upon the terms and conditions set out in Toronto and East York Community Council Item TE30.97, as adopted by City Council at its meeting held on January 26 and 27, 2010.

City Council on February 22 and 23, 2010, adopted the following:

A.        City Council enact the draft-law from the City Solicitor to permanently close portions of Bonnycastle Street and Lake Shore Boulevard East as public highways:

1.         The portion of Bonnycastle Street, described as follows:

                         Part of PIN 21384-0081 (LT)

Being Part of Princess Street Plan 666E Toronto (AKA Bonnycastle Street);  Between Lake Shore Boulevard and Queens Quay, Toronto, designated as Part 2 on Plan 66R-24664, City of Toronto Land Titles Division of the Toronto Registry Office (No. 66).

2.         The portion of Lake Shore Boulevard East, described as follows:

                         Part of PIN 21092-0256 (LT)

Being Part of Lot 12 Plan 694E Toronto

Known as Lake Shore Blvd East; Between Parliament Street and Lower Sherbourne Street, City of Toronto designated as Part 1 on Plan 66R-24664, City of Toronto Land Titles Division of the Toronto Registry Office (No. 66),

and that Sections 1. and 2. of this By-law not take effect until the moment in time immediately prior to the registration in the appropriate land registry office of a Transfer, by the City of Toronto as transferor, of the lands described in Sections 1. and 2. of this By-law.

The Toronto and East York Community Council recommends that:

A.        City Council enact the draft-law from the City Solicitor to permanently close portions of Bonnycastle Street and Lake Shore Boulevard East as public highways:

1.         The portion of Bonnycastle Street, described as follows:

                        Part of PIN 21384-0081 (LT)

Being Part of Princess Street Plan 666E Toronto (AKA Bonnycastle Street);  Between Lake Shore Boulevard and Queens Quay, Toronto, designated as Part 2 on Plan 66R-24664, City of Toronto Land Titles Division of the Toronto Registry Office (No. 66).

2.         The portion of Lake Shore Boulevard East, described as follows:

                        Part of PIN 21092-0256 (LT)

Being Part of Lot 12 Plan 694E Toronto

Known as Lake Shore Blvd East; Between Parliament Street and Lower Sherbourne Street, City of Toronto designated as Part 1 on Plan 66R-24664, City of Toronto Land Titles Division of the Toronto Registry Office (No. 66),

and that Sections 1. and 2. of this By-law not take effect until the moment in time immediately prior to the registration in the appropriate land registry office of a Transfer, by the City of Toronto as transferor, of the lands described in Sections 1. and 2. of this By-law.

The Toronto and East York Community Council held a public meeting on February 9, 2010, and notice was given in accordance with the City of Toronto Act, 2006, of the proposed enactment of the draft by-law and was posted on the City's web site.  No one appeared before the Community Council.

To enact a By-law to permanently close a portion of Bonnycastle Street and a portion of Lake Shore Boulevard East as public highways and be sold upon the terms and conditions set out in Executive Committee Item EX36.12, as adopted by City Council at its meeting held on November 30, December 1, 2, 3, 4, and 8, 2009.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council amend the Zoning By-law for the lands at 295 Adelaide Street West and 100‑104 John Street substantially in accordance with the draft Zoning By-law Amendment provided in Attachment 1 of the report dated February 4, 2010, from the Director, Community Planning, Toronto and East York District.

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

3.         Prior to the introduction of Bills, City Council require that the applicant’s Functional Servicing Report and Transportation Impact Study shall be revised to the satisfaction of the Executive Director of Technical Services.

4.         Prior to the introduction of Bills, City Council authorize the introduction of the necessary Bill authorizing the entering into a Heritage Easement Agreement for the relocation of 104 John Street.

5.         Prior to the introduction of Bills, City Council require the applicant to submit a Conservation and Rehabilitation Plan for the relocation and restoration of the heritage building at 104 John Street, prepared by a qualified heritage consultant, to the satisfaction and acceptance of the Manager, Heritage Preservation Services.  The Conservation and Rehabilitation Plan must include the following items: (1) “blow-up” elevations and sections of the heritage property; (2) existing conditions assessment; and (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.

6.         Prior to the introduction of Bills, City Council authorize the appropriate City officials and require the owner to execute an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning Division, and the City Solicitor, such agreement to be registered on title to the lands in a manner satisfactory to the City Solicitor, to secure the following facilities, services and matters:

a.         An indexed cash contribution of $1,300,000.00, of which 10% will be allocated to affordable housing in Ward 20, and the remainder for the provision of one or more of the following:

-            streetscape improvements on John Street;

-           design development supporting the John Street streetscape project; and

-           Heritage Conservation District Studies in the King Spadina East Precinct subject to the appropriate Official Plan Amendment coming into force and effect.

$100,000 of the above cash contribution is to be provided at the enactment of Bills, for the purpose of contributing to design development for the John Street streetscape or one or more Heritage Conservation District studies within the East Precinct of King-Spadina, subject to the appropriate Official Plan Amendment coming into force and effect; $500,000 (indexed) to be provided prior to the issuance of an above-grade building permit; and the remaining $700,000 (indexed) is to be provided prior to the release of the condominium for registration.

b.         A public art contribution in accordance with the Percent for Public Art Program for a value not less than one percent of the gross construction cost.

c.         The provision of a publicly accessible landscaped open space on the John Street frontage of the site, with a minimum size of 335 sq. m.

d.         In substantial accordance with the Conservation Plan prepared by Goldsmith Borgal & Company Ltd. Architects, dated June 17, 2009, and on file with the Manager, Heritage Preservation Services, the owner shall relocate and restore the heritage building at 104 John Street, and in the event of a lesser expenditure than identified in the Conservation Plan, the difference shall be re-directed to Heritage Conservation District studies within the King-Spadina East Precinct.

e.         Prior to Site Plan Approval, the applicant shall provide additional information, based on the proposed Conservation Plan drawings to include documentation substantially in accordance with that outlined in Section 3.2.1 Option A (page 12) of the submitted Conservation Plan, specifically:

i.           a detailed plan to outline mitigation measures that address construction impacts relative to the on-site heritage structures;

ii.          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

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

f.          Prior to the issuance of any building permit, including for demolition, excavation, shoring, foundation or above grade, the owner shall:

i.           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;

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

g.         Prior to the release of the Letter of Credit, the owner shall provide evidence and documentation that the project scheme has been implemented, per the approved Conservation Plan, satisfactory to the Manager, Heritage Preservation Services.

h.         Prior to Site Plan Approval, provide a program of commemoration/ interpretation of archaeological findings within the context of the site's development, to the satisfaction of the Manager, Heritage Preservation Services.

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

i.          A minimum of ten percent (10%) of the residential units in the building will have at least three bedrooms, or be convertible to three or more bedrooms.

j.          Architectural plans, elevations and landscape drawings will be secured to the satisfaction of the Chief Planner and Executive Director, City Planning Division in conjunction with the Site Plan Application, and the owner will be required to submit 1:50 scale elevation drawings for the podium illustrating materials and finishes to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

k.         The owner shall incorporate in the construction of the building, and thereafter maintain exterior building and landscape materials to the satisfaction of the Chief Planner and Executive Director.

l.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist on file with the Chief Planner and Executive Director of City Planning Division, received May 4, 2009.

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

n.         The implementation of any wind mitigation measures required by the applicant’s wind study, satisfactory to the Chief Planner and Executive Director, City Planning Division, to be submitted as part of a revised application for Site Plan Approval.

o.         Provide and maintain an irrigation system, at the applicant’s expense, for proposed trees within the public road allowances including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer to the satisfaction of the Executive Director, Technical Services Division, and requirement to maintain in good order and operation.

7.         City Council authorize the appropriate City officials to complete the process to stop up and close the public laneway at the north end of the site.

8.           Prior to the issuance of any below grade permits, including excavation and shoring, the applicant confirm that all archaeological licensing and technical review requirements have been completed to the satisfaction of the City's Planning Division (Heritage Preservation Services Unit) and the Ministry of Culture (Heritage Operations Unit).

The Toronto and East York Community Council recommends that:

1.         City Council amend the Zoning By-law for the lands at 295 Adelaide Street West and 100-104 John Street substantially in accordance with the draft Zoning By-law Amendment provided in Attachment 1 of the report dated February 4, 2010, from the Director, Community Planning, Toronto and East York District.

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

3.         Prior to the introduction of Bills, City Council require that the applicant’s Functional Servicing Report and Transportation Impact Study shall be revised to the satisfaction of the Executive Director of Technical Services.

4.         Prior to the introduction of Bills, City Council authorize the introduction of the necessary Bill authorizing the entering into a Heritage Easement Agreement for the relocation of 104 John Street.

5.         Prior to the introduction of Bills, City Council require the applicant to submit a Conservation and Rehabilitation Plan for the relocation and restoration of the heritage building at 104 John Street, prepared by a qualified heritage consultant, to the satisfaction and acceptance of the Manager, Heritage Preservation Services.  The Conservation and Rehabilitation Plan must include the following items: (1) “blow-up” elevations and sections of the heritage property; (2) existing conditions assessment; and (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.

6.         Prior to the introduction of Bills, City Council authorize the appropriate City officials and require the owner to execute an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning Division, and the City Solicitor, such agreement to be registered on title to the lands in a manner satisfactory to the City Solicitor, to secure the following facilities, services and matters:

a.         An indexed cash contribution of $1,300,000.00, of which 10% will be allocated to affordable housing in Ward 20, and the remainder for the provision of one or more of the following:

-           streetscape improvements on John Street;

-           design development supporting the John Street streetscape project; and

-           Heritage Conservation District Studies in the King Spadina East Precinct subject to the appropriate Official Plan Amendment coming into force and effect.

$100,000 of the above cash contribution is to be provided at the enactment of Bills, for the purpose of contributing to design development for the John Street streetscape or one or more Heritage Conservation District studies within the East Precinct of King-Spadina, subject to the appropriate Official Plan Amendment coming into force and effect; $500,000 (indexed) to be provided prior to the issuance of an above-grade building permit; and the remaining $700,000 (indexed) is to be provided prior to the release of the condominium for registration.

b.         A public art contribution in accordance with the Percent for Public Art Program for a value not less than one percent of the gross construction cost.

c.         The provision of a publicly accessible landscaped open space on the John Street frontage of the site, with a minimum size of 335 sq. m.

d.         In substantial accordance with the Conservation Plan prepared by Goldsmith Borgal & Company Ltd. Architects, dated June 17, 2009, and on file with the Manager, Heritage Preservation Services, the owner shall relocate and restore the heritage building at 104 John Street, and in the event of a lesser expenditure than identified in the Conservation Plan, the difference shall be re-directed to Heritage Conservation District studies within the King-Spadina East Precinct.

e.         Prior to Site Plan Approval, the applicant shall provide additional information, based on the proposed Conservation Plan drawings to include documentation substantially in accordance with that outlined in Section 3.2.1 Option A (page 12) of the submitted Conservation Plan, specifically:

i.          a detailed plan to outline mitigation measures that address construction impacts relative to the on-site heritage structures;

ii.         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

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

f.          Prior to the issuance of any building permit, including for demolition, excavation, shoring, foundation or above grade, the owner shall:

i.          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;

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

g.         Prior to the release of the Letter of Credit, the owner shall provide evidence and documentation that the project scheme has been implemented, per the approved Conservation Plan, satisfactory to the Manager, Heritage Preservation Services.

h.         Prior to Site Plan Approval, provide a program of commemoration/ interpretation of archaeological findings within the context of the site's development, to the satisfaction of the Manager, Heritage Preservation Services.

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

i.          A minimum of ten percent (10%) of the residential units in the building will have at least three bedrooms, or be convertible to three or more bedrooms.

j.          Architectural plans, elevations and landscape drawings will be secured to the satisfaction of the Chief Planner and Executive Director, City Planning Division in conjunction with the Site Plan Application, and the owner will be required to submit 1:50 scale elevation drawings for the podium illustrating materials and finishes to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

k.         The owner shall incorporate in the construction of the building, and thereafter maintain exterior building and landscape materials to the satisfaction of the Chief Planner and Executive Director.

l.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist on file with the Chief Planner and Executive Director of City Planning Division, received May 4, 2009.

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

n.         The implementation of any wind mitigation measures required by the applicant’s wind study, satisfactory to the Chief Planner and Executive Director, City Planning Division, to be submitted as part of a revised application for Site Plan Approval.

o.         Provide and maintain an irrigation system, at the applicant’s expense, for proposed trees within the public road allowances including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer to the satisfaction of the Executive Director, Technical Services Division, and requirement to maintain in good order and operation.

7.         City Council authorize the appropriate City officials to complete the process to stop up and close the public laneway at the north end of the site.

8.         Prior to the issuance of any below grade permits, including excavation and shoring, the applicant confirm that all archaeological licensing and technical review requirements have been completed to the satisfaction of the City's Planning Division (Heritage Preservation Services Unit) and the Ministry of Culture (Heritage Operations Unit).

The January 15, 2010 report, “295 Adelaide Street West and 100-104 John Street - Zoning By-law Amendment Application - Final Report”, recommends approval for a 43-storey mixed use building at 295 Adelaide Street West and 100-104 John Street.  At the time of report preparation, the Section 37 contribution details were still under discussion between the applicant, staff and the Councillor.  The details have now been resolved.  This supplementary report provides revised recommendations as a result of concluding the negotiations with the applicant.  It also includes the Draft Zoning By-law for the development in Attachment 1.

City Council on February 22 and 23, 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 to the Supplementary Report dated February 8, 2010 from the Director, Community Planning, Toronto and East York District, as Attachment No. 1.

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

3.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an agreement under Section 37 of the Planning Act to secure the following:

a.         A payment of $500,000.00, when the site-specific by-law allowing the development comes into full force and effect, and indexed to the non-residential Construction Price Index for Toronto, for the period from the coming into force of the By-law to the date of payment.

b.         Provision and maintenance of works of public art in publicly accessible portions of the site, or on lands owned by the City in the vicinity, of a value not less than one percent of the cost of construction of all buildings and structures erected on the site.

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

c.         At the sole discretion of the City's Chief Planner and Executive Director, City Planning Division, in consultation with the City's Executive Director, Technical Services, for which the owner shall obtain approval in writing from the Chief Planner prior to the issuance of any site plan approval for any portion of the lot pursuant to Section 114 of the City of Toronto Act, 2006, either:

i.          maintenance of the existing below grade, publicly accessible pedestrian connection beneath Cumberland Street to the concourse level of the building permitted by this By-law together with the construction, provision and maintenance of a publicly accessible concourse-level corridor between such connection and the "Bay" Toronto Transit Commission subway station; or

ii.         construction, provision and maintenance of a new north-south corridor commencing at the concourse-level connection to the "Bay" Toronto Transit Commission subway station within the building permitted by this By-law and terminating at or near the north-west corner of the lot, together with the construction at the end of the terminus of such corridor of a "knock-out" panel allowing for a simplified connection to a future underground tunnel that may be constructed to connect other lands located further north on Bay Street; or

iii.         such other alternative connection as the owner and the Chief Planner may agree upon in writing, with any such required corridors, connections and "knock-out panel" to be completed prior to the first occupancy of any building erected on the lot subsequent to the enactment of this by‑law.  For the sake of clarity, in the event the owner and the Chief Planner cannot agree on an alternative option as provided in clause iii. herein, the owner shall provide either the option in paragraph i. or ii. as determined in the sole discretion of the Chief Planner.

The owner shall provide a letter of credit to the City prior to the issuance of the first above grade building permit for any portion of the lot in an amount sufficient to secure these requirements, to the satisfaction of the Chief Planner in consultation with the Chief Building Official.

d.         Provision and maintenance of a continuous publicly accessible pedestrian connection from Bay Street, at grade, to the concourse level of the proposed building and connecting to the TTC subway station entrance access below Bay Street.

e.         Construction, provision and maintenance of a continuous publicly accessible pedestrian connection from Cumberland Street, at grade, to the concourse level of the existing building on Parcel B and connecting to the below-grade pedestrian connection located below Yonge Street leading to the "Bloor" Toronto Transit Commission subway station.

             f.         Streetscape improvements adjacent to the site.

g.         Approval of architectural plans, elevations and landscape drawings to the satisfaction of the Chief Planner and Executive Director, City Planning Division in conjunction with the Site Plan Application, and submission of 1:50 scale elevation drawings for the podium illustrating materials and finishes to be approved pursuant to Section 114 of the City of Toronto Act, 2006.

h.         Provision and maintenance of an irrigation system, at the applicant’s expense, for proposed trees within the public road allowances including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer to the satisfaction of the Executive Director, Technical Services Division, and requirement to maintain in good order and operation.

i.          The provision and maintenance of required wind mitigation measures, as identified in a wind tunnel analysis report submitted by the owner to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the incorporation of such measures into the plans and drawings to be approved pursuant to Section 114 of the City of Toronto Act, 2006.

j.          Preparation of a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Executive Director, Technical Services.

k.         Payment of costs associated with the proposed conversion of Cumberland Street to two-way operation, from Bay Street up to the site access driveway, including all costs associated with the functional pavement marking and signing plan as may be approved by the City through site plan approval.

l.          If, prior to the issuance of site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, for the lot or any portion thereof, City Council does not authorize the conversion of the portion of Cumberland Street adjacent to the vehicular access driveway proposed on Parcel A from one-way to two-way operation, the owner shall, prior to the issuance of site plan approval and prior to any building permit issuing for any portion of the lot, seek approval for the reconfiguration of the ground floor plan and parking garage of the proposed development so as to relocate the vehicular ingress/egress, or for the implementation of another suitable alternative access scheme, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Executive Director, Technical Services.

4.         City Council authorize City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above-noted recommendations.

5.         City Council determine that no further notice is required under the Planning Act with respect to this matter.

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 to the Supplementary Report dated February 8, 2010 from the Director, Community Planning, Toronto and East York District, as Attachment No. 1.

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

3.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an agreement under Section 37 of the Planning Act to secure the following:

a.         A payment of $500,000.00, when the site-specific by-law allowing the development comes into full force and effect, and indexed to the non-residential Construction Price Index for Toronto, for the period from the coming into force of the By-law to the date of payment.

b.         Provision and maintenance of works of public art in publicly accessible portions of the site, or on lands owned by the City in the vicinity, of a value not less than one percent of the cost of construction of all buildings and structures erected on the site.

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

c.         At the sole discretion of the City's Chief Planner and Executive Director, City Planning Division, in consultation with the City's Executive Director, Technical Services, for which the owner shall obtain approval in writing from the Chief Planner prior to the issuance of any site plan approval for any portion of the lot pursuant to Section 114 of the City of Toronto Act, 2006, either:

i.          maintenance of the existing below grade, publicly accessible pedestrian connection beneath Cumberland Street to the concourse level of the building permitted by this By-law together with the construction, provision and maintenance of a publicly accessible concourse-level corridor between such connection and the "Bay" Toronto Transit Commission subway station; or

ii.         construction, provision and maintenance of a new north-south corridor commencing at the concourse-level connection to the "Bay" Toronto Transit Commission subway station within the building permitted by this By-law and terminating at or near the north-west corner of the lot, together with the construction at the end of the terminus of such corridor of a "knock-out" panel allowing for a simplified connection to a future underground tunnel that may be constructed to connect other lands located further north on Bay Street; or

iii.        such other alternative connection as the owner and the Chief Planner may agree upon in writing, with any such required corridors, connections and "knock-out panel" to be completed prior to the first occupancy of any building erected on the lot subsequent to the enactment of this by-law.  For the sake of clarity, in the event the owner and the Chief Planner cannot agree on an alternative option as provided in clause iii. herein, the owner shall provide either the option in paragraph i. or ii. as determined in the sole discretion of the Chief Planner.

The owner shall provide a letter of credit to the City prior to the issuance of the first above grade building permit for any portion of the lot in an amount sufficient to secure these requirements, to the satisfaction of the Chief Planner in consultation with the Chief Building Official.

d.         Provision and maintenance of a continuous publicly accessible pedestrian connection from Bay Street, at grade, to the concourse level of the proposed building and connecting to the TTC subway station entrance access below Bay Street.

e.         Construction, provision and maintenance of a continuous publicly accessible pedestrian connection from Cumberland Street, at grade, to the concourse level of the existing building on Parcel B and connecting to the below-grade pedestrian connection located below Yonge Street leading to the "Bloor" Toronto Transit Commission subway station.

             f.         Streetscape improvements adjacent to the site.

g.         Approval of architectural plans, elevations and landscape drawings to the satisfaction of the Chief Planner and Executive Director, City Planning Division in conjunction with the Site Plan Application, and submission of 1:50 scale elevation drawings for the podium illustrating materials and finishes to be approved pursuant to Section 114 of the City of Toronto Act, 2006.

h.         Provision and maintenance of an irrigation system, at the applicant’s expense, for proposed trees within the public road allowances including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer to the satisfaction of the Executive Director, Technical Services Division, and requirement to maintain in good order and operation.

i.          The provision and maintenance of required wind mitigation measures, as identified in a wind tunnel analysis report submitted by the owner to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the incorporation of such measures into the plans and drawings to be approved pursuant to Section 114 of the City of Toronto Act, 2006.

j.          Preparation of a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Executive Director, Technical Services.

k.         Payment of costs associated with the proposed conversion of Cumberland Street to two-way operation, from Bay Street up to the site access driveway, including all costs associated with the functional pavement marking and signing plan as may be approved by the City through site plan approval.

l.          If, prior to the issuance of site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, for the lot or any portion thereof, City Council does not authorize the conversion of the portion of Cumberland Street adjacent to the vehicular access driveway proposed on Parcel A from one-way to two-way operation, the owner shall, prior to the issuance of site plan approval and prior to any building permit issuing for any portion of the lot, seek approval for the reconfiguration of the ground floor plan and parking garage of the proposed development so as to relocate the vehicular ingress/egress, or for the implementation of another suitable alternative access scheme, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Executive Director, Technical Services.

4.         City Council authorize City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above-noted recommendations.

5.         City Council determine that no further notice is required under the Planning Act with respect to this matter.

This application was made on June 27, 2008 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to redevelop the site of the existing 2-storey retail structure at 2 Bloor Street West with a mixed-use development comprising: a 7-storey podium building containing commercial, residential and parking uses, with rooftop villa units above the 7th floor at Bay Street; a 48-storey residential tower fronting onto Cumberland Street and a 36-storey residential tower at Yonge Street.

The proposal represents an opportunity to intensify and revitalize an underutilized site at an important intersection and improve the pedestrian realm along Bay, Cumberland and Yonge Streets.

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

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council authorize Draft Approval of the Plan of Condominium (05 112260 STE 27 CD) for 55 Charles Street West, prepared by R. Avis, OLS on September 10, 2004, revised, and date stamped by City Planning on July 8, 2008, subject to the conditions set forth in Attachment 3 to the report dated January 14, 2010, from the Director, Community Planning, Toronto and East York District, and authorize the Chief Planner and Executive Director to permit such red line revisions as he/she may deem appropriate.

2.         City Council require the owner to fulfil the conditions of Draft Approval of Condominium set forth in Attachment 3 to the report dated January 14, 2010, from the Director, Community Planning, Toronto and East York District, including the execution and satisfactory registration of any agreements deemed necessary by the City Solicitor, prior to the City’s consent for final registration and authorize the City Solicitor to prepare any necessary agreements to secure the conditions, as the City Solicitor deems necessary.

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the Conditions of Draft Approval of Condominium as may be required.

4.         City Council authorize and direct City Officials to take necessary actions to give effect thereto.

The Toronto and East York Community Council recommends that:

1.         City Council authorize Draft Approval of the Plan of Condominium (05 112260 STE 27 CD) for 55 Charles Street West, prepared by R. Avis, OLS on September 10, 2004, revised, and date stamped by City Planning on July 8, 2008, subject to the conditions set forth in Attachment 3 to the report dated January 14, 2010, from the Director, Community Planning, Toronto and East York District, and authorize the Chief Planner and Executive Director to permit such red line revisions as he/she may deem appropriate.

2.         City Council require the owner to fulfil the conditions of Draft Approval of Condominium set forth in Attachment 3 to the report dated January 14, 2010, from the Director, Community Planning, Toronto and East York District, including the execution and satisfactory registration of any agreements deemed necessary by the City Solicitor, prior to the City’s consent for final registration and authorize the City Solicitor to prepare any necessary agreements to secure the conditions, as the City Solicitor deems necessary.

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the Conditions of Draft Approval of Condominium as may be required.

4.         City Council authorize and direct City Officials to take necessary actions to give effect thereto.

An application has been submitted to permit the conversion of a 32-storey, 148 unit rental apartment building into a residential condominium building at 55 Charles Street West.

A Draft Plan of Condominium application (05 112260 STE 27 CD) has been made to create a 149 unit residential condominium by converting the existing 148 apartment units to condominium and constructing an additional residential condominium unit within the existing structure.   

This report reviews and recommends the approval of the application to permit the conversion and authorizes the Chief Planner and Executive Director to approve the Draft Plan of Condominium subject to specific conditions.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council amend Zoning By-law 438-86 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report dated January 14, 2010, from the Director, Community Planning, Toronto and East York District, headed "Part of 769 Broadview Avenue - Rezoning Application - Final Report."

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 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report dated January 14, 2010, from the Director, Community Planning, Toronto and East York District, headed "Part of 769 Broadview Avenue - Rezoning Application - Final Report."

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.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council approve the application to demolish the subject residential building(s), part of 620 Dundas Street East (251 Sackville Street), 213-235 Sackville Green, 563‑583 Dundas Street East, and part of 591 Dundas Street East, with the following conditions, notwithstanding that there is no building permit for replacement buildings on the sites:

a.         the removal, handling and disposal of all hazardous materials including but not limited to asbestos, lead, silica, mercury, and polychlorinated biphenyls shall be conducted in accordance with the Ministry of the Environment and the Ministry of Labour regulations and guidelines;

b.         the owner shall ensure the implementation of the demolition and excavation dust control measures approved by the Medical Officer of Health;

c.         the owner shall submit any further required information for the review and approval of the Medical Officer of Health and the Chief Building Official, as may be required, prior to the issuance of the demolition permit;

d.         prior to initiating any demolition activities, the owner shall notify Toronto Public Health (416-338-8062) of the date the demolition is scheduled to commence;

e.         all debris and rubble shall be removed from the site immediately after demolition;

f.          any holes on the property shall be back-filled with clean fill; and

g.         the owner shall not commence demolition related activities if it will impact privately owned trees protected under Municipal Code, Chapter 813, Trees, Article III unless the trees have been authorized for removal or tree protection measures have been put in place in accordance with the City of Toronto’s “Tree Protection Policy and Specifications for Construction Near Trees.”

The Toronto and East York Community Council recommends that:

1.         City Council approve the application to demolish the subject residential building(s), part of 620 Dundas Street East (251 Sackville Street), 213-235 Sackville Green, 563-583 Dundas Street East, and part of 591 Dundas Street East, with the following conditions, notwithstanding that there is no building permit for replacement buildings on the sites:

a.         the removal, handling and disposal of all hazardous materials including but not limited to asbestos, lead, silica, mercury, and polychlorinated biphenyls shall be conducted in accordance with the Ministry of the Environment and the Ministry of Labour regulations and guidelines;

b.         the owner shall ensure the implementation of the demolition and excavation dust control measures approved by the Medical Officer of Health;

c.         the owner shall submit any further required information for the review and approval of the Medical Officer of Health and the Chief Building Official, as may be required, prior to the issuance of the demolition permit;

d.         prior to initiating any demolition activities, the owner shall notify Toronto Public Health (416-338-8062) of the date the demolition is scheduled to commence;

e.         all debris and rubble shall be removed from the site immediately after demolition;

f.          any holes on the property shall be back-filled with clean fill; and

g.         the owner shall not commence demolition related activities if it will impact privately owned trees protected under Municipal Code, Chapter 813, Trees, Article III unless the trees have been authorized for removal or tree protection measures have been put in place in accordance with the City of Toronto’s “Tree Protection Policy and Specifications for Construction Near Trees.”

This application is to demolish 71 rental residential units within the Regent Park redevelopment area.  As part of the Council approved revitalization of Regent Park all of the existing social housing units to be demolished will be replaced and tenants are to receive assistance with relocation.

This report is before Community Council, in accordance with City-wide residential demolition control under Article II, Demolition Control, of Municipal Code CH. 363, as amended by By-law 1009-2006, enacted by City Council on September 27, 2006, under the authority of Section 33 of the Planning Act.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council adopt the revised Reasons for Designation for the properties at 395-405 Huron Street (Campus Co-op) as set out in Attachment No. 4A of the report dated October 28, 2009, from the Director, Policy and Research, City Planning Division.

2.         City Council adopt the revised Reasons for Designation for the property at 80 bpNichol Lane (Coach House Books) as set out in Attachment No. 4B of the report dated October 28, 2009, from the Director, Policy and Research, City Planning Division.

3.         Upon receipt of the University of Toronto’s withdrawal of its notices of objection to the proposed designations of the properties at 305-405 Huron Street and 80 bpNichol Lane, City Council authorize the City Solicitor to introduce the bills in Council with the amended Reasons for Designation as set out in Attachments Nos. 4A and 4B, designating the properties 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 for the properties at 395-405 Huron Street (Campus Co-op) as set out in Attachment No. 4A of the report dated October 28, 2009, from the Director, Policy and Research, City Planning Division.

2.         City Council adopt the revised Reasons for Designation for the property at 80 bpNichol Lane (Coach House Books) as set out in Attachment No. 4B of the report dated October 28, 2009, from the Director, Policy and Research, City Planning Division.

3.         Upon receipt of the University of Toronto’s withdrawal of its notices of objection to the proposed designations of the properties at 305-405 Huron Street and 80 bpNichol Lane, City Council authorize the City Solicitor to introduce the bills in Council with the amended Reasons for Designation as set out in Attachments Nos. 4A and 4B, designating the properties under Part IV, Section 29 of the Ontario Heritage Act.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council adopt the Revised Reasons for Designation as set out in Attachment 4 of the report dated January 8, 2010, from the Director, Policy and Research, City Planning Division.

2.         Upon receipt of the owners’ withdrawal of their 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 4 of the report dated January 8, 2010, from the Director, Policy and Research, City Planning Division, 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 4 of the report dated January 8, 2010, from the Director, Policy and Research, City Planning Division.

2.         Upon receipt of the owners’ withdrawal of their 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 4 of the report dated January 8, 2010, from the Director, Policy and Research, City Planning Division, 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 properties at 414-418 Church Street (Stephen Murphy Houses and Store) as adopted by Council at its meeting of April 25-27, 2006, and that Council pass the by-law designating the properties at 414-418 Church Street under Part IV, Section 29 of the Ontario Heritage Act.

Following its meeting of April 25-27, 2006, City Council served notice of its intention to designate the properties at 414-418 Church Street under Part IV, Section 29 of the Ontario Heritage Act.  On June 29, 2006, the property owners’ representative submitted an objection to the notice of intention to designate and the matter was referred to the Conservation Review Board.  The property owners have agreed to withdraw their 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 January 21, 2010, considered the report (January 8, 2010) from the Director, Policy and Research, City Planning Division, respecting 414-418 Church Street - Amendment of Reasons for Designation and Passage of Designating By-law under Part IV, Section 29 of the Ontario Heritage Act.

City Council on February 22 and 23, 2010, was advised that Item TE31.49 had been submitted to Council in error.  The authority to approve this Item falls under authority delegated to Community Councils and is outside Council’s jurisdiction.  This Item was subsequently withdrawn.

The Toronto and East York Community Council recommends that:

1.         City Council approve the requested variance to permit, for identification purposes, replacement of an existing illuminated pedestal sign with a newly designed pedestal sign containing an electronic message and animated display copy along the Bay Street frontage of the property at 333 Bay Street and require that:

i.          energy efficient lights be used; and

ii.         the sign be set back a minimum of  0.15 m from the west property line.

2.         City Council direct the City Clerk's Office to advise the applicant:

a.         upon approval of a variance, of the requirement to obtain the necessary sign permits from the Chief Building Official; and

b.         that the sign permit application related to this approval, be filed with the Toronto Building Division prior to April 6, 2010.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council permanently close the portion of the public lane shown as Part 1 on the attached Sketch No. PS-2009-091 (the “Lane”), subject to:

a.         easement interests for the easements required by Bell Canada and Rogers Cable being declared surplus in accordance with City of Toronto Municipal Code Chapter 213 and authority having been granted to convey the easements to Bell Canada and Rogers Cable in and over the closed Lane for nominal consideration; and

b.         compliance with the requirements of City of Toronto Municipal Code Chapter 162.

2.         City Council authorize Transportation Services staff to give notice to the public, after authority has been granted to convey the required easements to Bell Canada and Rogers Cable, of a proposed by-law to close the Lane in accordance with the requirements of the City of Toronto Municipal Code, Chapter 162, with the Toronto and East York Community Council to hear any member of the public who wishes to speak to the matter during consideration of the draft by-law.

3.         City Council authorize 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 website for at least five working days prior to the Toronto and East York Community Council meeting at which the proposed by‑law to close the Lane will be considered.

The Toronto and East York Community Council recommends that:

1.         City Council permanently close the portion of the public lane shown as Part 1 on the attached Sketch No. PS-2009-091 (the “Lane”), subject to:

a.         easement interests for the easements required by Bell Canada and Rogers Cable being declared surplus in accordance with City of Toronto Municipal Code Chapter 213 and authority having been granted to convey the easements to Bell Canada and Rogers Cable in and over the closed Lane for nominal consideration; and

b.         compliance with the requirements of City of Toronto Municipal Code Chapter 162.

2.         City Council authorize Transportation Services staff to give notice to the public, after authority has been granted to convey the required easements to Bell Canada and Rogers Cable, of a proposed by-law to close the Lane in accordance with the requirements of the City of Toronto Municipal Code, Chapter 162, with the Toronto and East York Community Council to hear any member of the public who wishes to speak to the matter during consideration of the draft by-law.

3.         City Council authorize 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 website for at least five working days prior to the Toronto and East York Community Council meeting at which the proposed by-law to close the Lane will be considered.

In conjunction with the modernization of Toronto Transit Commission’s Dufferin Station, Transportation Services staff was requested to investigate the feasibility of closing the easterly portion of the public lane abutting Premises No.1006 Dufferin Street to allow for the expansion of the Dufferin Station.

Transportation Services recommends that the easterly portion of the public lane abutting Premises No.1006 Dufferin Street be permanently closed.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council approve the closure of the sidewalk and curb lane on the east side of Yonge Street, between The Esplanade and Front Street, from February 24, 2010 to May 31, 2013.

2.         City Council direct that Yonge Street 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 east side of Yonge Street, between The Esplanade and Front Street, from February 24, 2010 to May 31, 2013.

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

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council approve the alteration of Lipton Avenue, generally as shown on Drawing 421F-9903 dated January 2010, attached to the report dated January 20, 2010, from the Director, Transportation Services, Toronto and East York District.

The Toronto and East York Community Council recommends that:

1.         City Council approve the alteration of Lipton Avenue, generally as shown on Drawing 421F-9903 dated January 2010, attached to the report dated January 20, 2010, from the Director, Transportation Services, Toronto and East York District.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council approve the alteration that realigns the roadway on Lumsden Avenue at Eastdale Avenue, generally as shown on Drawing No. 421F-9885 dated December 2009, attached to the report dated January 18, 2010, from the Director, Transportation Services, Toronto and East York District.

The Toronto and East York Community Council recommends that:

1.         City Council approve the alteration that realigns the roadway on Lumsden Avenue at Eastdale Avenue, generally as shown on Drawing No. 421F-9885 dated December 2009, attached to the report dated January 18, 2010, from the Director, Transportation Services, Toronto and East York District.

Transportation Services is seeking authority from City Council to alter the roadway at Lumsden Avenue and Eastdale Avenue to improve the pedestrian environment.  The proposed modifications include realigning the roadway on both sides of Lumsden Avenue and Eastdale Avenue to accommodate the installation of a sidewalk.

The proposal will improve the pedestrian environment and will have minimal impact on the level of service provided to motorists and transit service on this section at Lumsden Avenue and Eastdale Avenue.  Neighbourhood travel patterns and available parking will not be affected.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council accept the Offer to Purchase from Maria Lourdes Caetano to purchase the City-owned parcel of vacant land, located at the rear of 55 Niagara Street, and being part of Block A, Plan 655, City West, designated as Part 4 on Plan 64R-15954, City of Toronto (the “Property”), in the amount of $9,332.62, substantially on the terms and conditions outlined in Appendix “A” to the report dated January 21, 2010, from the Chief Corporate Officer.

2.         City Council authorize each of the Chief Corporate Officer and the Director of Real Estate Services severally to accept the Offer to Purchase on behalf of the City.

3.         City Council authorize a portion of the proceeds of closing be directed to fund the outstanding expenses related to the Property and the completion of the sale transaction.

4.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including paying 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 accept the Offer to Purchase from Maria Lourdes Caetano to purchase the City-owned parcel of vacant land, located at the rear of 55 Niagara Street, and being part of Block A, Plan 655, City West, designated as Part 4 on Plan 64R-15954, City of Toronto (the “Property”), in the amount of $9,332.62, substantially on the terms and conditions outlined in Appendix “A” to the report dated January 21, 2010, from the Chief Corporate Officer.

2.         City Council authorize each of the Chief Corporate Officer and the Director of Real Estate Services severally to accept the Offer to Purchase on behalf of the City.

3.         City Council authorize a portion of the proceeds of closing be directed to fund the outstanding expenses related to the Property and the completion of the sale transaction.

4.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including paying 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.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council grant an exemption to the Toronto Downtown Jazz Society to operate a beer garden and to serve wine and hard liquor contingent upon the following conditions:

a.         approval of the A.G.C.O.;

b.         approval of the Medical Officer of Health;

c.         compliance with the City of Toronto’s Municipal Alcohol Policy; and

d.         receipt of all the necessary permits associated with the production of the event i.e., building permit, noise by-law extension permit.

2.         City Council grant permission to the Toronto Downtown Jazz Society to host “ticketed” performances and to solicit donations in support of their organization.

3.         City Council grant permission to Camp Jumoke, Schizophrenia Society of Ontario and Autism Speaks Canada to solicit donations in support of their organizations.

4.         City Council require that the various events compensate the City of Toronto through the Facilities and Real Estate Division for all the City of Toronto costs associated with the event.

The Toronto and East York Community Council recommends that:

1.         City Council grant an exemption to the Toronto Downtown Jazz Society to operate a beer garden and to serve wine and hard liquor contingent upon the following conditions:

a.         approval of the A.G.C.O.;

b.         approval of the Medical Officer of Health;

c.         compliance with the City of Toronto’s Municipal Alcohol Policy; and

d.         receipt of all the necessary permits associated with the production of the event i.e., building permit, noise by-law extension permit.

2.         City Council grant permission to the Toronto Downtown Jazz Society to host “ticketed” performances and to solicit donations in support of their organization.

3.         City Council grant permission to Camp Jumoke, Schizophrenia Society of Ontario and Autism Speaks Canada to solicit donations in support of their organizations.

4.         City Council require that the various events compensate the City of Toronto through the Facilities and Real Estate Division for all the City of Toronto costs associated with the event.

City Council on February 22 and 23, 2010, adopted the following:

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

1.         a change in end time from 12:30 a.m. to 1:00 a.m. for the Toronto Alternative Arts and Fashion Week from April 20 to 25, 2010 at Liberty Village (1 Pardee Avenue); and

2.         a liquor licence extension from 2:00 a.m. to 4:00 a.m. on February 27, 2010, for the Canadian Opera Company's Operanation 6 after-party, to be held at The Spoke Club, 600 King Street West, following the event at the Four Seasons Centre on February 26, 2010, until 1:00 a.m. 

3.         a liquor licence and patio extension for The Ceili Cottage's Irish Festival, 1301 Queen Street East, on the following dates and times:

             -          Saturday, March 13, 2010 from 12:00 noon to 1:00 a.m.

             -          Sunday, March 14, 2010 from 12:00 noon to 1:00 a.m.

             -          Monday, March 15, 2010 from 3:00 p.m. to 2:00 a.m.

             -          Tuesday, March 16, 2010 from 3:00 p.m. to 2:00 a.m.

             -          Wednesday, March 17, 2010 from 12:00 noon to 2:00 a.m.; and

4.         a liquor licence extension for Fynn's of Temple Bar Pub & Restaurant, 489 King Street, for St. Patrick's Day, from 11:00 a.m. on Wednesday, March 17, 2010, to 2:00 a.m. on Thursday, March 18, 2010.

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

1.         a change in end time from 12:30 a.m. to 1:00 a.m. for the Toronto Alternative Arts and Fashion Week from April 20 to 25, 2010 at Liberty Village (1 Pardee Avenue); and

2.         a liquor licence extension from 2:00 a.m. to 4:00 a.m. on February 27, 2010, for the Canadian Opera Company's Operanation 6 after-party, to be held at The Spoke Club, 600 King Street West, following the event at the Four Seasons Centre on February 26, 2010, until 1:00 a.m. 

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

1.         Toronto's Festival of Beer to be held at Bandshell Park, Exhibition Place on August 5, 2010, from 4:00 p.m. to 10:00 p.m., August 6, 2010, from 3:00 p.m. to 10:00 p.m. and on August 7 and 8, 2010, from 12:00 p.m. to 7:00 p.m.

2.         2010 Canadian National Exhibition and Horse Show to be held from August 2 to September 6, 2010, at Exhibition Place.

3.         Second Harvest's Toronto Taste to be held on Sunday, June 13, 2010, at the Royal Ontario Museum, with an exterior portion spilling out onto Queen's Park Circle.

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

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council authorize the City Solicitor and appropriate staff to attend the Ontario Municipal Board Hearing of the appeal from Committee of Adjustment File A0676/09TEY; and to not oppose the approval of the proposed minor variances in respect of the property located at 7 Ava Road, provided that they are substantially in accordance with the revised plans and drawings submitted by the applicant dated November 17, 2009 and provided that the total gross floor area permitted is no more than 588.89 square metres or 0.88 times the lot area.

The Toronto and East York Community Council recommends that:

1.         City Council authorize the City Solicitor to attend the scheduled Ontario Municipal Board hearing, and if necessary hire an outside planner, in support of the refusal of the variances regarding 7 Ava Road, Toronto.

City Council on February 22 and 23, 2010, adopted the following:

A.        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 Park Lane, 14 Duncan Street (“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 unless the following conditions, in the form substantially set out below, are attached to the liquor licence:

Conditions to be attached to Liquor Licence for

Park Lane, 14 Duncan Street, Toronto

Licence to Operate the Business

1.         The applicant shall hold a valid business licence, issued by the City of Toronto, to operate a business of the class "Entertainment Facility - Night Club".

Patron and Public Safety

2.         Security sweeps shall be done of all public areas before the club is opened to the public, and a record shall be kept certifying the same, including name and time of inspection and shall be available at the request of the Police or Liquor Inspectors.

3.         Prior to opening, all doors will be alarmed except for the entrance doors (to be identified) and any doors to outside patron areas (to be identified).

4.         At all times while the premises are open to patrons and for at least one hour after the premises are closed to patrons, the premises shall be staffed with at least one visibly identifiable security person for every 100 patrons on the premises.

5.         The Licensee shall ensure that every entrance to the premises is staffed with at least one security person equipped with a fully operational metal detector. All persons, with no exceptions, shall be fully searched and pass through a metal detector upon entry into the premises.

6.         All persons who re-enter the club from a smoking area or any other area that is publicly accessible at any time shall be subject to a full search and metal detection scan, with no exceptions.

7.         The Licensee shall provide the name and contact information of the Head of Security and the General Manager of the premises to the Toronto Police Service, 52 Division, Plain Clothes Unit. One of the persons named in this clause shall be on the premises at all times when the premises are open to patrons.

8.          At all times while the premises are open the Licensee shall ensure that there are clearly visible and functioning security cameras as described in the attached specification, entitled Night Club CCTV Requirements,  (Attachment 1)

The video surveillance system shall be checked prior to each opening to ensure that it is fully functional.

9.         The Licensee shall retain all digital records from the security cameras for a minimum of 30 days. Any recording (or the Digital Video Recording unit) must be available immediately upon their request, and at no cost, to officers of the Toronto Police Service and to AGCO Inspectors.

10.       The Licensee shall ensure that lighting is installed and is operational across the full width of the front, rear and any side of the premises that is accessible to the public.  The light fixtures will provide illumination levels between 55 to 110 lumens for all such spaces.  The Licensee shall further ensure that the lighting fixtures do not direct light into windows of surrounding structures.  The licensee shall ensure that these lights are fully operational and turned on from the time of opening until sunrise the following day.

11.       The Licensee may allow a line queue for people waiting to enter the premises.  A barrier shall be used to clearly distinguish the area to be used for queuing from the remainder of the sidewalk which shall be maintained free and clear for passing pedestrians.

12.       The Licensee shall ensure that a designated employee is on duty at all times to ensure that exiting patrons do not block the sidewalk and are not causing a disturbance that will affect nearby residents.

Impact on the Neighbourhood

13.       The Licensee shall ensure that any sound resulting from the operation of the business is not audible beyond a reasonable distance from the lot line of the property on which the premise is located. This clause refers to sound that is generated by any internal or external loudspeakers, conversation by patrons within the premises, bussing, garbage disposal and bottle disposal. A reasonable distance for such sound to be considered in non-compliance is any point opposite the Licensee’s premises that is separated by a public street, public or private laneway or a parting wall between the Licensee’s premises and any adjacent space.

14.       The Licensee shall post a prominent sign at each exit that reminds and/or encourages departing patrons to be considerate of the surrounding community.

15.       The Licensee shall use best efforts to ensure that all areas immediately adjacent to the establishment are clean and free of litter, refuse and other debris.

16.       The Licensee shall use best efforts to arrange garbage pickup and recycling at times that will not disturb nearby residents.

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

C.        City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and be directed 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:

A.        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 Park Lane, 14 Duncan Street (“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 unless the following conditions, in the form substantially set out below, are attached to the liquor licence:

Conditions to be attached to Liquor Licence for

Park Lane, 14 Duncan Street, Toronto

Licence to Operate the Business

1.         The applicant shall hold a valid business licence, issued by the City of Toronto, to operate a business of the class "Entertainment Facility - Night Club".

Patron and Public Safety

2.         Security sweeps shall be done of all public areas before the club is opened to the public, and a record shall be kept certifying the same, including name and time of inspection and shall be available at the request of the Police or Liquor Inspectors.

3.         Prior to opening, all doors will be alarmed except for the entrance doors (to be identified) and any doors to outside patron areas (to be identified).

4.         At all times while the premises are open to patrons and for at least one hour after the premises are closed to patrons, the premises shall be staffed with at least one visibly identifiable security person for every 100 patrons on the premises.

5.         The Licensee shall ensure that every entrance to the premises is staffed with at least one security person equipped with a fully operational metal detector. All persons, with no exceptions, shall be fully searched and pass through a metal detector upon entry into the premises.

6.         All persons who re-enter the club from a smoking area or any other area that is publicly accessible at any time shall be subject to a full search and metal detection scan, with no exceptions.

7.         The Licensee shall provide the name and contact information of the Head of Security and the General Manager of the premises to the Toronto Police Service, 52 Division, Plain Clothes Unit. One of the persons named in this clause shall be on the premises at all times when the premises are open to patrons.

8.         At all times while the premises are open the Licensee shall ensure that there are clearly visible and functioning security cameras as described in the attached specification, entitled Night Club CCTV Requirements,  (Attachment 1)

The video surveillance system shall be checked prior to each opening to ensure that it is fully functional.

9.         The Licensee shall retain all digital records from the security cameras for a minimum of 30 days. Any recording (or the Digital Video Recording unit) must be available immediately upon their request, and at no cost, to officers of the Toronto Police Service and to AGCO Inspectors.

10.       The Licensee shall ensure that lighting is installed and is operational across the full width of the front, rear and any side of the premises that is accessible to the public. The light fixtures will provide illumination levels between 55 to 110 lumens for all such spaces. The Licensee shall further ensure that the lighting fixtures do not direct light into windows of surrounding structures. The licensee shall ensure that these lights are fully operational and turned on from the time of opening until sunrise the following day.

11.       The Licensee may allow a line queue for people waiting to enter the premises. A barrier shall be used to clearly distinguish the area to be used for queuing from the remainder of the sidewalk which shall be maintained free and clear for passing pedestrians.

12.       The Licensee shall ensure that a designated employee is on duty at all times to ensure that exiting patrons do not block the sidewalk and are not causing a disturbance that will affect nearby residents.

Impact on the Neighbourhood

13.       The Licensee shall ensure that any sound resulting from the operation of the business is not audible beyond a reasonable distance from the lot line of the property on which the premise is located. This clause refers to sound that is generated by any internal or external loudspeakers, conversation by patrons within the premises, bussing, garbage disposal and bottle disposal. A reasonable distance for such sound to be considered in non-compliance is any point opposite the Licensee’s premises that is separated by a public street, public or private laneway or a parting wall between the Licensee’s premises and any adjacent space.

14.       The Licensee shall post a prominent sign at each exit that reminds and/or encourages departing patrons to be considerate of the surrounding community.

15.       The Licensee shall use best efforts to ensure that all areas immediately adjacent to the establishment are clean and free of litter, refuse and other debris.

16.       The Licensee shall use best efforts to arrange garbage pickup and recycling at times that will not disturb nearby residents.

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

C.        City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and be directed 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.

City Council on February 22 and 23, 2010, deferred consideration of Item TE31.79 to its next meeting on March 31, 2010.

View the March 31 and April 1, 2010 City Council decision on this item:

The Toronto and East York Community Council recommends that:

1.         City Council direct the City Solicitor, the Chief Planner and Executive Director, City Planning, and other appropriate staff to attend a not yet scheduled Ontario Municipal Board hearing with respect to 150 Charles Street West (95 Queens Park), and take the position that the variances should not be granted unless the OMB imposes a condition requiring that the site is to be developed substantially in accordance with site plan drawing number A-001, date-stamped May 12, 2009 by City Planning, as submitted with site plan application 09 129916 STE 27 SA, illustrating site access from the laneway located to the north of the property.

At its meeting held on Wednesday, November 4, 2009, the Committee of Adjustment, Toronto and East York Panel, approved minor variances necessary to facilitate the construction of a new three-storey student centre and make alterations to the existing two-storey building at 150 Charles Street West (95 Queens Park) - Minor Variance Application A0643/09TEY.

The requested variances to the zoning by-law were:

1.         Section 12(2)310(a), By-law 438-86

A building fronting Charles Street east of Queen’s Park shall not be erected above grade closer to a street than 4.0 m.

In this case, the proposed building above grade is setback 0.0 m from Charles Street.

2.         Section 12(2)309(i), By-law 438-86

The gross floor area of an existing building can only be enlarged by within 5% (558.6 m2) of what existed on June 3, 1997.

In this case, the gross floor area of the proposed enlargement will be equal to 18% (2000 m²) of the existing building.

3.         Section 4(11)(c), By-law 438-86

A building is not permitted to be located to the front of a residential building creating a condition of having a residential building to the rear of another building.

In this case, the proposed building will be located in front of a residential building.

Community Planning found the proposed variances acceptable provided that the site was to be developed in a manner that the University had presented to the City as filed through site plan application 09 129916 STE27 SA, which was being reviewed concurrently.  The Committee of Adjustment approval was not conditional on the site plan.  A copy of the Committee's decision is attached.

On November 27, 2009, the City received notification that minor variance application A0643/09TEY had been appealed to the Ontario Municipal Board by an interested party.  A hearing date has not yet been set.

This motion has been prepared in conjunction with Legal Services and City Planning.