City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council amend the Official Plan for 707, 709, 711, 715 and 717 Dovercourt Road substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 9 to the report dated February 22, 2010, from the Director, Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 438-86 for 707, 709, 711, 715 and 717 Dovercourt Road, substantially in accordance with the draft Zoning By-law Amendment, attached as Attachment No. 1 to the report (March 30, 2010) from the Chief Planner and Executive Director, City Planning.

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 5 existing buildings, containing 8 residential dwelling units including 5 residential rental housing units located at 707 to 717 Dovercourt Road pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667:

a.         The owner meet the requirements set out in the provincial Residential Tenancies Act, which specifies notice to be provided and compensation to be met.

b.         The owner provide an undertaking to the satisfaction of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning Division which secures the condition outlined in Recommendation a.

5.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval of the application under Municipal Code Chapter 667 after satisfying the conditions in Part 4 above, and after the Zoning By-law amendments in Part 2 above have come into full force and effect.

6.         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 Part 5 above.

7.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act no earlier than issuance of the foundation permit for the development, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Part 5 above.  The Section 111 permit may be included in the demolition permit as per Section 363-11.1E of the Municipal Code on condition that:

a.         The owner erect a residential building on site no later than three (3) years from the day demolition of the buildings is commenced.

b.         Should the owner fail to complete the new building within the time specified in condition a., the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

8.         Before introducing the necessary Bills to City Council for enactment, 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 satisfactory to the Chief Planner and Executive Director, City Planning Division, and the City Solicitor. Such agreements shall be registered on title to the lands in a manner satisfactory to the City Solicitor, to secure the following matters as a legal convenience to support the development:

i.          As part of the Site Plan Approval process, the owner shall provide 1:50 scale drawings for the first and second storey portions of the east and west elevations with building materials labelled and the drawings having a sufficient level of detail to illustrate how the building will be perceived by pedestrians.  The owner shall incorporate, in the construction of the apartment building, said exterior materials to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

ii.         Private garbage pickup and access to the loading facilities shall be restricted to the hours between 7:30 a.m. and 8:00 p.m. on weekdays and 8:30 a.m. to 8:00 p.m. on Saturdays.

iii.        The private mews located at the south end of the property shall have restricted vehicular access available only to garbage trucks and loading vehicles during the hours identified above.  Retractable bollards will be installed along the Dovercourt Road and laneway entrances of the mews to prohibit private vehicles from using the mews.  The bollards will remain elevated at all times except for when garbage or loading vehicles are visiting the site.

iv.        Payment for the installation of two convex mirrors (including any application and registration fees to obtain the necessary easement agreements) to be mounted on the two buildings adjacent to the laneway systems’ one-way exit on to Dovercourt Road so that motorists are able to see any oncoming pedestrians around the blind corners, or if installation of the mirrors is not feasible then an equivalent cash contribution be paid for improvements in the immediate neighbourhood.

9.         City Council require that the owner of 707-717 Dovercourt Road enter into an agreement with the City, under terms and conditions satisfactory to the City, saving the City harmless of any and all liabilities, demonstrating adequate insurance provisions, and subject to review and monitoring by the City, to keep the laneway system at the rear of the property, between Delaware Avenue and Dovercourt Road, clear of snow up to the south property line of the 707-717 Dovercourt Road lands, including the laneway extending off Delaware Avenue and Dovercourt Road.

The Toronto and East York Community Council recommends that:

1.         City Council amend the Official Plan for 707, 709, 711, 715 and 717 Dovercourt Road substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 9 to the report dated February 22, 2010, from the Director, Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 438-86 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 10 to the report dated February 22, 2010, from the Director, Community Planning, Toronto and East York District.

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 5 existing buildings, containing 8 residential dwelling units including 5 residential rental housing units located at 707 to 717 Dovercourt Road pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667:

a.         The owner meet the requirements set out in the provincial Residential Tenancies Act, which specifies notice to be provided and compensation to be met.

b.         The owner provide an undertaking to the satisfaction of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning Division which secures the condition outlined in Recommendation a.

5.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval of the application under Municipal Code Chapter 667 after satisfying the conditions in Recommendation 4, and after the Zoning By-law amendments in Recommendation 2 have come into full force and effect.

6.         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.

7.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act no earlier than issuance of the foundation permit for the development, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation 5.  The Section 111 permit may be included in the demolition permit as per Section 363-11.1E of the Municipal Code on condition that:

a.         The owner erect a residential building on site no later than three (3) years from the day demolition of the buildings is commenced.

b.         Should the owner fail to complete the new building within the time specified in condition a., the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

8.         Before introducing the necessary Bills to City Council for enactment, 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 satisfactory to the Chief Planner and Executive Director, City Planning Division, and the City Solicitor. Such agreements shall be registered on title to the lands in a manner satisfactory to the City Solicitor, to secure the following matters as a legal convenience to support the development:

i.          As part of the Site Plan Approval process, the owner shall provide 1:50 scale drawings for the first and second storey portions of the east and west elevations with building materials labelled and the drawings having a sufficient level of detail to illustrate how the building will be perceived by pedestrians.  The owner shall incorporate, in the construction of the apartment building, said exterior materials to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

ii.         Private garbage pickup and access to the loading facilities shall be restricted to the hours between 7:30 a.m. and 8:00 p.m. on weekdays and 8:30 a.m. to 8:00 p.m. on Saturdays.

iii.        The private mews located at the south end of the property shall have restricted vehicular access available only to garbage trucks and loading vehicles during the hours identified above.  Retractable bollards will be installed along the Dovercourt Road and laneway entrances of the mews to prohibit private vehicles from using the mews.  The bollards will remain elevated at all times except for when garbage or loading vehicles are visiting the site.

iv.        Payment for the installation of two convex mirrors (including any application and registration fees to obtain the necessary easement agreements) to be mounted on the two buildings adjacent to the laneway systems’ one-way exit on to Dovercourt Road so that motorists are able to see any oncoming pedestrians around the blind corners, or if installation of the mirrors is not feasible then an equivalent cash contribution be paid for improvements in the immediate neighbourhood.

9.         City Council require that the owner of 707-717 Dovercourt Road enter into an agreement with the City, under terms and conditions satisfactory to the City, saving the City harmless of any and all liabilities, demonstrating adequate insurance provisions, and subject to review and monitoring by the City, to keep the laneway system at the rear of the property, between Delaware Avenue and Dovercourt Road, clear of snow up to the south property line of the 707-717 Dovercourt Road lands, including the laneway extending off Delaware Avenue and Dovercourt Road.

The Toronto and East York Community Council requested:

1.         the Director, Community Planning, Toronto and East York District, to report directly to City Council for its meeting on March 31, 2010, on how many parking spots required can be eliminated from the proposal; and

2.         the Director, Transportation Services, Toronto and East York District:

-           to review the existing pole in the public laneway to the rear of the property for possible relocation; and

-           to report on possible and desirable traffic direction changes in the east-west public laneway between Delaware Avenue and Dovercourt Road, south of Bloor Street West.

The Toronto and East York Community Council held a statutory public meeting on March 9, 2010, and notice was given in accordance with the Planning Act.

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.

This application proposes to redevelop the properties at 707-717 Dovercourt Road with a 5 storey condominium containing 75 residential units and two levels of underground parking.

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

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to oppose the applicant’s appeal respecting the Zoning By-law Amendment application for 224 King Street West (File 09-104390 STE 20 OZ), and attend any Ontario Municipal Board hearings in opposition to such appeal, and retain such experts as the City Solicitor may determine are needed in support of the position recommended in this report.

2.         City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner, should the proposal be approved in some form by the Ontario Municipal Board.

3.         City Council replace Attachment 8 of the report dated February 16, 2010, from the Director, Community Planning, Toronto and East York District, with Attachment 1 of the report dated March 8, 2010, from the Director, Community Planning, Toronto and East York District.

4.         City Council authorize the appropriate City Planning staff and City Solicitor to continue to negotiate with the proponent and attend the Ontario Municipal Board to represent the City's interest if necessary.

5.         City Council authorize the Chief Planner and Executive Director, City Planning, to initiate a Heritage Conservation District Study, as recommended in the King-Spadina Built Form Study Review Guidelines, and report on sources of funds to carry out the study.

6.         City Council include an increase of $185,431.79 gross and $0 net for Heritage Conservation District studies in King-Spadina in the 2010 Operating Budget for the City Planning Division as recommended by Budget Committee on March 26, 2010. Funding will be from two Section 37 agreements and one minor variance (Section 45) approval: $50,000.00 from the Section 37 agreement for 60 John Street and 12-18 Mercer Street (source account 220096), $31,253.49 from the Section 37 agreement for 326-358 King Street West (source account XR3026-3700056), and $104,178.30 from the Section 45 approval at 438 King Street West (source account XR3026-4500013).

7.         City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the foregoing.

The Toronto and East York Community Council recommends that:

1.         City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to oppose the applicant’s appeal respecting the Zoning By-law Amendment application for 224 King Street West (File 09-104390 STE 20 OZ), and attend any Ontario Municipal Board hearings in opposition to such appeal, and retain such experts as the City Solicitor may determine are needed in support of the position recommended in this report.

2.         City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner, should the proposal be approved in some form by the Ontario Municipal Board.

3.         City Council replace Attachment 8 of the report dated February 16, 2010, from the Director, Community Planning, Toronto and East York District, with Attachment 1 of the report dated March 8, 2010, from the Director, Community Planning, Toronto and East York District.

4.         City Council authorize the appropriate City Planning staff and City Solicitor to continue to negotiate with the proponent and attend the Ontario Municipal Board to represent the City's interest if necessary.

5.         City Council authorize the Chief Planner and Executive Director, City Planning, to initiate a Heritage Conservation District Study, as recommended in the King-Spadina Built Form Study Review Guidelines, and report on sources of funds to carry out the study.

6.         City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the foregoing.

This application was made after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

The applicant has appealed the Zoning By-law amendment to the Ontario Municipal Board (OMB) due to Council’s failure to make a decision on the application within the time allotted by the Planning Act.

The application proposes a 45-storey tower at 224 King Street West, mid-block within a streetscape of low-scale heritage buildings.  The proposal consists of 200 residential units, commercial uses at grade and 100 below grade parking spaces.

The proposal represents an over-development of the property that is not consistent with the planning policy framework.  Its proposed height exceeds the Zoning By-law permission by approximately 130 m, and is significantly out of scale with its adjacent built form context.  It overwhelms the uniquely intact heritage streetscape within which it is located and does not contribute to a coherent streetwall.  Its approval could set a negative precedent that could fundamentally alter the urban structure of the warehouse and heritage areas within King-Spadina and encourage the erosion of intact heritage streetscapes.  It could also set a negative precedent for approving excessively tall development within areas that have been studied and found to be unsuitable for significant height.

The purpose of this report is to seek City Council’s direction for the City Solicitor, together with Planning and appropriate City staff, to oppose the proposal at the OMB.

The application proposes a 45-storey tower at 224 King Street West.

The applicant has appealed to the Ontario Municipal Board (OMB) due to Council’s failure to make a decision on the application within the time allotted by the Planning Act.

A report from the Director, Community Planning, Toronto and East York District, titled “224 King Street West - Rezoning Application - Request for Directions Report” and dated February 16, 2010, seeks City Council’s direction for the City Solicitor, together with Planning and appropriate City staff, to oppose the proposal at the OMB.

This report, dated March 8, 2010, includes an amended Attachment 8 to the above-noted February 16, 2010 report.  The amendment updates the photomontage and model perspective of the proposal in its context, to include recently constructed and approved buildings which were added to the model subsequent to February 16, 2010

1.         City Council authorize the City Solicitor, the Chief Planner and Executive Director, and other appropriate staff to attend any Ontario Municipal Board hearing in opposition to the revised proposal for 102 Shuter Street.

2.         City Council authorize Planning staff, in consultation with the Ward Councillor, to determine an appropriate cash contribution and package of community benefits pursuant to Section 37 of the Planning Act, should the proposal be approved in some form by the Ontario Municipal Board.

The Toronto and East York Community Council forwards this item to Council without recommendation.

The applicant has appealed the Official Plan Amendment and Zoning By-law Amendment to the Ontario Municipal Board (OMB) due to Council’s failure to make a decision within the time allotted by the Planning Act.  Pre-hearing conferences were held on September 28, 2009 and December 17, 2009.  An additional pre-hearing conference is set for April 15 and 16, 2010 and a hearing is set to commence on May 17, 2010 for a period of 3 weeks.

At its meeting on October 13, 2009, Toronto and East York Community Council (TEYCC) adopted the recommendations outlined in the staff Request for Direction Report dated August 25, 2009, which had been deferred from the September 15, 2009 TEYCC, recommending the City Solicitor, Chief Planner and Executive Director, and other appropriate staff attend the OMB in opposition to the proposal.  The proposed 20-storey residential apartment building represented an inappropriate intensification of a site in a Neighbourhoods designation resulting in light, view, privacy and other impacts.

The purpose of this supplementary report is to provide comment on the revised proposal formally submitted to the City on December 18, 2009, as a settlement offer for matters before the Ontario Municipal Board. 

Planning staff conclude that the revised 16-storey proposal does not address the reasons for refusal identified in the Request for Direction Report dated August 25, 2009 and do not recommend the settlement offer.

1.         City Council state its intention to designate the property at 19 Dundas Square (Hermant Building, 1913) under Part IV, Section 29 of the Ontario Heritage Act.

2.         City Council state its intention to designate the property at 21 Dundas Square (Hermant Building, 1929) under Part IV, Section 29 of the Ontario Heritage Act.

3.         If there are no objections to the proposed designations in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the solicitor to introduce the Bills in Council designating the properties 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, City Council direct the Clerk to refer the proposed designations to the Conservation Review Board.

5.         City Council grant authority for the execution of Heritage Easement Agreements under Section 37 of the Ontario Heritage Act with the owner of the properties at 19 and 21 Dundas Square (Hermant Buildings, 1913 and 1929).

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

The Toronto and East York Community Council forwards this item to Council without recommendation.

The Toronto and East York Community Council considered the following recommendations contained in the report (January 26, 2010) from the Acting Director, Policy and Research, City Planning Division:

1.         City Council state its intention to designate the property at 19 Dundas Square (Hermant Building, 1913) under Part IV, Section 29 of the Ontario Heritage Act.

2.         City Council state its intention to designate the property at 21 Dundas Square (Hermant Building, 1929) under Part IV, Section 29 of the Ontario Heritage Act.

3.         If there are no objections to the proposed designations in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the Solicitor to introduce the Bills in Council designating the properties 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, City Council direct the Clerk to refer the proposed designations to the Conservation Review Board.

5.         City Council grant authority for the execution of Heritage Easement Agreements under Section 37 of the Ontario Heritage Act with the owner of the properties at 19 and 21 Dundas Square (Hermant Buildings, 1913 and 1929).

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

This report recommends that City Council state its intention to designate the properties at 19 and 21 Dundas Square (Hermant Buildings, 1913 and 1929) under Part IV, Section 29 of the Ontario Heritage Act and grant authority to enter into Heritage Easement Agreements.  The properties were listed on the City of Toronto Inventory of Heritage Properties in 1990.

At its meeting of November 30, December 1, 2, 4 and 7, 2009, City Council approved a rezoning application for the properties at 252-258 Victoria Street and 19 and 21 Dundas Square that allows the development of part of the site with a 35-storey office/residential building.   The proposal involves the demolition of the Hermant Annex located at 258 Victoria Street, which is listed on the City of Toronto Inventory of Heritage Properties. The owner has agreed to the designation of the Dundas Square properties and to enter into Heritage Easement Agreements with the City of Toronto for each of the sites.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council direct City staff to proceed with negotiations with the necessary property owners to create a public lane system to the east and west of 9 Hanna Avenue, including the extinguishing of certain existing property interests where necessary.

2.         City Council request City staff  to acquire the lands being conveyed by the owner of 5 Hanna Avenue as per the Schedule 1 attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone, in an "as is, where is" condition prior to the final Site Plan Approval being registered, with a foundation permit to be released by the Toronto Building Division prior to such final Site Plan Approval being registered for the approved development of 5 Hanna Avenue, waiving the requirement for environment remediation of those portions of the property that are not being excavated (which excavated lands are illustrated on Schedule 2, attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone).

a.         Furthermore, the owner of 5 Hanna Avenue will be granted the necessary easements/encroachments above and below such conveyed lands as illustrated on Schedule 3 attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone, until such time as the individual easements/encroachments are deemed unnecessary or irrelevant as a result of the conveyed lands being declared public roadways, with the above-grade easement pertaining to the balcony encroachment being permitted. During the construction of the building at 5 Hanna Avenue, a temporary laneway of approximately 5.59 metres as illustrated on Schedule 4 attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone, will be provided by the owner of 5 Hanna Avenue, which temporary laneway will be bound by an appropriate protective barrier along the north boundary and the existing concrete curb being maintained along the south boundary.

b.         The owner of 5 Hanna Avenue will be allowed to construct the approved building’s caisson wall within the northern most 1.0 metre of the 6.0 metre access easement to be conveyed to the City of Toronto as illustrated on Schedule 4, which portion of land to be conveyed to the City above the caisson wall will be conveyed above-grade only to a depth of 4" below the existing typography.

c.         Upon completion of the construction of the approved building at 5 Hanna Avenue, the owner will convey to the City of Toronto the full 6.0 metre access easement lands, with a modest reorientation as illustrated in Schedule 5 attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone, connecting Hanna Avenue to the driveway of 9 Hanna Avenue, which lands will be paved with asphalt, which paved lands will be graded to drain all water into the existing catch basins, and which access easement lands are not to be constructed to the City’s public lane standards (as illustrated on Schedule 6 attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone).

d.         Upon conveyance of the access easement lands to the City of Toronto, the owner of 5 Hanna Avenue will maintain ownership of the lands illustrated on Schedule 7, attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone, which lands are to be used for 18 surface parking stalls and should an easement be required from the City of Toronto for access to these parking stalls, such access will be granted. Finally, the owner of 5 Hanna Avenue will install private lighting on its lands and/or building which will provide a degree of illumination of the 6.0 metre access easement lands.

3.         City Council direct that the owner of 5 Hanna Avenue be provided with tie-back and crane swing rights along 9 Hanna Avenue, which are illustrated on Schedule 3 attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone, which agreements shall be forwarded to the applicant for execution prior to April 15, 2010, in accordance with the City’s ‘usual’ terms and conditions.

4.         City Council direct the Toronto Building Division to issue an excavation permit to the owner of 5 Hanna Avenue immediately prior to the execution of the Section 45(9) Agreement.

5.         City Council authorize the City Solicitor to issue the final form of Section 45(9) Agreement to the owner of 5 Hanna Avenue by no later than the Council meeting to be held on March 31 and April 1, 2010.

6.         City Council request staff to report back to the Toronto and East York Community Council by June 22, 2010, on the results of the negotiations.

The Toronto and East York Community Council recommends that:

1.         City Council direct City staff to proceed with negotiations with the necessary property owners to create a public lane system to the east and west of 9 Hanna Avenue, including the extinguishing of certain existing property interests where necessary.

2.         City Council direct City staff  to acquire the lands being conveyed by the owner of 5 Hanna Avenue as per the Schedule 1 attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone, in an "as is, where is" condition prior to the final Site Plan Approval being registered, with a foundation permit to be released by the Toronto Building Division prior to such final Site Plan Approval being registered for the approved development of 5 Hanna Avenue, waiving the requirement for environment remediation of those portions of the property that are not being excavated (which excavated lands are illustrated on Schedule 2, attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone).

a.         Furthermore, the owner of 5 Hanna Avenue will be granted the necessary easements/encroachments above and below such conveyed lands as illustrated on Schedule 3 attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone, until such time as the individual easements/encroachments are deemed unnecessary or irrelevant as a result of the conveyed lands being declared public roadways, with the above-grade easement pertaining to the balcony encroachment being permitted. During the construction of the building at 5 Hanna Avenue, a temporary laneway of approximately 5.59 metres as illustrated on Schedule 4 attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone, will be provided by the owner of 5 Hanna Avenue, which temporary laneway will be bound by an appropriate protective barrier along the north boundary and the existing concrete curb being maintained along the south boundary.

b.         The owner of 5 Hanna Avenue will be allowed to construct the approved building’s caisson wall within the northern most 1.0 metre of the 6.0 metre access easement to be conveyed to the City of Toronto as illustrated on Schedule 4, which portion of land to be conveyed to the City above the caisson wall will be conveyed above-grade only to a depth of 4" below the existing typography.

c.         Upon completion of the construction of the approved building at 5 Hanna Avenue, the owner will convey to the City of Toronto the full 6.0 metre access easement lands, with a modest reorientation as illustrated in Schedule 5 attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone, connecting Hanna Avenue to the driveway of 9 Hanna Avenue, which lands will be paved with asphalt, which paved lands will be graded to drain all water into the existing catch basins, and which access easement lands are not to be constructed to the City’s public lane standards (as illustrated on Schedule 6 attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone).

d.         Upon conveyance of the access easement lands to the City of Toronto, the owner of 5 Hanna Avenue will maintain ownership of the lands illustrated on Schedule 7, attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone, which lands are to be used for 18 surface parking stalls and should an easement be required from the City of Toronto for access to these parking stalls, such access will be granted. Finally, the owner of 5 Hanna Avenue will install private lighting on its lands and/or building which will provide a degree of illumination of the 6.0 metre access easement lands.

3.         City Council direct that the owner of 5 Hanna Avenue be provided with tie-back and crane swing rights along 9 Hanna Avenue, which are illustrated on Schedule 3 attached to the letter dated March 9, 2010, from Deputy Mayor Pantalone, which agreements shall be forwarded to the applicant for execution prior to April 15, 2010, in accordance with the City’s ‘usual’ terms and conditions.

4.         City Council direct the Toronto Building Division to issue an excavation permit to the owner of 5 Hanna Avenue immediately prior to the execution of the Section 45(9) Agreement.

5.         City Council authorize the City Solicitor to issue the final form of Section 45(9) Agreement to the owner of 5 Hanna Avenue by no later than the Council meeting to be held on March 31 and April 1, 2010.

6.         Upon the owner of 5 Hanna Avenue conveying additional lands as illustrated on Schedule 1,  as referenced in Recommendation 2 above, City Council authorize support of an application by the owner of 5 Hanna Avenue to reduce the visitor parking requirement to 6 visitor parking spaces, which visitor parking spaces are illustrated in Schedule 8.

7.         City Council request staff to report back to the Toronto and East York Community Council by June 22, 2010, on the results of the negotiations.

This report recommends that City staff be directed to proceed with negotiations with the necessary property owners for the acquisition of the lands and the extinguishing of certain property interests required to create a public lane system to the east and west of the Toronto Police Service facility at 9 Hanna Avenue and to report back on the results of those negotiations.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council approve the 76 and 100 Davenport Road - The Florian - Public Art Plan, attached to the report dated February 17, 2010, from the Director, Urban Design.

The Toronto and East York Community Council recommends that:

1.         City Council approve the 76 and 100 Davenport Road - The Florian - Public Art Plan, attached to the report dated February 17, 2010, from the Director, Urban Design.

The purpose of this staff report is to seek City Council approval of the 76 and 100 Davenport Road – The Florian - Public Art Plan.  The plan has been prepared by the Owner and the Public Art Consultant in compliance with the development approval provisions.  The plan, which is included as Attachment 1 of this report, outlines the method by which the Owner will commission public art in the publicly accessible area of the development.

The 76 and 100 Davenport Road – The Florian - Public Art Plan provides a framework for the commission in the proposed location in the area closest to Davenport Road, a publicly visible and accessible site.  The attached plan meets the objectives of the City Planning Percent for the Public Art Program and is supported by the Toronto Public Art Commission.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal addresses set out below as fire routes pursuant to Municipal Code Chapter 880-Fire Routes:

a.         Elmsley Place; and

b.         18 Harbour Street.

2.         City Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.

The Toronto and East York Community Council recommends that:

1.         City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal addresses set out below as fire routes pursuant to Municipal Code Chapter 880-Fire Routes:

a.          Elmsley Place; and

b.         18 Harbour Street.

2.         City Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.

To obtain Council approval for the amendment of the Fire Route By-law to designate certain locations as fire routes within the meaning of City of Toronto Municipal Code Chapter 880, as amended.

Fire Services uses designated fire routes as a key mechanism in regulating fire prevention, including the prevention of spreading of fires and the delivery of fire protection services.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council permanently close the public lane extending southerly from Adelaide Street West abutting the East Limit of 295 Adelaide Street West, shown as Parts 1 and 2 on Sketch No. PS-2010-002 (the “Lane”) attached as Appendix B to the report dated February 17, 2010, from the General Manager, Transportation Services and the Chief Corporate Officer, 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, 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 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 at which the proposed by-law to close the Lane will be considered.

4.         City Council accept the Offer to Purchase from Pinnacle International (Adelaide St.) Ltd. (the “Purchaser”) to purchase the portion of the Lane shown as Part 1 on Sketch No. PS-2010-002 (“Part 1”) in the amount of $321,196.73, substantially on the terms and conditions outlined in Appendix “A” attached to the report dated February 17, 2010, from the General Manager, Transportation Services and the Chief Corporate Officer.

5.         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.

6.         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.

7.         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 permanently close the public lane extending southerly from Adelaide Street West abutting the East Limit of 295 Adelaide Street West, shown as Parts 1 and 2 on Sketch No. PS-2010-002 (the “Lane”) attached as Appendix B to the report dated February 17, 2010, from the General Manager, Transportation Services and the Chief Corporate Officer, 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, 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 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 at which the proposed by-law to close the Lane will be considered.

4.         City Council accept the Offer to Purchase from Pinnacle International (Adelaide St.) Ltd. (the “Purchaser”) to purchase the portion of the Lane shown as Part 1 on Sketch No. PS-2010-002 (“Part 1”) in the amount of $321,196.73, substantially on the terms and conditions outlined in Appendix “A” attached to the report dated February 17, 2010, from the General Manager, Transportation Services and the Chief Corporate Officer.

5.         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.

6.         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.

7.         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 General Manager, Transportation Services and the Chief Corporate Officer request that the public lane abutting the east limit of 295 Adelaide Street West be permanently closed, and that the public lane be sold to the adjoining land owner, Pinnacle International (Adelaide St.) Ltd., substantially on the terms and conditions outlined in the attached Appendix “A”.

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

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council permanently close the unopened portion of Mill Street, shown as Part 1 on the Sketch No. PS-2004-001 (the “Highway”), attached as Appendix B to the report dated February 17, 2010, from the General Manager, Transportation Services and the Chief Corporate Officer, 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 Highway in accordance with the requirements of 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 proposed by-law.

3.         City Council direct Transportation Services staff to advise the public of the proposed closure of the Highway 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 at which the proposed by-law to close the Highway will be considered.

4.         City Council authorize the City to enter into an Agreement of Purchase and Sale with CN to purchase the Highway, subject to the retention of a permanent easement over Part 1 on Sketch No. PS-2004-001 for an existing 400mm watermain, in the amount of $191,000, substantially on the terms and conditions outlined in Appendix “A” attached to the report dated February 17, 2010, from the General Manager, Transportation Services and the Chief Corporate Officer.

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

6.         City Council authorize the City Solicitor to complete the transaction(s) 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 and conditions as she considers reasonable.

The Toronto and East York Community Council recommends that:

1.         City Council permanently close the unopened portion of Mill Street, shown as Part 1 on the Sketch No. PS-2004-001 (the “Highway”), attached as Appendix B to the report dated February 17, 2010, from the General Manager, Transportation Services and the Chief Corporate Officer, 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 Highway in accordance with the requirements of 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 proposed by-law.

3.         City Council direct Transportation Services staff to advise the public of the proposed closure of the Highway 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 at which the proposed by-law to close the Highway will be considered.

4.         City Council authorize the City to enter into an Agreement of Purchase and Sale with CN to purchase the Highway, subject to the retention of a permanent easement over Part 1 on Sketch No. PS-2004-001 for an existing 400mm watermain, in the amount of $191,000, substantially on the terms and conditions outlined in Appendix “A” attached to the report dated February 17, 2010, from the General Manager, Transportation Services and the Chief Corporate Officer.

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

6.         City Council authorize the City Solicitor to complete the transaction(s) 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 and conditions as she considers reasonable.

The General Manager, Transportation Services and the Chief Corporate Officer request that the unopened portion of Mill Street extending east of Overend Street be permanently closed and that the City enter into an Agreement of Purchase and Sale with Canadian National Railway Company (“CN”) for the sale of the public highway substantially on the terms and conditions outlined in Appendix “A” of this report.

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

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council permanently close the public lane abutting 11 to 31 Widmer Street and 299 and 303 Adelaide Street West, shown as Parts 1, 2 and 3 on Sketch No. PS-2010-024 (the “Lane”), attached to the revised report dated March 3, 2010, from the Director, Transportation Services, Toronto and East York District, subject to compliance with the requirements of the City of Toronto Municipal Code Chapter 162, and subject to City Council authorizing the sale of  a stratified interest in the Lane to Daniels HR Corporation (the “Applicant”).

2.         City Council authorize Transportation Services staff to give notice to the public 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 proposed 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 Web site 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 public lane abutting 11 to 31 Widmer Street and 299 and 303 Adelaide Street West, shown as Parts 1, 2 and 3 on Sketch No. PS-2010-024 (the “Lane”), attached to the revised report dated March 3, 2010, from the Director, Transportation Services, Toronto and East York District, subject to compliance with the requirements of the City of Toronto Municipal Code Chapter 162, and subject to City Council authorizing the sale of  a stratified interest in the Lane to Daniels HR Corporation (the “Applicant”).

2.         City Council authorize Transportation Services staff to give notice to the public 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 proposed 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 Web site 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.

Transportation Services requests that the public lane abutting 11 to 31 Widmer Street and 299 and 303 Adelaide Street West be permanently closed.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council authorize the permanent closure of the northeast corner of Lower Sherbourne Street shown as Part 1 on Sketch No. PS-2010-008 (the “Highway”), attached to the revised report dated March 4, 2010, from the Director, Transportation Services, Toronto and East York District, subject to:

a.         easement interests for the easements required by Hydro One, Toronto Hydro, Enbridge Gas and any other utility provider, if necessary, having been declared surplus in accordance with City of Toronto Municipal Code Chapter 213 and authority having been granted to convey the easements to Hydro One, Toronto Hydro, Enbridge Gas and any other utility provider, if necessary, in and over the closed Highway 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 Hydro One, Toronto Hydro, Enbridge Gas and any other utility provider, if necessary, of a proposed by-law to close the Highway 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 Highway 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 Highway will be considered.

The Toronto and East York Community Council recommends that:

1.         City Council authorize the permanent closure of the northeast corner of Lower Sherbourne Street shown as Part 1 on Sketch No. PS-2010-008 (the “Highway”), attached to the revised report dated March 4, 2010, from the Director, Transportation Services, Toronto and East York District, subject to:

a.         easement interests for the easements required by Hydro One, Toronto Hydro, Enbridge Gas and any other utility provider, if necessary, having been declared surplus in accordance with City of Toronto Municipal Code Chapter 213 and authority having been granted to convey the easements to Hydro One, Toronto Hydro, Enbridge Gas and any other utility provider, if necessary, in and over the closed Highway 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 Hydro One, Toronto Hydro, Enbridge Gas and any other utility provider, if necessary, of a proposed by-law to close the Highway 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 Highway 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 Highway will be considered.

The East Bayfront Class EA Master Plan contemplates that Lower Sherbourne Street will be realigned with Dockside Drive, south of Queens Quay East, in order to improve the road network and eliminate a skewed intersection.  This new road alignment will also permit the future buildout of Sherbourne Park North, which requires the closure of a section of roadway generally located in the southeast portion of Lower Sherbourne Street for incorporation into Sherbourne Park North.

Transportation Services recommends that the southeast portion of Lower Sherbourne Street be permanently closed.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council close the sidewalk and curb lane on the north side of Bloor Street West, between a point 108.4 metres west of Avenue Road and a point 12.7 metres further west, from December 1, 2009, to February 28, 2011.

2.         City Council implement a “No Stopping Anytime” regulation on the north side of Bloor Street West from a point 73.4 metres west of Avenue Road to a point 67.7 metres further west.

3.         City Council rescind the “No Stopping, 7:30 a.m. to 9:30 a.m. and 3:30 p.m. to 6:30 p.m., except Saturday, Sundays and Public Holidays” on the north side of Bloor Street West from a point 73.4 metres west of Avenue Road to a point 67.7 metres further west.

4.         City Council rescind the regulation authorizing the operation of parking machines/meters, from 9:30 a.m. to 3:30 p.m., 6:30 p.m. to 9:00 p.m. Monday to Friday; 8:00 a.m. to 9:00 p.m. Saturday; and 1:00 p.m. to 9:00 p.m. Sunday on the north side of Bloor Street West from a point 73.4 metres west of Avenue Road to a point 67.7 metres further west.

5.         City Council authorize staff to return Bloor Street West 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 close the sidewalk and curb lane on the north side of Bloor Street West, between a point 108.4 metres west of Avenue Road and a point 12.7 metres further west, from December 1, 2009, to February 28, 2011.

2.         City Council implement a “No Stopping Anytime” regulation on the north side of Bloor Street West from a point 73.4 metres west of Avenue Road to a point 67.7 metres further west.

3.         City Council rescind the “No Stopping, 7:30 a.m. to 9:30 a.m. and 3:30 p.m. to 6:30 p.m., except Saturday, Sundays and Public Holidays” on the north side of Bloor Street West from a point 73.4 metres west of Avenue Road to a point 67.7 metres further west.

4.         City Council rescind the regulation authorizing the operation of parking machines/meters, from 9:30 a.m. to 3:30 p.m., 6:30 p.m. to 9:00 p.m. Monday to Friday; 8:00 a.m. to 9:00 p.m. Saturday; and 1:00 p.m. to 9:00 p.m. Sunday on the north side of Bloor Street West from a point 73.4 metres west of Avenue Road to a point 67.7 metres further west.

5.         City Council authorize staff to return Bloor Street West to its pre-construction traffic and parking regulations when the project is completed.

Yorkville Construction Corporation is constructing a 19-storey combined commercial retail and residential condominium at 204-206 Bloor Street West, on the north side of Bloor Street West between Bedford Road and Avenue Road. For this reason, Transportation Services is seeking City Council approval to close the sidewalk and curb lane on the north side of Bloor Street West for 15 months.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council approve the application by Ritchie Ketcheson Hart and Biggard, on behalf of Roar Enterprises, for a cash payment-in-lieu of providing five parking spaces at 415-417 Spadina Road, in the amount of $25,000.00.

2.         City Council approve the requirement for the applicant to enter into an Agreement with the City of Toronto for the payment-in-lieu of five parking spaces at 415-417 Spadina Road, in the amount of $25,000.00.

The Toronto and East York Community Council recommends that:

1.         City Council approve the application by Ritchie Ketcheson Hart and Biggard, on behalf of Roar Enterprises, for a cash payment-in-lieu of providing five parking spaces at 415-417 Spadina Road, in the amount of $25,000.00.

2.         City Council approve the requirement for the applicant to enter into an Agreement with the City of Toronto for the payment-in-lieu of five parking spaces at 415-417 Spadina Road, in the amount of $25,000.00.

A developer is proposing to construct additions to the rear of the existing three-storey retail/office building to expand the café and office space uses.  The Zoning By-law would require the provision of five parking spaces in respect of the enlarged building, whereas zero parking spaces are proposed.  In view of this shortfall, the applicant has submitted an application to make a cash payment in-lieu of providing the required parking spaces.  Transportation Services staff support the application for cash payment-in-lieu of parking.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council approve the removal of a pedestrian crossover (PXO) from the west side at the intersection of Dundas Street West and Gladstone Avenue 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 west side at the intersection of Dundas Street West and Gladstone Avenue 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 Dundas Street West and Gladstone Avenue.

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 four parking spaces on Gladstone Avenue.

City Council on March 31 and April 1, 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.         permission to serve alcohol until 4:00 a.m. for the establishments listed in the letter (February 22, 2010) from Mike Tanner, Manager, Communications, for the North by Northeast Music and Film Festival and Conference from June 17 to June 21, 2010, and further that the following establishment be added to the list:

-           Thompson Toronto at 550 Wellington Street West;

2.         the following Beaches Festivals to be held in 2010:

-           Waterfront Blues at Woodbine Park - June 4, 5 and 6, 2010;

-           Beaches Canada Day Jam at Woodbine Park - July 1, 2010;

-           Beaches Jazz Festival at Woodbine Park - July 16, 17 and 18, 2010; and

-           Beaches Jazz Festival at Kew Gardens - July 24, 25 and 26, 2010;

3.          a temporary extension of the liquor licence for Saturday, June 12, 2010, from 11:00 a.m. to 11:00 p.m., with a licensed outdoor area, for the East York Curling Club's Annual Summer Bonspiel to be held on June 11 and 12, 2010 at 901 Cosburn Avenue;

4.          liquor licence extensions for The Fringe of Toronto Theatre Festival to be held from June 30 to July 11, 2010, including outdoor licensed patios at the following three venues:

-           The Parking Lot area behind Honest Ed's;

-           The Factory Theatre, 125 Bathurst Street; and

-           The Tarragon Theatre, 30 Bridgman Avenue;

5.          liquor extension for the St. Anthony's Church Annual Feast to be held on Saturday, June 12, 2010, from 3:00 p.m. to 1:00 a.m. and on Sunday, June 13, 2010, from 1:00 p.m. to 1:00 a.m. at 1041 Bloor Street West.

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.         permission to serve alcohol until 4:00 a.m. for the establishments listed in the letter (February 22, 2010) from Mike Tanner, Manager, Communications, for the North by Northeast Music and Film Festival and Conference from June 17 to June 21, 2010, and further that the following establishment be added to the list:

-           Thompson Toronto at 550 Wellington Street West;

2.         the following Beaches Festivals to be held in 2010:

-           Waterfront Blues at Woodbine Park - June 4, 5 and 6, 2010;

-           Beaches Canada Day Jam at Woodbine Park - July 1, 2010;

-           Beaches Jazz Festival at Woodbine Park - July 16, 17 and 18, 2010; and

-           Beaches Jazz Festival at Kew Gardens - July 24, 25 and 26, 2010;

3.         a temporary extension of the liquor licence for Saturday, June 12, 2010, from 11:00 a.m. to 11:00 p.m., with a licensed outdoor area, for the East York Curling Club's Annual Summer Bonspiel to be held on June 11 and 12, 2010 at 901 Cosburn Avenue;

4.         liquor licence extensions for The Fringe of Toronto Theatre Festival to be held from June 30 to July 11, 2010, including outdoor licensed patios at the following three venues:

-           The Parking Lot area behind Honest Ed's;

-           The Factory Theatre, 125 Bathurst Street; and

-           The Tarragon Theatre, 30 Bridgman Avenue;

5.         liquor extension for the St. Anthony's Church Annual Feast to be held on Saturday, June 12, 2010, from 3:00 p.m. to 1:00 a.m. and on Sunday, June 13, 2010, from 1:00 p.m. to 1:00 a.m. at 1041 Bloor Street West.

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

1.         Images Festival to be held from April 1-10, 2010, at the Workman Arts Theatre, 651 Dufferin Street from 10:00 a.m. to 12:00 a.m.

2.         PROJECTproject COMBUSTIONfestival to be held from May 24-29, 2010, from 7:00 p.m. to 12:00 a.m. at the Lower Ossington Theatre, 100A Ossington Avenue.

3.         The following Beaches Festivals to be held in 2010:

-           Waterfront Blues at Woodbine Park - June 4, 5 and 6, 2010;

-           Beaches Canada Day Jam at Woodbine Park - July 1, 2010;

-           Beaches Jazz Festival at Woodbine Park - July 16, 17 and 18, 2010; and

-           Beaches Jazz Festival at Kew Gardens - July 24, 25 and 26, 2010.

4.         The following events held by the Santa Cruz Church at 142 Argyle Street:

-           Holy Spirit Festival - June 26 and 27, 2010; and

-           Our Lady of the Angels - August 14 and 15, 2010.

5.         23rd Annual Portugal Week 2010 Festival to be held at Trinity Bellwoods Park on Saturday, June 5 and Sunday, June 6, 2010.

6.         North by Northeast Music and Film Festival and Conference to be held at various locations until 4:00 a.m. from June 17 to June 21, 2010.

7.         44th Annual CHIN International Picnic to be held on July 1, 3 and 4, 2010 from 12:00 noon to 12:00 midnight at various locations within Exhibition Place.

8.         The Fringe of Toronto Theatre Festival to be held from June 30 to July 11, 2010 at various locations in downtown Toronto.

9.         St. Anthony's Church Annual Feast to be held on Saturday, June 12, 2010, from 3:00 p.m. to 1:00 a.m., and on Sunday, June 13, 2010, from 1:00 p.m. to 1:00 a.m. at 1041 Bloor Street West.

10.       2010 Pride Festival to be held from June 25, 2010 to July 4, 2010.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council approve the request for a variance to permit the replacement of an existing illuminated ground sign containing both first and third party advertising, with a newly designed ground sign with both static and electronic static copy also containing first and third party advertising at the property within the Exhibition grounds, 2 Strachan Avenue (200 Manitoba Drive), subject to the proposed sign conforming to the following restrictions related to the illumination:

-           The sign shall not be up-lit.

-           The light shall not project onto any adjacent premises located in an R, RA, CR, I, or OS sign district.

-           The illumination shall not increase the light levels within 10.0 metres of all points of the sign face by more than 6.5 lux above the ambient lighting level.

-           The illumination shall not exceed 5,000 nits during the period between sunrise and sunset.

-           The illumination shall not exceed 500 nits during the period between sunset and sunrise.

2.         City Council require that approval be subject to the installation of renewable energy sources (e.g., photovoltaic on the sign structure itself and/or nearby structure(s) within Exhibition Place.

3.         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.

The Toronto and East York Community Council recommends that:

1.         City Council approve the request for a variance to permit the replacement of an existing illuminated ground sign containing both first and third party advertising, with a newly designed ground sign with both static and electronic static copy also containing first and third party advertising at the property within the Exhibition grounds, 2 Strachan Avenue (200 Manitoba Drive), subject to the proposed sign conforming to the following restrictions related to the illumination:

-           The sign shall not be up-lit.

-           The light shall not project onto any adjacent premises located in an R, RA, CR, I, or OS sign district.

-           The illumination shall not increase the light levels within 10.0 metres of all points of the sign face by more than 6.5 lux above the ambient lighting level.

-           The illumination shall not exceed 5,000 nits during the period between sunrise and sunset.

-           The illumination shall not exceed 500 nits during the period between sunset and sunrise.

2.         City Council require that approval be subject to the installation of renewable energy sources (e.g., photovoltaic on the sign structure itself and/or nearby structure(s) within Exhibition Place.

3.         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.

This report reviews and makes recommendations on a request by Steve Wolowich of Astral Media Outdoor, L.P., on behalf of The City of Toronto, Exhibition Place, for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit, for identification and third party advertising purposes, the replacement of an existing illuminated ground sign containing both first and third party advertising, with a newly designed ground sign with both static and electronic static copy also containing first and third party advertising at the property within the Exhibition grounds having a convenience address of 200 Manitoba Drive.

Staff recommends refusal of the application. The variance is not minor and not within the general intent and purpose of the Municipal Code.

City Council on March 31 and April 1, 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 Ocho, 193-195 Spadina Avenue (the “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 conditions are attached to the liquor licence.

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 be directed to take all necessary actions so as to give effect to this motion, including negotiating and recommending, in consultation with the Ward Councillor, the addition of conditions to any liquor licence issued for the Premises.

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 Ocho, 193-195 Spadina Avenue (the “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 conditions are attached to the liquor licence.

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 be directed to take all necessary actions so as to give effect to this motion, including negotiating and recommending, in consultation with the Ward Councillor, the addition of conditions to any liquor licence issued for the Premises.

Louise Foe Jien Choi has submitted an application for a new liquor licence to the Alcohol and Gaming Commission of Ontario (“AGCO”) for premises at 193-195 Spadina Avenue operating under the name of Ocho (the “Premises”). The applicant is seeking a liquor licence for a capacity of 93 persons on the main floor and 106 persons on the second floor.

The Premises is located on the corner of Pheobe Street which is residential. Any licensed establishment at this location will be situated in close proximity to several houses which is a cause for concern for local residents.  Their concerns relate in particular to noise, litter, safety and security, and other potential disturbances to residents in the area.

This application for a liquor licence is not in the public interest unless conditions, addressing the concerns of the community, are attached to the licence.

City Council on March 31 and April 1, 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 Fomo, 270 Adelaide Street West (the “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

Fomo - 270 Adelaide Street West, Toronto

Licence to Operate the Business:

a.         The applicant shall hold a valid business licence, issued by the City of Toronto, to operate a business of the class “restaurant".

Operating as a Restaurant:

b.         Food Service shall be available from the time of opening until at least 11:00 p.m. on all days that the Premises are open for business.

c.         The Licensee shall ensure that a seat is available for a majority (greater than 50%) of the approved occupancy, as specified on the liquor licence, during all hours of operation.

d.         The Licensee shall provide a telephone number for residents to register concerns or complaints.  This line will normally be answered by a staff member during the Licensee’s published hours of operation.  This line will be equipped with a functioning answering service for those periods when the Licensee’s staff is otherwise occupied and when the establishment is closed.

e.         The maximum size of any space made available as a dance floor shall at all times comply with the governing city by-law for restaurants.

Patron and Public Safety:

f.          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: Restaurant CCTV Requirements.doc., attached to the Member Motion from Councillor Adam Vaughan. The video surveillance system shall be checked prior to each opening to ensure that it is fully functional.

g.         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.

h.         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.

Impact on the Neighbourhood:

i.          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.

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

k.         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.

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

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 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.

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 Fomo, 270 Adelaide Street West (the “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

Fomo - 270 Adelaide Street West, Toronto

Licence to Operate the Business:

a.         The applicant shall hold a valid business licence, issued by the City of Toronto, to operate a business of the class “restaurant".

Operating as a Restaurant:

b.         Food Service shall be available from the time of opening until at least 11:00 p.m. on all days that the Premises are open for business.

c.         The Licensee shall ensure that a seat is available for a majority (greater than 50%) of the approved occupancy, as specified on the liquor licence, during all hours of operation.

d.         The Licensee shall provide a telephone number for residents to register concerns or complaints.  This line will normally be answered by a staff member during the Licensee’s published hours of operation.  This line will be equipped with a functioning answering service for those periods when the Licensee’s staff is otherwise occupied and when the establishment is closed.

e.         The maximum size of any space made available as a dance floor shall at all times comply with the governing city by-law for restaurants.

Patron and Public Safety:

f.          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: Restaurant CCTV Requirements.doc., attached to the Member Motion from Councillor Adam Vaughan. The video surveillance system shall be checked prior to each opening to ensure that it is fully functional.

g.         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.

h.         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.

Impact on the Neighbourhood:

i.          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.

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

k.         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.

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

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 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.

2203684 Ontario Inc. has submitted an application for a new liquor licence to the Alcohol and Gaming Commission of Ontario (“AGCO”) for premises at 270 Adelaide Street West operating under the name of Fomo (the “Premises”). The Premises has been the location of problematic nightclubs in the past. The applicant is seeking a liquor licence for a capacity of 98.

The Premises is located in the City’s entertainment district among a large concentration of night clubs. Area residents are concerned that any licensed establishment which has a history of problems for past licensees can only lead to problems in the future. Their concerns relate in particular to noise, litter, safety and security, and other disturbances to residents in the area.

This application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence.

City Council on March 31 and April 1, 2010, adopted the following:

1.         City Council authorize the City Solicitor to attend the Ontario Municipal Board hearing in support of the refusal of the variances 1, 2, 4 and 5, contained in the Notice of Decision from the Committee of Adjustment regarding 19 Humewood Drive, Toronto.

The Toronto and East York Community Council recommends that:

1.         City Council authorize the City Solicitor to attend the Ontario Municipal Board hearing in support of the refusal of the variances 1, 2, 4 and 5, contained in the Notice of Decision from the Committee of Adjustment regarding 19 Humewood Drive, Toronto.