Item - 2013.TE25.3

Tracking Status

TE25.3 - Final Report - Queen Street West (between Roncesvalles Avenue and Dufferin Street) - Restaurant Study

Decision Type:
ACTION
Status:
Amended
Ward:
14 - Parkdale-High Park

City Council Decision

City Council on July 16, 17, 18 and 19, 2013, adopted the following:

 

1.         City Council amend Zoning By-law 438-86, as amended, substantially in accordance with the draft Zoning By-law amendment attached as Attachment No. 3 to the report (May 24, 2013) from the Director, Community Planning, Toronto and East York District.

 

2.         City Council amend Zoning By-law 569-2013 substantially in accordance with the draft Zoning By-law amendment attached as Attachment No. 4 to the report (May 24, 2013) from the Director, Community Planning, Toronto and East York District.

 

3.         City Council direct that staff continue to investigate means of restricting the concentration of licensed restaurants and bars on Queen Street West and that the Director, Community Planning, Toronto and East York District report back to Toronto and East York Community Council in the first quarter of 2014 on whether it is feasible to enact such restrictions and the regulatory and administrative changes necessary to effectively implement them.

 

4.         If it is feasible for the City of Toronto to restrict the concentration of licensed restaurants and bars on Queen Street West, City Council direct the Director, Community Planning, Toronto and East York District to report back to Toronto and East York Community Council on appropriate amendments to the zoning by-law implemented for the Study Area including limits on the concentration provisions for licensed establishments only.

 

5.         Within three years of the concentration provisions of the attached by-laws coming into force and effect, City Council direct the Director, Community Planning, Toronto and East York District in consultation with the local BIA, resident association and Ward Councillor, to report back to Toronto and East York Community Council on the impact of the concentration provisions of the by-laws.

 

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

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(May 24, 2013) Report from the Director, Community Planning, Toronto and East York District - Queen Street West (between Roncesvalles Avenue and Dufferin Street) - Restaurant Study - Final Report
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-59243.pdf
Attachment No. 4 - Draft By-law to Amend Zoning By-law No. 569-2013 - Final Report - Queen Street West (between Roncesvalles Avenue and Dufferin Street) - Restaurant Study
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-59634.pdf

Communications (Community Council)

(April 26, 2013) E-mail from Steven A. Zakem, Aird & Berlis LLP (TE.Main.TE25.3.1)
(June 6, 2013) E-mail from Peter Welsh (TE.Supp.TE25.3.2)
(June 7, 2013) E-mail from Tracy Ford (TE.Supp.TE25.3.3)
(June 7, 2013) E-mail from Jeremy Kesten (TE.Supp.TE25.3.4)
(June 6, 2013) E-mail from Norman Kolasky and Brian Torry, Co-Chairs, Roncesvalles-Macdonell Residents' Association, in support of attached letter(April 26, 2013) from Victor Willis, The Neighbourhood Land Trust (TE.Supp.TE25.3.5)
(June 10, 2013) E-mail from Edward Bozzo (TE.Supp.TE25.3.6)
(June 11, 2013) E-mail from Gwen McDonald (TE.Supp.TE25.3.7)
(June 11, 2013) E-mail from Ric Amis (TE.Supp.TE25.3.8)
(June 12, 2013) E-mail from Nicholas Morgan (TE.Supp.TE25.3.9)
(June 12, 2013) E-mail from Edgardo Sepulveda (TE.Supp.TE25.3.10)
(June 14, 2013) E-mail from Steven A. Zakem, Aird & Berlis LLP (TE.Supp.TE25.3.11)
(June 18, 2013) E-mail from Ric Amis (TE.Supp.TE25.3.12)

Communications (City Council)

(July 7, 2013) E-mail from Sheila A. Lippiatt (CC.Main.TE25.3.13)
(July 15, 2013) E-mail from Tony Elenis, President and Chief Executive Officer, Ontario Restaurant Hotel and Motel Association and Debra DeMonte, Toronto Restaurant Region, Chair (CC.New.TE25.3.14)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-39109.pdf
(July 15, 2013) Letter from Peter Thoma, Partner, UrbanMetrics inc. (CC.New.TE25.3.15)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-39110.pdf

Motions (City Council)

1 - Motion to Receive Item moved by Councillor Doug Ford (Lost)
That the item be received for information.

Vote (Receive Item) Jul-19-2013 3:43 PM

Result: Lost Majority Required - TE25.3 - Ford - motion 1 - Receive the item
Total members that voted Yes: 12 Members that voted Yes are Paul Ainslie, Mike Del Grande, Frank Di Giorgio, Doug Ford, Mark Grimes, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Denzil Minnan-Wong, Cesar Palacio, Anthony Perruzza, Michael Thompson
Total members that voted No: 21 Members that voted No are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Glenn De Baeremaeker, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, John Parker (Chair), Gord Perks, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 12 Members that were absent are Gary Crawford, Vincent Crisanti, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Chin Lee, Giorgio Mammoliti, Frances Nunziata, James Pasternak, David Shiner

2 - Motion to Amend Item moved by Councillor Kristyn Wong-Tam (Carried)

That City Council amend Toronto and East York Community Council Recommendation 5 by inserting the words "in consultation with the local BIA, resident association and Ward Councillor" after the word "District" so that Recommendation 5 now reads as follows:

 

 

5.         Within three years of the concentration provisions of the attached by-laws coming into force and effect, City Council direct the Director, Community Planning, Toronto and East York District in consultation with the local BIA, resident association and Ward Councillor, to report back to Toronto and East York Community Council on the impact of the concentration provisions of the by-laws.

Vote (Amend Item) Jul-19-2013 3:45 PM

Result: Carried Majority Required - TE25.3 - Wong-Tam - motion 2
Total members that voted Yes: 27 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Paul Ainslie, Doug Ford, Mark Grimes, Doug Holyday, John Parker (Chair)
Total members that were Absent: 13 Members that were absent are Gary Crawford, Vincent Crisanti, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Frances Nunziata, James Pasternak, David Shiner

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-19-2013 3:46 PM

Result: Carried Majority Required - TE25.3 - Adopt item as amended
Total members that voted Yes: 22 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Cesar Palacio, John Parker (Chair), Gord Perks, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 10 Members that voted No are Paul Ainslie, Josh Colle, Mike Del Grande, Frank Di Giorgio, Doug Ford, Mark Grimes, Doug Holyday, Denzil Minnan-Wong, Anthony Perruzza, Michael Thompson
Total members that were Absent: 13 Members that were absent are Gary Crawford, Vincent Crisanti, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Frances Nunziata, James Pasternak, David Shiner

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Frances Nunziata - as her brother represents the restaurant industry.

TE25.3 - Final Report - Queen Street West (between Roncesvalles Avenue and Dufferin Street) - Restaurant Study

Decision Type:
ACTION
Status:
Amended
Ward:
14 - Parkdale-High Park

Statutory - Planning Act, RSO 1990

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council amend Zoning By-law 438-86, as amended, substantially in accordance with the draft Zoning By-law amendment attached as Attachment No. 3 to the report (May 24, 2013) from the Director, Community Planning, Toronto and East York District.

 

2.         City Council amend Zoning By-law 569-2013 substantially in accordance with the draft Zoning By-law amendment attached as Attachment No. 4 to the report (May 24, 2013) from the Director, Community Planning, Toronto and East York District.

 

3.         City Council direct that staff continue to investigate means of restricting the concentration of licensed restaurants and bars on Queen Street West and that the Director, Community Planning, Toronto and East York District report back to Toronto and East York Community Council in the first quarter of 2014 on whether it is feasible to enact such restrictions and the regulatory and administrative changes necessary to effectively implement them.

 

4.         If it is feasible for the City of Toronto to restrict the concentration of licensed restaurants and bars on Queen Street West, City Council direct the Director, Community Planning, Toronto and East York District to report back to Toronto and East York Community Council on appropriate amendments to the zoning by-law implemented for the Study Area including limits on the concentration provisions for licensed establishments only.

 

5.         Within three years of the concentration provisions of the attached by-laws coming into force and effect, City Council direct the Director, Community Planning, Toronto and East York District, to report back to Toronto and East York Community Council on the impact of the concentration provisions of the by-laws.

 

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

Decision Advice and Other Information

The Toronto and East York Community Council requested the Director, Community Planning, Toronto and East York District, to consider as part of the Queen Street East Planning Study, the recommendations contained in the report (May 24, 2013) headed "Final Report - Queen Street West (between Roncesvalles Avenue and Dufferin Street) - Restaurant Study".

 

The Toronto and East York Community Council held a statutory public meeting on June 18, 2013, and notice was given in accordance with the Planning Act.

Origin

(May 24, 2013) Report from the Director, Community Planning, Toronto and East York District

Summary

This proposal is to amend the Zoning By-law with respect to implementing additional restrictions on restaurants and related uses on Queen Street West between the east side of Roncesvalles Avenue and the west side of Dufferin Street (the Study Area) in Ward 14.

 

Staff recommend a number of amendments to the Zoning By-law which seek to balance the interests of area residents and businesses and address concerns related to the degree of concentration of restaurants and bars along this section of Queen Street West as well as the changing nature of some restaurants which function more like bars later in the evening.  The cumulative effects of the amendments aim to limit the overall impacts of restaurants and related uses on the adjacent residential and commercial uses, while still allowing opportunities for new restaurants and related uses to open and for the expansion of existing uses.

 

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

Background Information

(May 24, 2013) Report from the Director, Community Planning, Toronto and East York District - Queen Street West (between Roncesvalles Avenue and Dufferin Street) - Restaurant Study - Final Report
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-59243.pdf
Attachment No. 4 - Draft By-law to Amend Zoning By-law No. 569-2013 - Final Report - Queen Street West (between Roncesvalles Avenue and Dufferin Street) - Restaurant Study
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-59634.pdf

Communications

(April 26, 2013) E-mail from Steven A. Zakem, Aird & Berlis LLP (TE.Main.TE25.3.1)
(June 6, 2013) E-mail from Peter Welsh (TE.Supp.TE25.3.2)
(June 7, 2013) E-mail from Tracy Ford (TE.Supp.TE25.3.3)
(June 7, 2013) E-mail from Jeremy Kesten (TE.Supp.TE25.3.4)
(June 6, 2013) E-mail from Norman Kolasky and Brian Torry, Co-Chairs, Roncesvalles-Macdonell Residents' Association, in support of attached letter(April 26, 2013) from Victor Willis, The Neighbourhood Land Trust (TE.Supp.TE25.3.5)
(June 10, 2013) E-mail from Edward Bozzo (TE.Supp.TE25.3.6)
(June 11, 2013) E-mail from Gwen McDonald (TE.Supp.TE25.3.7)
(June 11, 2013) E-mail from Ric Amis (TE.Supp.TE25.3.8)
(June 12, 2013) E-mail from Nicholas Morgan (TE.Supp.TE25.3.9)
(June 12, 2013) E-mail from Edgardo Sepulveda (TE.Supp.TE25.3.10)
(June 14, 2013) E-mail from Steven A. Zakem, Aird & Berlis LLP (TE.Supp.TE25.3.11)
(June 18, 2013) E-mail from Ric Amis (TE.Supp.TE25.3.12)

Speakers

Sheila A. Lippiatt

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Paula Fletcher (Carried)

That the Toronto and East York Community Council recommend that City Council adopt the recommendations in the report May 24, 2013, from the Director, Community Planning, Toronto and East York District, subject to adding the following:

 

1.         The Director, Community Planning, Toronto and East York District, be requested to consider as part of the Queen Street East Planning Study, the recommendations contained in the report (May 24, 2013) headed "Final Report - Queen Street West (between Roncesvalles Avenue and Dufferin Street) - Restaurant Study."


2 - Motion to Adopt Item as Amended moved by Councillor Gord Perks (Carried)

Vote (Adopt Item as Amended) Jun-18-2013

Result: Carried Majority Required
Total members that voted Yes: 10 Members that voted Yes are Ana Bail„o, Janet Davis, Paula Fletcher (Chair), Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Gord Perks, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 2 Members that were absent are Mary Fragedakis, Joe Mihevc
Source: Toronto City Clerk at www.toronto.ca/council