Item - 2011.TE6.68

Tracking Status

  • City Council adopted this item on May 17, 2011 with amendments.
  • This item was considered by Toronto and East York Community Council on April 21, 2011. It is being forwarded to City Council without recommendations. It will be considered by City Council on May 17, 2011.

TE6.68 - Request by Maple Leaf Square to Use York Street and Bremner Boulevard Walkways for Restaurant Patios

Decision Type:
ACTION
Status:
Amended
Ward:
28 - Toronto Centre-Rosedale

City Council Decision

City Council on May 17, 18 and 19, 2011, adopted the following:

 

1.         City Council authorize the amendment to the existing Section 16 Agreement between the City and the owner of 15 York Street to permit two patios at Maple Leaf Square for two restaurants, one adjacent to Bremner Boulevard and one adjacent to York Street, generally as set out in Attachment 1 to the report (May 18, 2011) from the City Solicitor, with Attachment 1 amended by deleting from the Section, headed "Potential payment of $100,000.00 for park and streetscape improvements" the words "and (b) the patio is not required to be re-located from the location shown on the attached plan", so that this Section now reads as follows:

 

             "The Owner shall pay to the City a neighbourhood park and streetscape improvement payment in the amount of One Hundred Thousand Dollars ($100,000.00), provided the Owner has obtained the written approval of the Chief Planner permitting the Owner to install and maintain the York Street Patio for each further season during the life of the building,"

 

             and with such further technical changes as the City Solicitor may consider appropriate.

Background Information (Community Council)

(April 21, 2011) Letter from Councillor Pam McConnell - Request by Maple Leaf Square to Use York Street and Bremner Boulevard Walkways for Restaurant Patios.
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-37611.pdf

Background Information (City Council)

(May 18, 2011) Supplementary report from the City Solicitor on 15 York Street, permission for restaurant patios with the public walkway
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-38251.pdf

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Pam McConnell (Carried)

That City Council adopt the following recommendation contained in the report (May 18, 2011) from the City Solicitor amended to read as follows [TE6.68a]:

 

1.         City Council authorize the amendment to the existing Section 16 Agreement between the City and the owner of 15 York Street to permit two patios at Maple Leaf Square for two restaurants, one adjacent to Bremner Blvd. and one adjacent to York Street, generally as set out in Attachment 1 to this report, with Attachment 1 amended by deleting from the section headed "Potential payment of $100,000.00 for park and streetscape improvements" the words "and (b) the patio is not required to be re-located from the location shown on the attached plan", and with such further technical changes as the City Solicitor may consider appropriate.

Vote (Adopt Item as Amended) May-19-2011 9:48 AM

Result: Carried Majority Required - TE6.68 - McConnell - motion 1 - Item as amended
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 9 Members that were absent are Josh Colle, Glenn De Baeremaeker, John Filion, Chin Lee, Gloria Lindsay Luby, Peter Milczyn, Ron Moeser, David Shiner, Michael Thompson

TE6.68 - Request by Maple Leaf Square to Use York Street and Bremner Boulevard Walkways for Restaurant Patios

Decision Type:
ACTION
Status:
Without Recs
Ward:
28 - Toronto Centre-Rosedale

Community Council Recommendations

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

Decision Advice and Other Information

The Toronto and East York Community Council requested:

 

1.         The City Solicitor, in consultation with Planning staff, to report to the May 17, 2011 meeting of City Council on the request by Maple Leaf Sports & Entertainment ("MLSE") to permit two patios at Maple Leaf Square for two restaurants, one adjacent to Bremner Boulevard. (the "Bremner Patio") and one adjacent to York Street (the "York Patio") (collectively, the "Patios").

 

2.         The Ward Councillor to consult with the local community, City Staff and MLSE to discuss the request and determine such conditions as may be appropriate, including but not limited to:

 

a.         a $100,000 payment as an alternative amenity in the form of a payment for improvements to local parkland and streetscape improvements;

 

b.         a requirement that MLSE pursue the permission of the Alcohol and Gaming Commission of Ontario for an alternative patio location on York Street for the York Patio, where such patio is located adjacent to the existing planter and permits a weather protected pedestrian walkway; and

 

c.         that this consultation also include discussion of conditions such as patio width, length of the patio season, permanency of any structure erected, and the number of seasons that this agreement would be in effect.

Origin

(April 21, 2011) Letter from Councillor Pam McConnell, Ward 28, Toronto Centre-Rosedale

Summary

This motion is to request City Staff to report upon a request by MLSE, part owner of Maple Leaf Square at 15 York Street, for permission to locate two patios within areas designated as walkways on Bremner Boulevard. and York Street.  MLSE is hopeful that it could open the Patios for business as soon as possible this summer but the site specific zoning by-law, the approved site plan and the development Agreement (the "Section 16 Agreement") for Maple Leaf Square require pedestrian walkways in the location of the Patios. MLSE has therefore requested, by letter dated April 19, 2011, to the City Legal Department, support for amendments to the site plan and Section 16 Agreement and variances to the existing zoning to permit the Patios.  MLSE and the Ward Councillor are in discussions regarding an alternative amenity, as well as the details of the Patio operations and related matters.

Background Information

(April 21, 2011) Letter from Councillor Pam McConnell - Request by Maple Leaf Square to Use York Street and Bremner Boulevard Walkways for Restaurant Patios.
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-37611.pdf

Motions

1 - Motion to Add New Business at Committee moved by Councillor Pam McConnell (Carried)

2 - Motion to Amend Item moved by Councillor Pam McConnell (Carried)

That the Toronto and East York Community Council:

 

1.         Submit this item to Council without recommendation.

 

2.         Request City Legal staff, in consultation with Planning staff, to report to the May 17, 2011 meeting of Council on the request by Maple Leaf Sports & Entertainment ("MLSE") to permit two patios at Maple Leaf Square for two restaurants, one adjacent to Bremner Blvd. (the "Bremner Patio") and one adjacent to York Street (the "York Patio") (collectively, the "Patios").

 

3.         Request the local Councillor to consult with the local community, City Staff and MLSE to discuss the request and determine such conditions as may be appropriate, including but not limited to:

 

a.         a $100,000 payment as an alternative amenity in the form of a payment for improvements to local parkland and streetscape improvements;

 

b.         a requirement that MLSE pursue the permission of the Alcohol and Gaming Commission of Ontario for an alternative patio location on York Street for the York Patio, where such patio is located adjacent to the existing planter and permits a weather protected pedestrian walkway; and

 

c.         that this consultation also include discussion of conditions such as patio width, length of the patio season, permanency of any structure erected, and the number of seasons that this agreement would be in effect.

Source: Toronto City Clerk at www.toronto.ca/council