Medical marijuana plant decision headed to court

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The town of Richmond Hill may soon welcome a plant for the growing and distribution of medical marijuana — but it will have to wait on an Ontario Superior Court of Justice decision to determine the appropriateness of that use for the site at 75 Newkirk Rd.

To the disappointment and frustration of Dyma Inc., a Markham-based company that produces medical marijuana, the town has deemed their proposed plant an agricultural property, ill-fitting with the industrial zoning on Newkirk Road.

“Our client’s use is not agricultural in nature,” said Laura Bowman, the lawyer representing Dyma Inc. “Even if it was, the definition of industrial use is broad enough to include it. Agricultural use is not … excluded from the definition of industrial use, which includes the making of any article or substance. The uses at the subject site would include the cultivation, drying, curing, testing, packaging and storage of medical [marijuana.]”

Chief business development officer for Dyma, Niki Spence, indicated that some of the legal runaround may come from a stigma surrounding medical cannabis use.

“Municipal staff need to be properly informed,” said Spence. “Stigma of [medical marijuana] keeps staff fearful of [the] unknown.”

“You may have the law on your side, but it would be an offence to some residents.”

Dyma says that their facility would provide meaningful employment opportunities for residents of York Region. Bowman stressed to the town that locating the plant further away would result in higher courier costs for medical marijuana patients who use the substance for ailments such as vision impairment and chronic pain.

Councillors at a recent public meeting did note a possible stigma being attached to the facility. “It’s just too fresh, it’s just too new,” said local and regional councillor Brenda Hogg. “You may have the law on your side, but it would be an offence to some residents.”

Councillor Carmine Perrelli, whose ward houses the site, disagreed. “A lot of lives have been changed by … this medical use of marijuana.”

Midtown bus land back in use

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The Toronto Transit Commission’s (TTC) bus garage site at 24 Eglinton Ave. W. is bustling a little with life these days, but it’s still only a shadow of what Ward 22 councillor Josh Matlow envisions there for the future.

The property has been a bit of an eyesore in recent times, although it is now clad with Metrolinx panels, thanks to work by the councillor, to give temporary purpose to the land there. Behind those panels is the current staging grounds for the Eglinton Crosstown light rail transit (LRT) line construction. Matlow says it is a decent use for the site, for the time being.

“It’s finally something better than a vacant, dirty lot. It looks like it has a purpose now,” Matlow said about the property being used as a staging ground. “But it’s not what it should be, and I will continue advocating for a great public space there because that’s what great cities do.”

The property will continue as a staging ground until LRT work is complete, several years down the road, but Matlow said he doesn’t want that interim to slip by without working on development plans.

“Even if it’s 2020 [before LRT work there is done], it’s not that far off, and we have to keep on it,” he said. “Yonge and Eglinton for too many years has been built up as a concrete and glass tunnel, and that has to stop by creating a world-class public spot there (at 24 Eglinton Ave. W.).”

The land was due to be declared surplus in 2012, but that has been put on hold for the time being. Matlow said, once the impending municipal election is over and a new chair for the TCC is selected, that discussion of when the land will be declared surplus will begin again.

Eglinton Lawrence transit on track

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Despite much of the doom and gloom in our city when discussing our transportation issues, Eglinton-Lawrence is on track for better transit.

Relieving congestion and improving transit are undoubtedly top of mind for many Toronto residents, but it is important that we highlight some of the progress being made. We have machines in the ground connecting us east, west, north and south; in 2020, the Eglinton Crosstown will be completed; in 2016 the University subway line that serves much of Ward 15 will connect north to York University; this fall, Lawrence West station will be fully accessible; and today we have better bus service because of new articulated buses on Dufferin and Bathurst.

These improvements haven’t come without challenges. For example, drivers who use Allen Road or Eglinton Avenue West are caught between construction challenges and the promised transit utopia. We have worked to ensure that the Allen remains open during construction. I have insisted that analysis conducted on benefits to construction timelines through an Allen closure must assess how such a closure would impact the Lawrence-Allen intersection’s other major roads.

Although we are making strides to improve our transportation network, it is essential that we do not rest on our laurels. We must press forward on local improvements to our transportation network.

All of these improvements are connecting our community; however, as a rapidly growing city, we need to do more. It is clear that we must never stop building transit or celebrating our accomplishments.

Group aims to protect Bayview Avenue

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Toronto City Council has approved Ward 25 councillor Jaye Robinson’s plans to establish a Bayview Avenue traffic working group, and once that body takes its shape, a new vision for the stretch from Lawrence Avenue East to Highway 401 will begin to form.

“This ward I represent is made up of highly desirable neighbourhoods, and that has actually put a lot of pressure on the area,” Robinson said. “This traffic group, in conjunction with the Bayview Avenue Design Guidelines Study, will begin to guide how this future development takes shape.”

She said the neighbourhood is in a constant flux as new developments and proposals sprout up, bringing with them more traffic and infrastructure pressure.

“As Bayview develops, that starts to put pressure on those neighbourhoods, and we want to avoid that [traffic] creep on to the side streets,” she said, adding that public discussions about Bayview design guidelines are always monopolized by traffic concerns.

“I would say Bayview is under siege right now.”

“So we will create this subcommittee to deal specifically with traffic. People are seeing this intensification and hear the proposals and get worried about the traffic that comes with it. I would say Bayview is under siege right now, and we want to help guide responsible development here,” she added.

The design guidelines study is well underway with a two working group meetings under its belt since the start of 2014. Robinson said she hopes to start holding the first of the traffic study working group meetings in June or early July. She said the most important thing right now for the success of the traffic group is to gather community partners.

“We want community leaders, stakeholders from local institutions, the residents,” she said. “We want this to be an inclusive process, so the more, the merrier.”
Robinson said she will be sending out invitations and meeting notifications shortly for people to get involved.

Avenue & Wilson school field safe for now

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The Committee of Adjustment turned down a request from the Toronto District School Board (TDSB) to sell off part of the green space at the Bannockburn School. Despite this, many are still anticipating an appeal or proposals to sever other school lots.

“We don’t know if there are other schools in the ward that are on the chopping block,” said Trish McMahon, a local parent who rallied against the sale. “They make these decisions behind closed doors.”

The idea to sell off parcels of land deemed as surplus was first leaked in late 2012, and last October the plan to sell off Bannockburn’s space came to light. The plan was met with opposition from the community, who say that the green space is one of the most vital hubs in the area.

“This green space is used heavily by the community,” said Alyssa Berenstein, who co-ordinates the Armour Heights Baseball League. “While the TDSB may have deemed it surplus, this space is heavily used.”

Member of provincial parliament Mike Colle says that taking away green space in the area is completely wrong, considering the neighbourhood is already operating on a shortage of it. “There’s intensification everywhere,” he said. “Whatever open space we had, it’s critical that there’s greater protection.”

“They made these decisions behind closed doors.”

Colle felt the school board should have included members of the community in discussions: “They’ve got to consult, they’ve got to explore all options — they didn’t do this.”

The TDSB has 90 days to appeal the committee’s decision to the Ontario Municipal Board. Berenstein says that she and her neighbours are attempting to remain realistic. “We are preparing for the next ground swell in case they decide to appeal,” she said.

But Coun. Karen Stintz said she would be surprised if the board decided to appeal. “Given the city’s interest in working with the school board on keeping this land parkland and the community outrage, plus the fact that the process wasn’t followed, I would be shocked,” she said.

The TDSB did not return calls for comment.

Casa Loma wedding might set record

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Toronto’s true colours will be on display for the world later this month when Casa Loma plays host to what could be a record-setting wedding.

Ward 27 councillor Kristyn Wong-Tam announced in early May that the City of Toronto would create the Grand Pride Wedding at one of the country’s only castles, scheduled for June 26, during the 10-day WorldPride celebration. Hoping to host 200 lesbian, gay, bisexual or transgender (LGBT) couples, if successful, Toronto would set a new world record for the largest mass gay wedding by breaking Rio de Janeiro’s December 2013 mark of 130 couples.

Wong-Tam said that by mid-May the event had already garnered inquiries from 130 couples and 67 had already registered, representing creeds and nations far afield. Not only are they rolling in from across Canada, participants already represent nations such as the United States, Mexico, the Philippines, Ghana, China and Madagascar.

“We’ve been able to capture the attention of people around the world,” Wong-Tam said. “It speaks to the testament that the city is a beautiful, inclusive place that welcomes all, and that’s the message we hope to send out to the world.”

$80 mil for as-of-right density

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Despite being the country’s largest property sale of 2013 according to the Financial Post, the recently purchased Bayview Village shopping centre and the surrounding lands are not up for development any time soon.

“I’m keeping my eyes on that closely,” said Ward 24 councillor David Shiner. “We’ve had no contact at this point, but I do look forward to hearing from the developer soon about what may happen there. A lot of people are curious."

Bought for a reported $500 million by British Columbia Investment Management Corporation (bcIMC), besides the more-than 400,000-square-foot, high-end shopping mall, there are lands included with the purchase along Sheppard Avenue that, under the City of Toronto’s official plan are available for residential development, almost directly across from the Arc condominiums at 2885 Bayview Ave. A reported $80 million of the purchase price is attributed to the as-of-right density of 280 additional residential and commercial units allowable there under the city’s official plan.

City planning officials also say at this point no contact has been made about improvements to the mall or for residential development. Shiner said residential development on top of the mall would not be possible under the official plan and zoning there; however, he added that a residential building similar to the Arc might fit in very well there.

“Whatever building may appear there must be lower rise at the intersection [of Bayview Avenue and Sheppard Avenue] but can increase to 15 storeys [along Sheppard, by the subway station there],” he explained.

Asked about plans they may have for their purchase or a timeline for development, the developer’s senior media relations specialist Jennifer Kwan offered no information about any residential development potential, but did say that “bcIMC will continue to operate the property as one of Canada’s top sales-producing shopping malls with the aim of ensuring its potential as a long-term, cash-flowing investment asset is maximized for our clients.”

Familiar foes face off

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In February, local optometrist and community activist Gila Martow was first elected as a member of provincial parliament for the Thornhill riding. She beat out local councillor Sandra Yeung Racco in a byelection to replace former member of provincial parliament Peter Shurman following his resignation. Now following the general election triggered by the provincial New Democrats and Conservatives, Martow and Yeung Racco are once again fighting for the title of Thornhill’s member of provincial parliament.

Yeung Racco, a Liberal, says that she’s hit the pavement with a renewed sense of energy from the byelection. “At that time, it was so cold, nobody wanted to come out and vote,” she joked.

Weather aside, she thinks that the issues are at the forefront of voters’ minds more than they were in February. “People are frankly scared of the plan that [Conservative leader Tim] Hudak has.”

But Martow, a Conservative, thinks that a number of scandals over the Liberals’ past decade of rule will deter Ontarians. She focused largely on the controversial cancellation of two GTA gas plants.

“Hazel McCallion said ‘It’s water under the bridge.’ A billion dollars is water under the bridge?” asked Martow.

Both candidates are focused on clearing up congestion on GTA roads. Yeung Racco is inspired by transit systems around the world such as Hong Kong’s. “We want to provide a system that is seamless,” she said. “Walk out of your house and get to a stop in two to five minutes.”

Martow is not as keen on surface transit and would rather focus on subways. “Shouldn’t we have the Yonge Street extension or the Downtown Relief Line instead of dedicated bus lanes?” she asked in light of the recent announcement of dedicated bus lanes, which would be added on Yonge Street through Richmond Hill and Aurora.

Though polls have gone back and forth showing both the Liberals and the Conservatives taking a minority government, Martow thinks the NDP’s performance may shock some.

“I would not be shocked to see them in official opposition,” she said.

Charity box theft shocks locals

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Days after a video of the theft of a cancer charity box from a Richmond Hill restaurant went viral, a woman has turned herself in.

On May 23, a 63-year-old woman from Richmond Hill turned herself in to the York Regional Police [YRP] #2 District Headquarters and was placed under arrest. She was charged with theft under $5,000 and possession of a property obtained by crime under $5,000. Police say the accused grabbed the charity box after placing her order, while the employee’s back was turned. When a security video of the brazen crime surfaced, locals were horrified.

There is no word yet from YRP on whether or not the amount stolen has been recovered and whether or not it will be returned to the charity.

Canac site revitalization conflict could be resolved

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For nearly four years, a revitalization study by the City of Markham for the Thornlea area has caused controversy and has resulted in numerous conflicts and delays. Now, Coun. Howard Shore is trying to ensure that some progress can finally be made.

In 2011, staff began to examine ways to improve the industrial area, which includes the former Canac Kitchens site. In late 2013, the business community rallied against some of the resulting recommendations, stating that they didn’t feel consulted.

“[Businesses] freaked out,” said Shore. “They said we were taking away their rights.”

Shore and the committee for the project went back to the drawing board and expanded the working group, but it has still been met with resistance from business representatives.

“The residents had tabled, back in March, their position,” said Shore. But they were still waiting on a response from the business community. “It would be productive and helpful if we had a response,” he said, stating that it would help the upcoming meeting be more productive.

In May, Shore tabled a notice of motion to ask for a staff report on the site and a request for recommendations and direction.

“I didn’t put anything substantive. It was to give staff direction to come back to development services after the next meeting [June 9] with whatever their recommendations are.”

He has left the door open for the business representatives to come forward before that date, but he is not optimistic.

“Given that one party is moving forward and one is moving backwards, it doesn’t look like there’s going to be a meeting of the minds. If they come forward, I am more than happy to withdraw my motion, and we can dedicate that whole next meeting to discussing.”

Development manager Ron Blake says that it will still be an uphill struggle from here. “This [motion requesting direction] is really the first sort of hurdle that needs to be decided,” said Blake.

But Shore said it must be done. “Council — no, forget council — the community deserves to have a resolution.”

Area library celebrates centenary

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toronto public library cybersecurity — Wychwood library

In 2016 Wychwood Library will be celebrating its centenary, an occasion to not only acknowledge the past, but also to look forward to the future as we continue creating and building spaces that connect our residents and strengthen the community.

From its earliest days, the library has always been a hub within Ward 21, going beyond its primary purpose of sourcing books and providing research.

It has been a gathering place for residents from all walks of life who have appreciated its unique architecture, rich history and quaint atmosphere.

With the city funding for libraries being cut, we must ensure that we don’t lose sight of the value that these institutions bring to our lives and to our city. I am committed to working toward investing in libraries and ensuring that they remain relevant in a world overwhelmed by technology.

With the library’s centenary in 2016, there will be an expansion and a development project that will take the library to the next level. Funding from the Library Capital Budget, Section 37 and development charges will go a long way in helping to improve facilities within the library itself and will also allow for the addition of a seniors’ centre.

This exciting project will guarantee that the library remains sustainable and continues to cater to the needs of an ever-increasing senior population.

Residents will have an opportunity to participate in a number of community consultations ensuring that together we create a vision for the Wychwood Library that honours the past and welcomes the future.

A guide to the Committee of Adjustment

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Residents occasionally see a new home go up that is larger than what is set out in the applicable bylaw.

How can this be? Why doesn't the city just come along with a wrecking ball and demolish the offending structure? Welcome to the Committee of Adjustment.

The committee is a tribunal established under the Planning Act, a provincial statute. Its powers are derived directly from the province. They are not derived from the city. In fact, they override the authority of the municipality altogether and are not subject to review by council.

The power of the committee to grant variances from provisions of a local bylaw is set out in subsection 45(1) of the act. Its application is subject to what is colloquially referred to as “the four tests”:

• Is the proposed variance “minor”?

• Is the proposed variance “desirable” for the appropriate development or use of the land?

• Is the “general intent and purpose of the bylaw” maintained?

• Is the “general intent and purpose of the official plan” maintained?

Interested persons are entitled to participate in committee proceedings. Sometimes this takes the form of oral submissions in person, but more often it takes the form of letters and petitions. The most effective submissions reflect an understanding of the four tests.

As a former Committee of Adjustment chair, I can often advise residents on Committee of Adjustment practice and procedure. Feel free to contact me at [email protected] if you are a Ward 26 resident who is contemplating a Committee of Adjustment application or intervention.