Fall 2008 Edition

The Kingsway Park Ratepayers Inc. (KPRI) Newsletter

Representing the Sunnylea & Kingsway Areas
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www.kingswayratepayers.com
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Take Your Best Shot and Stop the Old Mill Parking Lot Redevelopment
Campaign To Stop the Proposed Old Mill 10-storey Condominium on Greenspace along the Humber, Canadas 26th Heritage River. GET INVOLVED!
By: Anna Traer KPRI Director WILL CITY COUNCIL SERVE and PROTECT Torontos Greenspace system and the historical, cultural, heritage and tourist interests of the Old Mill area? The Communitys resolve has not waned. Kingsway Park Ratepayers Inc., Toronto Historical Association, numerous ratepayers, residents and heritage groups and residents continue the campaign to stop the proposed development of a 10-storey condominium across the street from the historic Old Mill Inn. Despite Councils vote in favour of the development on March 4, 2008, efforts are being made to reopen the matter before Council for further debate on the grounds that prior to the vote: 1. Council did not request or receive a Heritage Impact Statement pursuant to Torontos Official Plan, Chapter 3.1.5 that states any developments near a Heritage Site needs a Heritage Impact Statement; continues on page 4 Florence Smith McDowell 1931 (Right) Cannon at Old Mill, located on the site of the proposed 10-storey condominium development, directed towards and overlooking the Humber Valley, before it was moved to a secluded area near the Old Mill chapel (Below)

Florence Smith McDowell 1931Cannon at Old Mill

The Old Mill area along the Humber River What are its historical, heritage, cultural and tourist interests?
By: Madeleine McDowell Chair, Humber Heritage Committee Here, directly across from the Old Mill Parking lot on a boulder to withstand the ice and floods is the National bronze Plaque, written in Mississauga, English and French, commemorating the designation of the Humber as a Canadian Heritage River. The Toronto Carrying Place or le Portage de Toronto is an aboriginal trail more than 4000 years old, which follows the high ground on the east bank of the Humber, and was a link in the native trade route between the Gulf of Mexico and the North Shore of Lake Huron/Lake Superior. The French subsequently used it and later the British. A portion of the Trail is visible from here. It is redolent of names such as Brule, Hennepin, Pere, Joliet, La Salle and Du Lhut continues on page 6

Madeleine McDowell at Old Mill Bridge pillar 1952

7th Annual Membership Wine and Cheese

Special Guests: Mayor David Miller, Councillor Peter Milczyn and our Local Representatives Tuesday, November 25th 2008. 7:30 pm 9:30 pm Big Papas Trattoria. 2982 Bloor St. West. Members only. (One-year Memberships $20 can be purchased at the door)

The KPRI Board of Directors invite you to our

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Montgomery Road Traffic Calming Report

By: Linda L. McCarron KPRI Director On February 13, 2007 a petition, as per city policy, signed by over 70% of the residents on Montgomery Road was forwarded to Councillor Miczyn. As a result of this petition the Traffic Operations - Etobicoke York Department issued the results of a traffic study in December 2007. A synopsis of this report was hand delivered to each residence on Montgomery Road. Montgomery Road is classified as a COLLECTOR ROAD the same as The Kingsway. This Traffic Operations report indicated that the 85th percentile for vehicle speeds was 45km/h to 51km/h. The posted speed limit is MAXIMUM 40 km/h. (Particularly in a School Zone). The technical summary which allows "criteria points" for pedestrian generation omitted Our Lady of Sorrows Elementary School, Etobicoke Collegiate High School, The Montgomery Road Pool, Fitness Centre, Arena and Tennis Courts. Also omitted were Sharon House Convalesent Home, the Montgomery Inn and the Baptist Church. The road has been assessed in 2008 by the Road Operations Department and should be scheduled for reconstruction in the next five years under the City Capital Work Projects. The design should include sidewalks on the WEST side only and narrow 26" curb to curb traffic lanes (a proven traffic calming device). The issue of excessive speed not only affects the residents on Montgomery Road, but countless residents living east of Montgomery who must attempt to cross the road to access all of the establishments listed.

New Two Way for The Kingsway

By: Mary L. Campbell KPRI Director
The KPRI had requested and the design was approved for a new 2 way roadway on The Kingsway from Government Road to before Royal York Road. I.e. The 2 way would NOT extend to Royal York Road where there is a right turn only. This would enable residents after many years to be able to turn to the right/east out of their driveways, and go south. *The new centre lines and signs are now in place as of October 23, 2008 with much thanks to Mr. Eric Leon from the city. Councillor Lindsay-Luby has confirmed that she will contact the Traffic Operations Department and have the traffic calming issue re-investigated. Councillor Milczyn has also been made aware of this request. Upon completion of the study the issue will be brought to community council for debate.

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Campaign To Stop the Proposed Old Mill 10-storey Condominium on Greenspace along the Humber, Canadas 26th Heritage River. GET INVOLVED!
Continued from front page 2. Council did not consider the impact of the 10-storey condominium with respect to historical, heritage, cultural and tourist interests in the area, including the designation of the Humber as Canadas 26th Heritage River, the designation of the Old Mill Bridge under the Ontario Heritage Act by the City of York and the City of Etobicoke, and the numerous plaques near the Old Mill, such that commemorate the Old Mill Ruins, the life of explorer tienne Brl, the Toronto Carrying Place Trail and the 50th anniversary of the Hurrican Hazel Disaster in 1954. 3. Council did not receive full disclosure and information on the land exchange deal in 1984 involving the Old Mill, Toronto and Region Conservation Authority, City of Etobicoke and City of York that in essence prohibited any building on the entire parking area, including the upper parking lot, site of the proposed development. Why some taxpayers are upset over the multi-million dollar windfall of the Old Mill owners who acquired prime land off Old Mill Road at a net payment of $0 at taxpayers expense and are not upholding their bargain in the land exchange deal that limits the use of the upper parking lot to surface parking only? A land exchange occurred in 1984 between the owners of the Old Mill, the Toronto and Region Conservation Authority and the former Cities of Etobicoke and York. Staff did not report the land exchange deal to Council prior to the vote in March 2008. The deal was made to accommodate the Old Mill Inns need to expand its parking facility after it obtained a permit issued by the Conservation Authority to build a parking structure. After much debate recorded in the City of York Planning Board minutes and City of York Council minutes, the Old Mill relinquished the permit and acquired prime land off Old Mill Road from the Conservation Authority (for $500) and from the City of York (for $2000) to expand its surface parking lot in exchange for its land-locked property off the Humber River that the Conservation Authority acquired (for $2500), amounting to a net payment of $0. The deal involved the City of Etobicoke to rezone the ENTIRE parking area (upper and lower parking lots) from Commercial to Private Open Space limited to surface parking. Restrictive covenants prohibiting development were filed on title to the properties exchanged in the deal. The intent was that there would be no build on the ENTIRE parking area, including the upper parking lot, site of the proposed development. Old Mill acquiesced to the deal by relinquishing the permit and by further entering into an agreement with respect to landscaping the area. For complete details and supporting documents, visit KPRIs website. Why is it important to get involved? The Old Mill area has significant importance to our history, heritage, culture and tourism. Up until this time, despite the encroachment of modern life, the scene of the Humber has remained pastoral and idylic to this day. We have been able to preserve the historic setting and vistas of the Humber. This development would be the first significant blight imposing itself above the
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A scenic view of the Humber, across from the proposed 10storey condominium that will drastically impact on the pastoral and serene setting of the Old Mill area if developed.

View of the upper parking lot that the former City of Etobicoke rezoned in 1984 from Commercial to Private Open Space limited to surface parking as part of the land exchange deal. For details of the land exchange deal see article under the caption "Why some taxpayers are upset over the multi-million dollar windfall of the Old Mill owners who acquired prime land off Old Mill Road at a net payment of $0 at taxpayers' expense".

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tree line along the banks of the Humber Valley. Please take the time to read the article by Madeleine McDowell, Chair of the Humber Heritage Committee (The Old Mill By the Humber Some of the historical, heritage, cultural and tourists interests in its vicinity) and the article by Lisette Mallet of the Socit dHistoire de Toronto, who is the Coordinator for Le sentier Partag-the Shared Path, an historical park project on the Humber. Lisette is involved in plans to celebrate the 10th anniversary of the designation of the Humber as Canadas 26th Heritage River, the plaque for which is located directly across the river from the proposed development site. How can you assist? The Old Mill area is of City-wide, Province-wide and Country-wide importance. Please spread the word and have people contact the Mayor, their Councillor, MPP and MP to state their opposition to the proposed 10-storey Old Mill condominium on Greenspace and to request Council to reopen the Old Mill matter or not approve the by-laws for amendments in zoning from Private Open Space to Sixth Density Residential and amendments in the Toronto Official Plan by deleting lands from the Green Space System and redesignating the lands from Parks and Open Space Areas Natural Area to Apartment Neighbourhood. We look to you to put pressure to bear on Council to do the right thing. How can KPRI assist you? Visit www.kingswayratepayers.com for a precedent email that you may forward to the Mayor and Councillors and copy to MPPs, MP and KPRI or call 416-233-1695 for assistance. A copy of this article appears on KPRIs website. Please forward it to your friends and colleagues to participate in this democratic process for full disclosure and accountability. Old Mill photos were taken by John Prince, KPRI Director on October 18, 2008. Tree canopy between the lower and upper parking lots; 322 trees will be removed for the proposed development.

View of the lower parking lot, which is in the floodplain.

Ten Thousand Villages is a nonprofit program of

the Mennonite Central Committee; most of their employees are volunteers. They buy products from artisans in Third World countries and pay a fair price for their products. The stores offer many attractive items such as tea, coffee, chocolate, dried fruit, nuts, soaps, placemats, jewelry, trinket boxes, toys, cookbooks, leather goods etc.

View of the site of the proposed development from the Old Mill chapel.

For further information, check out www.tenthousandvillages.ca

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Signage at the Old Mill Subway that provides information on the Discovery Walks Humber Trail from the mouth of the Humber at Lake Ontario to Etienne Brule Park, across from the proposed development site.

The Old Mill area along the Humber River What are its historical, heritage, cultural and tourist interests?
Continued from front page Benjamin Frobisher recommended it as the preferred route to the West in the 1780s, it was mapped by Augustus Jones by 1793, Lieut. Gov. Simcoe traveled it in 1793 and General Brock dispatched a detachment up it to capture Fort Mackinac from the Americans in 1812. The National Sites and Monuments Plaque to the Toronto Carrying Place is located in a small park to the south of Baby Point on Humbercrest Blvd. Here between Lake Ontario and Weston is 5 miles of river valley virtually devoid of Urban intrusion, complete with trails, where walkers and cyclists marvel at the blissful quiet and isolation from a city of almost 2.5 million. Here, at Old Mill Road, was the first crossing place on the Humber. (Teiaiagon, the Seneca name for the nearby village, means where it crosses the river) Here the steep Ravine is interrupted, providing a slope down to the River. Here was the probable location of a French sawmill. Here prior to 1793 was a series of First Nations encampments, the most recent of which was the Mississauga Nation. Here, to the north, is the height of land now known as Baby Point and protected by the steep ravine slope, it was the location of the 17th century Seneca village of Teiaiagon, with a population close to 5,000. Later, in 1720, it was the location of the first French trading fort, the Magasin Royal, on the Toronto Carrying Place. Here on the stone wall at the entrance to the Old Mill dining room, is located one of the first plaques to commemorate the life of explorer Etienne Brule the first white man to see Lake Ontario, and his journey down the Toronto Carrying Place in 1615. Across the River is the place where Robert Rene Cavelier de LaSalle camped for two weeks in August of 1680, and with which his record of his journey of discovery to the Mississippi begins on August 22nd 1680. Here, moved from the Parking Lot to the north side of Old Mill Road, is a Cannon, possibly traceable back to the French Regime in Toronto.

Sign at the north-east corner of Bloor Street and Old Mill Trail that reads "Historic Site The Old Mill"

Photo of grass area across from the Old Mill Inn where the cannon was prominently located before its move to the current secluded location. Linda L. McCarron has been dealing with

Here is the historic Toronto River which Lieutenant Governor John Graves Simcoe renamed the Humber River, with Canadas 26th Heritage River Designation. Here was Torontos first industrial building - the Kings Mill a sawmill built in 1793, to provide the boards for Fort York and the new Town of York. Mrs. Simcoe wrote of the excellence of the bread that the millers wife made. Here shortly to the south were the Dennis Boat Yards, builders of Naval ships, such as the Yacht Toronto, for which the Kings Mill supplied the wood. Here, there followed a series of Mills, both Grist and Sawmills, the last of which the Gamble Mill was built in 1846 by Wm. Tyrell. It burnt in 1881, and its ruins became known as The Old Mill.

LEAFTree Planting organization regarding

the TTC property on Montgomery Road. If anyone is contemplating planting trees on private property, you may want to take a look at the LEAF website. They offer a huge variety of indigenous trees and shrubs that help to support our native birds and butterflies. The site is: www.leaftoronto.org. Their staff are very helpful in making suggestions regarding location of species on your property and soil conditions. Their prices more than reasonable compared to most local Nurseries.s
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Here are the remains of the millrace from Gambles Mill. Here is Robert Home Smiths Old Mill Tea Garden, which opened in August 1914 on the first day of the First Word War. Here, down the steps at the Old Mill Tea Garden is the Plaque commemorating the Old Mill Ruins, erected by the Etobicoke Historical Board, the Etobicoke Historical Society and the Ontario Heritage Foundation. Here is engineer Frank Barbers Old Mill Bridge, built in 1916 and Designated twenty years ago under the Ontario Heritage Act by the City of York and the City of Etobicoke. Here, to the south a few hundred metres, is the Provincial Plaque commemorating the 50th Anniversary of the Hurricane Hazel Disaster in 1954, the high water crest of 21 feet hitting the rail of the Old Mill Parking Lot, and washing out the approaches to the Old Mill Bridge. Here at the oxbow and shallowing of the River ice builds up in a spectacular spring breakup. Here you can watch the Salmon leaping in the fall. Here you can watch Cormorants, Kingfishers, Great Blue Heron, Great White Egrets, Green Heron and Black Crested Night Heron, as well as a variety of Sea Gulls. Ducks and Geese. Here are remnants of the native Black Oak Savanna, one of only six left in North America, with trees from a gene pool dating back 10,000 years. All this is accessible at Old Mill Station to anyone by TTC Subway and they may see a picture of Dennis Yacht Toronto and a map of the Discovery Walks Humber Trail as they arrive or leave there.

View from the historic Old Mill Bridge built in 1916 and designated under the Heritage Act by the City of York and the City of Etobicoke. The proposed development that would appear over the right crest of the bridge would significantly impact on the pastoral and idylic setting of this unique enclave in the Humber Valley.

Photos of current location of cannon in a secluded corner near the Old Mill chapel.

National plaque on a boulder to withstand the ice and floods is written in Mississauga, English and French commemorating the designation of the Humber as a Canadian Heritage River in 1999. The 10 year anniversary celebration will take place next year. The plaque is located directly across from the proposed development site.

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Dunpar OMB case and Court ruling

re: Dundas and Prince Edward North
By: Mary L. Campbell KPRI Director Please review our previous newsletters for details on this issue, also available on our website: www.kpri.ca s The OMB ruling was challenged by the city and KRAPP. In October the Judge ruled in favour of Dunpar. The City and KRAPP lost their appeal. The full text of the decision may be found at: http://www.canlii.org/en/on/onscdc/doc/2008/2008canlii5080 2/2008canlii50802.html Toronto (City) v. Dunpar Developments Inc., 2008 CanLII 50802 (ON S.C.D.C.) Print: PDF Format Date:2008-10-03 Docket: 73/08 - 76/08 URL: http://www.canlii.org/en/on/onscdc/doc/2008/2008canlii5080 2/2008canlii50802.htmll Noteup: Search for decisions citing this decision COURT FILE NO.: 73/08 and 76/08 DATE: 20081003 SUPERIOR COURT OF JUSTICE ONTARIO (DIVISIONAL COURT) RE: CITY OF TORONTO, (APPLICANT) V. DUNPAR DEVELOPMENTS INC. AND KINGSWAY RESIDENTS AGAINST POOR PLANNING, (RESPONDENTS) - AND RE: KINGSWAY RESIDENTS AGAINST POOR PLANNING, (APPLICANT) V. DUNPAR DEVELOPMENTS INC. AND CITY OF TORONTO, (RESPONDENTS) BEFORE: Justice D. Aston COUNSEL: Thomas H. Wall and Stephen Bradley, for the Applicant, City of Toronto Charles Campbell and Dawne Jubb, for the Appellant Kingsway Residents Against Poor Planning

A. Dryer and A. Brown, for the Respondent Dunpar Developments HEARD AT TORONTO: September 29, 2008 ENDORSEMENT Aston J. [1] The City of Toronto (the City) and Kingsway Residents Against Poor Planning (Kingsway) both bring identical motions seeking leave to appeal to the Divisional Court from an OMB decision dated February 6, 2008 (the Campbell decision). [2] Leave to Appeal is sought with respect to four specific questions: (i) Did the Board err in failing to apply or properly interpret s. 2.1 and 24 of the Planning Act? (ii) Did the Board err in approving a zoning by-law amendment without finding that the amendment conformed to the Citys in force Official Plan policies? (iii) Did the Board err in law and misconstrue the Clergy Principal in deciding that the repealed Etobicoke Official Plan was the determinative Official Plan, rather than the Citys in force Official Plan? (iv) Did the Board err and exceed its jurisdiction by failing to apply the six-storey height restriction for the Commercial Residential Strip contained in s. 4.4 of the repealed Etobicoke Official Plan to the seven/eight storey height limit permitted by the zoning by-law amendment approved by the Board? [3] Pursuant to s. 96 of the Municipal Act, leave is only granted: (a) on a question of law, (b) if the question of law is sufficiently important to warrant the attention of the Divisional Court, and (c) there is reason to doubt the correctness of the decision or the Boards interpretation of the law. [4] The Board decided as a threshold issue, on a motion brought by Kingsway and supported by the City, that the repealed Etobicoke Official Plan (EOP) could not be amended that Dunpars pending Appeal to the Board seeking such relief was a nullity (the Jackson decision). However, the Jackson decision also clearly contemplated the

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weight to be given to evidence on the former Etobicoke Official Plan and the current Toronto Official Plan is a matter for the hearing. [5] The Application of the Clergy Principle was within the Boards discretion as a matter of its own practice and procedure. In both the Jackson decision and the Campbell decision, the Board acknowledged flexibility in the application of that principle. Evidence was ultimately heard, considered and weighed in the context of both Official Plans. As required by s.2.1 of the Planning Act, the Board had regard to the Citys decisions in relation to the planning matters in question and to the information and material City Council considered in making its decisions. All that evidence was led, or could have been led, by Kingsway and the City. [6] It is not an error of law for the Board to conclude that the Toronto Official Plan (TOP) was not the Official Plan in effect for the purposes of the Appeal before it. To hold otherwise would be to effectively abolish the Clergy Principle. The Clergy Principle is well established, notwithstanding the language of s.24 of the Planning Act. [7] A fair reading of the Campbell decision in its entirety supports the conclusion the Board would have granted a site specific amendment of s.4.4.4 of the EOP to accommodate Dunpars proposal for its seven/eight storey development but for the Jackson decision which took such an amendment out of consideration. Member Campbell properly concluded she was bound by the unchallenged Jackson decision in that regard. However, the Board did not exclude evidence relating to planning policy, planning considerations or the new TOP. To the contrary, the Campbell decision considered and weighed all the evidence tendered, giving reasons for preferring some expert evidence over other evidence. Member Campbell went on to specifically consider whether the proposed building was consistent with principles of good planning, and was appropriate having regard to the Planning Act, the PPS, both Official Plans, the Dundas Street West Avenue Study, the applicable zoning by-laws (including the Dundas Street West Avenues by-law) and the relevant Urban Design Guidelines, including the Dundas Street West Urban Design Guidelines. [8] The Board did not ignore the evidence tendered by the

2800 Bloor Street West application Bloor & The Kingsway Update
By: Mary L. Campbell KPRI Director The developer,Living Life Retirement Residences Inc. has advised that they will present revised plans at a community meeting, most likely in late October/ early November, 2008. After that time the KPRI will meet with the developer. City or Kingsway; it merely discounted its importance in determining the evidence in this area is of limited relevance. [9] In determining that the evidence relating to the TOP was admissible and relevant but not determinative, the Board applied the Clergy Principle in a manner consistent with the discretion of the Board and its decisions in Dumart v. Woolwich (Township) [1997] OMBD No. 1817 and James Dick Construction Limited v. Caledon (Town) [2003] OMBD No. 1195. [10] I conclude the Board committed no error on any question of law. The motions for leave to appeal are therefore dismissed. [11] By agreement, costs in favour of the respondent Dunpar Developments Inc. are fixed at $10,000.00 inclusive of GST and disbursements. If the moving parties are unable to agree on the apportionment of those costs, brief written submissions may be made within the next 30 days. Aston J.

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The Shared Path-Le Sentier Partag An Historical park along the Humber River
By: Lisette Mallet Coordinator for Le sentier Partag-the Shared Path The Humber River, originally known as the Toronto River, and the Toronto Carrying Place gave our city its name. It played a key role in our Native, French and English history, and provided the foundation of our early economic development. An outflow of the Oak Ridges moraine, the river is of primary ecological importance, and shelters an abundance of plant and animal life. For over a decade and especially in the last 18 months the Socit dhistoire de Toronto (SHT) has been strongly advocating the creation of a Toronto Historical Park - a heritage greenway or Shared Path along the Humber River. The SHT wishes to take advantage of the existing park and trail network and to capitalize upon the Humber Rivers natural and cultural heritage. Its purpose is to highlight the inter-relationship of the First Nations, French and English or the Shared Path along the Humber River in Toronto. The Historical park project is making progress. The Toronto and Region Conservation Authority ( TRCA) formally adopted the proposition to create a historical park along the Humber and has forwarded this endorsement to the Parks Director at the City of Toronto. Parks Planning has formed an interdepartmental committee within the city involving TRCA, Heritage Toronto and Socit d'histoire to see this project through as far as it is possible within our means. We've determined some of its objectives and are in the process of determining some of the actions that will have to take place to meet these objectives. Meanwhile a few actions are already underway according to the opportunities. The South Kingsway/Queensway intersection reconfiguration means improvements to the Jean-Baptiste Rousseaux site and the Carrying Place trail. Some tree planting has already occurred in Etienne Brl Park etc. This project is huge yet simple and we count on community support to build something to show the rest of the country that Toronto truly has a soul and its not at the Eaton Centre. For more information you can check our website at: www.sht.ca Or contact the projects coordinator: Lisette Mallet Coordinator for Le sentier Partag-the Shared Path An historical park project by Socit d'histoire de Toronto malletwallace@sympatico.ca 416.534.1079

Or contact the projects coordinator: Lisette Mallet Coordinator for Le sentier Partag-the Shared Path An historical park project by Socit d'histoire de Toronto malletwallace@sympatico.ca 416.534.1079

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Name:________________________________________ Address:______________________________________ Tel:___________________Fax#:__________________ E-mail:_______________________________________ Postal:________________________ Please make cheques payable to: The Kingsway Park Ratepayers Inc. Mail to: KPRI c/o F. Campbell, 184 Prince Edward Drive, Etobicoke, ON M8Y 3W9 Can You Volunteer Some Time? Webmaster Board of Directors Roads & Traffic Newsletter Petitions Development and Overbuilding Questions? Email kpri@kpri.ca
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Newsletter Layout by Adam Seeto

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