Toronto City Council
The full agenda, as filed
All 67 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
Items 26 to 50 of 67Show 2550100all
CC23.9deferred
4800 Yonge Street - Request for Further Directions
In late 2015 and 2016, the Applicant applied to amend the Official Plan and City of North York Zoning Bylaw 7625 and for Site Plan Approval for the site at 4800 Yonge Street to permit redevelopment for a mixed use building of 49 storeys (160 metres) comprising of 497 dwelling units, a five storey base including retail and office uses and a five-level underground parking garage with 318 parking spaces. The Applicant appealed the Applications to the Ontario Municipal Board (now known as the Ontario Land Tribunal) due to City Council's failure to make a decision within the prescribed time period. On February 26, 2019, City Council accepted a Settlement Offer to resolve the Appeals. The Ontario Land Tribunal approved the site-specific Official Plan Amendment, Zoning By-Law Amendment and Site Plan Application in principle, and the final order approving the Official Plan Amendment 462 and Zoning By-law 1113-2020 (Local Planning Appeal Tribunal) was issued by the Tribunal in 2020. The final order on the site plan appeal is still outstanding, and the site plan appeal is active before the Tribunal. The City Solicitor requires further direction. This matter is urgent and should not be deferred.
City Council on November 13 and 14, 2024, deferred the Item CC23.9 to the December 17, 18 and 19, 2024 meeting of City Council.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendices A, B, and C to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM23.9adopted
At its meeting on April 17, 2024, Toronto City Council adopted item NY12.8 approving a Rental Housing Demolition Application to demolish 47 rental dwelling units located at 680 and 688 Sheppard Avenue East, which included conditions that must be met prior to issuance of the rental housing demolition permit and residential demolition permit. The building at 680 Sheppard contains a total of 30 dwelling units, of which 12 are rental dwelling units, and all of which are currently vacant. Due to significant health and safety concerns, the applicant would like to demolish the dwelling units located at 680 Sheppard before a building permit for a replacement rental building is issued. This motion also modifies the conditions upon which demolition permit can be issued by requiring public art to be included on the construction hoarding for the duration of construction. This motion is urgent as it will enable the earlier demolition of the vacant building subject to conditions, including a requirement for a construction mitigation strategy that will mitigate impacts on existing tenants of 688 Sheppard Avenue East. Requires Re-opening Item 2024.NY12.8 (April 17 and 18, 2024 City Council Meeting) only as it pertains to Parts 2 and 4 of the decision.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council amend its previous decision on Item 2024.NY12.8 by: a. deleting Part 2 Part to be deleted: 2. City Council authorize the Chief Planner and Executive Director, City Planning, to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, for the demolition of the forty-seven (47) existing rental dwelling units located at 680 and 688 Sheppard Avenue East after all the following have occurred: a. all conditions in Part 1 above have been fully satisfied and secured; b. the Official Plan Amendment has come into full force and effect; c. the Zoning By-law Amendment has come into full force and effect; d. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006; e. the issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site; and f. the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant. and adopting instead the following new part: 2. City Council authorize the Chief Planner and Executive Director, City Planning, to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, after all the following have occurred: a. for the demolition of 12 of the 47 existing rental dwelling units located at 680 Sheppard after all the following have occurred: i. all conditions in Part 1 above have been fully satisfied and secured; and, ii. the provision and implementation of a Construction Mitigation Strategy, to the satisfaction of the Chief Planner and Executive Director, City Planning, to minimize the impact on the tenants of the remaining residential rental building on site; b. for the demolition of 35 of the 47 existing rental dwelling units located at 688 Sheppard Avenue East after all the following have occurred: i. all conditions in Part 1 have been fully satisfied and secured; ii. the Official Plan Amendment has come into full force and effect; iii. the Zoning By-law Amendment has come into full force and effect; iv. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006; v. the issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site; and vi. the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant. b. amending Part 4 by: 1. adding the words "as applicable" after the words "referred to in Part 2," in the lead in paragraph; and 2. adding the words "with public art" after the words "solid construction hoarding" and adding the words "and in consultation with the Local Councillor" after the words "Executive Director Toronto Building" so that Part 4 now reads as follows: 4. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 680 and 688 Sheppard Avenue East after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Part 2 above, as applicable, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a. the owner removes all debris and rubble from the site immediately after demolition; b. the owner erects solid construction hoarding with public art to the satisfaction of the Chief Building Official and Executive Director, Toronto Building and in consultation with the local councillor; c. the owner erects the proposed building on the site no later than three (3) years from the date that the demolition of the existing rental dwelling units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and d. should the owner fail to complete the proposed building within the time specified in Part 4.c. above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued.
Staff recommendation as filed
Councillor Shelley Carroll, seconded by Councillor Chris Moise, recommends that: 1. City Council amend its previous decision on Item 2024.NY12.8 by: a. deleting Part 2 Part to be deleted: 2. City Council authorize the Chief Planner and Executive Director, City Planning, to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, for the demolition of the forty-seven (47) existing rental dwelling units located at 680 and 688 Sheppard Avenue East after all the following have occurred: a. all conditions in Part 1 above have been fully satisfied and secured; b. the Official Plan Amendment has come into full force and effect; c. the Zoning By-law Amendment has come into full force and effect; d. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006; e. the issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site; and f. the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant. and adopting instead the following new part: 2. City Council authorize the Chief Planner and Executive Director, City Planning, to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, after all the following have occurred: a. for the demolition of 12 of the 47 existing rental dwelling units located at 680 Sheppard after all the following have occurred: i. all conditions in Part 1 above have been fully satisfied and secured; and, ii. the provision and implementation of a Construction Mitigation Strategy, to the satisfaction of the Chief Planner and Executive Director, City Planning, to minimize the impact on the tenants of the remaining residential rental building on site; b. for the demolition of 35 of the 47 existing rental dwelling units located at 688 Sheppard Avenue East after all the following have occurred: i. all conditions in Part 1 have been fully satisfied and secured; ii. the Official Plan Amendment has come into full force and effect; iii. the Zoning By-law Amendment has come into full force and effect; iv. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006; v. the issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site; and vi. the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant. b. amending Part 4 by: 1. adding the words "as applicable" after the words "referred to in Part 2," in the lead in paragraph; and 2. adding the words "with public art" after the words "solid construction hoarding" and adding the words "and in consultation with the Local Councillor" after the words "Executive Director Toronto Building" so that Part 4 now reads as follows: 4. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 680 and 688 Sheppard Avenue East after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Part 2 above, as applicable, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a. the owner removes all debris and rubble from the site immediately after demolition; b. the owner erects solid construction hoarding with public art to the satisfaction of the Chief Building Official and Executive Director, Toronto Building and in consultation with the local councillor; c. the owner erects the proposed building on the site no later than three (3) years from the date that the demolition of the existing rental dwelling units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and d. should the owner fail to complete the proposed building within the time specified in Part 4.c. above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued.
CC23.10amended
38 Walmer Road and 188 Lowther Avenue - Ontario Land Tribunal Hearing - Request for Directions
On August 4, 2022, Zoning By-law Amendment and Site Plan Control applications were submitted to permit an 80-metre (20-storey excluding mechanical penthouse) mixed-use building, containing 162 dwelling units and 1,950 square metres of non-residential gross floor area. The application proposes the alteration of the Walmer Road Baptist Church at 38 Walmer Road and the demolition of the Sunday School building at 188 Lowther Avenue. On May 31, 2023, the applicant appealed the Zoning By-law Amendment application and referred the Site Plan Control application to the Ontario Land Tribunal due to Council not making a decision within the time frame in the Planning Act. At its meeting of July 24, 2024, City Council refused the issuance of demolition and alteration permits for various portions of the site pursuant to the Ontario Heritage Act. The applicant similarly appealed that refusal to the Ontario Land Tribunal. This report should be considered along with a confidential report from the City Solicitor to the November 7, 2024 Toronto Preservation Board that will be forwarded to City Council for consideration at its meeting of November 13, 2024. The City Solicitor requires further directions for an upcoming Ontario Land Tribunal hearing scheduled for 15 days beginning January 13, 2025. As a result this matter is urgent and should not be deferred.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe, and Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. 4. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 6, 2024) from the City Solicitor. 5. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (November 6, 2024) from the City Solicitor. 6. City Council direct that the balance of Confidential Attachment 1 to the report (November 6, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated October 31, 2024 set out in Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Zoning By-law Amendment appeal until such time as the Tribunal has been advised by the City Solicitor that: a. the draft Zoning By-law Amendment implementing the Settlement Offer is finalized in a form satisfactory to the Executive Director, Development Review and the City Solicitor; b. the applicant has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment; c. the owner has entered into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required; d. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; e. the owner has addressed all outstanding issues raised by Transportation Services, as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services; f. the owner has submitted an updated Pedestrian Level Wind Study (Computational Fluid Dynamics Study and signed Template A) demonstrating there are no uncomfortable or unsafe wind conditions, to the satisfaction of the Executive Director, Development Review, with any required wind mitigation measures to be secured in the final zoning by-law or through the Site Plan Application process; g. the owner has entered into a Heritage Easement Agreement with the City for the property at 38 Walmer Road, substantially in accordance with the plans and drawings dated October 25, 2024, prepared by Hariri Pontarini Architects on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects dated October 29, 2024, and on file with the Senior Manager, Heritage Planning, subject to and in accordance with the approved Conservation Plan required in Part 2.h. below, to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor; and h. the owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment prepared by ERA Architects dated October 29, 2024, for the property at 38 Walmer Road, to the satisfaction of the Senior Manager, Heritage Planning. 3. City Council request the General Manager, Transportation Services, to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 38 Walmer Road and 188 Lowther Avenue from Permit Parking. 4. City Council request the Executive Director, Development Review to consider securing through the site plan approval process a low-carbon energy strategy, as part of the site plan agreement, that includes at least the following items: a. a highly energy-efficient building envelope; b. no on-site combustion of fossil fuels in suites, including in appliances; c. an air and/or ground source heat pump system as the exclusive or, if necessary, primary (> 85 percent) source of heating and cooling for the building; d. at least 100 points for energy efficiency in Canada Mortgage and Housing Corporation's MLI Select program; e. ample electrical outlets for bicycle charging in the interior bicycle parking area; f. accommodation for a future solar photovoltaic system; g. fixtures and appliances that are efficient in their use of water and energy; h. reasonable efforts to achieve a carbon payback period of 10 years or less, measured on a per unit basis, including construction/demolition waste diversion from landfill of at least 75 percent; i. motion sensor-controlled LED lighting in common areas; j. an outdoor, publicly accessible source of drinking water; and k. an outdoor seating area, to be accessible to the public within or adjacent to the public right-of-way, in consultation with Transportation Services. 5. City Council direct the Executive Director, Development Review, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore the feasibility of providing an in-kind community benefit pursuant to 37(6) of the Planning Act, and to report back to City Council for further instruction if the applicant offers such an in-kind community benefit. 6. City Council request the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review, in consultation with relevant City Divisions (including Transportation Services, and Engineering and Construction Services) to take all practicable steps to close the western portion of Walmer Road in front of the development sites at 38 Walmer Road to provide additional pedestrian open space contiguous with Gwendolyn Macewen Parkette. 7. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore the feasibility of providing an in-kind community benefit pursuant to 37(6) of the Planning Act, and to report back to City Council for further instruction if the applicant offers such an in-kind community benefit. 8. City Council request that the owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks, Forestry and Recreation and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks, Forestry and Recreation, to be conveyed prior to the issuance of the first above grade building permit. a. in the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit; and b. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu. 9. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. The confidential instructions to staff in Confidential Attachment 1 to the report (November 6, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council approve: a. the alterations to the heritage property at 38 Walmer Road in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a 25-storey tower with such alterations substantially in accordance with the plans and drawings dated October 7, 2024 prepared by Hariri Pontarini Architects and the Heritage Impact Assessment dated October 29, 2024 prepared by ERA Architects, both on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below; b. the demolition of the heritage attributes of the existing building on the designated heritage property at 38 Walmer Road, in accordance with Section 34(1)1 of the Ontario Heritage Act in connection with the approval of a 25-storey tower on the subject lands substantially in accordance with the plans and drawings dated October 7, 2024 prepared by Hariri Pontarini Architects and the Heritage Impact Assessment dated October 29, 2024 prepared by ERA Architects, both on file with the Senior Manager, Heritage Planning, all subject to, and in accordance with, the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, and subject to conditions as set out below; c. the demolition of two heritage buildings on the designated heritage property at 38 Walmer Road, in accordance with Section 34(1)2 of the Ontario Heritage Act in connection with the approval of a 25-storey tower on the subject lands substantially in accordance with the plans and drawings dated October 7, 2024 prepared by Hariri Pontarini Architects and the Heritage Impact Assessment dated October 29, 2024 prepared by ERA Architects, both on file with the Senior Manager, Heritage Planning, all subject to, and in accordance with, the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, and subject to conditions as set out below. 2. City Council direct that it consents to the application to alter the designated property at 38 Walmer Road under Part IV, Section 33 of the Ontario Heritage Act; its consent to the demolition of attributes on the designated heritage property at 38 Walmer Road under Part IV, Section 34(1)1 of the Ontario Heritage Act, and its consent to the demolition of two heritage buildings on the designated heritage property at 38 Walmer Road, in accordance with Section 34(1)2 of the Ontario Heritage Act, subject to the following conditions: a. that the related Zoning By-law Amendment requiring the proposed alterations and proposed removal of the heritage attribute(s) has come into full force and effect; b. prior to issuance of any Ontario Land Tribunal order in connection with the Zoning By-law Amendment appeals for the property at 38 Walmer Road, the owner shall provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment prepared by ERA Architects and dated October 29, 2024 for the property at 38 Walmer Road, to the satisfaction of the Senior Manager, Heritage Planning; c. prior to issuance of any Ontario Land Tribunal order in connection with the Zoning By-law Amendment appeals for the property at 38 Walmer Road, the owner shall enter into a Heritage Easement Agreement with the City for property at 38 Walmer Road, substantially in accordance with the plans and drawings dated October 7, 2024 prepared by Hariri Pontarini Architects on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects, dated October 29, 2024 and on file with the Senior Manager, Heritage Planning, subject to and in accordance with the approved Conservation Plan required in Part 2.b. above, to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor; d. prior to the issuance of any permit for all or any part for the property at 38 Walmer Road, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the owner shall: 1. provide a Heritage Lighting Plan that describe how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such a plan to the satisfaction of the Senior Manager Heritage Planning; 2. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such plan to the satisfaction of the Senior Manager, Heritage Planning; 3. provide a Signage Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such plan to the satisfaction of the Senior Manager, Heritage Planning; 4. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plans required in Part 2.b. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; 5. provide full documentation of the existing heritage buildings to be demolished, including two (2) printed sets of archival quality 8" x 10" colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a flash drive in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning; and 6. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan and Interpretation Plan; and e. prior to the release of the Letter of Credit required in Part 2.d.6. above, the owner shall: 1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the approved Conservation and Interpretation Plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and 2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning. 3. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the property at 38 Walmer Road. 4. City Council authorize the City Solicitor and City staff to take all necessary actions to implement City Council's decision. Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor are now public and can be accessed under Background Information (City Council). Confidential Appendices A and B to the report (November 6, 2024) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (November 6, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (November 6, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendices A and B to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM23.10amended
In July 2018, the "Better Local Government Act" was introduced by the Government of Ontario. Bill 5 would shrink Toronto City Council from 44 seats (although 47 were contested in the 2018 election) to 25 seats. As problems were encountered with the legislation, it was replaced by Bill 31 "The Efficient Local Government Act." A battle ensured between the City of Toronto and the Province of Ontario in the courts, which resulted in a 5-4 Supreme Court decision in October 2021 upholding the law. The 2018 election took place with the election of 25 Councillors and Mayor. Toronto now has perhaps the most populous wards of any major city in in North America and Europe. In order to manage this volume of work, at its first meeting of the 2018-2022 term of office, Council increased their staff budgets and in a 18-8 vote Council passed the following: 14a - Motion to Amend Item (Additional) moved by Councillor Anthony Perruzza (Carried) That City Council request the City Manager to review Councillor compensation and recommend an appropriate level of compensation for Toronto City Councillors to City Council by the first quarter of 2019 and to obtain advice from one or more third party. Since that time, no report analyzing this issue has come to Council. It is widely understood that the report is complete and that a third-party consultant was retained. This motion restates Council's desire to review and debate the contents of the report and staff recommendations that accompany it.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council request the City Manager and the Chief People Officer to report directly to the March 2025 meeting of City Council meeting with: a. an updated comparative review of Councillor compensation; b. recommendations to adjust Councillor compensation to an appropriate level in line with counterparts; and c. an approach to regularly review Councillor compensation. 2. City Council request the City Clerk to report to City Council by the fourth quarter of 2025 on options to modernize the job descriptions, salary bands, and the compensation envelope for staff in Members' offices.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Chris Moise, recommends that: 1. City Council request the City Manager and the Chief People Officer to report directly to the December 17, 18 and 19, 2024 City Council meeting with: a. an updated comparative review of Councillor compensation; b. recommendations to adjust Councillor compensation to an appropriate level in line with counterparts; and c. an approach to regularly review Councillor compensation. 2. City Council request the City Clerk to report to City Council by the fourth quarter of 2025 on options to modernize the job descriptions, salary bands, and the compensation envelope for staff in Members' offices.
CC23.11adopted
4630 Kingston Road - Ontario Land Tribunal Hearing - Request for Directions
On December 29, 2021, the City received a Zoning By-law Amendment application for 4630 Kingston Road to permit the construction of a 13-storey mixed-use building containing 417 residential units and 273.1 square metres of retail floor area. A Site Plan Control application was also submitted on December 29, 2021. The applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment, to the Ontario Land Tribunal on August 23, 2022. At its meeting on July 19-20, 2023, City Council accepted a without prejudice settlement offer and instructed the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the settlement proposal. The Ontario Land Tribunal held a 1-day hearing for this matter on September 25, 2023. On February 14, 2024, the Ontario Land Tribunal issued an interim Order approving the Zoning By-law Amendment Application in principle subject to the satisfaction of conditions. On October 15, 2024, the applicant made a with prejudice offer to modify the proposal accepted by Council at its meeting on July 19-20, 2023. The City Solicitor requires further directions on this with prejudice offer. This matter is urgent and cannot be deferred.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the with prejudice offer dated October 15, 2024 set out in Public Attachment 1 to the report (October 31, 2024) from the City Solicitor (the "Revised Settlement Offer") and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the revised proposed settlement. 2. City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold its Order subject to the following conditions: a. the amending by-law is finalized, in a form and content acceptable to the City Solicitor and Executive Director, Development Review, in a manner that implements the proposed development; b. the applicant has submitted a Traffic Impact Study and Transportation Demand Management Plan to the satisfaction of the General Manager, Transportation Services and the Program Manager, District Transportation Planning Unit, Scarborough District; c. the applicant has addressed comments raised in the March 29, 2022 memorandum from the Toronto Transit Commission, to the satisfaction of the Toronto Transit Commission; d. the applicant has included, in the site specific by-law, a requirement to provide space within the development for installation of maintenance access holes and sampling ports on the private side of the property, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681; e. the applicant has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a Site Servicing Review to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and demonstrate how this site can be serviced and whether the existing municipal infrastructure is adequate; f. the applicant has entered into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Site Servicing Review accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and g. the applicant has submitted revised plans/reports/documentation with respect to Parts 2.b., 2.d., 2.e., and 2.f. above, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. The balance of Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM23.11adopted
The City of Toronto is committed to ensuring the safety of children and other vulnerable pedestrians at school crossings, as demonstrated through our investments in the Vision Zero Road Safety Plan. Recognizing the importance of this work, the City assumed administration of the School Crossing Guard Program from Toronto Police in 2017, with the intention of expanding and enhancing pedestrian safety measures at school crossings. Since that transition, however, the costs associated with managing the program have escalated from $8M to over $30M annually, driven by increased demand due to new school developments and rising operational needs. To sustainably meet these needs, Toronto must explore options that allow the School Crossing Guard Program to grow while managing budgetary impacts effectively. In other jurisdictions, volunteer-based crossing guard programs have been used to supplement traditional models, often through partnerships or community engagement initiatives. This motion seeks to direct the General Manager, Transportation Services, to explore a range of alternative models for the School Crossing Guard Program that support sustainable growth without compromising the program's quality and effectiveness. Importantly, this initiative is not intended to reduce or eliminate the roles of existing crossing guards but rather to identify solutions that will ensure these critical services can adapt to Toronto's evolving needs in a sustainable manner.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council direct the General Manager, Transportation Services, to conduct a review of potential alternative delivery models for the School Crossing Guard Program, including partnerships, volunteer-supported programs, technology-assisted solutions, or innovative deployment strategies and provide an interim report to the Infrastructure and Environment Committee by the third quarter of 2025, outlining potential options and budgetary impacts.
Staff recommendation as filed
Councillor Shelly Carroll, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council direct the General Manager, Transportation Services, to conduct a review of potential alternative delivery models for the School Crossing Guard Program, including partnerships, volunteer-supported programs, technology-assisted solutions, or innovative deployment strategies and provide an interim report to the Infrastructure and Environment Committee by the third quarter of 2025, outlining potential options and budgetary impacts.
CC23.12amended
685 Lake Shore Boulevard East - Ontario Land Tribunal Hearing - Request for Directions
On September 2, 2022, the City received a Zoning By-law Amendment application for 685 Lake Shore Boulevard East (the "Site") to permit the construction of two 35-storey residential towers connected by a 4-storey commercial base building. A resubmission of the application was received on June 22, 2023, revising the height of the residential towers to 38 and 43-storeys respectively. The applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment (the "Appeal"), to the Ontario Land Tribunal on July 10, 2023. On September 27, 2024, the City received a revised application, proposing two towers with heights of 59 and 56 storeys. The City Solicitor requires further directions for upcoming Ontario Land Tribunal hearings scheduled for February 10, 2025. This matter is urgent as staff require instructions to meet procedural deadlines in advance of the hearing, including witness statements which are due on December 6, 2024. Accordingly, this matter should not be deferred.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (November 12, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (November 12, 2024) from the City Solicitor. 3. City Council authorize the public release of Confidential Appendices A, B, C and D to the report (October 31, 2024) from the City Solicitor and Confidential Attachment 2 to the supplementary report (November 12, 2024) from the City Solicitor. 4. City Council direct that Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (November 12, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (November 12, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated October 29, 2024 set out in Confidential Appendix A to the report (October 31, 2024) from the City Solicitor, as amended by Confidential Attachment 2 to the supplementary report (November 12, 2024) from the City Solicitor, and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order for the Lands until the Ontario Land Tribunal has been advised by the City Solicitor that: a. the Zoning By-law Amendment is in a final form satisfactory to the Executive Director, Development Review and the Owner, which shall include Holding conditions as set out in the Settlement Offer; b. any Official Plan Amendment relief required by the settlement proposal has been approved and is in force and effect or will be in force and effect through the same final order; c. City Council has considered a final report on the Precinct Plan for the McCleary District provided that such report is issued no later than six (6) months following the issuance of an Interim Order of the Tribunal; d. the owner has entered into and registered on title an agreement with the City to secure the provision of Affordable Rental Housing, to the satisfaction of the City Solicitor; e. the owner has provided a revised Pedestrian Level Wind Study including a Wind Tunnel Study, with recommendations implemented as part of the Zoning By-law Amendment and the City has advised that any building envelope changes to address the findings of the studies have been made, to the satisfaction of the Executive Director, Development Review; and f. to the extent the final order includes an Official Plan Amendment: i. the Official Plan Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the Owner; and ii. joint ministerial approval pursuant to the Lower Don Special Policy Area and Lower Don Protocol has been obtained. 3. City Council authorize City staff to accept the conveyance of the lands for the future East-West street and Broadview Avenue extension subject to the City granting a temporary easement in favour of and at no cost to the owners of 685 Lake Shore Boulevard East to utilize such lands until such time as they are required to be dedicated as a public highway, and to secure the terms of such conveyance in a development agreement for the lands, all to the satisfaction of the Executive Director, Development Review. 4. City Council allow the owner of the Site to construct, provide and maintain 6.5 percent of the gross floor area on the lands as affordable rental housing, to the satisfaction of the Chief Planner and Executive Director, City Planning, and allow the affordable rental housing to be secured as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the terms set out in the Settlement Offer. 5. City Council attribute a value to the in-kind contribution set out in Part 4 above equal to 100 percent of 4 percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the building permit is issued in respect of the development. 6. City Council authorize the Executive Director, Development Review to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Part 4 above to the satisfaction of the Executive Director, Development Review and the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, with such agreement to be registered on title to the lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council. 7. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendices A, B, C and D to the report (October 31, 2024) from the City Solicitor and Confidential Attachment 2 to the supplementary report (November 12, 2024) from the City Solicitor are now public and can be accessed under Background Information (City Council). Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the supplementary report (November 12, 2024) from the City Solicitor remains at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the supplementary report (November 12, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendices A, B, C and D to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM23.12adopted
On September 18, 2024, the Committee of Adjustment (the "Committee") refused Application A0174/22SC brought by the owner of 16 Martindale Road for six variances to City of Toronto Zoning By-law 569-2013 to demolish the existing dwelling and to construct a new two-storey detached dwelling (the "Decision"). A copy of the Decision is attached as Attachment 1. In the Decision, the Committee decided to refuse Application A0174/22SC (the "Application") finding that the proposed variances do not maintain the general intent and purpose of the Official Plan and Zoning By-Law, are not considered desirable for the appropriate development of the land and are not minor. On October 2, 2024, the owner appealed the Committee's Decision to the Toronto Local Appeal Body (the "Appeal"). The Application presents outstanding concerns relating, but not limited to, the proposed floor space area, building height, building length, building depth and rear yard setback. The Toronto Local Appeal Body hearing has been scheduled for January 28, 2025. The Notice of Hearing is attached as Attachment 2. The deadline for the City to file for party status is November 25, 2024 - as such this Motion is urgent. This Motion will give the City Solicitor authority to attend at the Toronto Local Appeal Body to oppose the Appeal. The Motion also authorizes the City Solicitor to negotiate a settlement of the Appeal and retain outside consultants as necessary.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council authorize the City Solicitor to attend the Toronto Local Appeal Body to uphold the Committee of Adjustment's refusal of Application A0174/22SC, respecting 16 Martindale Road. 2. City Council authorize the City Solicitor to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding Application A0174/22SC respecting 16 Martindale Road, and to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and the Director, Scarborough District Community Planning.
Staff recommendation as filed
Councillor Parthi Kandavel, seconded by Councillor Dianne Saxe, recommends that: 1. City Council authorize the City Solicitor to attend the Toronto Local Appeal Body to uphold the Committee of Adjustment's refusal of Application A0174/22SC, respecting 16 Martindale Road. 2. City Council authorize the City Solicitor to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding Application A0174/22SC respecting 16 Martindale Road, and to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and the Director, Scarborough District Community Planning.
CC23.13amended
69 Yorkville Avenue - Ontario Land Tribunal Hearing - Request for Directions
On November 4, 2021, the City received an Official Plan and Zoning By-law Amendment application for 69 Yorkville Avenue to permit the construction of a 29-storey mixed use building containing 143 dwelling units. The applicant appealed City Council's refusal of the application to amend the Official Plan and Zoning By-law, to the Ontario Land Tribunal on February 23, 2023. The City Solicitor requires further directions for an upcoming Ontario Land Tribunal hearing scheduled for December 2 to December 18, 2024. This matter is urgent and cannot be deferred.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to Motion 1 by Councillor Dianne Saxe. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to Motion 1 by Councillor Dianne Saxe. 3. City Council direct that Confidential Attachment 1 and Confidential Appendix A to the revised report (November 12, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations and contain advice or communications that are subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to Motion 1 by Councillor Dianne Saxe were adopted by City Council and are now public as follows: 1. City Council refuse the without prejudice offer to settle dated October 23, 2024, set out in Confidential Appendix A to the revised report (November 12, 2024) from the City Solicitor (the "Settlement Offer"). 2. City Council direct the City Solicitor to attend the Ontario Land Tribunal hearing on this matter in opposition to the proposed development either as proposed in the Settlement Offer, or as proposed in the June 2024 Revised Plans, and to retain outside consultants as necessary. 3. In the event the appeals are allowed in whole or in part, City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that: a. the final form and content of the Official Plan and Zoning By-law Amendments are to the satisfaction of the Executive Director, Development Review, and the City Solicitor; and b. the Owner has addressed outstanding issues in relation to site servicing as contained in the Engineering and Construction Services Memorandum dated December 31, 2021, and has submitted a Functional Servicing and Stormwater Management Report, Hydrogeological and Geotechnical Reports, and any other related engineering reports and drawings, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and has agreed that the design and implementation of municipal infrastructure will be at the owner's sole cost and expense for any upgrades or improvements to City infrastructure identified in the approved Functional Servicing and Stormwater Management, Hydrogeological and/or Geotechnical Reports, with such improvements being secured to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 4. In the event the appeals are allowed in whole or in part, City Council direct the City Solicitor and appropriate City staff, in consultation with the Ward Councillor, to explore the feasibility of providing an in-kind contribution in the development, pursuant to Section 37(6) of the Planning Act, and to report back to City Council on the outcome of any proposed agreement for an in-kind contribution. 5. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Attachment 1 and Confidential Appendix A to the revised report (November 12, 2024) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations and contain advice or communications that are subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the revised report (November 12, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM23.13adopted
The high-rise neighbourhood surrounding the Yonge and Eglinton intersection is one of the most densely populated areas of Toronto. A count taken by the City on May 24 of this year found that 40,372 pedestrians crossed the intersection in one day-the highest total observed at any intersection in Toronto between 2020-2024. During peak periods there are often queues at corners leading to residents waiting more than one traffic light phase just to cross the street. While the local community is still waiting for Metrolinx to open the Eglinton Crosstown LRT, construction is finally finished at the Yonge and Eglinton intersection. Now is the right time to start the process to install a pedestrian scramble to provide safety and convenience for pedestrians at this intersection. This motion requests staff to report on the feasibility of implementing a pedestrian scramble after the Eglinton Crosstown LRT is operational.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council request the General Manager, Transportation Services, to report to the Infrastructure and Environment Committee by the second quarter of 2025 on the feasibility of implementing a pedestrian scramble at the Yonge and Eglinton intersection after the Eglinton Crosstown Light Rail Transit is operational.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Cole, recommends that: 1. City Council request the General Manager, Transportation Services, to report to the Infrastructure and Environment Committee by the second quarter of 2025 on the feasibility of implementing a pedestrian scramble at the Yonge and Eglinton intersection after the Eglinton Crosstown LRT is operational.
CC23.14amended
710 The West Mall - Ontario Land Tribunal Hearing - Request for Directions
On July 27, 2023, the City received a Zoning By-law Amendment application for 710 The West Mall to permit the construction of a 22-storey residential building containing 282 new dwelling units. The applicant appealed City Council's refusal of its application for the Zoning By-law Amendment, to the Ontario Land Tribunal on March 6, 2024. The City Solicitor requires further directions for upcoming Ontario Land Tribunal Case Management Conference scheduled for February 10, 2025.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Stephen Holyday. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Stephen Holyday. 3. City Council direct that the balance of Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Stephen Holyday, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated October 29, 2024 set out in Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor, and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that: a. the form and content of the Zoning By-law Amendment is satisfactory to the Executive Director, Development Review Division, and the City Solicitor; b. the Owner has submitted a revised Transportation Impact Study, including all requested revisions to the satisfaction of the General Manager, Transportation Services; the study shall address all previously identified concerns, including the provision of tangible Transportation Demand Management measures, as well as pedestrian safety measures and traffic calming measures, if warranted by post-development traffic conditions; the Transportation Demand Management measures shall include but are not limited to, the promotion of active and public transportation, car-share facilities, and incentives for reducing single occupancy vehicle trips; c. the Owner has addressed all outstanding issues identified within the Engineering and Construction Services correspondence, dated December 27, 2023, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the Owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such report shall determine the stormwater runoff, sanitary flow and water supply management resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, and/or any upgrades that may be required; e. the Owner has submitted a revised Hydrological Assessment Report, Hydrological Review Summary Form, Servicing Report Groundwater Summary Form and Foundation Drainage Summary Form to determine the quality and quantity of groundwater that may be required to be discharged to the City sewage works as a result of a proposed development and comply with Foundation drainage policy and guidelines to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; f. Should it be determined that upgrades are required to the infrastructure to support the development according to the Transportation Impact Study and/or the accepted Functional Servicing and Stormwater Management Report, a Holding Provision shall be included in the final form of the site specific Zoning By-law Amendment, and the Holding Provision is not to be lifted until such time as the owner has made satisfactory arrangements with the City for the design and construction of any improvements to the municipal infrastructure, including entering into appropriate agreement(s) with the City and the provision of financial securities, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Transportation Services; g. the Owner has submitted an Application to Injure or Remove Trees and it has been accepted by the General Manager of Parks, Forestry and Recreation; h. the Owner has submitted a Community Services and Facilities Study to the satisfaction of the Executive Director, Development Review; and i. the Noise and Vibration Report has been peer reviewed at the cost of the applicant and the report has been revised to the satisfaction of the Executive Director, Development Review. 3. City Council amend City of Toronto Municipal Code Chapter 925, Permit Parking, in order to prevent the residents of, visitors to, or tradespersons at 710 The West Mall from obtaining a parking permit. 4. City Council request the Executive Director, Development Review to include the following as a Site Plan Control approval condition: a. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development: Purchasers, tenants or residents acknowledge and agree that purchasers or residents of the development will not be eligible for on street-parking permits under the City of Toronto Municipal Code. Purchasers, tenants or residents agree that, despite the status or availability of on-street parking permits for residents in the development area as of the date of this document, the availability of on-street parking permits in the development area for the purchasers or residents of the development may, at the discretion of City of Toronto Council, be modified, amended or removed at any time in accordance with the City of Toronto Act, 2006, as amended from time to time and its successors, and the City of Toronto Municipal Code. b. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development: The buildings contain [insert number of] units, served on site by [insert number of] resident parking spaces, [insert number of] visitor parking spaces and [insert number of] accessible parking spaces. Additional parking for overflow, visitors and residents, including overnight, is of limited or no availability. Additional off-street parking, potentially at additional cost, is not guaranteed, however may be available at: For visitors: [insert the 5 closest locations that provide off-street parking, Green P on-street parking, or parking for more than 3 hours] For residents: [insert locations of 5 closest off-street parking locations that offer overnight or monthly parking] 5. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendices A and B to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM23.14not adopted
Toronto, with a population of 2,794,356 in 2021, is the fourth-most populous city in North America. Our population, our economy and our government are larger than those of every Canadian province except British Columbia, Alberta, Quebec and Ontario. Toronto is an international centre of business, finance, arts, sports, and culture and is one of the most multicultural and cosmopolitan cities in the world. Toronto is the economic engine of Ontario, providing a large subsidy every year to other parts of the province, as well as to other parts of Canada. Toronto provides a disproportionately large share of the revenue of the provincial government. City Councillors are the closest level of government to our constituents, and most reliably represent the interests of local residents and businesses. The City of Toronto owns, pays for, maintains and operates most of the infrastructure that allows this goose to lay its golden eggs, in an environment of overwhelming and competing demands. Managing and allocating this public infrastructure so as to appropriately balance these competing demands is a central function of municipal government, and essential to allow us to do the jobs we were elected to do. With Bill 23, Doug Ford took hundreds of millions of dollars out of the city's infrastructure budget each year; he has not kept his promise to keep the City whole. This has drastically undercut the City's ability to provide and maintain our infrastructure. Bill 212 is yet another overreaching attack on the people of Toronto, proposing to wastefully tear up millions of dollars of newly constructed roads, in order to distort how Toronto Council balances competing demands for street space, climate action, affordability, road safety, tree cover and quality of life.
Item MM23.14 was ruled redundant by the Speaker at City Council on November 13 and 14, 2024.
Staff recommendation as filed
Councillor Dianne Saxe, seconded by Councillor Amber Morley recommends that: 1. City Council direct the City Manager to write to the Premier of Ontario and to all Ontario municipalities protesting the overreach in Bill 212 and asking the Province to respect municipalities' jurisdiction to manage competing claims for its own infrastructure and to withdraw the proposed section 195.2 of the Highway Traffic Act.
CC23.15amended
40 Walmer Road - Zoning By-law Amendment - Request for Direction Report
On October 24, 2023, the City received a Zoning By-law Amendment application for 40 Walmer Road to permit the construction of a 35-storey (111.65 metres, including mechanical penthouse) residential building. The application proposed a total of 365 dwelling units, including 33 replacement rental units. The applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment, to the Ontario Land Tribunal on March 21, 2024. The City Solicitor requires further directions for an upcoming Ontario Land Tribunal hearing scheduled for February 3, 2025. The matter is urgent and cannot be deferred.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (November 1, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe. 3. City Council direct that the balance of Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated October 31, 2024 set out in Confidential Appendix A to the report (November 1, 2024) from the City Solicitor, and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Zoning By-law Amendment until Ontario Land Tribunal the having been advised by the City Solicitor that: a. the final form of the Zoning By-law Amendments are to the satisfaction of the Executive Director, Development Review and the City Solicitor, including any appropriate holding (H) provisions; b. City Council has approved Rental Housing Demolition Application 23 221261 STE 11 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental dwelling units and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision including: i. replacement of the existing 33 rental housing units, including the same number of units, bedroom type and size and with similar rents; and ii. acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; c. the owner has submitted a revised Heritage Impact Assessment that demonstrates how the proposed development fits into its context and protects the heritage attributes of the adjacent designated property under Part IV of the Ontario Heritage Act at 38 Walmer Road and adjacent properties included on the City's Heritage Register at 35 and 44 Walmer Road, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design and the Chief Planner and Executive Director, City Planning; d. the owner has provided revised plans and revised sun shadow and pedestrian level wind studies with recommendations implemented as part of Zoning By-law Amendment and the City has advised that any building envelope changes to address the findings of the studies have been made, to the satisfaction of the Executive Director, Development Review; e. the owner has provided confirmation of water, sanitary and stormwater to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment; f. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and g. the owner has addressed all outstanding issues raised by Transportation Services, as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services. 3. City Council request the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review in consultation with relevant City Divisions (including Transportation Services, and Engineering and Construction Services) to take all practicable steps to close the western portion of Walmer Road in front of the development sites at 40 Walmer Road to provide additional pedestrian open space contiguous with Gwendolyn Macewen Parkette. 4. City Council request the Chief Planner and Executive Director, City Planning to consider securing through the site plan approval process a low-carbon energy strategy, as part of the site plan agreement, that includes at least the following items: a. a highly energy-efficient building envelope; b. at least 100 points for energy efficiency in Canada Mortgage and Housing Corporation's Mortgage Loan Insurance Select program; c. fixtures and appliances that are efficient in their use of water and energy; d. no on-site combustion of fossil fuels in suites, including in appliances; e. an air and/or ground source heat pump system as the exclusive or, if necessary, primary (> 85 percent) source of heating and cooling for the building; f. reasonable efforts to achieve a carbon payback period of 10 years or less, measured on a per unit basis, including construction/ demolition waste diversion from landfill of at least 75 percent; g. motion sensor-controlled LED lighting in common areas; h. ample electrical outlets for bicycle charging in the interior bicycle parking area; i. accommodation for future solar photovoltaic system; j. an outdoor, publicly accessible source of drinking water; and k. an outdoor seating area, to be accessible to the public within or adjacent to the public right-of-way, in consultation with Transportation Services. 5. City Council request the Chief Planner and Executive Director, City Planning in consultation with the local Ward Councillor and the City Solicitor to continue to work with the applicant to explore the feasibility of providing an in-kind community benefit pursuant to 37(6) of the Planning Act, and to report back to City Council for further instruction if the applicant offers such an in-kind community benefit. 6. City Council request that the owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks, Forestry and Recreation and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks, Forestry and Recreation, to be conveyed prior to the issuance of the first above grade building permit. a. in the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit; and b. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu. 3. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision. Confidential Appendix A to the report (November 1, 2024) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to the report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM23.15withdrawn
The vacant lands at 1220 Wilson Avenue is a Toronto Parking Authority site that is a non performing holding for the agency. The parcel is nestled into a stable neighbourhood and sits across the street from the Humber River Hospital. The lands front Wilson Avenue and would provide much needed green space in the area and provide a valuable gathering space for employees and patients of Humber River Hospital, the students of Pierre Laporte Middle school to the west and the neighbourhood as a whole.
Motion MM23.15 was withdrawn at City Council on November 13 and 14, 2024.
Staff recommendation as filed
Councillor Pasternak, seconded by Councillor Jon Burnside, recommends that: 1. City Council direct the General Manager, Parks, Forestry and Recreation to work with the Toronto Parking Authority to assess and explore creating a park at 1220 Wilson Avenue and report back to the Infrastructure and Environment Committee in the first quarter of 2025.
CC23.16adopted
49-59 Lawrence Avenue East - Ontario Land Tribunal Hearing - Request for Directions
On November 20, 2023, the City deemed complete an Official Plan and Zoning By-law Amendment application for 49-59 Lawrence Avenue East to permit the construction of a 9-storey residential building, consisting of 40 units and 41 vehicle parking spaces to be located in two-levels of underground parking. The applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment, to the Ontario Land Tribunal on April 23, 2024. The City Solicitor requires further directions for upcoming Ontario Land Tribunal hearings scheduled for January 20, 2025. This report is urgent as the City Solicitor requires updated instructions prior to procedural deadlines in advance of the hearing, including the deadline for the exchange of witness statements on December 13, 2024. Consideration of this matter should not be deferred.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (November 1, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated October 31, 2024 set out in Confidential Appendix A to the report (November 1, 2024) from the City Solicitor, and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement and a revised proposal for the Site that is substantially in accordance with the revised plans attached as Public Attachment 1 to the Settlement Offer, subject to the Parts below. 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Official Plan Amendment and Zoning By-law Amendment until the Ontario Land Tribunal having been advised by the City Solicitor that: a. the Official Plan Amendment and Zoning By-law Amendment are in a final form satisfactory to the City Solicitor and the Executive Director, Development Review; b. the Owner has submitted a Computational Fluid Dynamics Phase 2 Pedestrian Level Wind Study as per the City of Toronto Terms of Reference, to the satisfaction of the Executive Director, Development Review, provided that the City agrees that the results of this study will not result in any further modifications to the built form of the building; c. the Owner has satisfactorily addressed the Engineering and Construction Services matters in the Engineering and Construction Services Memorandum, or as may be updated, including a revised Functional Servicing Report, Stormwater Management Report and Hydrogeological Report accompanied by a coordinated Hydrological Review Summary Form and Servicing Report Groundwater Summary Form, all to the satisfaction of the Executive Director, Development Review; d. the Owner has submitted a revised Transportation Impact Study, including acceptable Travel Demand Management, addressing outstanding issues in the Transportation Services memo, or as may be updated in response to further submissions filed by the Owner, all to the satisfaction of the Executive Director, Development Review and that such matters arising from such Plan be secured as required; e. the Owner has provided justification for locating access from Lawrence Avenue West and the proposed Type C loading space, all to the satisfaction of the Executive Director, Development Review; f. the Owner has provided a pick-up/drop-off study to the satisfaction of the Executive Director, Development Review; g. the Owner has submitted a revised Heritage Impact Assessment to the satisfaction of the Executive Director, Development Review and the Senior Manager, Heritage Planning and that matters arising from such study be secured, if required; h. the Owner has provided a sun shadow study, to the satisfaction of the Executive Director, Development Review, and provided the City agrees the results of this study will not result in any further modifications to the built form of the building; and i. the Owner has provided a soil volume plan and section details for each soil area demonstrating the proposal meets the minimum soil volumes in accordance with the Toronto Green Standard, to the satisfaction of the General Manager, Parks, Forestry and Recreation. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (November 1, 2024) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM23.16adopted
This Motion will give the City Solicitor authority to appeal the Committee of Adjustment's decision approving the minor variance application at 171 Pendrith Street (A0475/23TEY); to attend the Toronto Local Appeal Body to oppose the development proposed in application A0475/23TEY; to retain outside consultants as necessary; and to negotiate a settlement of the appeal. On October 2, 2024, the Committee of Adjustment approved an application brought by the agent of the owner of 171 Pendrith Street for a proposal to construct a new three-storey detached dwelling on the site, with an internal garage, a covered front porch with stairs, a rear ground floor deck, and a rear walkout basement. To facilitate this application, four minor variances from City-wide Zoning By-law 569-2013 were sought. A copy of the Committee of Adjustment's decision on this application is attached as Attachment 1. The City's primary issue with the Application is that the front yard land scaping is inadequate as the Application reduces the minimum 75% (9.56 square metres) of the required front yard landscaped open space down to 41.8% (5.33 square metres). The second issue with the Application is that may result in the death of a mature City owned tree located in close proximity to the subject site. In order for the City to continue to effectively assess and call its case, the City Solicitor requires the expertise of an external consultants to advise on the applicant's proposed plan, and to potentially make recommendations respecting a solution. To preserve the City's right of appeal, the City Solicitor appealed the Committee of Adjustment's decision to the Toronto Local Appeal Body on October 22, 2024. This matter is time-sensitive and urgent as the City Solicitor has already appealed the decision to the Toronto Local Appeal Body in order to preserve the City's statutory right of appeal. Thus, the City Solicitor requires instructions to appeal and to attend the hearing for this matter.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council direct the City Solicitor to appeal the Committee of Adjustment's decision regarding 171 Pendrith Street (Application A0475/23TEY) and to attend the Toronto Local Appeal Body to oppose the development proposed in application A0475/23TEY. 2. City Council authorize the City Solicitor to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to negotiate a settlement of the appeal, and that the City Solicitor be authorized to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and the Director of Community Planning, Toronto and East York District.
Staff recommendation as filed
Councillor Dianne Saxe, seconded by Councillor Parthi Kandavel, recommends that: 1. City Council direct the City Solicitor to appeal the Committee of Adjustment's decision regarding 171 Pendrith Street (Application A0475/23TEY) and to attend the Toronto Local Appeal Body to oppose the development proposed in application A0475/23TEY. 2. City Council authorize the City Solicitor to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to negotiate a settlement of the appeal, and that the City Solicitor be authorized to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and the Director of Community Planning, Toronto and East York District.
CC23.17adopted
The purpose of this report is to request instructions in respect of the proceedings before the Ontario Land Tribunal. The applicant appealed the proposed Official Plan Amendment and Zoning By-law Amendment Applications for 50-90 Eglinton Avenue West and 17-41 Henning Avenue to the Ontario Land Tribunal as a result of Council's refusal of the applications within the time prescribed by the Planning Act. The property municipally known as 50 Eglinton Avenue West is designated under Part IV, Section 29 of the Ontario Heritage Act.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 4, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (November 4, 2024) from the City Solicitor. 3. City Council direct that the balance of in Confidential Attachment 1 to the report (November 4, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it pertains to litigation before the Ontario Land Tribunal and advice or communications that are subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (November 4, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the "without prejudice" settlement offer set out in Confidential Appendix A to the report (November 4, 2024) from the City Solicitor, the revised Official Plan Amendment substantially in accordance with Confidential Appendix B to the report (November 4, 2024) from the City Solicitor and support a revised proposal that is substantially in accordance with the plans and drawings in Confidential Appendix C to the report (November 4, 2024) from the City Solicitor for all of the lands municipally known as 50-90 Eglinton Avenue West and 17-41 Henning Avenue (together the Settlement Offer) from the City Solicitor and subject to the Parts below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer for the lands municipally known as 50-90 Eglinton Avenue West and 17-41 Henning Avenue (the "Development Site"). Parkland Dedication 3. City Council approve that in accordance with Section 42 of the Planning Act, prior to the issuance of the first above-grade building permit on any part of the lands municipally known as 50-90 Eglinton Avenue West and 17-41 Henning Avenue, the Owner shall: a. convey to the City, an on-site parkland dedication, having a minimum size of 585.5 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and b. satisfy the remaining required parkland dedication of 16.7 square metres through a payment of cash-in-lieu of parkland, to the satisfaction of the General Manager, Parks, Forestry and Recreation. 4. City Council approve the acceptance of on-site parkland dedication, subject to the Owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition to the satisfaction of the General Manager, Parks, Forestry and Recreation; the Owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management. 5. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry & Recreation (PFR). The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, PFR, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 6. City Council authorize, in this circumstance, in the event that the Owner requires the on-site parkland dedication for construction staging purposes following conveyance of the lands to the City, the Owner shall enter into an agreement with the City on terms satisfactory to the General Manager, Parks, Forestry and Recreation, save and except for the payment of any occupancy fees, as agreed upon and acknowledged by the Owner and the City; the agreement shall stipulate that use of the on-site parkland dedication for construction staging purposes shall occur for no more than 36 months after the issuance of the first above grade building permit for the building fronting Henning Avenue, unless otherwise approved by the General Manager, Parks, Forestry and Recreation. Community Benefits and Matters Required to Support the Development 7. City Council authorize the City Solicitor to enter into and register on title to Development Site, one or more agreements pursuant to Section 37 of the Planning Act as it read the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, S.O. 2020, c. 18, at the Owner's expense, to secure the following matters, on such terms and conditions as may be required, all satisfactory to the Executive Director, Development Review and the City Solicitor: a. amend the existing cash contribution in Schedule A, Provision 2 of By-law 1263-2022(OLT) to reflect a cash contribution of $1,431,000.00, subject to the applicable upwards indexing; b. provision of heritage conservation of the former Toronto Hydro building at 50 Eglinton Avenue West with amendment to existing Schedule A, Provision 3(iii) of By-law 1263-2022(OLT) to add the words "of public realm refinements to the satisfaction of Executive Director, Development Review, including, if applicable," after the words "integration of" and before the words "a 3.0 Metre wide colonnade"; c. provision of the east-west public access easements with amendment to existing Schedule A, Provision 3(iv) of By-law 1263-2022(OLT) to reference the plans and drawings in Confidential Appendix C to the report (November 4, 2024) from the City Solicitor; d. prior to the issuance of the first above-grade building permit for all or any part of the Development Site, the Owner shall: i. convey to the City, an off-site parkland dedication of 57 Montgomery Avenue, 61 Montgomery Avenue and 58 Helendale Avenue under Section 37 of the Planning Act to the satisfaction of the General Manager, Parks, Forestry and Recreation (the "Section 37 Parkland Conveyance"); ii. the Section 37 Parkland Conveyance shall be in base park condition, include the required service connections in accordance with City standards, and be free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition to the satisfaction of the General Manager, Parks, Forestry and Recreation; iii. complete the demolition of, and base park improvements to, the City-owned property known municipally as 55 Montgomery Avenue to the satisfaction of the General Manager, Parks, Forestry and Recreation (the "55 Montgomery Improvements"); e. prior to the issuance of first above-grade building permit for all or any part of the Development Site, the Owner shall provide a cash contribution to the City in an upwards indexed amount of $1,431,000.00 allocated to the matters set out in Schedule A, Provision 2 of By-law 1263-2022(OLT), as amended by Part 7.a. above; and f. all cash contributions will be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, calculated from the date of the Section 37 Agreement, to the date of payment. 8. City Council direct that the following matters required to support development be secured in the Section 37 Agreement and/or Zoning By-law Amendment where deemed appropriate by the Executive Director, Development Review and the City Solicitor, as a legal convenience: a. securing the provision of the on-site parkland dedication under section 42 of the Planning Act by amending Schedule A, Provision 3(i) to reflect the amended on-site parkland dedication; b. securing the design, provision of securities and construction in respect of any upgrades or required improvements to the existing municipal infrastructure as may be identified in the accepted Engineering Reports through a municipal infrastructure agreement, including a new "looped" watermain on Henning Avenue connecting to the existing 300 millimetre watermain on the south side of Eglinton Avenue to service the properties along 17-41 Henning Avenue, all to support the development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; c. the requirements for a construction management plan to be provided at site plan approval, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, any required coordination with Metrolinx regarding the Eglinton Crosstown LRT, and a communication strategy with the surrounding community, and any other matters requested by the Executive Director, Development Review and the General Manager, Transportation Services; d. the Owner will construct and maintain the Development Site in accordance with Tier 1, Toronto Green Standard, and the Owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the complete site plan application for each building on the Development Site; e. implementation of, and/or mitigation measures listed, in any the reports, studies and plans accepted by the City submitted by the Owner and any such implementation measures secured in the appropriate agreements; f. if directed by the Chief Engineer and Executive Director, Engineering and Construction Services arising from the accepted Engineering Reports, any new municipal infrastructure and/or upgrades to existing municipal infrastructure to support the development; and g. any other matters required to implement the directions of Council. Conditions to Ontario Land Tribunal Order 9. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form and content of the draft Official Plan Amendment substantially in accordance with Confidential Appendix B to the report (November 4, 2024) from the City Solicitor is satisfactory to the Executive Director, Development Review and the City Solicitor; b. the final form and content of the draft Zoning By-law Amendment amending By-law 1263-2022 for the lands municipally known as 50-90 Eglinton Avenue West and 17-41 Henning Avenue is satisfactory to the Executive Director, Development Review and the City Solicitor, including the minimum bedroom unit mix in conformity with the Yonge-Eglinton Secondary Plan; c. the Owner has, at its sole cost and expense: i. submitted a revised Servicing Report, Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; ii. secured the design and the provision of financial securities, in the Section 37 Agreement as a matter of legal convenience, in respect of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, including a new "looped" watermain on Henning Avenue, connecting to the existing 300 millimetre watermain on the south side of Eglinton Avenue will be provided to service the properties along 17-41 Henning Avenue, all to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; iii. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Executive Director, Development Review and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required; iv. submitted a Pedestrian Level Wind Study, and where necessary incorporating any required mitigation measures in the Zoning By-law Amendment or otherwise implemented at Site Plan Control, to the satisfaction of the Executive Director, Development Review; and v. submitted a revised Transportation Impact Study, or addendum, with respect to the reduction of visitor parking spaces and proposed accommodation of reduced visitor parking spaces through alternative means on the Development Site, to the satisfaction of the General Manager, Transportation Services; d. City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has approved a Rental Housing Demolition Application 23 184481 NNY 08 under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the three existing rental dwelling units at 21, 25 and 37 Henning Avenue and the Owner has secured an acceptable Tenant Relocation and Assistance Plan for the tenant in the existing rental dwelling unit at 37 Henning Avenue addressing financial compensation and other assistance to lessen hardship, and subject to written confirmation through affidavit of Owner that there has not been any rental use on 39 and 41 Henning Avenue within the last 5 years, and addressing financial compensation and other assistance to lessen hardship, on such terms and conditions in an agreement with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; e. the Owner has entered into a Section 37 Agreement with the City that has been executed, and registered on title to the lands at 50-90 Eglinton Avenue West and 17-41 Henning Avenue, all to the satisfaction of the Executive Director, Development Review and the City Solicitor; f. the Owner has provided a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 50 Eglinton Avenue West, prepared by GBCA Architects dated March 2024, to the satisfaction of the Senior Manager, Heritage Planning; and g. the Owner has entered into a Heritage Easement Agreement with the City for the property at 50 Eglinton Avenue West substantially in accordance with plans and drawings prepared by Turner Fleischer dated October 17, 2024, and the Heritage Impact Assessment prepared by GBCA Architects dated March 2024, subject to and in accordance with the approved Conservation Plan required above, to the satisfaction of the Senior Manager, Heritage Planning, including registration of such agreement to the satisfaction of the City Solicitor on the lands municipally known as 50-90 Eglinton Avenue West. 10. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision on this matter. Confidential Appendices A, B and C to the report (November 4, 2024) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (November 4, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation before the Ontario Land Tribunal and advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (November 4, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1, Confidential Appendix A, Confidential Appendix B and Confidential Appendix C to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.
MM23.17adopted
The Mount Pleasant Group of Cemeteries is proposing to construct a private family mausoleum at the Mount Pleasant Cemetery, on an existing interment right located within Plot AA at the Mount Pleasant Cemetery (see Attachment 1). Mount Pleasant Cemetery municipally known as 375 Mount Pleasant Road is regulated as required under the Funeral, Burial and Cremation Services Act, 2002, and Ontario Regulation 30/11. Matters related to the establishment, alteration and expansion of cemeteries, burial sites and crematoriums are addressed under the Funeral Burial and Cremation Services Act and Ontario Regulation 30/11 (the Regulations). The Funeral Burial and Cremation Services Act requires the Registrar's Consent, together with the approval of the City, for a proposal to establish, alter, or increase the capacity of a cemetery and a public notice. This is required under the Funeral Burial and Cremation Services Act as the construction of any Mausoleum or columbarium structure with a total volume larger than 15 cubic metres is subject to these requirements. The owner is required to obtain the City's approval, in the form of a Building Permit, prior to requesting approval for Consent from the Registrar. The Funeral Burial and Cremation Services Act also specifies that in addition to the issuance of a Building Permit, the local municipality that receives such a request shall grant the approval if, in the municipality's opinion, it is in the public interest, and that the municipality must publish a notice confirming that decision per the Funeral Burial and Cremation Services Act. The private family mausoleum satisfies all municipal approvals. Toronto Building has received and issued a building permit for the proposed construction as the application was in compliance with the Ontario Building Code and applicable By-law(s), including zoning. City Planning has not identified any concerns with the proposal. This Motion is urgent as City Council's decision is necessary to allow a Notice of Decision to be placed in a local newspaper as set out in the Funeral Burial and Cremation Services Act for the establishment of a private family mausoleum on a lot located in Plot AA in the Mount Pleasant Cemetery, 375 Mount Pleasant Road, Toronto, Ontario.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council find that the request to construct a private family mausoleum at the Mount Pleasant Cemetery located at 375 Mount Pleasant Road, on an existing interment right located within Plot AA in Building Permit File 23 158151 BLD 00 NB, is in the public interest and City Council approve the application under the Funeral, Burial and Cremation Services Act, 2002, and Ontario Regulation 30/11. 2. City Council authorize the City Clerk to provide public Notice of Decision, costs to be paid by the owner, for the establishment of a private family mausoleum within the Mount Pleasant Cemetery, known municipally as 375 Mount Pleasant Road, Toronto, Ontario and send a copy of City Council's decision to the owner and to the Registrar, Bereavement Authority of Ontario. 3. City Council authorize and direct the appropriate City officials to take the necessary action to give effect to City Council's decision.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Chris Moise, recommends that: 1. City Council find that the request to construct a private family mausoleum at the Mount Pleasant Cemetery located at 375 Mount Pleasant Road, on an existing interment right located within Plot AA in Building Permit File 23 158151 BLD 00 NB, is in the public interest and City Council approve the application under the Funeral, Burial and Cremation Services Act, 2002, and Ontario Regulation 30/11. 2. City Council authorize the City Clerk to provide public Notice of Decision, costs to be paid by the owner, for the establishment of a private family mausoleum within the Mount Pleasant Cemetery, known municipally as 375 Mount Pleasant Road, Toronto, Ontario and send a copy of City Council's decision to the owner and to the Registrar, Bereavement Authority of Ontario. 3. City Council authorize and direct the appropriate City officials to take the necessary action to give effect to City Council's decision.
CC23.18adopted
The owner of 50 Eglinton Avenue West appealed Council's refusal of its Official Plan Amendment and Zoning By-law Amendment applications for 50-90 Eglinton Avenue West and 17-41 Henning Avenue to the Ontario Land Tribunal. The amendments to the Zoning By-law proposed 46 and 58 storey mixed use buildings on 50-90 Eglinton Avenue West, with approximately 1,206 residential dwelling units and non-residential uses at-grade and a 34 storey residential building on the Henning Avenue properties, with approximately 373 residential dwelling units. The focus of this report is the owner's application under Section 33 of the Ontario Heritage Act which requests City Council's consent to alterations to the designated property at 50 Eglinton Avenue West. Council requires the advice of the Toronto Preservation Board in respect of matters which may impact a designated heritage property.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 29, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (October 29, 2024) from the City Solicitor, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (October 29, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it pertains to litigation before the Ontario Land Tribunal and advice or communications that are subject to solicitor-client privilege. November 19, 2024 The confidential instructions to staff in Confidential Attachment 1 to the report (October 29, 2024) from the City Solicitor were adopted by City Council and are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows: 1. City Council approve the alterations of the designated property at 50 Eglinton Avenue West in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a new mixed use building substantially in accordance with plans and drawings prepared by Turner Fleischer dated October 17, 2024, and the Heritage Impact Assessment prepared by GBCA Architects dated March 2024 all on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below. 2. City Council direct that its consent to the application to alter the designated property at 50 Eglinton Avenue West under Part IV, Section 33 of the Ontario Heritage Act is also subject to the following conditions: a. that the related Official Plan Amendment and Zoning By-law Amendment permitting the proposed alterations has come into full force and effect; b. prior to issuance of an Ontario Land Tribunal order in connection with the Official Plan Amendment and Zoning By-law Amendment appeal for the property at 50-90 Eglinton Avenue West and 17-41 Henning Avenue, the owner shall provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment prepared by GBCA Architects dated March 2024, to the satisfaction of the Senior Manager, Heritage Planning; c. prior to issuance of an Ontario Land Tribunal order in connection with the Official Plan Amendment and Zoning By-law Amendment appeal for the property at 50-90 Eglinton Avenue West and 17-41 Henning Avenue, the owner shall enter into a Heritage Easement Agreement with the City for the property at 50-90 Eglinton Avenue West, substantially in accordance with the plans and drawings prepared by Turner Fleischer dated October 17, 2024, and the Heritage Impact Assessment prepared by GBCA Architects dated March 2024, subject to and in accordance with the Conservation Plan required in Part 2.b. above to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor; d. prior to the issuance of any permit for all or any part of the property at 50-90 Eglinton Avenue West, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building, as are acceptable to the Senior Manager, Heritage Planning, the owner of the subject property shall:   1. provide a Heritage Lighting Plan that describe how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such a plan to the satisfaction of the Senior Manager Heritage Planning; 2. provide a detailed Landscape Plan for the subject properties, satisfactory to the Senior Manager, Heritage Planning; 3. provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such plan to the satisfaction of the Senior Manager, Heritage Planning; 4. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning; 5. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.b. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; and 6. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan and Interpretation plans. e. that prior to the release of the Letter of Credit required in Part 2.d.6. above, the owner shall: 1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required reconstruction work has been completed in accordance with the Conservation and Interpretation Plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and 2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning. 3. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 50-90 Eglinton Avenue West. 4. City Council authorize the City Solicitor and City staff to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (October 29, 2024) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (October 29, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation before the Ontario Land Tribunal and advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (October 29, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.
MM23.18adopted
With vacancy decontrol and the Ford government's removal of rent control on buildings constructed after 2018, Toronto renters are all too aware of escalating prices for vacant units and annual double-digit rent increases on an apartment they're already renting. With a structural housing supply shortage driving rent inflation, landlords are said to pass on massive rent increases to tenants according to what the market will bear. But what if these large increases are not solely the machinations of the "free market", but rather the product of illegal price collusion between landlords facilitated by the same algorithmic pricing software currently subject to antitrust investigations in the United States? In the U.S., the Federal Bureau of Investigation is investigating property management software company RealPage for illegal algorithmic rent setting through its software Yieldstar. The Department of Justice launched a lawsuit last August, claiming that the AI software allows landlords to collude on their rents, avoiding fair competition in the market. The influence of RealPage across U.S. rental markets was significant: it set roughly 60 person of prices in the D.C. area, and 70 person in Phoenix, Arizona. A recent CBC investigation found that Yieldstar software has been in use by landlords and property managers in Canada since 2017. Reporting has documented its use by property management company GWLRA, as well as Dream Unlimited and its property manager Rhapsody Living. In response, the federal government recently announced that it is launching an investigation into price-fixing by landlords using algorithms through the Competition Bureau. The full extent of this software's use in the Toronto rental market is unknown, nor do we have a full picture of who is using it. In this context, is imperative that the City employ all tools at its disposal to ensure fairness for renters by taking action against landlords who cheat to illegally drive up their profits.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council request the City Manager to report to the Planning and Housing Committee by the second quarter of 2025 on: a. the use and mechanisms of software that enables landlords and private rental management companies to engage in price-fixing of rents; and b. potential municipal levers to restrict the use of software that allows landlords and private rental management companies to engage in price-fixing of rents. 2. City Council request the Government of Ontario to amend the Residential Tenancies Act, 2006, to ban the use of software that allows landlords and private rental management companies to engage in price-fixing on rental prices.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council request the City Manager to report to the Planning and Housing Committee by the second quarter of 2025 on: a. the use and mechanisms of software that enables landlords and private rental management companies to engage in price-fixing of rents; and b. potential municipal levers to restrict the use of software that allows landlords and private rental management companies to engage in price-fixing of rents. 2. City Council request the Government of Ontario to amend the Residential Tenancies Act, 2006, to ban the use of software that allows landlords and private rental management companies to engage in price-fixing on rental prices.
CC23.19adopted
3374 Keele Street - Zoning Amendment Application - Request for Direction
On December 10, 2020, an application to amend the Zoning By-law was submitted to permit the construction of a 12-storey residential building containing 158 dwelling units with condominium tenure. The application was deemed complete on December 15, 2020. On March 21, 2023, a revised Zoning By-law Amendment application was received. This application proposes to redevelop the lands with a 29-storey residential building containing 296 dwelling units and an approximate gross floor area of 20,761 square metres and 8.2 floor space index. On August 14, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal due to City Council not making a decision within the 90-day time frame specified in the Planning Act. The City Solicitor requires further direction for the upcoming Ontario Land Tribunal hearing.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report November 1, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (November 1, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated October 28, 2024, set out in Confidential Appendix A to the report (November 1, 2024) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement, subject to the conditions set out below: a. confirmation that the final form and content of the Draft Zoning By-law Amendment are to the satisfaction of the City Solicitor and the Executive Director, Development Review; b. the owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such report shall determine the stormwater runoff, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, and/or any upgrades that may be required; c. should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report, a Holding Provision shall be included in the final form of the site-specific zoning by-law amendment and the Holding Provision is not to be lifted until such time as the owner has made satisfactory arrangements with the City for the design and construction of any improvements to the municipal infrastructure, including entering into appropriate agreement(s) with the City and the provision of financial securities, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner has submitted an updated Transportation Impact Study report which will include information on the proposed driveway relocation, site circulation, traffic signals and any outstanding comments not addressed to the satisfaction of the General Manager, Transportation Services; e. the owner has addressed all outstanding issues raised in the Urban Forestry, Tree Protection and Plan Review memo dated May 15, 2023, as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; f. the owner has submitted revised architectural drawings removing the proposed balconies on the north façade of the base building; and g. the owner has submitted a Pedestrian Level Wind Study demonstrating that the development can achieve comfortable wind conditions and that any necessary modifications to achieve pedestrian comfort are implemented and secured in the Zoning By-law and/or Site Plan process, all to the satisfaction of the Executive Director, Development Review Services. 2. In accordance with Section 42 of the Planning Act, the Owner is required to satisfy the parkland dedication requirement through cash-in-lieu; as per Toronto Municipal Code Chapter 415-29, the appraisal of the cash-in-lieu will be determined under the direction of the Executive Director, Corporate Real Estate Management; additionally, the Toronto Municipal Code Chapter 415-28, requires that the payment be made prior to the issuance of the first above-ground building permit for the land to be developed. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendices A and B to the report (November 1, 2024) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix A and Confidential Appendix B to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that the balance of Confidential Attachment 1 to this report, from the City Solicitor, remain confidential as it contains advice which is subject to solicitor-client privilege.
MM23.19adopted
Through 2024.PH13.6 City Council authorized the Executive Director, Housing Secretariat, to negotiate and enter into, on behalf of the City, a municipal housing facility agreement with the Tenant for the development of affordable housing to be constructed on 267 and 275 Merton Street and to set out the terms of the operation of the new affordable rental housing. The key terms of this Contribution Agreement were included in Confidential Attachment 2 to the 2024.PH13.6 report. It was recently brought to staff's attention that there was an error in the key terms that requires correction. Details of the inconsistency and the proposed amendment are included in Confidential Attachment 1 to this motion. Through authorizing this motion, City Council will enable Staff to revise, finalize and execute the Contribution Agreement for 267-275 Merton Street with the Developer in alignment with the terms approved by City Council, enabling this important purpose-built rental project to advance. This motion requires urgency as this issue is preventing the execution of the project's contribution agreement and ground lease which are required by the Canada Mortgage and Housing Corporation as a part of their loan applications for the project. Requires Re-opening Item 2024.PH13.6 (June 26 and 27, 2024 City Council Meeting) only as it pertains to Key Terms for Proposed Transaction.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council amend its previous decision on Item 2024.PH13.6 by: a. amending Part 2 by adding the words "as amended by Confidential Attachment 1 to this Member Motion" after the words "Confidential Attachment 2 to the report (May 30, 2024) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management", so that Part 2 now reads as follows: 2. City Council authorize the public release of Confidential Attachments 1 and 2 to the report (May 30, 2024) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management, following the completion of the developments contemplated in Confidential Attachment 2 to the report (May 30, 2024) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management, as amended by Confidential Attachment 1 to this Member Motion, at the discretion of the Executive Director, Corporate Real Estate Management. b. amending Parts 3 and 4 by adding the words "as amended by Confidential Attachment 1 to this Member Motion" after the words "Confidential Attachments 1 and 2 to the report (May 30, 2024) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management", so that Parts 3 and 4 now read as follows: 3. City Council authorize the affordable rental housing units described in Confidential Attachments 1 and 2 to the report (May 30, 2024) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management, as amended by Confidential Attachment 1 to this Member Motion, to be constructed on the lands known as 267 and 275 Merton Street, to be eligible for waivers of fees for planning applications, building permits, parkland dedication and development charges exemptions, unless already paid or exempted by provincial legislation. 4. City Council authorize an exemption from taxation for municipal and school purposes for 99 years for the affordable rental housing units described in Confidential Attachments 1 and 2 to the report (May 30, 2024) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management, as amended by Confidential Attachment 1 to this Member Motion, to be located on 267 and 275 Merton Street. 2. City Council direct that Confidential Attachment 1 to this motion remain confidential as it pertains to a proposed or pending acquisition or disposition of land by the City of Toronto. 3. City Council authorize the public release of Confidential Attachment 1 to this motion following the completion of the developments contemplated in Item 2024.PH13.6, at the discretion of the Executive Director, Corporate Real Estate Management.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Gord Perks, recommends that: 1. City Council amend its previous decision on Item 2024.PH13.6 by: a. amending Part 2 by adding the words "as amended by Confidential Attachment 1 to this Member Motion" after the words "Confidential Attachment 2 to the report (May 30, 2024) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management", so that Part 2 now reads as follows: 2. City Council authorize the public release of Confidential Attachments 1 and 2 to the report (May 30, 2024) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management, following the completion of the developments contemplated in Confidential Attachment 2 to the report (May 30, 2024) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management, as amended by Confidential Attachment 1 to this Member Motion, at the discretion of the Executive Director, Corporate Real Estate Management. b. amending Parts 3 and 4 by adding the words "as amended by Confidential Attachment 1 to this Member Motion" after the words "Confidential Attachments 1 and 2 to the report (May 30, 2024) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management", so that Parts 3 and 4 now read as follows: 3. City Council authorize the affordable rental housing units described in Confidential Attachments 1 and 2 to the report (May 30, 2024) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management, as amended by Confidential Attachment 1 to this Member Motion, to be constructed on the lands known as 267 and 275 Merton Street, to be eligible for waivers of fees for planning applications, building permits, parkland dedication and development charges exemptions, unless already paid or exempted by provincial legislation. 4. City Council authorize an exemption from taxation for municipal and school purposes for 99 years for the affordable rental housing units described in Confidential Attachments 1 and 2 to the report (May 30, 2024) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management, as amended by Confidential Attachment 1 to this Member Motion, to be located on 267 and 275 Merton Street. 2. City Council direct that Confidential Attachment 1 to this motion remain confidential as it pertains to a proposed or pending acquisition or disposition of land by the City of Toronto. 3. City Council authorize the public release of Confidential Attachment 1 to this motion following the completion of the developments contemplated in Item 2024.PH13.6, at the discretion of the Executive Director, Corporate Real Estate Management.
CC23.20adopted
A redevelopment proposal to permit a 15-storey mixed use development at 53-63 Sheppard Avenue West and 62-68 Bogert Avenue were the subject of previous staff reports to City Council and an appeal to the Ontario Land Tribunal. There remain outstanding matters which require Council consideration and further direction.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (November 1, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council authorize an amendment to the existing Section 37 Agreement, in a form substantially as attached as Confidential Appendix A to the report (November 1, 2024) from the City Solicitor, subject to the following conditions set out below: a. City Council approve the acceptance of an on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; and b. the owner shall be permitted to use tiebacks where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation, and the Executive Director, Corporate Real Estate Management. 2. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of, the cost to the owner of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 3. City Council authorize the appropriate officials to enter into a limiting distance agreement between the owner of the development at 53-63 Sheppard Avenue West and 62-68 Bogert Avenue and the City of Toronto for the purpose of compliance with the Ontario Building Code, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 4. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (November 1, 2024) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that the balance of Confidential Attachment 1 to this report from the City Solicitor remain confidential as it contains advice which is subject to solicitor-client privilege.
MM23.20adopted
Toronto Azzurri Soccer Club is a Below Market Rent not for profit tenant of a City-owned property located at 4995 Keele Street in Ward 6. On January 1, 2006, the Tenant entered into a 20-year Below Market Rent lease agreement for the Property. As of January 1, 2006, the Tenant began occupying the Property and has constructed an on-site field house and has operated and maintained the field house and the outdoor soccer field at the Property. The Tenant also operates recreational, competitive, and special needs soccer programs on the Property. A lease amendment was executed on June 1, 2008 to increase the area of the Leased Premises, to construct and maintain an environmentally friendly parking lot and to expand the use of the facility to include cricket and other sports and recreational activities. The operating and maintenance cost of the clubhouse and the field will continue to be the responsibility of the Tenant. The forgone revenue is not fully known given the status of the existing nominal lease arrangement. The Property is under the jurisdiction of Toronto Water as Keele Reservoir expansion lands. The expansion lands will be used by Toronto Water in future to increase the size of the current drinking water reservoir located onsite. The expansion of the reservoir is currently not scheduled in the 10-year Toronto Water capital plan. The proposed 10-year lease term better aligns with Toronto Water capital planning activities for the Property. Securing authority for this lease renewal agreement is time-sensitive by virtue of the Tenant needing a confirmation of renewed tenancy to be able to secure grants to continue to deliver their community programs.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation the General Manager, Parks, Forestry and Recreation and the General Manager, Toronto Water, to negotiate and execute a 10-year nominal lease renewal on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management, the General Manager, Parks, Forestry and Recreation, the General Manager, Toronto Water, and the City Solicitor, commencing on July 1, 2025, and ending on June 30, 2035, in respect of 4995 Keele Street, originally dated January 1, 2006, and as amended by a lease amending agreement dated June 1, 2008, between the Toronto Azzurri Soccer Club, as tenant, and the City of Toronto, as landlord, to permit the tenant to operate and maintain their field house, and to operate and maintain the soccer field. 2. City Council authorize the Executive Director, Corporate Real Estate Management, to prepare and execute any related documents on behalf of the City of Toronto, as required.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Anthony Perruzza, recommends that: 1. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation the General Manager, Parks, Forestry and Recreation and the General Manager, Toronto Water, to negotiate and execute a 10-year nominal lease renewal on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management, the General Manager, Parks, Forestry and Recreation, the General Manager, Toronto Water, and the City Solicitor, commencing on July 1, 2025, and ending on June 30, 2035, in respect of 4995 Keele Street, originally dated January 1, 2006, and as amended by a lease amending agreement dated June 1, 2008, between the Toronto Azzurri Soccer Club, as tenant, and the City of Toronto, as landlord, to permit the tenant to operate and maintain their field house, and to operate and maintain the soccer field. 2. City Council authorize the Executive Director, Corporate Real Estate Management, to prepare and execute any related documents on behalf of the City of Toronto, as required.
CC23.21adopted
This report recommends that City Council state its intention to designate the property at 26 Millwood Road under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value according to the Statement of Significance which includes a description of Heritage Attributes found in Attachment 1. Council previously stated its intention to designate the property at 26 Millwood Road under Part IV, Section 29 of the Ontario Heritage Act on May 22, 2024. However, the designation by-law was not passed within the prescribed time frame of 120 days and the Notice of the Intention to Designate the property was deemed to have been withdrawn in accordance with subsection 29(9) of the Ontario Heritage Act. As there is no other restriction that applies to the property currently, subsection 29 (10) of the Ontario Heritage Act permits Council to give a new notice of intention to designate the property in accordance with Section 29 of the Ontario Heritage Act. The subject property at 26 Millwood Road is located on the north side of Millwood Road, approximately 30 metres to the east of Yonge Street in the South Eglinton-Davisville neighbourhood. It contains a 2-storey detached house form building. A location map and current photograph of the heritage property is found in Attachment 2. The property was constructed between 1880-1885 for prominent local businessman and former mayor of North Toronto, Joseph Stanley Davis (1851-1927), whose family founded Davisville Pottery and for whom the village of Davisville is named after. Originally located on Yonge Street, the house has stood at its current location at 26 Millwood Road for nearly a century following its relocation by owner Dr. George Pringle between 1925 and 1926. Staff have determined that the property at 26 Millwood Road has cultural heritage value and meets 4 of the Ontario Regulation 9/06 criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria. Designation enables City Council to review proposed alterations for the property, enforce heritage property standards and maintenance, and refuse demolition. On April 3, 2024, the Toronto and East York Community Council deferred consideration of the staff report regarding 26 Millwood Road - Residential Demolition Application #24 113823 DEM 00 DM until their May 7, 2024, meeting. On May 7, 2024, the Toronto and East York Community Council refused the demolition application.
City Council on November 13 and 14, 2024, adopted the following: 1. City Council state its intention to designate the property at 26 Millwood Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance for 26 Millwood Road (Reasons for Designation) attached as Attachment 1 to the report (October 30, 2024) from the Interim Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.
Staff recommendation as filed
The Interim Chief Planner and Executive Director, City Planning recommends that: 1. City Council state its intention to designate the property at 26 Millwood Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance for 26 Millwood Road (Reasons for Designation) attached as Attachment 1 to the report (October 30, 2024) from the Interim Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.