Toronto City Council
The full agenda, as filed
All 105 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 51 to 100 of 105Show 2550100all
CC5.20adopted
On March 5, 2019, the City of Markham received applications for an Official Plan and Zoning By-law Amendment to permit the development of 27- and 6-storey residential buildings on the lands located at 36, 38, 40, 42, 44, 46, 48 Steeles Avenue East and 37, 39, 41, 43, 45, 47, 49 Highland Park Boulevard ("Proposed Development"). The applicant has appealed the City of Markham's failure to make a decision on the Proposed Development to the Ontario Land Tribunal. The Ontario Land Tribunal held the first Case Management Conference on February 6, 2023, at which the City of Toronto was granted party status. A hearing is scheduled for November 6, 2023, for which the City Solicitor requires instructions. The subject site is comprised of fourteen (14) parcels of land municipally addressed as 36-48 Steeles Avenue East and 37-49 Highland Park Boulevard located within the City of Markham. The site is located on the north side of Steeles Avenue East, which is a City of Toronto road.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege and litigation privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council confirm the actions of the City Solicitor in seeking party status before the Ontario Land Tribunal in the appeal of 36-48 Steeles Avenue East and 37­49 Highland Park Boulevard, in the City of Markham, and City Council direct the City Solicitor, together with City staff, to attend the Ontario Land Tribunal hearing to ensure that the City's interests are protected with respect to the Proposed Development as set out below: a. adequately addresses the City of Toronto's concerns with the proposed widening of the Steeles Avenue East Right of Way to the satisfaction of the Chief Planner and Executive Director, City Planning; and b. adequately addresses the City of Toronto's concerns regarding infrastructure capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, including the authority to enter into any necessary agreements to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor. 2. City Council authorize the City Solicitor to oppose the Proposed Development in the event that the two issues listed above are not satisfied. 3. City Council authorize the City Solicitor to continue discussions with the applicant in an attempt to resolve outstanding issues. 4. 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 (March 17, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and litigation privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the 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, as it contains advice which is subject to solicitor-client privilege and litigation privilege.
MM5.20amended
A strong economic recovery is crucial to the future success and sustainability of this city. To achieve this goal, Toronto must remain a destination to all those drawn to one of the world's most diverse cultural, culinary and artistic communities. As the lead on the Economic Support and Recovery Task Force, I have had the opportunity to work closely with our city's business community and the 85 Business Improvement Areas on the need to support the vibrant main streets and local attractions that make Toronto unique. In order to continue on the path to a strong economic recovery, we must build on the success of programs like CafeTO and the Amplified Live Music on Patios Pilot while providing additional supports to those industries that have experienced a slower recovery - including the tourism and hospitality sector. In 2018, visitor spending contributed $10.3 billion to Toronto's economy and supported 70,000 jobs. While there has been a significant rebound since the lows of the pandemic, hotel demand was still 21 percent below pre-pandemic levels this past January. The 2023 Budget increased the Municipal Accommodations Tax by 50 percent at a time when the industry is just beginning to get back on its feet. In recognition of the impact this increased taxation will have on a still struggling industry, and the significant economic activity and tax revenue generated by boosting tourism and hosting major conferences and events, the City should ensure that the additional funds collected through the Municipal Accommodations Tax are directed towards programs and initiatives that support the tourism and hospitality sector.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council direct the General Manager, Economic Development and Culture to report to City Council, as part of the Economic Development Plan in the first quarter of 2024, on a long-term plan that could allocate revenue attributable to the Municipal Accommodations Tax to initiatives and programs that directly support the tourism and hospitality sector, including strategies to: a. encourage local tourism, especially during the winter season; b. promote and maintain key tourist attractions; c. attract and develop new events and landmarks; d. keep our city clean, reduce vandalism and increase public safety; e. train and attract workers in the hospitality sector; and f. incentivize the hospitality sector to invest in sustainability and take on new capital improvements. 2. City Council request the General Manager, Economic Development and Culture to report to the Economic and Community Development Committee in the fourth quarter of 2023 with any associated requests for the 2024 budget.
Staff recommendation as filed
Councillor Brad Bradford, seconded by Councillor Gary Crawford, recommends that: 1. City Council direct the General Manager, Economic Development and Culture to report to City Council with recommendations for the Mayor to consider in preparing the 2024 budget on a long-term plan that could allocate revenue attributable to the Municipal Accommodations Tax to initiatives and programs that directly support the tourism and hospitality sector, including strategies to:": a. encourage local tourism, especially during the winter season; b. promote and maintain key tourist attractions; c. attract and develop new events and landmarks; d. keep our city clean, reduce vandalism and increase public safety; e. train and attract workers in the hospitality sector; and f. incentivize the hospitality sector to invest in sustainability and take on new capital improvements.
CC5.21adopted
On October 27, 28 and 30, 2020, City Council adopted Official Plan Amendment 499, which, among other matters, created Chapter 6, Section 45, Golden Mile Secondary Plan. The Secondary Plan was subsequently appealed to the Ontario Land Tribunal by 20 appellants and the Ontario Land Tribunal added three additional parties. The purpose of this report is to request further instructions in this matter which is the subject of appeals to the Ontario Land Tribunal.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 13, 2023) 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 (March 13, 2023) 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 (March 13, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the report (March 13, 2023) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (March 13, 2023) 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 the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the 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 contains advice which is subject to solicitor-client privilege.
MM5.21adopted
In early July 2020, while the plans for its redevelopment were being finalized, City staff proposed the vacant parking lot at 229 Richmond Street West (the "Licenced Area") be intermittently used in a similar fashion under the CaféTO program to help surrounding restaurant owners amid the COVID-19 pandemic. The Licensees were not qualified for patios in front of their properties under the CaféTO program, therefore, City staff proceeded to negotiate and grant a licence to the Licensees for the Licenced Area. Due to the urgency for immediate relief before the end of summer, staff used their delegated authority to enter into 14 day-temporary agreements at fair market value with the Licensees. In late July 2020, Council approved waiving the licence fees and permitted an extension to November 16, 2020 for the Licensees to operate at the Licenced Area on a nominal basis. Due to the continuing challenges faced by restaurant businesses as a result of the COVID-19 pandemic, the City entered into new license agreements and consequently extended the licences, on the same terms and conditions, from May 6, 2021 to January 2, 2022 and subsequently, from January 3, 2022 to January 2, 2023. The Licensees have requested use of the Licensed Area from January 3, 2023 until January 2, 2025. Staff are proposing an initial term from January 3, 2023 to December 31, 2023 with one option to extend from January 1, 2024 to January 2, 2025, conditional on the site-specific temporary use by-law being extended by City Council. Per report PH31.8, the site-specific temporary use by-law authorized by City Council is in effect till December 31, 2023 to permit this use during the proposed term. City Planning will be seeking, through a separate report, a further extension of the site-specific temporary use by-law to permit the Licensees to operate during the option to extend period. Furthermore, Municipal Licensing and Standards has confirmed that the liquor licence by the Alcohol and Gaming Commission of Ontario ("AGCO") permits the Licensees to operate the Licenced Area as an outdoor patio during the term of the licence agreements. Therefore, the purpose of this Motion is to obtain authority for the City to enter into separate licence extension and amending agreements with each of the Licensees for the Licensed Area for the purpose of a patio in connection with the Licensees' restaurants located immediately to the west and east of the Licenced Area. The Agreements are on the same terms and condition as provided for in the previous licence agreements with the exception of licensing fees in accordance with the Council approved EX2.4 CaféTO 2023 and Beyond program fee structure. This request is in line with the spirit of the CaféTO program and Council's previous decisions to support local eating establishments as they re-open following closures resulting from the COVID-19 pandemic.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council authorize the Director, Transaction Services, or their designate, to enter into separate licence extension and amending agreements (the "Agreements") with 2249487 Ontario Limited (operating as "The Ballroom") and Fifth Social Club Inc. (collectively, the "Licensees") for the property located at 229 Richmond Street West shown in Appendix B to the Member Motion MM5.21, at a rate equivalent to the rate under the CaféTO program and substantially on the terms and conditions set out in Appendix A to the Member Motion MM5.21, and including such other terms as deemed appropriate by the Director, Transaction Services, or designate, and in a form satisfactory to the City Solicitor. 2. City Council authorize the Director, Transaction Services, or designate, to execute and deliver the Agreements and any amendments on behalf of the City. 3. City Council authorize the Director, Transaction Services, or designate, to administer and manage the Agreements and any other amendments, including the provision of any consents, approvals, waivers, notices and notices of termination, provided that the Director, Transaction Services, may, at any time, refer consideration of such matters to City Council for its determination and direction.
Staff recommendation as filed
Councillor Ausma Malik, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council authorize the Director, Transaction Services, or their designate from time to time, to enter into separate licence extension and amending agreements (the "Agreements") with 2249487 Ontario Limited (operating as "The Ballroom") and Fifth Social Club Inc. (collectively, the "Licensees") for the property located at 229 Richmond Street West shown in Appendix B of this Motion, at a rate equivalent to the rate under the CaféTO program and substantially on the terms and conditions set out in Appendix A of this Motion, and including such other terms as deemed appropriate by the Director, Transaction Services, or their designate from time to time, and in a form satisfactory to the City Solicitor. 2. City Council authorize the Director, Transaction Services, or their designate, to execute and deliver the Agreements and any amendments on behalf of the City. 3. City Council authorize the Director, Transaction Services, or their designate, to administer and manage the Agreements and any other amendments, including the provision of any consents, approvals, waivers, notices and notices of termination, provided that the Director, Transaction Services, may, at any time, refer consideration of such matters to City Council for its determination and direction.
CC5.22adopted
The purpose of this report is to request further instructions for the potential Ontario Land Tribunal hearing into this matter currently scheduled to commence on May 8, 2023, for 10 days. The applicant appealed the proposed Zoning By-law Amendment application for 399-405 Yonge Street to the Ontario Land Tribunal due to Council's neglect or failure to make a decision on the application within the prescribed time period under the Planning Act. The lands 399-405 Yonge Street and 20 Gerrard Street East are proposed to be included in the Official Plan Amendment application appealed by the applicant of 409-415 Yonge Street and 9 and 17 McGill Street to the Ontario Land Tribunal. City Council previously directed City staff to engage with the applicant and Covenant House (owner of 20 Gerrard Street East) in an effort to resolve matters in dispute. The City Solicitor and City staff, along with the other parties to the appeals made by the applicant have engaged in Tribunal led mediation and discussions.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 13, 2023) 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 (March 13, 2023) 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 (March 13, 2023) 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 (March 13, 2023) 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 authorize the City Solicitor to attend the Ontario Land Tribunal hearing on this matter in support of the revised Official Plan Amendment for the lands municipally known as 399-405 Yonge Street and 20 Gerrard Street East that would contain policies substantially in accordance with the following, as generally described in Confidential Appendix A to the report (March 13, 2023) from the City Solicitor, to be read in concert with amendments proposed by 409-415 Yonge Street and 9 and 17 McGill Street: "For the purpose of block planning for the lands known as 409-415 Yonge Street and 9 and 17 McGill Street, 399-405 Yonge Street and 20 Gerrard Street East: a. a mixed-use tall building within the lands known municipally as 409-415 Yonge Street and 9 and 17 McGill Street having a maximum height of 230.5 metres, including any mechanical penthouse, a minimum tall building setback of 10 metres from its south property line shared with the lands municipally known as 407 Yonge Street, a minimum tall building setback of 13.5 metres from its south property line shared with the lands known as 20 Gerrard Street East, and a minimum tall building setback of 10.0 metres from its east property line shared with 20 Gerrard Street East, is permitted. b. any approval of a zoning by-law amendment for the lands known municipally as 399-405 Yonge Street permitting a tall building shall require, pursuant to section 453.1 of the City of Toronto Act, 2006 , the provision of a social housing program and the Owner of the lands and the operator of the social housing program shall be required to enter into an agreement with the City and register it in priority against title to the lands which secures the provision of the social housing program in accordance with this Policy and the requirements of the Zoning By-law Amendment. c. a mixed-use tall building within the lands known municipally as 399-405 Yonge Street having a maximum height of 249.8 metres, a total maximum height of 252.3 metres inclusive of any mechanical projections for a part of the roof area of the building, and a minimum tall building setback of 5.5 metres from its east property line, is permitted provided that the mixed-use tall building includes a social housing program within the building on the lands in accordance with Policy (b) above. d. the minimum tall building setbacks contemplated in Policies (a) and (c) above shall not preclude the development of the lands known municipally as 20 Gerrard Street East for the purpose of a potential tall building (with a 12.5 metre setback to its westerly lot line and a 5.5 metre setback to its easterly lot line) authorized by a zoning by-law amendment provided that any potential tall building proposal within the lands shall not be approved unless it conforms and is consistent with all other municipal policies and all provincial policies (including, without limitation, all policies pertaining to heritage conservation). For the purpose of this Policy (d), the minimum tall building setbacks set out may be increased or decreased as determined through the Zoning By-law Amendment review process of any such proposed tall building, without an Official Plan Amendment to this Policy. e. development on 399-405 Yonge Street will not cast net-new shadow as measured in hourly increments on March 21st from 9:18 a.m.-6:18 p.m. and on September 21st from 9:18 a.m.- 4:18 p.m. on Allan Gardens." 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Official Plan Amendments are in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor. 3. Provided that the applicant for 399-405 Yonge Street withdraws their appeal of the Zoning By-law Amendment application before the Ontario Land Tribunal, City Council direct the Acting Director, Community Planning, Toronto and East York District to bring forward a revised Zoning By-law Amendment substantially in accordance with the development in the Revised Plans and Drawings contained in Confidential Appendix B to the report (March 13, 2023) from the City Solicitor for a statutory public meeting pursuant to section 34 of the Planning Act with the bylaw to include a requirement that a specified residential density be used for the purpose of a social housing program as contemplated by section 453.1 of the City of Toronto Act, 2006 , subject to the execution and registration of any agreement(s) pursuant to section 453.1(3) of the City of Toronto Act, 2006, as may be required to secure the provision of social housing accommodation, when the following have been completed: a. the Owner submits a draft Zoning By-law Amendment that incorporates the requirements of section 453.1 of the City of Toronto Act, 2006 to the satisfaction of the City Solicitor, Housing Secretariat and Toronto Building to secure the social housing and implement the proposal in Confidential Appendix A, Confidential Appendix B and Confidential Appendix C to the report (March 13, 2023) from the City Solicitor; b. the Owner files an updated complete set of architectural plans based on Confidential Appendix A, Confidential Appendix B and Confidential Appendix C to the report (March 13, 2023) from the City Solicitor; c. the Owner applies for and seeks approval of an application under section 33 of the Ontario Heritage Act to request alteration of the heritage properties municipally known as 401 Yonge Street proceeding at the same meeting of Council that this matter would be brought forward to; and d. the Owner has, at its sole cost and expense: i. submitted a revised Functional Servicing Report and 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. has secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, 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 accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and iii. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws to the satisfaction of the Chief Planner, City Planning Division and the City Solicitor. 4. Prior to the release of these instructions, the City Solicitor shall obtain from the applicant for 399-405 Yonge Street, the withdrawal of its appeal of the Zoning By-law Amendment from the Tribunal so that Council may enact a Zoning By-law Amendment to establish residential densities for the purpose of a social housing program as defined by section 453.1 of the City of Toronto Act, 2006 within the lands and which implements the Revised Proposal. 5. City Council authorize the City Solicitor and appropriate City staff to take all necessary actions to implement City Council's decision. Confidential Appendices A, B and C to the report (March 13, 2023) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (March 13, 2023) from the City Solicitor remains confidential at the discretion of the City Solicitor in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the 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, Confidential Appendix A, Confidential Appendix B and Confidential Appendix C 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 contains advice, which is subject to solicitor-client privilege.
MM5.22amended
At the City of Toronto, and the Toronto Transit Commission, and in all municipalities in Ontario there are several matters that are typically discussed by Councillors "in camera." It is understood and well accepted by all municipalities in the province that there are items are properly discussed behind closed doors. Private sessions take place to discuss matters such as those that may be about an identifiable individual, property acquisition, labour relations, litigation and potential litigation, advice subject to solicitor-client privilege, and many other topics. Metrolinx routinely discusses regular matters in secret and behind closed doors - matters that are dealt with out in the open and with full transparency in all major municipalities and transit agencies across the province. Routinely, Metrolinx discusses issues such as traffic management, updates to ongoing projects, COVID-19 impacts, strategic objectives, and fiscal outlooks in private. Notable items that were discussed entirely in private include Metrolinx's Indigenous Relations Program Implementation, The 2023-24 Metrolinx Business Plan, and the Finch West Light Rail Transit update. These are items that the public should be aware of, and have a say in. Unlike Toronto City Council, the Toronto Transit Commission, or other Committees of Council, Metrolinx does not allow local community members or groups to appear in person or online at Metrolinx board or committee meetings. This should not be how a publicly owned and operated corporation runs itself, especially one that is constructing the largest transit expansion program in North America.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council request the Minister of Transportation and the Province of Ontario to amend the Metrolinx Act (2006) to require that Metrolinx and the meetings of its Board of Directors operate in a more open, transparent, and fully accountable manner by being required to give notice and hold all meetings in public, with the ability for members of the public to make deputations both in-person and online, except when considering confidential information, operating under similar policies as municipal and regional governments. 2. City Council request the Minister of Transportation and the Province of Ontario to review and amend Section 11 (3) of the Metrolinx Act (2006) to specify what topics at Board of Directors meetings must be accessible to the public and what topics must be handled in closed session. 3. City Council communicate to the Province of Ontario that the Board of Metrolinx should include elected officials from area municipalities, as it was the case with the GO Transit Board in the past.
Staff recommendation as filed
Councillor Chris Moise, seconded by Councillor Mike Colle, recommends that: 1. City Council request the Minister of Transportation and the Province of Ontario to amend the Metrolinx Act (2006) to require that Metrolinx and the meetings of its Board of Directors operate in a more open, transparent, and fully accountable manner by being required to give notice and hold all meetings in public, with the ability for members of the public to make deputations both in-person and online, except when considering confidential information, operating under similar policies as municipal and regional governments. 2. City Council request the Minister of Transportation and the Province of Ontario to review and amend Section 11 (3) of the Metrolinx Act (2006) to specify what topics at Board of Directors meetings must be accessible to the public and what topics must be handled in closed session.
CC5.23adopted
The purpose of this report is to seek further instruction in relation to a development application for an appeal at the Ontario Land Tribunal.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) 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 (March 17, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 17, 2023) 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 (March 17, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice settlement offer, dated February 14, 2023, and the revised architectural plans, dated July 1, 2022, prepared by BPD Quadrangle Architects Limited, in Confidential Appendix A (the "Settlement Offer") to the report (March 17, 2023) from the City Solicitor. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal on this matter in support of the revised development proposal generally described in the Settlement Offer. 3. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order until such time as the Tribunal has been advised by the City Solicitor that the outstanding matters, listed below, have been completed or to request that the Tribunal impose, as part of the Zoning By-law Amendment, a Holding (H) Symbol be placed on the lands until such time as the outstanding matters have been completed: a. the final form and content of the Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning, 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 Applicant, at its sole expense, has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development; d. the Applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, which includes, amongst other things, providing a revised arborist report, revised tree protection plans, a revised landscape/planting plan, a Natural Heritage Impact Study, and a tree removal/injury permit application all to the satisfaction of the Supervisor, Tree Protection and Plan Review; e. the Owner has provided an acceptable Tenant Relocation and Assistance Plan to mitigate hardship for tenants of the existing three (3) rental dwelling units proposed to be demolished, addressing financial compensation and other assistance to mitigate hardship, prior to the issuance of Notice of Approval Conditions for Site Plan Approval; f. the Owner has provided a legal undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the required Tenant Relocation and Assistance Plan pertaining to the existing three (3) rental dwelling units proposed to be demolished; g. should Chapter 667 of the Toronto Municipal Code apply to the Lands, City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has approved the Rental Housing Demolition Application in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the existing rental dwelling units on the Site; h. the Owner has satisfied the outstanding matters identified in the Urban Forestry (Ravine and Natural Feature Protection) memorandum dated January 4, 2022, to the satisfaction of the Manager, Urban Forestry (Ravine and Natural Feature Protection); i. the Owner convey a 10-metre buffer adjoining the ravine top of bank, to the satisfaction of the Toronto and Region Conservation Authority, the Chief Planner and Executive Director, City Planning and the City Solicitor; and j. the Owner, at its sole cost and expense, has: i. submitted a hydraulic network model simulation/analysis and sanitary calculations, and a revised Functional Servicing 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. submitted a revised Transportation Demand Management Plan, to the satisfaction of, the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; and iii. submitted a revised Transportation Impact Study including a Transportation Demand Management Plan to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study be secured, if required, and if necessary, the proposed Zoning By-law Amendment has been revised to address any mitigation measures to reduced parking ratios arising from the accepted studies or reports. 4. City Council recommend to the Chief Planner and Executive Director, City Planning that the following matters, among others, be secured at the time and through the Site Plan Approval process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; as follows: a. the Owner shall construct and maintain the development of the 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; b. the Owner shall provide a pedestrian level wind study, 1:50 scale detailed colour renderings of building elevations, and a material sample board to the satisfaction of the Chief Planner and Executive Director, City Planning Division; and c. should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the owner prior to the issuance of the first above-grade building permit for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor. 5. City Council authorize the City Solicitor to take all necessary steps to implement City Council's decision. Confidential Appendix A to the report (March 17, 2023) 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 (March 17, 2023) 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 (March 17, 2023) 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 recommendations contained in the 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.
MM5.23adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 1425 Bloor St. W. operating under the name Keys Comedy Club (the "Premises"). The application is for an indoor area. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that this application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence. This Premises is located in close proximity to residential units. There are concerns related to noise, litter, safety, and other potential disturbances to residents in the area. If conditions are put in place, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales license without conditions attached. This matter is considered urgent as the deadline for objections is April 13, 2023.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Keys Comedy Club, 1425 Bloor St. W. (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence, and that the Registrar should issue a Proposal to Review the liquor licence application. 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and be directed to take all necessary actions so as to give effect to City Council decision, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Alejandra Bravo, seconded by Councillor Amber Morley, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Keys Comedy Club, 1425 Bloor St. W. (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence, and that the Registrar should issue a Proposal to Review the liquor licence application. 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
CC5.24not adopted
On July 15, 2021, the City received a Zoning By-law Amendment application for the lands at 1-3 Concorde Gate and 10-12 Concorde Place (the "Site"). The application was to permit the redevelopment of the Site with five residential buildings consisting of nine towers ranging in height from 40 to 52 storeys. 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 January 28, 2022. A With Prejudice Offer to Settle the appeal of the Zoning By-law Amendment was provided to the City on March 16, 2023. The City Solicitor requires instructions on the settlement offer, which will expire on the completion of the City Council meeting which commences on March 29, 2023. A Plan of Subdivision application was also received on July 15, 2021, and was similarly appealed on January 28, 2022 due to the City's non-decision. The Plan of Subdivision appeal will be held in abeyance and City staff will work with the Applicant to resolve the remaining draft plan of subdivision issues in order to finalize a set of draft plan of subdivision conditions.
City Council on March 29, 30 and 31, 2023, did not adopt Item CC5.24.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the 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.
MM5.24adopted
This Motion seeks Council's authorization to release $92,179.93 in Section 37 monies to the Bentway Conservancy for the Waterfront Reconnect Project to be constructed under the Gardiner Expressway at Lower Simcoe Street. At its meeting on July 19, 20, 21, and 22, 2022, City Council approved a Zoning By-law amendment application for a new mixed-use development at 200 Queen Quay West. The Council approval required that, as a part of the Section 37 contribution the owner make a cash contribution in the amount of $90,000.00 toward the Bentway Waterfront Reconnect project for improvements under the Gardiner Expressway at Lower Simcoe Street, to be paid at such time as the Zoning By-law amendment comes into full force and effect, and that such amount be indexed upwardly in accordance the Statistics Canada Construction Price Index, calculated from the date of the passing of the Zoning By-law Amendment to the date the payment is made. The Zoning By-law amendment is now in full force and effect and the City has received a Section 37 payment of $92,179.93 from the owner. The Bentway Conservancy is a registered not-for-profit charity whose objective is to plan, create and program new accessible and animated public spaces in areas underneath the Gardiner Expressway, so that these spaces become an integral part of the larger downtown public realm. As a not-for-profit organization providing community services and serving local residents, the Bentway Conservancy is eligible for Section 37 funds, provided they are for capital improvements. The Waterfront Reconnect project is a collaboration between the Bentway Conservancy, the City of Toronto, the Waterfront Business Improvement Area and the Toronto Downtown West Business Improvement Area. The project includes creative installations that re-imagine the experience of pedestrians and cyclists at two intersections under the Gardiner Expressway at York Street and Lower Simcoe Street. These installations are intended to address safety, reinforce a sense of arrival, and transition and transform the space into an opportunity for enhanced connectivity between the central city and the waterfront. The Waterfront Reconnect project to be installed at Lower Simcoe Street is called Pixel Story. The scope of work include painting the bents and girders of the Gardiner as well as various scales of pixels including walls with movable pixels, that display a range of stories from the historic shoreline to the daily experiences of residents and visitors about the waterfront and the attractions on both sides of the Gardiner. The Bentway Conservancy plans the Pixel Story installation to begin in early April of 2023 to be completed by the end of May 2023. Section 37 funds have been both secured and received by the City from the development at 200 Queens Quay West specifically for the Bentway Conservancy to fund capital improvements for the Pixel Story Waterfront Reconnect Project to be constructed under the Gardiner Expressway at Lower Simcoe Street. City Planning staff advise that the proposed purpose of the funds as set out in the recommendations of this Motion are in accordance with Council approved guidelines and protocols. Prior to receiving the funds, the Bentway Conservancy will be required to sign an Undertaking governing the use of the funds and the financial reporting requirements.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council increase the 2023 City Council Approved Operating Budget for Non-Program by $92,179.93 gross, $0 net, (Cost Centre: NP2161) on a one-time basis, fully funded by Section 37 community benefits obtained from the development of the lands municipally known in the year 2021 as 200, 208 and 218 Queens Quay West, and 8 York Street and 228 and 230 Queens Quay West (Source Account: 220096), for the purpose provided for in the enabling by-law of forwarding funds to the Bentway Conservancy for improvements under the Gardiner Expressway at Lower Simcoe Street as part of the Bentway Waterfront Reconnect project. 2. City Council approve forwarding the Section 37 funding in the amount of $92,179.93 to the Bentway Conservancy, subject to the organization signing an Undertaking governing the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor Ausma Malik, seconded by Councillor Paula Fletcher, recommends that: 1. City Council increase the 2023 City Council Approved Operating Budget for Non-Program by $92,179.93 gross, $0 net, (Cost Centre: NP2161) on a one-time basis, fully funded by Section 37 community benefits obtained from the development of the lands municipally known in the year 2021 as 200, 208 and 218 Queens Quay West, and 8 York Street and 228 and 230 Queens Quay West (Source Account: 220096), for the purpose provided for in the enabling by-law of forwarding funds to the Bentway Conservancy for improvements under the Gardiner Expressway at Lower Simcoe Street as part of the Bentway Waterfront Reconnect project. 2. City Council approve forwarding the Section 37 funding in the amount of $92,179.93 to the Bentway Conservancy, subject to the organization signing an Undertaking governing the use of the funds and the financial reporting requirements.
CC5.25adopted
The purpose of this report is to request further instructions for the potential Ontario Land Tribunal hearing into this matter currently scheduled to commence on May 8, 2023, for 10 days. The applicant appealed the proposed Official Plan Amendment and Zoning By-law Amendment applications for 409-415 Yonge Street and 9 and 17 McGill Street to the Ontario Land Tribunal from Council's refusal of the applications pursuant to the Planning Act. City Council previously directed City staff to engage with the applicant in an effort to resolve matters in dispute. The City Solicitor and City staff, along with the other parties to the appeals made by the applicant have engaged in Tribunal led mediation and discussions.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 9, 2023) 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 (March 9, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 9, 2023) 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 (March 9, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the "without prejudice" settlement offer as described in Confidential Appendix A to the report (March 9, 2023) from the City Solicitor, and substantially in accordance with Confidential Appendix B (the "Settlement Offer") to the report (March 9, 2023) from the City Solicitor and subject to 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 409-415 Yonge Street and 9 and 7 McGill Street. 3. City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its Order on the Official Plan Amendment and Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the proposed Official Plan Amendments substantially in accordance with what is described in Confidential Appendix A to the report (March 9, 2023) from the City Solicitor, are in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the proposed Zoning By-law Amendments are in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; c. the owner has, at its sole cost and expense: i. submitted a revised Functional Servicing Report and 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. has secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, 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 accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; iii. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws to the satisfaction of the Chief Planner, City Planning and the City Solicitor; and iv. submitted a revised Transportation Impact Study to implement the Settlement Offer and addressing comments in the Engineering and Construction Services Memorandum dated February 23, 2023 from Transportation Services, to the satisfaction of the General Manager, Transportation Services. 4. City Council request the General Manager, Transportation Services: a. to evaluate speed limit reductions in the area, and if determined to be not feasible, to evaluate the potential for the appropriate location of speed calming measures; b. to evaluate whether a no stopping zone should be implemented on Sheard Street; c. to evaluate the feasibility of whether a raised tabletop pedestrian crossing with the installation of pedestrian crossing warrants or stop signs, as may be appropriate, is required at specific intersections in the surrounding area as may be identified in the accepted revised Transportation Impact Study required by Part 3.c.iv above; and d. to examine and report to Toronto and East York Community Council, after the Official Plan Amendment and Zoning By-law Amendment has come into full force and effect, regarding the realignment of Permit Parking to exclude the lands at 409-415 Yonge Street and 9 and 17 McGill Street, from the permit parking on McGill Street. 5. City Council authorize the City Solicitor and appropriate City staff to take all necessary actions to implement City Council's decision. Confidential Appendices A and B to the report (March 9, 2023) 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 (March 9, 2023) 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 (March 9, 2023) 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 the 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, Confidential Appendix A and Confidential Appendix 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.
MM5.25adopted
The City's Vision Zero 2.0: Road Safety Plan highlights how higher speeds contribute to a higher risk of severe injuries and fatalities. The deployment of Automated Speed Enforcement cameras across the City has played an important role in positively changing driver behaviour on roads with the technology in place. To continue our efforts to improve safety across our City and protect the most vulnerable users of our transportation system, this motion recommends that City Council investigate all procurement options to acquire and implement 75 additional Automated Speed Enforcement Cameras as soon as possible, for a total of 150 city-wide. This motion also asks staff to report back on the feasibility improving the program further, including operational enhancements such as permanent installations.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council direct the General Manager, Transportation Services, the Director, Court Services, and the City Solicitor, to investigate all available procurement options to acquire and implement 75 additional Automated Speed Enforcement Cameras to the Automated Speed Enforcement program as soon as possible, and to report to City Council with recommendations for the Mayor to consider in preparing the 2024 budget and staff anticipated required for those 75 additional Automated Speed Cameras. 2. City Council direct the General Manager, Transportation Services and the Director, Court Services to report back on the feasibility of improving the program further, including operational enhancements such as permanent installations.
Staff recommendation as filed
Deputy Mayor Jennifer McKelvie, seconded by Councillor Mike Colle, recommends that: 1. City Council direct the General Manager, Transportation Services, the Director, Court Services, and the City Solicitor, to investigate all available procurement options to acquire and implement 75 additional Automated Speed Enforcement Cameras to the Automated Speed Enforcement program as soon as possible, and to report to City Council with recommendations for the Mayor to consider in preparing the 2024 budget and staff anticipated required for those 75 additional Automated Speed Cameras. 2. City Council direct the General Manager, Transportation Services and the Director, Court Services to report back on the feasibility of improving the program further, including operational enhancements such as permanent installations.
CC5.26adopted
The purpose of this report is to seek further instruction in relation to a development application for an appeal at the Ontario Land Tribunal.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 16, 2023) 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 (March 16, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 16, 2023) 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 (March 16, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice settlement offer, dated March 6, 2023, in Confidential Appendix A to the report (March 16, 2023) from the City Solicitor, and the revised architectural plans, dated February 28, 2023, prepared by Graziani + Corazza Architects in Confidential Appendix B (the "Settlement Offer") to the report (March 16, 2023) from the City Solicitor. 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 revised development proposal generally described in the without prejudice settlement offer and the revised architectural plans, in Confidential Appendix A to the report (March 16, 2023) from the City Solicitor. 3. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold its final Order until such time as the Tribunal has been advised by the City Solicitor that the outstanding matters, listed below, have been completed or to request that the Tribunal impose, as part of the Zoning By-law Amendment, a Holding (H) Symbol be placed on the lands until such time as the outstanding matters have been completed: a. the proposed Zoning By-law Amendment(s) and Official Plan Amendment are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the Owner submit a Rental Housing Demolition and Conversion Declaration of Use and Screening Form and, if there are any affected rental housing units and /or dwelling rooms with existing tenants, that the owner has submitted a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor in accordance with Official Plan Policy 3.2.1.12; c. if a Rental Housing Demolition Application is necessary, that City Council, or the Chief Planner and Executive Director, City Planning, where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable; d. the Owner has, at its sole cost and expense: i. submitted a revised Functional Servicing Report and 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. made financially secured arrangements for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development; iii. submitted a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy, to the satisfactory of the General Manger, Transportation Services, and thereafter implement any such requirements as part of the Site Plan Control application; and iv. submitted an updated Computational Fluid Dynamics pedestrian level wind study that reflects the revised proposal, including the identification of any required mitigation measures to be secured through the site plan process, all to the satisfaction of the Chief Planner and Executive Director, City Planning. 4. City Council recommend to the Chief Planner and Executive Director, City Planning that the following matters, among others, be secured at the time and through the Site Plan Approval process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006 , and secured in a Site Plan Agreement with the City; as follows: a. the Owner shall construct and maintain the development of the 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 site plan application for the building on the Site; b. the Owner shall submit a detailed wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, evaluated to the satisfaction of the Chief Planner and Executive Director, City Planning, and shall construct and maintain any required mitigation measures, to the satisfaction of the Chief Planner and Executive Director, City Planning; c. the Owner shall explore with City staff additional improvements to the duplex curb location to facilitate public realm improvements that result in a safer pedestrian level experience, through a combination of curb extensions and landscaping to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services; d. requirements for a construction management plan, to the satisfaction of the General Manager, Transportation Services, in consultation with the Ward Councillor; and e. the Owner shall agree to provide an Elevation of the west building façade illustrating secondary windows punctuating a blank wall condition, to the satisfaction of the Chief Planner and Executive Director, City Planning. 5. City Council authorize the City Solicitor to take all necessary steps to implement City Council's decision. Confidential Appendix A to the report (March 16, 2023) 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 (March 16, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential 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, 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, as it contains advice which is subject to solicitor-client privilege.
MM5.26amended
Don't Block the Box - by Deputy Mayor Jennifer McKelvie, seconded by Councillor Frances Nunziata
As the City gets ready for Ontario Line construction and associated traffic disruptions, we must find every opportunity to help mitigate congestion and ensure all road users are safe during this time. Regardless of whether you are walking, cycling, riding transit, or driving, we have all had the experience of major intersections being blocked by inconsiderate drivers who have proceeded into the intersection despite there not being enough room to clear the intersection. That vehicle ends up blocking traffic lanes, bike lanes, and/or pedestrian crossings. I believe it is crucial as we work to fight congestion in the months and years ahead that we send a strong message as a City government to drivers: Don't Block the Box. Disruptive drivers that "block the box" when a vehicle enters an intersection and cannot travel all the way through, results in a domino effect preventing cross-traffic movement and endangering other travellers by blocking crosswalks and bike lanes. In other words, blocking the box is unsafe and illegal and causes increased traffic congestion. The motion below asks staff to report back on the best practices for intersection "don't block the box" solutions and requests the province to review the existing fine structure to dramatically increase the fines for an improper stop at an intersection.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council direct the City Manager to request the Province of Ontario to review the existing fine structure and consider increasing the current fine of $85.00 for an improper stop in an intersection to $450.00 and increase the fine for an improper stop in an intersection in a community safety zone from $120.00 to $500.00. 2. City Council direct the General Manager, Transportation Services to report to the Infrastructure and Environment Committee as soon as possible on best practices for "don't block the box" solutions beyond an increased fine. 3. City Council forward this item to the Toronto Police Services Board to request joining the City's advocacy to the Province of Ontario for the increase in fines for an improper stop in an intersection. 4. City Council direct the General Manager, Transportation Services to report to the Infrastructure and Environment Committee as soon as possible on potentially increasing the set fine applicable to Section 950-901B(1) of City of Toronto Municipal Code Chapter 950, Traffic and Parking.
Staff recommendation as filed
Deputy Mayor Jennifer McKelvie, seconded by Councillor Frances Nunziata, recommends that: 1. City Council direct the City Manager to request the Province of Ontario to review the existing fine structure and consider increasing the current fine of $85.00 for an improper stop at an intersection to $450.00 and increase the fine for an improper stop at an intersection in a community safety zone from $120.00 to $500.00. 2. City Council direct the General Manager, Transportation Services to report to the Infrastructure and Environment Committee as soon as possible on best practices for "don't block the box" solutions beyond an increased fine. 3. City Council forward this item to the Toronto Police Board to request joining the City's advocacy to the Province of Ontario for the increase in fines for an improper stop at an intersection.
CC5.27adopted
On September 22, 2011, City Council adopted Official Plan Amendment 144 and corresponding Zoning By-laws 1169-2011 and 1170-2011 (the "Implementing By-laws") to provide for a planning framework for St. Clair Avenue West. A number of landowners appealed City Council's decision on Official Plan Amendment 144 and the Implementing By-laws (the "Appeals") to the Ontario Land Tribunal. Two landowners within the Official Plan Amendment 144 plan area are appellant/parties, and have submitted development proposals for 2231 and 2255 St. Clair Avenue West. The City Solicitor requires further directions for upcoming Ontario Land Tribunal hearings scheduled for June 16, 2023.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) 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, C and D to the report (March 17, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 17, 2023) 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 (March 17, 2023) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice settlement offer dated March 17, 2023, set out in Confidential Appendix A to the report (March 17, 2023) from the City Solicitor, and support the revised proposals that are substantially in accordance with the plans and drawings in Confidential Appendix B to the report (March 17, 2023) from the City Solicitor, for 2231 St. Clair Avenue West (the "Clair West Site") and in Confidential Appendix C to the report (March 17, 2023) from the City Solicitor, for the 2255 St. Clair Avenue West (the "Cobalt Site") (collectively the "Settlement Offer"); and direct the City Solicitor to attend the Ontario Land Tribunal in support of same, subject to the recommendations below. 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the Ontario Land Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment(s) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning 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 if the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law amendment, and that the final form of Zoning By-law Amendments includes same; c. the Applicant has submitted a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study have been secured, if required; d. the Applicant has provided an updated pedestrian level wind study based on wind tunnel analysis and the Toronto Green Standard template and statistics, to the satisfaction of the Chief Planner and Executive Director, City Planning; and e. the Applicant has appropriately addressed comments from Urban Forestry respecting the tree preservation and soil volume requirements for the Sites. 3. City Council recommend that the Chief Planner and Executive Director, City Planning secure through the Site Plan Control process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006 , the Owner's obligation to: a. construct and maintain the development of the 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 site plan application for the development; b. prior to commencement of any excavation and shoring work, submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related matters: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queueing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services; c. prior to the earlier of condominium registration for the development on the Cobalt Site or occupancy of the development on the Cobalt Site, the owner shall prepare all documents and grant, on terms set out in the Site Plan Agreement, a public access easement in favour of the City in perpetuity, including support rights as applicable, for public pedestrian and vehicular use of the rear laneway having a width of not less than 6.0 metres measured from the south property boundary for the full combined width of the Clair West Site and the Cobalt Site, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor; and such access easement, in addition to rights afforded to the general public shall include rights for the abutting property owners to use the easement for the purpose of direct access to their properties, with such lands to be free and clear of all other physical and title encumbrances (except those permitted at the discretion of the City Solicitor including those shown on Confidential Appendix B to the report (March 17, 2023) from the City Solicitor). The owner shall, at its own expense, construct and maintain the rear laneway lands referred to herein at a standard required of a public lane to the satisfaction of the General Manager, Transportation Services, with the design, details and configuration to be determined and secured in the context of site plan approval; and shall provide the City with an indemnity against liability in accordance standard City requirements; d. the owner shall provide the City with an option to require the fee simple conveyance for nominal consideration, free of any encumbrances of both the southerly 3.0 metre wide portion of the laneway lands referred to in Part 3c. up to southwest corner of the proposed building on the Cobalt Site and the 6.0 metre wide portion of the laneway beyond the southwest corner of the proposed building on the Cobalt Site to Cobalt Avenue to the City, all to the satisfaction of the General Manager Transportation Services and the City Solicitor on terms set out in the Site Plan Agreement; the option shall be exercisable at the discretion of the General Manager, Transportation Services, to facilitate a public lane at the rear of Sites; if the City exercises its option, the then owner of the of property shall prepare all documents and convey the lands to the City on a date that is 120 days following the delivery of notice by the City, or a date otherwise determined appropriate by the General Manager, Transportation Services, to the satisfaction of the City Solicitor; and prior to conveyance, and as may be required, the owner shall assess and remediate the lands being conveyed, in accordance with the most current environmental policies of City Council and reconstruct the rear access as a public lane; e. prior to the earlier of condominium registration or occupancy, the owner shall prepare all documents and grant, on terms set out in the Site Plan Agreement, an easement in favour of the City in perpetuity, including support rights as applicable, for public pedestrian and vehicular use of Mondavi Gate to the east of 2231 St. Clair Avenue West having a width of not more than 10.0 metres on the lands generally shown as Part 5 and Part 6 in Confidential Appendix D to the report (March 17, 2023) from the City Solicitor, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor; with such lands to be free and clear of all other physical and title encumbrances (except those permitted at the discretion of the City Solicitor). The owner shall, at its own expense, construct and maintain the lands referred herein to the standard required of a City Street to the satisfaction of the General Manager, Transportation Services, with the design, details and configuration to be determined and secured in the context of site plan approval; and shall provide the City with an indemnity against liability in accordance standard City requirements; f. the owner shall provide the City with an option, to require the fee simple conveyance for nominal consideration, free of any encumbrances of the lands referred to in Part 3.e. to the City (and generally shown as Part 5 and Part 6 in Confidential Appendix D to the report (March 17, 2023) from the City Solicitor), all to the satisfaction of the General Manager Transportation Services and the City Solicitor on terms set out in the Site Plan Agreement; the right shall be exercisable at the discretion of the General Manager, Transportation Services, to facilitate a connection of Mondavi Gate from St. Clair Avenue West to Ryding Avenue; upon receipt of such notice, the then owner of the of property shall prepare all documents and convey the lands to the City on a date that is 120 days following the delivery of notice, or a date otherwise determined appropriate by the General Manager, Transportation Services, to the satisfaction of the City Solicitor; and prior to conveyance, and as may be required, the owner shall assess and remediate the lands being conveyed, in accordance with the most current environmental policies of City Council and reconstruct as a public street; and g. prior to issuance of the first above grade building permit, the owner shall provide the City with a fee simple conveyance for nominal consideration, free of any encumbrances of the 4.94 metre road widening on St. Clair Avenue West to the City, all to the satisfaction of the General Manager, Transportation Services and the City Solicitor on terms set out in the Site Plan Agreement. 4. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision. Confidential Appendices A, B, C, and D to the report (March 17, 2023) 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 (March 17, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 and Confidential Appendices A, B, C and D, if the confidential recommendations are adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential, as it contains advice which is subject to litigation and solicitor-client privilege.
MM5.27adopted
Private Member's Bill 56, Fewer Floods, Safer Ontario Act, 2022, commits to a comprehensive public awareness and education program and mitigates flooding risks. The Bill will enact several measures related to the public awareness of flooding issues, addressing the critical communication and education needed to fill this gap in knowledge of emergency preparedness. With today's changing weather patterns, Torontonians and the broader province's residents need to be informed on how to prevent, mitigate, manage and recover from flooding. Good preparation and knowing what to do in a flood event increases safety and helps minimize potential flood damage. In an effort to support the progress of this Bill, and in advance of the second reading and debate on Bill 56 on March 29, 2023, I have put forward the motion below signalling City Council's support.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council express its support for Bill 56, Fewer Floods, Safer Ontario Act, 2022. 2. City Council forward this item to the Premier of Ontario and the Minister of Municipal Affairs and Housing to support the passing of Bill 56, Fewer Floods, Safer Ontario Act, 2022.
Staff recommendation as filed
Councillor Anthony Perruzza, seconded by Councillor Dianne Saxe, recommends that: 1. City Council express its support for Bill 56, Fewer Floods, Safer Ontario Act, 2022. 2. City Council forward this item to the Premier of Ontario and the Minister of Municipal Affairs and Housing to support the passing of Bill 56, Fewer Floods, Safer Ontario Act, 2022.
CC5.28adopted
On October 13, 2021, Official Plan and Zoning By-law Amendment applications were submitted to permit a residential development at 15, 17, 19, 21 and 23 Hollis Street. On May 18, 2022, revised Official Plan and Zoning By-law Amendment applications were submitted which expanded the site to include 11 and 13 Hollis Street (together with 15-23 Hollis St, the "Site") and altered the proposal to a 46-storey (146.6 metres, inclusive of mechanical penthouse) residential building containing 596 dwelling units. The application includes the reconfiguration of the terminus of Hollis Street into a new cul-de-sac. On August 18, 2022, the applicant appealed the Official Plan and Zoning By-Law Amendments to the Ontario Land Tribunal citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act. A Case Management Conference was held on November 23, 2022 (Ontario Land Tribunal Case OLT-22-004314). A 5-day hearing has been scheduled to start on June 5, 2023. On February 3, 2023, the applicant filed a revised site plan and profile section dated January 31, 2023 with the Ontario Land Tribunal for which it intended to seek the approval of the Ontario Land Tribunal. On February 13, 2023, the applicant again filed a revised site plan and profile section dated February 10, 2023 with the Ontario Land Tribunal, replacing the previously filed drawings. On February 24, 2023, the applicant filed a further revised site plan dated February 23, 2023 with the Ontario Land Tribunal, which supersedes the previous proposals filed with the Ontario Land Tribunal and is intended to be the revised proposal (the "Revised Proposal"). The Revised Proposal is in the comment section and is attached as Public Attachment 1 to this Report. Critical filing deadlines in the Ontario Land Tribunal proceedings will arise prior to the next meeting of City Council. The City Solicitor requires further instructions from City Council. This report has been prepared in consultation with staff from City Planning including Community Planning and Urban Design Staff.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) 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 (March 17, 2023) 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 (March 17, 2023) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (March 17, 2023) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. Confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (March 17, 2023) 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 to this Report from the City Solicitor including the Confidential Appendices, only 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 as it contains advice which is subject to solicitor-client privilege.
MM5.28adopted
On March 14th, the City of Toronto released its first report on the Housing Action Plan. It's a bold plan that focuses on the direct interventions necessary to meet our housing targets, secure affordability, and respond to the generational housing crisis in front of us today. In response to the recent release of the Housing Accelerator Fund, I want to ensure that Toronto submits an application at the earliest opportunity. With the support of our federal partners, this program will helping us unlock new affordable homes, build the infrastructure needed to support complete communities, and meet the ambitious housing targets that we've set for ourselves in the Housing Action Plan. It's never been more unaffordable to live in Toronto than it is today. Whether you're a senior looking to age in the community, a millennial trying to move out of your parents' basement, or a newcomer looking to find a first home, ensuring folks have access to affordable housing options must be our top priority. Let's keep moving forward, together.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council direct the Executive Director, Housing Secretariat and the Chief Planner and Executive Director, City Planning to prepare a submission to the Canada Mortgage and Housing Corporation's Housing Accelerator Fund.
Staff recommendation as filed
Councillor Brad Bradford, seconded by Councillor Lily Cheng, recommends that: 1. City Council direct the Executive Director, Housing Secretariat and the Chief Planner and Executive Director, City Planning to prepare a submission to the Canada Mortgage and Housing Corporation's Housing Accelerator Fund.
CC5.29amended
3377 Bayview Avenue - Official Plan and Zoning By-law Amendments - Request for Directions
On June 13, 2021, an Official Plan and Zoning By-law Amendment application was submitted to permit a development consisting of 15 residential buildings occurring in three phases of development at 3377 Bayview ("the Site"). The application was revised in January 2022 to propose14 residential buildings, the majority of which range in height from 6-storeys to 8-storeys, with three buildings having heights of 11 storeys, 15 storeys, and 20-storeys. The applicant proposes 84,650 square metres of residential gross floor area, resulting in 1,530 residential units, of which 50 percent are proposed to be affordable rental, and 50 percent are proposed to be market rental. A total of 667 square metres of new non-residential gross floor area is proposed, including a private daycare, cafe, and flexible use spaces. A new 18.5 metre-wide public street is proposed at the south end of the site connecting to Bayview Avenue at the existing signalized intersection. The northern portion of street connecting to Bayview Avenue is proposed to be a private street with a width of 18.5 metres, with a new proposed signalized intersection on Bayview Avenue. The majority of the existing Tyndale University building is proposed to be retained, and would continue to operate. A Plan of Subdivision application was also submitted to create a new public street, 4 proposed development blocks and two park blocks. On March 3, 2022, the Applicant appealed the Official Plan and Zoning By-law Amendment applications to the Ontario Land Tribunal due to Council not making a decision within the time frames prescribed in the Planning Act. The Plan of Subdivision application has not been appealed to the Ontario Land Tribunal. The City Solicitor requires further directions for upcoming Ontario Land Tribunal hearing scheduled for 3 weeks commencing July 10, 2023.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Shelley Carroll. 2. City Council adopt the recommendations in Confidential Attachment 1 to the report (March 9, 2023) from the City Solicitor. 3. 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 (March 17, 2023) from the City Solicitor. 4. 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 (March 9, 2023) from the City Solicitor, if adopted by City Council. 5. City Council direct that the balance of Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege. 6. City Council direct that the balance of Confidential Attachment 1 to the report (March 9, 2023) from the City Solicitor remains confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Shelley Carroll, and the confidential instructions to staff in Confidential Attachment 1 to the report (March 9, 2023) from the City Solicitor were adopted by City Council are now public as follows: 1. City Council accept the without prejudice offer to settle dated March 15, 2023 set out in Confidential Appendix A to the report (March 17, 2023) from the City Solicitor, together with the revised plans set out in Confidential Appendix B to the report (March 17, 2023) from the City Solicitor, and the Supplementary Settlement Offer set out in Confidential Appendix C to the report (March 9, 2023) from the City Solicitor (together, the "Settlement Offer"), and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council consent to the application to alter the designated property at 3377 Bayview Avenue (the "Designated Property") once Council states its intention to designate, with conditions, under Part IV, Section 33 of the Ontario Heritage Act, with such alterations substantially in accordance with the revised plans at Confidential Appendix B to the report (March 17, 2023) from the City Solicitor, the Heritage Impact Assessment prepared by ASI, dated June 2021, and the Heritage Impact Assessment Supplement, prepared by ASI, dated January 2023, (both on file with the Clerk) all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning. 3. City Council consent to the application to alter the designated property at 3377 Bayview Avenue (the "Designated Property") once Council states its intention to designate, with conditions, under Part IV, Section 33 of the Ontario Heritage Act, with such alterations substantially in accordance with the plans and drawings dated January 13, 2023, prepared by KPMB Architects in Confidential Appendix A to the report (March 9, 2023) from the City Solicitor, the Heritage Impact Assessment prepared by ASI, dated June 2021 (on file with the Senior Manager, Heritage Planning, Urban Design, City Planning) and the Heritage Impact Assessment Supplement, prepared by ASI, dated January 2023, in Confidential Appendix B to the report (March 9, 2023) from the City Solicitor, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning. 4. 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 draft Official Plan and Zoning By-law Amendments are satisfactory to the City Solicitor, and the Chief Planner and Executive Director, City Planning Division; b. the Owner has provided a Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water addressing the comments as contained within the Engineering and Construction Services memorandum dated February 13, 2023; c. the Owner at its sole expense has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report, 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; d. the Owner has at its sole expense provided a revised Traffic Impact Study, including Travel Demand Management Measures satisfactory to the General Manager and Chief Engineer, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning; e. the Owner has made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to the infrastructure to support this development; f. the Owner has obtained Draft Plan of Subdivision approval from the Chief Planner and Executive Director, City Planning; g. the Owner has entered into a Municipal Housing Facility Agreement, as part of the City's Open Door Affordable Housing Program, to secure the 205 affordable housing units; h. the Owner has paid any outstanding planning application fees to the City Planning Division, to the satisfaction of the Chief Planner and Executive Director, City Planning; i. the Owner has entered into a Heritage Easement Agreement with the City for the Designated Property substantially in accordance with the Heritage Impact Assessment prepared by ASI, dated June 2021, and the Heritage Impact Assessment Supplement, prepared by ASI, dated January 2023 and in accordance with the Conservation Plan required in Part 4.j. below to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor; j. the Owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for the Designated Property prepared by ASI, dated June 2021 and the Heritage Impact Assessment Supplement, prepared by ASI, dated January 2023, to the satisfaction of the Senior Manager, Heritage Planning; and k. the Owner has entered into the In-kind Contribution Agreement pursuant to section 37(7.1) of the Planning Act to secure the in-kind contribution referenced in Part 13 below. 5. City Council direct that its consent to the application to alter the Designated Property under Part IV, Section 33 of the Ontario Heritage Act is also subject to the following conditions: a. that prior to final Site Pan Approval for the subject lands the Owner shall: 1. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Part 4.j. above to the satisfaction of the Senior Manager, Heritage Planning; 2. provide a Heritage Lighting Plan that describes 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 Plan to the satisfaction of the Senior Manager, Heritage Planning; 3. provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning; and 4. 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. b. that prior to the issuance of any permit for all or any part of the Designated Property, 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 building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 4.j. 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; 2. 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, Heritage Lighting Plan and Interpretation Plan; and 3. provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 8 inches x 10 inches colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a USB 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. c. that prior to the release of the Letter of Credit required in Part 5.b.2. 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 Conservation Plan, Heritage Lighting Plan and Interpretation Plan 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. 6. City Council direct that its consent to the application to alter the Designated Property under Part IV, Section 33 of the Ontario Heritage Act is also subject to the following conditions: a. that prior to any Ontario Land Tribunal Final Order issued in connection with the Official Plan Amendment and Zoning By-law Amendment appeal related to the Designated Property, the Owner shall: 1. enter into a Heritage Easement Agreement with the City for the Designated Property substantially in accordance with Confidential Appendix A to the report (March 9, 2023) from the City Solicitor, the Heritage Impact Assessment prepared by ASI, dated June 2021, and Confidential Appendix B to the report (March 9, 2023) from the City Solicitor, and in accordance with the Conservation Plan required in Part 6.a.2. below to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor; and 2. provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for the Designated Property prepared by ASI, dated June 2021 and Confidential Appendix to the report (March 9, 2023) from the City Solicitor, to the satisfaction of the Senior Manager, Heritage Planning. b. that prior to final Site Plan Approval for the subject lands the Owner shall: 1. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Part 6.a.2. above to the satisfaction of the Senior Manager, Heritage Planning; 2. provide a Heritage Lighting Plan that describes 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 Plan to the satisfaction of the Senior Manager, Heritage Planning; 3. provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning; and 4. 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. c. that prior to the issuance of any permit for all or any part of the Designated Property, 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 building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 6.a.2. 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 2. 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, Heritage Lighting Plan and Interpretation Plan; and 3. provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 8 inches x 10 inches colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a USB 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. d. that prior to the release of the Letter of Credit required in Part 6.c.2. 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 Conservation Plan, Heritage Lighting Plan and Interpretation Plan 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. 7. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the Owner of the Designated Property in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 8. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the Designated Property. 9. City Council approve that in accordance with Section 42 of the Planning Act, the Owner shall convey to the City an on-site parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor, according to the following schedule: a. prior to the issuance of the first building permit for Phase 1, the Owner shall convey at least 3,100 square metres of on-site parkland dedication, in the central portion of the site, with frontage on Bayview Avenue; b. prior to the issuance of first building permit for Phase 2, the Owner shall convey the remainder of the parkland dedication in the central portion of the site, which is at least 1,430 square metres; and c. prior to the first building permit for Phase 3, the Owner shall convey the parkland dedication in the Southwest corner of the site, that fronts onto Bayview Avenue and the new public road, and that has minimum 2,080 square metres. 10. 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; 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. 11. 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. 12. City Council require the owner to submit a phasing plan, in a form acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor; and City Council require that phasing regulations be provided in the final form of the Zoning By-law Amendment, if deemed necessary by the Chief Planner and Executive Director, City Planning and the City Solicitor; and City Council require that any appropriate agreement(s) be entered into to provide for the orderly development of the lands, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 13. City Council allow the owner of 3377 Bayview (the "Site") to construct and provide 34 (34) affordable housing rental dwelling units (the "affordable units") as part of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms: a. the provision of the affordable units shall be provided in accordance with the terms and conditions set out in this Part and on such other terms and conditions as are deemed appropriate by the Chief Planner, and Executive Director, City Planning, the Executive Director, Housing Secretariat, and the City Solicitor, in consultation with the Ward Councillor; b. the owner shall provide and maintain the affordable units as follows: i. the affordable units shall be provided in conjunction with each phase of construction. Seventeen (17) of the units are to be provided in Phase 1 with the following seventeen (17) to be provided as follows: a minimum of 6 affordable units in Phase 2, a minimum of 6 affordable units in Phase 3 and any remaining affordable units in Phase 4; ii. the affordable units shall be in contiguous groups of at least 6 dwelling units; iii. the unit mix of the affordable units per phase shall be generally be as follows: 7 percent studio, 69 percent 1­bedroom; 19 percent 2-bedroom; 5 percent 3-bedroom; iv. the average size or residential Gross Floor Area of the affordable units will be no less than the average size of market units in the proposed development; v. tenants of the thirty four (34) affordable units shall be provided with access to, and use of all indoor and outdoor amenities in the development at no extra charge; access to, and use of, these amenities shall be on the same terms and conditions as any other resident of the building without the need to pre­book or pay a fee, unless specifically required as a customary practice for private bookings; vi. all affordable units will be provided with ensuite laundry facilities at no extra charge; vii. tenants of the affordable units will be provided with access to permanent and visitor bicycle parking/bicycle lockers in accordance with the Zoning By-law and on the same basis as other units within the development; and viii. the general configuration and layout of the affordable units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning. c. the Owner shall provide and maintain the affordable units as rental dwelling units for a minimum of 99 years, beginning with the date each such unit is first occupied; no affordable unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable unit shall be made for at least 99 years from the date of first occupancy; upon the expiration of the 99 year period, the owner shall continue to provide and maintain the affordable units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise; d. the Owner shall provide and maintain the affordable units, at no more than one hundred percent of average market rent for a minimum of 99 years, beginning with the date each such unit is first occupied; and e. the Owner shall provide and maintain the affordable units at affordable rents for at least 99 years, beginning with the date that each such unit is first occupied; during the first 99 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline. 14. City Council attribute a value to the in-kind contribution set out in Part 13 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 and direct staff to advise the Owner of such valuation. 15. City Council authorize the Chief Planner and Executive Director, City Planning 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 13 above to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the 3377 Bayview Lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council. 16. 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 (March 17, 2023) 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 (March 17, 2023) 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 (March 17, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor. Confidential Appendices A, B and C to the report (March 9, 2023) 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 (March 9, 2023) 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 (March 9, 2023) 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 the Confidential Attachment 1 to this report from the City Solicitor. 2. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of the recommendations contained in the Confidential Attachment 1 as well as Confidential Appendices A and B, with the remainder of the Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege.
MM5.29adopted
Following direction from City Council Item 2021.EC25.3, Economic Development and Culture is developing a Cultural Districts Program in response to community-based advocacy and efforts to support local culture across several neighbourhoods. The Cultural Districts Program will celebrate the culturally rich neighbourhoods of Toronto and recognize their distinct geographies, histories, patterns of migration and displacement, and forms of cultural expression. It will support community-led placemaking/placekeeping projects and initiatives for a range of distinct cultural communities under threat of displacement. To advance this work, the City retained Jay Pitter Placemaking to develop a program proposal for a city-wide Cultural Districts Program. Working from this program proposal, an interdivisional City staff team is developing eligibility criteria, an application process, and implementation plan for the Cultural Districts Program, which will be brought to City Council for consideration later in 2023. Following City Council's consideration of the program framework, this motion requests that Economic Development and Culture engage with community organizations in Willowdale to explore designating Yonge Street between Steeles Avenue and Drewry Avenue as a Cultural District in recognition of the area's vibrant Iranian culture. The proposed stretch of Yonge Street is a vibrant and thriving community that has become the heart of Toronto's oldest Iranian settlement. This area is home to a diverse range of businesses, including grocery stores, cafes, book stores, and art galleries, that have become important gathering places for the Iranian community. Beyond serving as a present-day cultural hub, this area is a living testament to the decades of Iranian newcomer migration to Toronto. The community's perseverance and hard work have helped to establish a sense of belonging and connection, making it a vital part of Toronto's multicultural fabric. Recognizing this section of Yonge Street as the Iranian District would honor the contributions and achievements of this community and celebrate the richness of Iranian culture in Toronto. Although this will not be initiated until the Cultural Districts Program framework is established, passing this motion today will be meaningful to the Iranian community who have endured much grief and turmoil as they fight together for "women, life, freedom" in Iran.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council request the General Manager, Economic Development and Culture, in consultation with the local Councillor's office, to engage with community organizations in Willowdale to explore designating Yonge Street, between Steeles Avenue and Drewry Avenue, as a Cultural District in recognition of the area's vibrant Iranian culture, following City Council's consideration of objectives and criteria for the Cultural Districts Program.
Staff recommendation as filed
Councillor Lily Cheng, seconded by Councillor Brad Bradford, recommends that: 1. City Council request the General Manager, Economic Development and Culture, in consultation with the local Councillor's office, to engage with community organizations in Willowdale to explore designating Yonge Street, between Steeles Avenue and Drewry Avenue, as a Cultural District in recognition of the area's vibrant Iranian culture, following City Council's consideration of objectives and criteria for the Cultural Districts Program.
CC5.30amended
On December 10, 2020, Official Plan and Zoning By-law Amendment applications were submitted to the City to permit an 80-storey mixed-use development that would partially conserve three heritage buildings located on the site, and proposed 588 purpose built rental units, 74,130 square metres of office space and 872 square metres of retail space. On January 24, 2022, the applicant appealed the Official Plan and Zoning By-Law Amendment applications to the Ontario Land Tribunal citing City Council's failure to make a decision within the time period prescribed under the Planning Act. A Case Management Conference was held on May 20, 2022, and the Ontario Land Tribunal has scheduled a 10-day hearing commencing on April 24, 2023. On November 22 and 23, 2022 the parties to the appeal participated in private mediation. The City Solicitor requires further directions on this matter no later than the completion of the City Council meeting which starts on March 29, 2023.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 16, 2023) from the City Solicitor. 2. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (March 9, 2023) from the City Solicitor. 3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix 1 to the report (March 16, 2023) from the City Solicitor. 4. City Council authorize the public release of: a. the recommendations contained in Confidential Attachment 1 to the report (March 9, 2023) from the City Solicitor with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege; and b. Confidential Appendix 1 to the report (March 9, 2023) from the City Solicitor and Confidential Appendix 2 to the report (March 9, 2023) from the City Solicitor. 5. City Council direct that the balance of Confidential Attachment 1 to the report (March 16, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information which is subject to solicitor-client privilege and information regarding litigation. 6. City Council direct that the balance of Confidential Attachment 1 to the report (March 9, 2023) 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. The confidential instructions to staff in Confidential Attachment 1 to the report (March 16, 2023) from the City Solicitor and the confidential instructions to staff in Confidential Attachment 1 to the report (March 9, 2023) 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 March 15, 2023, set out in Confidential Appendix 1 to the report (March 16, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council allow the owner of 212 - 220 King Street West (the "Site") to construct and provide eleven (11) affordable housing rental dwelling units (the "affordable units") as part of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act , in accordance with the following terms: a. the provision of the affordable units shall be provided in accordance with the terms and conditions set out in this Part 2 and on such other terms and conditions as are deemed appropriate by the Chief Planner, and Executive Director, City Planning, the Executive Director, Housing Secretariat, and the City Solicitor, in consultation with the Ward Councillor; b. the owner shall provide and maintain the affordable units as two-bedroom units as follows: i. the affordable units shall be provided in contiguous groups of at least 6 dwelling units; ii. the average size or residential Gross Floor Area of the affordable units will be no less than the average size of all the two-bedroom market units in the proposed development; and iii. the general configuration and layout of the affordable units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning. c. the owner shall provide and maintain the affordable units as rental dwelling units for a minimum of 25 years, beginning with the date each such unit is first occupied. No affordable unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable unit shall be made for at least 25 years from the date of first occupancy; upon the expiration of the 25 year period, the owner shall continue to provide and maintain the affordable units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise; d. the owner shall provide and maintain the affordable units, at no more than eighty percent of average market rent for a minimum of 25 years, beginning with the date each such unit is first occupied; and e. the owner shall provide and maintain the affordable units at affordable rents for at least 25 years, beginning with the date that each such unit is first occupied. During the first 25 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline. 3. City Council attribute a value to the in-kind contribution set out in Part 2 above equal to 76 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 and direct staff to advise the owner of such valuation. 4. City Council authorize the Chief Planner and Executive Director, City Planning 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 2 above to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the 212-220 King Street West lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council. 5. 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 Official Plan and Zoning By-law Amendments have been prepared in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the owner has addressed the comments in the Engineering and Construction Services memo dated August 4, 2022, or any update to that memo, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and c. the owner has entered into the In-kind Contribution Agreement pursuant to section 37(7.1) of the Planning Act to secure the in-kind contribution referenced in Part 2 above. 6. City Council approve the alterations to the designated heritage properties at 212, 214 and 220 King Street West, in accordance with Section 33 of the Ontario Heritage Act , to allow for the construction of a new 250 metre tall mixed use building substantially in accordance with the plans and drawings dated January 6, 2023 and the Heritage Impact Assessment dated January 6, 2023 revised V2, prepared by Philip Goldsmith Architect all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following conditions: a. that prior to any Ontario Land Tribunal Order being issued in connection with the Official Plan Amendment and Zoning By-law Amendment appeals for 212­220 King Street West the owner shall complete the following matters all to the satisfaction of the City Solicitor: 1. enter into a Heritage Easement Agreement with the City for the properties at 212 and 220 King Street West substantially in accordance with plans and drawings dated January 6, 2023 and the Heritage Impact Assessment dated January 6, 2023 revised V2 prepared by Philip Goldsmith Borgal Architect, subject to and in accordance with the approved Conservation Plan required in Part 6.a.3. below to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; 2. amend the existing Heritage Easement Agreement for the property at 214 King Street West substantially in accordance with plans and drawings dated January 6, 2023 and the Heritage Impact Assessment dated January 6, 2023 revised V2 prepared by Philip Goldsmith Borgal Architect, subject to and in accordance with the approved Conservation Plan required in Part 6.a.3. below to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; and 3. 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 for 212-220 King Street West dated January 6, 2023 revised V2 prepared by Philip Goldsmith Architect, to the satisfaction of the Senior Manager, Heritage Planning; b. that prior to Final Site Plan approval in connection with the Official Plan Amendment and Zoning By-law Amendment for the properties at 212-220 King Street West the owner shall: 1. provide final Site Plan drawings including drawings related to the approved Conservation Plan required in Part 6.a.3. above to the satisfaction of the Senior Manager, Heritage Planning; 2. have obtained final approval for the necessary Official Plan Amendment and Zoning By-law Amendment required for the subject properties, such Amendments to have come into full force and effect; 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. provide a Heritage Lighting Plan that describes how 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 Plan to the satisfaction of the Senior Manager Heritage Planning; 5. submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning; and 6. provide a detailed Landscape Plan for the properties at 212-220 King Street West, satisfactory to the Senior Manager, Heritage Planning. c. that prior to the issuance of any permit for all or any part of the properties at 212-220 King Street 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 buildings as are acceptable to the Senior Manager, Heritage Planning, the owner shall: 1. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Partn6.a.3. 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 2. 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, Heritage Lighting Plan and Interpretation Plan. d. that prior to the release of the Letter of Credit required in Part 6.c.2 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, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan and Interpretation Plan 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; 7. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 212 and 220 King Street West in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 8. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the properties at 212 and 220 King Street West. 9. City Council authorize the City Solicitor to amend the existing Heritage Easement Agreement, registered on title for the heritage property at 214 King Street West, Instrument CT768842 dated February 6, 1986 and on file with the Senior Manager, Heritage Planning. 10. City Council authorize the City Solicitor to introduce any necessary bill in Council to amend the Heritage Easement Agreement. 11. the owner has withdrawn their appeal(s) of the King-Spadina Heritage Conservation District Plan, and if not an appellant, but rather a party to such appeals, the owner shall withdraw as a party and not seek any party or participant status on the appeals. 12. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix 1 to the report (March 16, 2023) 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 (March 16, 2023) 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 (March 16, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor. Confidential Appendices 1 and 2 to the report (March 9, 2023) 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 (March 9, 2023) 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 (March 9, 2023) 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. If the City Solicitor's confidential recommendations are adopted by City Council, then City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendix 1. 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 and information which is subject to solicitor-client privilege.
MM5.30adopted
The City of Toronto has a proud 50-year history of protecting lands in and around Toronto known as the Rouge National Urban Park, the Greenbelt, the Duffins Rouge Agricultural Preserve and the federally owned former airport lands. In 1974, Toronto Council and Mayor David Crombie called for the protection of all these ecologically and agriculturally important lands. In 2000/2001, Toronto Council sought Intervener Status at a Richmond Hill Ontario Municipal Board and approved over $2.7 million to be set aside to support the City's interest and allocated over $1.3 million to support community groups like Save the Rouge Valley System in their efforts to protect these lands. The City of Toronto has supported bringing all federally owned lands within the Rouge Park, including the lands known as the former Pickering Airport lands. Recent provincial legislative changes are threatening to destroy the natural and agricultural heritage system that success governments have protected over the last 50 years.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council affirm its support for protection of the Greenbelt, the Rouge National Urban Park, the Duffins Rouge Agricultural Preserve, and the federally owned Pickering lands. 2. City Council support the unanimous decision by the City of Pickering, made on December 5, 2022, to protect all lands within the Duffins Rouge Agricultural Preserve from urbanization. 3. City Council request the Federal Government to: a. incorporate the Duffins Rouge Agricultural Preserve and the federally owned Pickering lands within the Rouge Park; b. protect the Rouge National Urban Park from "probable risk of irreversible harm to wildlife, natural ecosystems and agricultural landscapes within the Rouge National Park" if the Duffins Rouge Agricultural Preserve is developed as proposed by the provincial government; c. enforce the Memorandum of Understanding signed by the federal and provincial governments that requires consultation with the federal government before any policy changes are made that may impact the Park and include First Nations Treaty Holders in these consultations; and d. conduct a federal Impact Assessment on all removals from the Greenbelt and any proposal to urbanize the Duffins Rouge Agricultural Preserve.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Paul Ainslie, recommends that: 1. City Council affirm its support for protection of the Greenbelt, the Rouge National Urban Park, the Duffins Rouge Agricultural Preserve, and the federally owned Pickering lands. 2. City Council support the unanimous decision by the City of Pickering, made on December 5, 2022, to protect all lands within the Duffins Rouge Agricultural Preserve from urbanization. 3. City Council request the Federal Government to: a. incorporate the Duffins Rouge Agricultural Preserve and the federally owned Pickering lands within the Rouge Park; b. protect the Rouge National Urban Park from "probable risk of irreversible harm to wildlife, natural ecosystems and agricultural landscapes within the Rouge National Park" if the Duffins Rouge Agricultural Preserve is developed as proposed by the provincial government; c. enforce the Memorandum of Understanding signed by the federal and provincial governments that requires consultation with the federal government before any policy changes are made that may impact the Park and include First Nations Treaty Holders in these consultations; and d. conduct a federal Impact Assessment on all removals from the Greenbelt and any proposal to urbanize the Duffins Rouge Agricultural Preserve.
CC5.31adopted
On October 6, 2020, an application to amend the Official Plan and Zoning By-law was submitted for the properties at 1405-1409A Bloor Street West and 229-231A Sterling Road, in order to redevelop the lands with an 18-storey mixed use building with an overall building height of 67.5 metres, inclusive of the mechanical penthouse. The applicant appealed City Council's neglect or failure to make a decision on the applications for Official Plan and Zoning By-law Amendment to the Ontario Land Tribunal on April 8, 2021. On March 16, 2023, the City Solicitor received a with prejudice Settlement Offer, consisting of the correspondence attached to this report as Public Appendix "A" and the architectural plans and drawings attached to this report as Public Appendix "B" (the "Settlement Offer") which proposes to modify the Applications. The City Solicitor requires instructions on the Settlement Offer for the Ontario Land Tribunal hearing scheduled to commence on July 4, 2023.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) 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 (March 17, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to litigation and solicitor-client privilege. Confidential Attachment 1 to the report (March 17, 2023) 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 litigation and solicitor-client privilege. Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor. May 25, 2023 The confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows: 1. City Council accept the Settlement Offer set out in Public Appendix A to the report (March 17, 2023) from the City Solicitor. 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 revised development proposal generally described in the Settlement Offer. 3. City Council accept an on-site parkland dedication (the "On-site Parkland") pursuant to Section 42 of the Planning Act, having a minimum size of 85.35 square metres, generally as shown on Plan A-2.7 in Public Appendix B to the report (March 17, 2023) from the City Solicitor, to be conveyed prior to the issuance of the first Above Grade Building Permit, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, and such on-site parkland dedication to be transferred to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition. 4. City Council accept an off-site parkland dedication (the "Off-site Parkland") pursuant to Section 42 of the Planning Act, having a minimum size of 276.3 square metres, with the exact size, location and configuration of the off-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, and such off-site parkland dedication to be transferred to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition. 5. City Council direct that the Off-site Parkland shall be conveyed to the City prior to the issuance of the first Above Grade Building Permit unless, prior to the issuance of any above-grade building permit(s), including any conditional above-grade building permits, the Owner has: a. posted Financial Security in the amount of the value of the Off-site Parkland as appraised by the Executive Director, Corporate Real Estate Management in a form satisfactory to the City Solicitor, and such security shall not be released until the Off-site Parkland is conveyed to the City in a manner satisfactory to the General Manager, Parks, Forestry and Recreation. From the date the Financial Security is first paid to the City until such time as the Off-site Parkland is conveyed to the City, the Financial Security shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor, for the proposed development and increased on each succeeding anniversary date by the amount of the Construction Price Index for the previous year to the satisfaction of the General Manager, Parks, Forestry and Recreation; and b. registered, or caused to be registered, in priority, a Section 118 Restriction, pursuant to the Land Titles Act against title to the Off-site Parkland to be conveyed to the City, that prohibits the transfer or charge of the parkland without the prior written consent of the General Manager, Parks, Forestry and Recreation, to the satisfaction of the City Solicitor; and provided that in no event shall there by residential occupancy or registration of any condominium on any part of the subject site under the Condominium Act, until such time as the Off-site Parkland has been conveyed to the City. 6. In the event the combination of On-site Parkland and Off-site Parkland referenced in Parts 4 to 5 above is not feasible as determined by the General Manager, Parks, Forestry and Recreation, City Council accept an on-site parkland dedication (the "Alternate On-site Parkland") pursuant to Section 42 of the Planning Act, having a minimum size that meets the full parkland dedication requirement, to be conveyed prior to the issuance of the first Above Grade Building Permit, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, and such on-site parkland dedication to be transferred to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition. 7. 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 Above Base Park Improvements to the Off-site Parkland and On-site Parkland, 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 the development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 8. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Toronto East York District and the City Solicitor, in consultation with other appropriate Divisions, and that they provide for, among other matters: i. a minimum of 10 percent of all units on the subject site as 3-bedroom units and a minimum of 15 percent of all units on the subject site as 2­bedroom units; ii. maximum tower height of 19-storeys fronting Bloor Street West that steps down to nine and four-storeys as the building extends south; iii. no projecting balconies; and iv. any mitigation measures that will have bearing on the approved building envelope or performance standards, arising from any of the accepted plans and studies listed in Part 8.b. below; b. the Owner has, at the Owner's expense: i. submitted a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents (the "Engineering Reports"), including confirmation of water and fire flow, sanitary and storm capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water; ii. addressed all outstanding engineering issues, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memorandum from Engineering and Construction Services, and the General Manager, Transportation Services; iii. secured the design and the provision of financial securities for upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; iv. submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services; v. submitted a revised Landscape Plan, including any necessary financial securities, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation; vi. submitted a Land Use Compatibility Study for peer review, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning and that such matters arising from such Study be secured if required; vii. submitted a Transportation Demand Management Plan, including any necessary financial securities to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning and that such matters arising from such study be secured if required; and the Plan shall include: 1. mode share targets intended on shifting travel away from passenger cars and required parking; 2. method(s) by which the target mode share and parking rates will be reached (for example -future implementation of a bike share station, car-share or transit pass program); 3. the level of commitment to implement, enforce and maintain the plan moving forward; 4. expected short-term and long-term outcomes; and and should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the owner prior to the issuance of any building permit, including a conditional building permit, for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor, calculated from the date of any Ontario Land Tribunal order, allowing the appeal in whole or in part, until the date of payment. 9. City Council recommend to the Chief Planner and Executive Director, City Planning to secure the following matters at the time and through the Site Plan Approval process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City, as follows: a. the submission of an Environmental Noise and Vibration Assessment Report acceptable to the Chief Planner and Executive Director, City Planning and that such matters arising from such study, be secured if required; b. the submission of a Transportation Noise and Vibration Feasibility Assessment for peer review, at the at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; c. the submission of a pedestrian level wind study to the satisfaction of the Chief Planner and Executive Director, City Planning; d. the Owner's agreement to implement any required recommendations and/or mitigation measures from the accepted Wind Tunnel analysis, Traffic Impact Study, Land Use Compatibility Study, Transportation Noise and Vibration Feasibility Assessment, and Landscape Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning; e. the construction and maintenance of the development in accordance with the Tier 1 or higher performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item 2009.PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item 2017.PG23.9 of the Planning and Growth Management Committee, and as may be further amended by Council from time to time; f. the owner's agreement to include warning clauses and signage of the Toronto Catholic District School Board and the Toronto District School Board in the conditions of site plan approval and subsequently within any agreements of purchase and sale or tenant lease agreements for the proposed units, to the satisfaction of the Chief Planner and Executive Director, City Planning; and g. the owner's agreement that prior to the commencement of any excavation and shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services, and the Ward Councillor and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related details: 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, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Planner and Executive Director, City Planning 10. City Council authorize the City Solicitor to take such necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (March 17, 2023) 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 litigation and solicitor-client privilege. The balance of Confidential Attachment 1 to the report (March 17, 2023) 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 recommendations contained in the 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, only at the discretion of 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 litigation and solicitor-client privilege.
MM5.31adopted
In 2022, the Province of Ontario introduced Bill 3, Strong Mayors, Building Homes Act, 2022. The Bill received Royal Assent on September 8, 2022. This legislation concentrates power in the heads of council in Toronto and Ottawa with the purpose of advancing "provincial priorities". Under Bill 3, the Mayor of Toronto has the authority to perform functions that previously required whole of Council support. The Mayor is also granted a veto authority over decisions and bylaws approved by a majority of Council, provided that the Mayor is of the opinion that Council's decision could potentially interfere with the advancement of a "provincial priority" as defined by the Ontario Government. Bill 3 enables greater provincial control over local Councils and decision-making. The new powers provided to the Heads of Council in Ottawa and Toronto do not include sufficient checks and balances. It is critical that Toronto City Council reaffirm the legislative role of City Council and the fundamental principles of decision-making at City Hall.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council call on the incoming Mayor of Toronto to reject the authority for the Head of Council to veto Council decisions and By-laws as permitted under Bill 3, and to enshrine this commitment in formal procedures. 2. City Council call on the incoming Mayor of Toronto to commit to delegating the hiring and firing of department heads and the creation of new departments to the City Manager, and to enshrine this commitment in formal procedures.
Staff recommendation as filed
Councillor Alejandra Bravo, seconded by Councillor Paula Fletcher, recommends that: 1. City Council call on the incoming Mayor of Toronto to reject the authority for the Head of Council to veto Council decisions and bylaws as permitted under Bill 3, and to enshrine this commitment in formal procedures. 2. City Council call on the incoming Mayor of Toronto to commit to delegating the hiring and firing of department heads and the creation of new departments to the City Manager, and to enshrine this commitment in formal procedures.
CC5.32adopted
The lands are located within the Oakburn/Avonshire project, which is a comprehensive, phased redevelopment of the Oakburn Crescent and Oakburn Place lands. The overall Avonshire project generally consists of five residential towers (21-22 storeys) and several townhouse blocks, for a total of 1,383 proposed residential units, and includes a reconfigured road network and the provision of a large central park. The subject applications are intended to permit the development of the final blocks of this larger redevelopment project. The purpose of this report is to request further instructions for the Ontario Land Tribunal hearing into this matter currently scheduled to commence on September 18, 2023, for 9 days. The applicant appealed the proposed Zoning By-law and Official Plan amendments to the Ontario Land Tribunal due to Council's failure to make a decision on the applications within the times prescribed by the Planning Act.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 15, 2023) 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 (March 15, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 15, 2023) 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 (March 15, 2023) 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 March 13, 2023, in Confidential Appendix A to the report (March 15, 2023) from the City Solicitor, and the revised architectural plans, dated February 16, 2023, prepared by Kirkor Architects and Planners, in Confidential Appendix B (the "Settlement Offer") to the report (March 15, 2023) from the City Solicitor 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 revised development proposal generally described in the Settlement Offer. 3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised the Ontario Land Tribunal that: a. the final form and content of the Official Plan and Zoning By-law Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the owner has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has entered into a financially secured agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner has submitted, and City Council has approved, a Rental Housing Demolition application 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 66 rental dwelling units on the lands; e. the owner has provided an acceptable Tenant Relocation and Assistance Plan, including the right for the tenants of the two existing rental units who resided on the lands at the time of the 2007 Application to return to a new rental unit on the lands at similar rent or a replacement rental unit at 105 Harrison Garden Boulevard at similar rent, the provision of alternative accommodation in the form of rent gap payments to all tenants, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning, to be secured in an agreement pursuant to s. 111 of the City of Toronto Act; and f. the owner has submitted a parking justification study, to the satisfaction of the General Manager, Transportation Services. 4. 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 (March 15, 2023) 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 (March 15, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of the recommendations contained in the Confidential Attachment 1 as well as Confidential Appendices A and B, with the remainder of the Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege.
MM5.32adopted
In 2022, the Province of Ontario introduced Bill 39, Better Municipal Governance Act . The Bill received Royal Assent on December 8, 2022. Bill 39 erodes the basic democratic principle of majority rule, by granting the heads of Council in Toronto and Ottawa the authority to approve City bylaws with only a third of Council's support. In December 2022, Toronto City Council reaffirmed its commitment to the principle of democracy on which our Procedures By-law is based, that "the majority of members have the right to decide" as per Section 2.2 of the Toronto Municipal Code Chapter 27 - Council Procedures, and requested that all future mayors not exercise any power that allows for motions to be passed with less than 50 percent +1 majority of Council members present ( Item 2023.CC2.3 ). It is critical that the incoming Mayor of Toronto upholds the principles of majority rule that Council has affirmed, and commits to ensuring that all Torontonians can have their voices heard at Council and their views represented in a fair democratic process.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council call on the new head of Council to publicly commit to never advocating for or implementing in practice fundamental changes to Toronto City Council operations or governance initiated by the Province of Ontario, without full prior support and consent of Toronto City Council and Torontonians.
Staff recommendation as filed
Councillor Alejandra Bravo, seconded by Councillor Amber Morley, recommends that: 1. City Council call on the new head of Council to publicly commit to never advocating for or implementing in practice fundamental changes to Toronto City Council operations or governance initiated by the Province of Ontario, without full prior support and consent of Toronto City Council and Torontonians.
CC5.33amended
On January 20, 2023, the applicant resubmitted to the City revised Official Plan Amendment and Zoning By-law Amendment applications which, in general terms, propose six new buildings: one at 12 storeys and the remainder ranging from 41 to 52 storeys (the "Revised Applications"). As compared to the original applications, the Revised Applications include a draft Official Plan Amendment (the "Revised Draft Official Plan Amendment") that proposes an overall density of 5.98 FSI based on the site area of 29,613 square metres and the requested maximum gross floor area of 177,000 square metres in the Revised Draft Official Plan Amendment. The Revised Applications also propose approximately 2,709 residential units, increased from 1,850 units, an increase in vehicular parking and bicycle parking and decrease in amenity space. A private open space concept is proposed between the buildings on the site. There are inconsistencies between the architectural plans, the various reports and studies, the policies contained in the Revised Draft Official Plan Amendment and the draft provisions of the Zoning By-law Amendment. Accurately ascertaining the proposed overall gross floor area for the site based is not possible in the circumstances, therefore, the proposed overall density may be higher on the lands subject of the Revised Applications than proposed based on the Revised Draft Official Plan Amendment. It is clear, however, that the amount of non-residential gross floor area has been reduced to 6,230 square metres from 8,877 square metres despite the significant increase in residential gross floor area and a reduction of amenity space within the development. The purpose of this report is to request further instructions in this matter, which is the subject of appeals to the Ontario Land Tribunal.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 14, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Gary Crawford. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 14, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 14, 2023) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege and information regarding potential litigation. The confidential instructions to staff in Confidential Attachment 1 to the report (March 14, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Gary Crawford, were adopted by City Council and are now public as follows: 1. City Council continue to direct the City Solicitor, together with appropriate staff and/or external consultants as may be appropriate, to attend the Ontario Land Tribunal hearing to oppose the applicant's appeals respecting the Official Plan Amendment application (Application 20 158264 ESC 20 OZ) and Zoning By-law Amendment application (Application 20 224755 ESC 20 OZ) for the lands at 1891 Eglinton Avenue East. 2. City Council direct the City Solicitor to continue to request that the owner of the subject lands address the preliminary issues related to infrastructure required to support the anticipated growth in the overall context of the Golden Mile Secondary Plan area, including streets, density, servicing, parks, and community service facilities which are to be assessed comprehensively, including coordination with other Golden Mile Secondary Plan area landowners. 3. City Council authorize the City Solicitor and appropriate City Staff to request the Ontario Land Tribunal that any approved Zoning By-law Amendment for all or part of the lands known municipally as 1891 Eglinton Avenue East contain a Holding ("H") By-law pursuant to Section 36 of the Planning Act, for any matters deemed appropriate by the Chief Planner and Executive Director, City Planning which are identified in the Official Plan, including available capacity in the Bermondsey trunk sewer (the "Trunk Sewer") to accommodate the approved development, acceptable and satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, with the form and content of such a Holding ("H") By­law to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 4. In the event the Ontario Land Tribunal allows the appeal of the Official Plan Amendment and/or Zoning By-law Amendment, in whole or in part, City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment and Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the proposed Official Plan Amendments are in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the proposed Zoning By-law Amendments are in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and c. the owner has, at its sole cost and expense: i. submitted a revised Functional Servicing Report and 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. has secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, 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 accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; iii. implemented the accepted Engineering Reports does not require changes to the proposed amending By-laws or any required changes have been made to the proposed amending By-laws to the satisfaction of the Chief Planner, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new or upgrades to existing municipal servicing infrastructure as may be required. 5. City Council direct the City Solicitor to engage in mediation should the applicant agree to adjourn the existing hearing dates and report back to City Council on the outcome of the mediation on or before the July 19, 2023 meeting of City Council. 6. City Council authorize the City Solicitor and appropriate City staff to take all necessary actions to implement City Council's decision. The balance of Confidential Attachment 1 to the report (March 14, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the 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, as it contains advice which is subject to solicitor-client privilege.
MM5.33deferred
No construction on the Gardiner East of Cherry street is scheduled to being until 2026. Moreover, Staff revealed in committee that the current cost estimate provided to Council last month does not include inflation or ongoing maintenance costs. This represents a potential jump in costs of hundreds of millions of dollars over the original 2016 estimate. While this delay and cost escalation is frustrating for residents, there is time for the City to re-evaluate the decision made to rebuild this least-used section of the Gardiner as an elevated expressway. It is incumbent upon Council to explore the feasibility of a plan that could maintain the connection between the DVP and Gardiner with a new road on the ground, or in another configuration, that could save hundreds of millions of dollars. According to a report done by Colliers for the Globe & Mail, a new configuration could also open up over 5 acres of City land with a value of $450M with enough space to build 8,000 homes for 15,000 people.
City Council on March 29, 30, and 31, 2023, deferred Item MM5.33 to the May 10, 11, and 12, 2023 meeting of City Council.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Amber Morley, recommends that: 1. City Council request the General Manager, Transportation Services, to temporarily pause entering the City of Toronto into new contractual obligations regarding the Gardiner East of Jarvis, given that no new construction is scheduled until 2026, to allow for a comprehensive report, in consultation with the City Planning, Housing Secretariat, Parks, Forestry and Recreation, Waterfront Toronto, and CreateTO, is provided to the Infrastructure and Environment Committee, including: a. updated costs for the construction of the "Hybrid" and "Boulevard" options that consider inflation and supply chain issues; b. updated lifecycle maintenance costs of the "Hybrid" and "Boulevard" options that consider inflation and supply chain issues; c. a detailed analysis of the land value and additional housing that could be realized by opting for the at-grade boulevard; and d. contemplation of any alternative option that maximizes existing investment and achieves a Hybrid that opens up more City land and minimizes lifecycle maintenance costs.
CC5.34amended
500 Duplex Avenue - Zoning By-law Amendment Application - Request for Direction Report
On July 7, 2021, the City received a Zoning By-law Amendment application for 500 Duplex Avenue (the "Site") to permit the construction of two infill residential rental buildings of 11 and 15-storeys, in addition to the existing 34-storey rental apartment building which would remain on the Site. The applicant appealed City Council's neglect or failure to make a decision on its application (the "Appeal") to the Ontario Land Tribunal on February 16, 2022. The City Solicitor requires further directions for the upcoming Ontario Land Tribunal hearing scheduled for June 19, 2023.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 15, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Mike Colle. 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 (March 15, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 15, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (March 15, 2023) from the City Solicitor, as amended by Motion by Councillor Mike Colle, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice settlement offer set out in Confidential Appendices A and B to the report (March 15, 2023) from the City Solicitor (collectively, the "Settlement Offer"), and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the Settlement Offer, subject to the Parts below. 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until the Ontario Land Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment(s) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. City Council has approved Rental Housing Demolition Application 21 180738 NNY 08 RH under Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006 , to demolish the rental units on-site and secure tenant relocation and assistance, and rental replacement, if required, to the satisfaction of the Chief Planner and Executive Director, City Planning; 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 rental housing related-matters; c. 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 and the final form of Zoning By-law amendment contains same; d. the Applicant has submitted a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study be secured, if required; and e. the Applicant has provided an updated pedestrian level wind study based on wind tunnel analysis and a Toronto Green Standard template and statistics, to the satisfaction of the Chief Planner and Executive Director, City Planning. 3. City Council accept an onsite parkland dedication by the Owner in satisfaction of the owner's parkland contribution required pursuant to the Planning Act , with such onsite parkland to be conveyed to the City prior to the issuance of any above grade building permit for the lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; the location of the onsite parkland contribution shall be to the satisfaction of the General Manager, Parks, Forestry and Recreation and the subject parkland conveyance shall be in base park condition (unless otherwise agreed to by the General Manager, Parks, Forestry and Recreation), in an acceptable environmental condition, and is to be free and clear, above and below grade of all physical and title encumbrances and encroachments, including surface and subsurface easements, except for those encumbrances permitted by the General Manager, Parks, Forestry and Recreation, and the City Solicitor. 4. Should the Owner elect to complete Above Base Park Improvements, 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 the Development Charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 5. City Council direct the Director, Community Planning, North York District to discuss with the Owner the potential provision of affordable housing on the lands as an in-kind contribution in accordance with the City's Community Benefits Charge By-law. 6. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision. Confidential Appendices A and B to the report (March 15, 2023) 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 (March 15, 2023) 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 (March 15, 2023) 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 the 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, Confidential Appendix A and Confidential Appendix B to this report from the City Solicitor, if the confidential recommendations are 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 and information which is subject to solicitor-client privilege.
MM5.34adopted
Established during the pandemic, this food incubator is a rare opportunity for entrepreneurs from equity seeking groups to establish their food business ideas. Due to the pandemic, changeover during election and some surprise challenges, the current co-hort have experienced difficulties towards sustainability. This motion gives these business owners a small extension and opportunity to be successful. The selection of a not-for-profit operator to lead the incubation activities at the City-initiated Food Incubator Program has experienced a delay. Before it is appropriate to charge the full rent for the space, the selection of a not-for-profit organization should occur in order that the food hall is optimally prepared to attract customers and poise the vendors, collectively known as FLIP Kitchens, for business success. The graduated rent abatement anticipates the selection of a not-for-profit operator during Q2-23 as well as an on-boarding period for the new operator to implement the program during Q3-23. In compliance with existing lease obligations, the vendors will be required to provide sales reports to Corporate Real Estate Management to substantiate the level of financial impact to which the absence of a not-for-profit operator has contributed and in order to qualify for rent abatement. Bunhaus Eats Inc abandoned the tenancy in March, 2023, citing an inability to service the rent obligations given the lack of business. The delay in completing the space, the termination of the previous not-for-profit operator and subsequent time it will take to select a new one are significant contributing factors to the failure of the tenant's business. As such, it is appropriate to extend rent abatement and permit the termination of the agreement.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council authorize the General Manager, Economic Development and Culture and the Executive Director, Corporate Real Estate Management to provide a 75 percent rent abatement for the rent payable from January 1, 2023 to March 30, 2023, a 50 percent rent abatement for the rent payable from April 1, 2023 to June 30, 2023 and a 25 percent rent abatement for the rent payable from July 1, 2023 to September 30, 2023 in the total amount of $49,853.34 by the tenants, Da Endz Restaurant Inc., Chic Peas Vegan Cuisine Incorporated, Teta's Kitchen Inc., at 5200 Yonge Street on the condition that each tenant provide sales reports for the period of July 1, 2022 to March 31, 2023 to Corporate Real Estate Management. 2. City Council authorize the General Manager, Economic Development and Culture and the Executive Director, Corporate Real Estate Management to provide a 75 percent rent abatement for the rent payable from January 1, 2023 to March 30, 2023 in the total amount of $8,811.03 by Bunhaus Eats Inc. at 5200 Yonge Street and permit Bunhaus Eats Inc to terminate the lease agreement, effective March 30, 2023.
Staff recommendation as filed
Councillor Lily Cheng, seconded by Councillor Shelley Carroll, recommends that: 1. City Council authorize the General Manager, Economic Development and Culture and the Executive Director, Corporate Real Estate Management to provide a 75 percent rent abatement for the rent payable from January 1, 2023 to March 30, 2023, a 50 percent rent abatement for the rent payable from April 1, 2023 to June 30, 2023 and a 25 percent rent abatement for the rent payable from July 1, 2023 to September 30, 2023 in the total amount of $49,853.34 by the tenants, Da Endz Restaurant Inc., Chic Peas Vegan Cuisine Incorporated, Teta's Kitchen Inc., at 5200 Yonge Street on the condition that each tenant provide sales reports for the period of July 1, 2022 to March 31, 2023 to Corporate Real Estate Management. 2. City Council authorize the General Manager, Economic Development and Culture and the Executive Director, Corporate Real Estate Management to provide a 75 percent rent abatement for the rent payable from January 1, 2023 to March 30, 2023 in the total amount of $8,811.03 by Bunhaus Eats Inc. at 5200 Yonge Street and permit Bunhaus Eats Inc to terminate the lease agreement, effective March 30, 2023.
CC5.35amended
On December 22, 2020, a Zoning By-Law Amendment was submitted for the property at 5, 7, 9, 11, 15 and 19 Cosburn Avenue and 8, 10, 12, 14, 16, 30, 32, 34, 36, 38 and 40 Gowan Avenue (the "Site") to permit the construction of a residential building facing both Gowan and Cosburn Avenues. The proposed new building steps up to a height of 15 storeys (48.5 metres, excluding mechanical penthouse) consisting of 25,950 square metres of residential gross floor area. A total of 316 residential units are proposed with a density of 5.74 times the area of the lot. An on-site parkland dedication of approximately 450 square metres is proposed at the north-west corner of the Site, with a 3 metre wide pedestrian connection proposed to extend from the proposed public park to Gowan Avenue. The application was deemed complete on January 18, 2021. On December 22, 2020 the City received an application for Rental Housing Demolition Application under Chapter 667 of the Municipal Code to permit the demolition of six rental housing units on the site. On November 15, 2021, the applicant filed an appeal with the Ontario Land Tribunal for the Zoning By-law amendment application due to Council not making a decision within the 90-day time frame in the Planning Act. The purpose of this report is to request further instructions for the appeal that remains outstanding at the Ontario Land Tribunal. City Planning has been involved in the preparation of this report.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 14, 2023) from the City Solicitor, as amended by Motions 1 and 2 by Councillor Paula Fletcher. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendices A and B, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 14, 2023) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege and litigation privilege. Confidential Attachment 1 and Confidential Appendices A and B to the report (March 14, 2023) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege and litigation privilege. The confidential instructions to staff in Attachment 1 to the report (March 14, 2023) from the City Solicitor, as amended by Motions 1 and 2 by Councillor Paula Fletcher, 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. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendices A and B, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential, as it contains advice which is subject to solicitor-client privilege and litigation privilege.
MM5.35adopted
Paul Martel Park is a small (1,030 square meters) and well-loved park in the Bloor-Spadina neighbourhood of University-Rosedale. It features native-plant gardens, trees, seating areas and a gathering space. Formerly called Ecology Park, the Park's history is tied deeply to community advocacy and stewardship. Originally a project of the Pollution Probe Foundation, the Annex Residents' Association became the park's champion after it needed rebuilding following the expansion of the adjacent Toronto Transit Commission Spadina Station in the 1990s. It became a City park in 2003 and was renamed Paul Martel Park, after the Park's original community champion, in 2014. In recent years, in collaboration with Parks, Forestry and Recreation, an Indigenous community organization named Aki Wiidookeegewin (Earth Helpers) has undertaken an Indigenous gardening training program in Paul Martel Park, focusing primarily on native plant cultivation and related Indigenous cultural activities, supported in part by funding from Miziwe Biik Aboriginal Employment and Training. The program helps trainees build their resumes through instructor-led activities. In 2022, the City entered into a license agreement with Aki Wiidookaagewin and its trustee partner, The Neighbourhood Group, to formalize the programming in Paul Martel Park. The agreement is renewable year-by-year up to a maximum of three years total, ending on April 30, 2025. The recommendation in this motion would give authority to amend the existing license agreement, including a term extension, to authorize the installation of temporary structures in the park's service area to support the Indigenous cultural programming. Aki Wiidookaagewin and The Neighbourhood Group would be responsible for maintaining the structures in a neat and tidy appearance, and removing them upon expiry of the agreement. If not removed, the structures will become the City's property. They would provide programming that is also available to the public including workshops and tours. The program actively supports the strategic actions of the Reconciliation Action Plan. The structures (specifically a canopy, shed and gazebo) would be funded by a federal grant.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to amend the existing agreement with The Neighbourhood Group Community Services, and Aki Wiidookaagewin - Earth Helpers, to allow the General Manager, Parks, Forestry and Recreation to extend the agreement for up to an additional five one-year terms, at their sole discretion, ending on April 30, 2030, and to allow a temporary canopy, shed and gazebo to be constructed in Paul Martel Park, within the park's service area, on terms satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Dianne Saxe, seconded by Councillor Paul Ainslie, recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to amend the existing agreement with The Neighbourhood Group Community Services, and Aki Wiidookaagewin - Earth Helpers, to allow the General Manager, Parks, Forestry and Recreation to extend the agreement for up to an additional five one-year terms, at their sole discretion, ending on April 30, 2030, and to allow a temporary canopy, shed and gazebo to be constructed in Paul Martel Park, within the park's service area, on terms satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor.
CC5.36adopted
On January 20, 2019, the Applicant submitted an application to amend Zoning By-law 569-2013 and former City of North York Zoning By-law 7625 (the "Application") for the property municipally known as 20 Godstone Road (the "Site" or "Lands"). The purpose of the January 2019 Application (the "Original Proposal") was to permit the development of two additional residential buildings on the site. The site currently contains a 15-storey rental residential building that is proposed to remain, and none of the existing 174 dwelling units in the existing building are proposed to be removed or demolished. The existing rental building has a gross floor area of 16,050 square metres and a Floor Space Index of 1.44 times the area of the lot. The Applicant appealed the Application to the Ontario Land Tribunal for non-decision by City Council within the timeframe prescribed under the Planning Act (the "Appeal"). The City Solicitor requires further instructions at the upcoming City Council meeting on March 29, 2023 due to upcoming disclosure deadlines regarding the hearing for this Appeal.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 3, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 3, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 3, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (March 3, 2023) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the with prejudice settlement offer dated February 27, 2023, for the lands municipally known as 20 Godstone Road set out in Public Attachment 1 to the report (March 3, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold its final Order until such time as the Tribunal has been advised by the City Solicitor that the outstanding matters, listed below, have been completed or to request that the Tribunal impose, as part of the Zoning By-law Amendment, a Holding (H) Symbol be placed on the lands until such time as the outstanding matters have been completed: a. the final form and content of the Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. the Applicant has, at its sole expense, provided a Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water, or that 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 Applicant, at its sole expense, has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development; d. confirmation from the City Solicitor that the implementation of the Functional Servicing Report, Groundwater Report, Stormwater Management Report and Hydrogeological Report, including the Foundation Report, accepted by Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, does not require changes to the proposed amending by-law or that any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner, City Planning Division, and the City Solicitor; e. the Applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and f. the Applicant has, at its sole expense, provided a Transportation Impact Study 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 (March 3, 2023) 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 and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (March 3, 2023) 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 recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. If the City Solicitor's confidential recommendations are adopted by City Council, City Council authorize the public release of the confidential instructions contained in Confidential Attachment 1 to this report from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to this report from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.
MM5.36adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 1733 Bloor St West operating under the name WingsUp! (the "Premises"). The application is for an indoor area and outdoor area. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that this application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence. This Premises is located in close proximity to residential units. There are concerns related to noise, litter, safety, and other potential disturbances to residents in the area. If conditions are put in place, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales license without conditions attached. This matter is considered urgent as the deadline for objections is March 24, 2023.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for WingsUp! 1733 Bloor St. West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence, and that the Registrar should issue a Proposal to Review the liquor licence application; 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for WingsUp! 1733 Bloor St. West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence, and that the Registrar should issue a Proposal to Review the liquor licence application; 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
CC5.37adopted
175 Wynford Drive - Zoning By-law Amendment Application - Request for Direction Report
On September 25, 2020, a Zoning By-law Amendment application was submitted to permit the redevelopment of the lands with four residential and mixed-use buildings ranging from 45 to 54-storeys in height for a total 2,750 dwelling units. On June 20, 2021 the applicant submitted a revised proposal to permit the redevelopment of the lands with three residential and mixed-use buildings with heights of 55, 59 and 65-storeys for a total of 2,500 dwelling units, 1,791 square metres of retail space, hotel and a daycare centre. The proposal has an overall proposed density of 12.4 times the area of the lot. On July 30, 2021, the Applicant appealed City Council's failure to make a decision on the Zoning By-law Amendment to the Ontario Land Tribunal. The purpose of this report is to request further instructions for the appeal that has been scheduled for a contested hearing set to begin on April 24, 2023.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to this report from the City Solicitor are to remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to litigation and solicitor-client privilege, and without prejudice information. Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor remains confidential at this time as it contains advice that is subject to solicitor-client privilege and without prejudice information The balance of Confidential Attachment 1 and Confidential Appendices A and B to the report (March 17, 2023) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege and without prejudice information. The balance of Confidential Attachment 1 and Confidential Appendices A and B to the report (March 17, 2023) 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 the 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, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to this report from the City Solicitor are to remain confidential at the discretion of the City Solicitor, as they contain advice which is subject to litigation and solicitor-client privilege, and without prejudice information.
MM5.37adopted
It has been over one year since the start of the Russia-Ukraine war where Russia invaded and occupied parts of Ukraine. The invasion has resulted in thousands of deaths and has started one of Europe's largest refugee crises since World War II. In an effort to aid the Ukrainian government, this motion recommends that City Council authorize Fleet Services to donate three vehicles at end-of-life. The vehicles include the following: One 2012 Ford Escape Hybrid (Fleet Services); one 2001 Ford Ranger (Fleet Services); and one 2014 Chevrolet Tahoe from Paramedic Services that is equipped with operational lights, sirens, and basic first aid supplies. These vehicles would be used to respond to emergency situations in Ukraine. This will be the second donation made by City Council to the Ukrainian war effort, following the four vehicles the City of Toronto donated in 2022 at the request of the Ukrainian Ambassador to Canada, Yulia Kovaliv. The reason for urgency of this motion is to support the current and ongoing war effort in Ukraine.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council authorize the General Manager, Fleet Services to donate three vehicles at no cost to the Ukrainian government for humanitarian purposes.
Staff recommendation as filed
Deputy Mayor Jennifer McKelvie, seconded by Councillor Mike Colle, recommends that: 1. City Council authorize the General Manager, Fleet Services to donate three vehicles at no cost to the Ukrainian government for humanitarian purposes.
CC5.38amended
580 The East Mall - Zoning By-law Amendment Application - Request for Direction
The purpose of this report is to request further instructions for the Ontario Land Tribunal hearing into this matter currently scheduled to commence on May 8, 2023, for five (5) days. The applicant appealed the proposed Zoning By-law amendments to the Ontario Land Tribunal due to Council's failure to make a decision on the application within the time prescribed by the Planning Act.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions in Confidential Attachment 1 to the report (March 9, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Stephen Holyday. 2. City Council authorize the public release of the confidential instructions in Confidential Attachment 1 and Confidential Appendices A and B to the report (March 9, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 9, 2023) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege and information regarding potential litigation. The confidential instructions to staff in Confidential Attachment 1 to the report (March 9, 2023) 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 settlement offer set out in Confidential Appendices A and B to the report (March 9, 2023) from the City Solicitor, (the "Settlement Offer") and City Council authorize the City Solicitor to take all necessary steps to give effect to a settlement. 2. City Council authorize the City Solicitor and appropriate City Staff to attend at the Ontario Land Tribunal hearing into this matter in support of the Settlement Offer and to request the Ontario Land Tribunal to hold its final order in this matter until: a. the final form and content of the draft Zoning By-law Amendments are determined to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the Applicant has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and c. the Applicant has entered into a financially secured agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services. 3. City Council be advised that the Chief Planner will secure these matters through the Site Plan: a. the owner shall be required as a condition of approval to provide a Construction Mitigation Plan and Tenant Communication Strategy to the satisfaction of the Chief Planner, in consultation with the Ward Councillor; b. it shall be set out in the Site Plan Agreement that the use of the Property as temporary parking for the property known municipally as 555 The West Mall will not be required by the time redevelopment of the Property proceeds; further, the owner will make best efforts during construction to maintain parking for existing tenants on the Property to minimize disruption but, in the event that some or all parking is required to be removed, the owner will accommodate temporary parking in close proximity to the Property, with the details to be secured in a parking plan to be prepared and secured as part of the site plan control process, to the satisfaction of the Chief Planner; and c. it shall be set out in the Site Plan Agreement that the proposed at-grade indoor and outdoor amenities will be available to meet the programming needs of existing and future residents and visitors, without pass through of the costs to tenants occupying the existing rental units, such as through rent increases; the renovation of the Indoor and outdoor amenity space in the existing building will be the subject of tenant survey to inform the programming of this space. 4. City Council amend City of Toronto Municipal Code, Chapter 925, Permit Parking, in order to prevent the residents of, visitors to, or tradespersons at 555 the East Mall from obtaining a parking permit. 5. City Council request the Chief Planner and Executive Director, City Planning to include the following as a Site Plan 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 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 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. Confidential Appendices A and B to the report (March 9, 2023) 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 (March 9, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of the recommendations contained in the Confidential Attachment 1 as well as Confidential Appendices A and B, with the remainder of the Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege.
MM5.38adopted
Buckets & Borders Incorporated is an incorporated, charitable non-profit organization, whose purpose is to improve communities and bring people together through basketball. Its mandate is to refurbish and build basketball courts, provide youth resources, tell impactful stories, and strategically grow basketball across Canada and beyond. NBA (National Basketball Association) Canada in partnership with the WNBA (Women's National Basketball Association) will be the leading funding partners for Buckets & Borders on this specific project. As its inaugural project in Toronto, Buckets & Borders Incorporated is committing to provide the City of Toronto with an in-kind donation valued up to $125,000 for the refurbishment of the Don Mount basketball court in Joel Weeks Park, Ward 14. Central to the Buckets & Borders philosophy is the involvement of local youth. In the case of this project they will collaborate directly with staff from Toronto Community Housing Community Services and the Parks, Forestry & Recreation Community Development and Youth Unit to engage diverse Rivertowne youth in the design and refurbishment of the Don Mount Courts. The in-kind donation will include youth engagement, improvements to the current basketball court asphalt, new backboards and rims, the installation of an artistic sport court surface and other court amenities. According to the Policy on Donations to the City for Community Benefits, section 3.8 & 3.9, where the proposed donation is $50,000 or more, Council approval is required to accept donation where the donation is designated for specific purposes. All work would be done in accordance with the City's policies and contractual obligations, including the Fair Wage Policy and Contractual Obligations in the Construction Industry Policies. These motions are urgent as planning and construction is scheduled to start in spring 2023 to fulfill the obligations of the charity.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to accept the in-kind donation of up to $125,000 from Buckets & Borders Incorporated for the purposes of upgrades to the Don Mount basketball court in Joel Weeks Park, in compliance with the Donations to the City of Toronto for Community Benefits Policy. 2. City Council authorize the General Manager, Parks, Forestry and Recreation, to negotiate, enter into, and execute a construction and donation agreement with Bucket & Borders Incorporated for the purpose of refurbishing the outdoor basketball court in Joel Weeks Park, on terms and conditions acceptable to the General Manager of Parks, Forestry and Recreation, in a form and content satisfactory to the City Solicitor, and in compliance with City policies applicable to capital projects.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Shelley Carroll, recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to accept the in-kind donation of up to $125,000 from Buckets & Borders Incorporated for the purposes of upgrades to the Don Mount basketball court in Joel Weeks Park, in compliance with the Donations to the City of Toronto for Community Benefits Policy. 2. City Council authorize the General Manager, Parks, Forestry and Recreation, to negotiate, enter into, and execute a construction and donation agreement with Bucket & Borders Incorporated for the purpose of refurbishing the outdoor basketball court in Joel Weeks Park, on terms and conditions acceptable to the General Manager of Parks, Forestry and Recreation, in a form and content satisfactory to the City Solicitor, and in compliance with City policies applicable to capital projects.
CC5.39adopted
This report recommends that City Council amend its decision of August 15, 2022, (CC48.2) stating its intention to designate the property at 1117 Queen Street West (the subject property) under Part IV, s. 29 of the Ontario Heritage Act (The Act). The City has received an objection to the notice of intention to designate on behalf of Queen Street Post Inc., the property owner within the statutory timeline. Staff are recommending an amendment in response to this objection in order to clarify the Statement of Significance as adopted by Council. The subject property is located on the south side of Queen Street West, between Lisgar Street and Abell Street in the West Queen West neighbourhood, and contains Postal Station 'C', a two-storey building completed in 1903. The Beaux-Arts building was designed by the architecture branch of the federal Department of Public Works, with S.G. Curry acting as the local associate architect. The property was listed on the City of Toronto's Inventory of Heritage Properties (now the Heritage Register) on June 20, 1973, and is a landmark property within the proposed West Queen West Heritage Conservation District. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act which included amendments to the listing and designation processes. The Bill 108 Amendments to the Act came into force on July 1, 2021. City Council has 90 days from the date of the end of the objection period, to make a decision on this objection as per the timeline under the Act. The objector submitted a waiver to the City extending the time period in which City Council must make a decision on the objection until April 17, 2023. Staff have reviewed the objections raised on behalf of Queen Street Post Inc. and remain of the opinion that this property holds cultural heritage value or interest. The property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, s. 29 of the Act under all three categories of design and physical, historical and associative, and contextual values. Staff have re-examined the Statement of Significance (Reasons for Designation) for the property at 1117 Queen Street West and recommend a revision to clarify that the loading dock on the rear (south) elevation is not considered a heritage attribute. As the property has cultural heritage value or interest and meets the prescribed criteria pursuant to Part IV, s. 29 of the Act, staff are of the opinion that this property should be designated. Designation enables City Council to review proposed alterations for the property, enforce heritage property standards and maintenance, and refuse demolition.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council enact a by-law designating the property at 1117 Queen Street West under Part IV, Section 29 of the Ontario Heritage Act substantially in accordance with the Revised Statement of Significance: 1117 Queen Street West (Reasons for Designation) in Attachment 3 to the report (March 20, 2023) from the Chief Planner and Executive Director, City Planning in consideration of the objections received by the City Clerk. 2. City Council authorize the City Solicitor to introduce the Bill in City Council designating the property at 1117 Queen Street West under Part IV, Section 29 of the Ontario Heritage Act.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning recommends that: 1. City Council enact a by-law designating the property at 1117 Queen Street West under Part IV, Section 29 of the Ontario Heritage Act substantially in accordance with the Revised Statement of Significance: 1117 Queen Street West (Reasons for Designation) attached as Attachment 3 to the report, March 20, 2023, from the Chief Planner and Executive Director, in consideration of the objections received by the City Clerk. 2. City Council authorize the City Solicitor to introduce the bill in City Council designating the property at 1117 Queen Street West under Part IV, Section 29 of the Ontario Heritage Act.
MM5.39adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 1311 St. Clair Ave. W. operating under the name Tre Mari Bakery (the "Premises"). The application is for an indoor area. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that this application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence. This Premises is located in close proximity to residential units. There are concerns related to noise, litter, safety, and other potential disturbances to residents in the area. If conditions are put in place, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales license without conditions attached. This matter is considered urgent as the deadline for objections is April 20, 2023.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Tre Mari Bakery, 1311 St. Clair Avenue West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence, and that the Registrar should issue a Proposal to Review the liquor licence application. 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Alejandra Bravo, seconded by Councillor Paula Fletcher, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Tre Mari Bakery, 1311 St. Clair Avenue West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence, and that the Registrar should issue a Proposal to Review the liquor licence application. 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
CC5.40adopted
This report recommends that City Council state its intention to designate the properties at 374, 374 A and 376 Yonge Street (including the entrance address at 376 A Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value. The properties at 374, 374 A and 376 Yonge Street (including the entrance address at 376 A Yonge Street) are located mid-block on the west side of Yonge Street between Gerrard and Walton Streets and comprise two buildings dating from 1862 (374 and 374 A Yonge Street) and 1865 (376 Yonge Street). The building at 374 and 374 A Yonge Street is characterized by its Second Empire-style architecture, while the building at 376 Yonge Street is characterized by it Georgian-style architecture. The properties support and maintain the nineteenth and early-twentieth century character of this part of Yonge Street, being situated near numerous other heritage resources. The subject properties have been listed on the City's Heritage Register since May 1990. Staff have completed the Research and Evaluation Report for the properties at 374, 374 A and 376 Yonge Street and determined that each property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design/physical and contextual value for each property. As such, the properties are significant built heritage resources. In July 2020, the City received an Official Plan and Rezoning application for a 73-storey mixed-use building followed by an application for Site Plan approval for the proposed development involving the subject properties in September 2021. The Official Plan and Rezoning application proposed that the development would have a non-residential gross floor area of 954.5 square meters, and a residential gross floor area of 34,471 square metres with 415 dwelling units. A Heritage Impact Assessment is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance. An HIA dated September 10, 2021 was submitted and prepared by Philip Goldsmith, architect. The applications propose the retention of the listed properties at 374, 374 A and 376 Yonge Street and the designated Dominion Bank Building at 378 Yonge Street designed by renowned architect, John Lyle. The Heritage Register (listed) property at 372 Yonge Street, which lacks integrity, will be demolished. On May 5, 2021 City Council directed the City Solicitor, together with City Planning staff and appropriate City staff to attend the Local Planning Appeal Tribunal hearing to oppose the Official Plan Amendment and Zoning By-law Amendment applications in their current form. The application for the Site Plan approval remains under review. The designation of the subject properties is not subject to Section 29 (1.2) of the Ontario Heritage Act that came into effect on July 1, 2021 since the City Clerk issued a notice of the complete application on September 4, 2020. On July 19, 2022, City Council adopted the confidential instructions to staff in Confidential Attachment 1 to the report (June 29, 2022) from the City Solicitor regarding 372-378 Yonge Street - Official Plan and Zoning By-law Amendment Applications. On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act which amended the Ontario Heritage Act and came into effect on January 1, 2023. The Province amended O. Reg. 9/06 under the Ontario Heritage Act, which came into effect on January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest. 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.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council state its intention to designate the property at 374 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 374 and 374 A Yonge Street (Reasons for Designation) in Attachment 3 to the report (March 13, 2023) from the Chief Planner and Executive Director, City Planning. 2. City Council state its intention to designate the property at 374 A Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 374 and 374 A Yonge Street (Reasons for Designation) in Attachment 3 to the report (March 13, 2023) from the Chief Planner and Executive Director, City Planning. 3. City Council state its intention to designate the property at 376 Yonge Street (including the entrance address at 376 A Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 376 Yonge Street (Reasons for Designation) in Attachment 4 to the report (March 13, 2023) from the Chief Planner and Executive Director, City Planning. 4. 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 Chief Planner and Executive Director, City Planning recommends that: 1. City Council state its intention to designate the property at 374 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 374 and 374 A Yonge Street (Reasons for Designation) attached as Attachment 3 to the report, March 13, 2023, from the Chief Planner and Executive Director, City Planning. 2. City Council state its intention to designate the property at 374 A Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 374 and 374 A Yonge Street (Reasons for Designation) attached as Attachment 3 to the report, March 13, 2023, from the Chief Planner and Executive Director, City Planning. 3. City Council state its intention to designate the property at 376 Yonge Street (including the entrance address at 376 A Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 376 Yonge Street (Reasons for Designation) attached as Attachment 4 to the report, March 13, 2023, from the Chief Planner and Executive Director, City Planning. 4. 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.
MM5.40adopted
This motion requests authority from City Council to amend the 2023-2032 Council Approved Capital Budget and Plan for Parks, Forestry and Recreation in the amount of $1,477,000 for improvements to Topham Park Clubhouse. Additional funds are required to proceed with the award of contract in order to start construction. The total project cost would be amended from $306,000 to $1,783,000, with cash flow commitments of $1,037,173 in 2023 and $439,827 in 2024. The improvements will be fully funded from the following sources: $1,037,173 from the South District Parkland Development Reserve Fund (XR2209) and $439,827 from the Section 42 Above 5% Cash-in-lieu generated from developments in proximity to Topham Park. These funds have been received and are eligible for these purposes. This matter is time sensitive and urgent as funds must be transferred before the next City Council meeting to meet the deadline for the project bids and timelines.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council approve an amendment to Parks, Forestry and Recreation's 2023-2032 Council Approved Capital budget and Plan for the Topham Park Clubhouse Improvements sub-project in the Outdoor Recreation Centres project, in the amount of $1,477,000 increasing the total project cost from $306,000 to $1,783,000, with cash flow commitments of $1,037,173 in 2023 and $439,827 in 2024, fully funded by the following sources in order to proceed with the award of contract for improvements to the clubhouse in Topham Park to be completed this year: a. $1,037,173 from the South District Parkland Development Reserve Fund (XR2209) for the 2023 cash flow; and b. $439,827 from the Section 42 Above 5% Cash-in-lieu from the sources in the chart below for the 2024 cash flow: Development Location Internal Order Account (XR2213) Amount 76 Amsterdam Avenue 4200233 $2,195.52 2819 St. Clair Avenue East 4200409 $44,062.51 88A Amsterdam Avenue 4200624 $2,232.57 72 Galbraith Avenue 4200820 $2,741.80 98 Galbraith Avenue 4200832 $2,316.74 80 Peard Road 4201198 $420.72 78 Peard Road 4201197 $420.72 1 Holland Avenue 4201226 $2,205.14 77 Galbraith Avenue 4201250 $3,408.58 91 Amsterdam Avenue 4201330 $4,241.78 1322A Victoria Park Avenue 4201388 $2,790.11 859 O'Connor Drive 4201444 $12,554.87 2908 St. Clair Avenue East 4201519 $5,220.09 2956 St Clair Ave East 4201597 $2,522.92 1401 O'Connor Drive 4201345 $352,492.93 Total $439,827.00
Staff recommendation as filed
Councillor Brad Bradford, seconded by Councillor Gary Crawford, recommends that: 1. City Council approve an amendment to Parks, Forestry and Recreation's 2023-2032 Council Approved Capital budget and Plan for the Topham Park Clubhouse Improvements sub-project in the Outdoor Recreation Centres project, in the amount of $1,477,000 increasing the total project cost from $306,000 to $1,783,000, with cash flow commitments of $1,037,173 in 2023 and $439,827 in 2024, fully funded by the following sources in order to proceed with the award of contract for improvements to the clubhouse in Topham Park to be completed this year: a. $1,037,173 from the South District Parkland Development Reserve Fund (XR2209) for the 2023 cash flow; and b. $439,827 from the Section 42 Above 5% Cash-in-lieu from the sources in the chart below for the 2024 cash flow: Development Location Internal Order Account (XR2213) Amount 76 Amsterdam Avenue 4200233 $2,195.52 2819 St. Clair Avenue East 4200409 $44,062.51 88A Amsterdam Avenue 4200624 $2,232.57 72 Galbraith Avenue 4200820 $2,741.80 98 Galbraith Avenue 4200832 $2,316.74 80 Peard Road 4201198 $420.72 78 Peard Road 4201197 $420.72 1 Holland Avenue 4201226 $2,205.14 77 Galbraith Avenue 4201250 $3,408.58 91 Amsterdam Avenue 4201330 $4,241.78 1322A Victoria Park Avenue 4201388 $2,790.11 859 O'Connor Drive 4201444 $12,554.87 2908 St. Clair Avenue East 4201519 $5,220.09 2956 St Clair Ave East 4201597 $2,522.92 1401 O'Connor Drive 4201345 $352,492.93 Total $439,827.00
CC5.41adopted
This report recommends that Council affirm its decision of December 14, 2022 (Item CC2.18) stating its intention to designate the property at 94 Isabella Street under Part IV, Section 29 of the Ontario Heritage Act. The City has received an objection to the Notice of Intention to Designate on behalf of the property owner within the statutory timeline. The property at 94 Isabella Street comprises a two-and-a-half-storey house-form building located on the north side of Isabella Street, west of Jarvis Street. Designed by Edmund Burke of the prominent architecture firm Langley & Burke, the house was constructed in c.1885 for Helen E. McMaster. The Queen Anne Revival-style residence later served as a private hospital, a rooming house, and a home for Jesuit priests. City Council included the subject property on the City of Toronto's Heritage Register in 1981. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act which included amendments to the listing and designation processes. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021. City Council has until April 18, 2023, 90 days from the date of the end of the objection period, to make a decision on this objection as per the timeline under the Ontario Heritage Act. Staff have reviewed the objections raised by the owner and are of the opinion that despite these objections, the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, under all three categories of design/physical, historical/associative, and contextual values. As the property has cultural heritage value or interest and meets the prescribed criteria pursuant to Part IV, Section 29 of the Ontario Heritage Act, this property should be designated. Designation enables Council to review proposed alterations for the property, enforce heritage property standards and maintenance, and refuse demolition.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council affirm its decision to state its intention to designate the property at 94 Isabella Street under Part IV, Section 29 of the Ontario Heritage Act as set out in Council Decision Item 2022.CC2.18 on December 14, 2022. 2. City Council authorize the City Solicitor to introduce the Bill in Council designating the property at 94 Isabella Street under Part IV, Section 29 of the Ontario Heritage Act.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning recommends that: 1. City Council affirm its decision to state its intention to designate the property at 94 Isabella Street under Part IV, Section 29 of the Ontario Heritage Act as set out in Council Decision CC2.18 on December 14, 2022. 2. City Council authorize the City Solicitor to introduce the Bill in Council designating the property at 94 Isabella Street under Part IV, Section 29 of the Ontario Heritage Act.
MM5.41adopted
This motion is urgent as it deals with workplace health and safety matters. Since the beginning of the term, we have been working with the Deputy City Clerk of Member Services and Program Support in regard to office space within City Hall. The Ward 13 team consists of 10 staff, in addition to the Councillor. Along with two other offices, Ward 13 is allocated extra staff due to the size and population of our ward. The current structure of our City Hall office does not allow for a safe and healthy working environment due to the crowding of the office. City Staff recommended bringing this item to Council for approval. Without this approval, the Ward 13 office will not have enough space to safely follow the City's Workplace Health and Safety policies. This approval would come at a cost to the Ward 13 Office, matching the use of other City of Toronto Civic Centres, as Toronto City Hall is the local civic centre for downtown Councillors. Suite A7 is currently an unused space on the second floor, with no Councillor nor City Staff using it as a permanent office or touchdown space except for the Ward 13 office.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council approve assigning Suite A7 to the Ward 13 Councillor for the same fee charged to utilize Civic Centre offices.
Staff recommendation as filed
Councillor Chris Moise, seconded by Councillor Shelley Carroll, recommends that: 1. City Council approve assigning Suite A7 to the Ward 13 Councillor for the same fee charged to utilize civic centre offices.
CC5.42adopted
This report recommends that City Council state its intention to designate the property at 200 University Avenue under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value for its design, associative and contextual values. Located on the southwest corner of Richmond Street West and University Avenue, the property at 200 University Avenue contains the Sun Life Building constructed in 1958-1961 and designed by John C. Parkin of John B. Parkin Associates, Canada's largest architectural firm at the time. The subject property is among the earliest examples of a modernist high rise building in Toronto to be entirely clad in metal and glass, with its glass and metal curtain wall set back from exposed perimeter support columns. As the first tall building to successfully challenge the by-laws governing University Avenue from its prominent position at the point at which University Avenue becomes a grand ceremonial boulevard, the property is historically linked to the post-war phase of development along University Avenue. The property was listed on the City of Toronto's Heritage Register in 1991. On June 23, 2022, the City received Official Plan Amendment and Zoning By-law Amendment applications related to the proposed redevelopment of the subject property. The proposal is for a 35-storey addition above the existing 16-storey building, which will be retained in situ and not demolished to accommodate the proposed development, for an overall height of 51-storeys. The proposal consists of 35,316 square metres of residential gross floor area containing 478 residential units, 204 square metres of retail space, and 13,052 square metres of office space, with 98 vehicular parking spaces and 548 bicycle spaces. (22 166819 STE 10 OZ). A Heritage Impact Assessment completed by ERA Architects Inc. and dated June 2, 2022 was submitted to support the application, as was a Cultural Heritage Evaluation Report for the subject property with the same date. An Heritage Impact Assessment is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application. A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. The City Clerk issued a complete application notice on August 5, 2022. The property owner provided a waiver to extend the 90-day timeline established under Bill 108 through May 31, 2023. Council must make a decision at its May 10, 2023 meeting to provide sufficient time for City Clerk to issue a notice of intention to designate before the waiver expires. On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act amended prescribed event requirements under section 29(1.2) of the Ontario Heritage Act and came into effect on January 1, 2023. As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023. The application currently under review was deemed complete prior to Bill 23 changes to the Ontario Heritage Act coming into force, however, the Part IV designation must be in compliance with the Province's amended O. Reg. 9/06 under the Ontario Heritage Act, which takes effect as of January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest. 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. The property meets four criteria relating to design/physical, historical/associative, and contextual values. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council state its intention to designate the property at 200 University Avenue under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 200 University Avenue (Reasons for Designation) in Attachment 3 to the report (March 20, 2023) from the 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 Chief Planner and Executive Director, City Planning recommends that: 1. City Council state its intention to designate the property at 200 University Avenue under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 200 University Avenue (Reasons for Designation) attached as Attachment 3 to the report (March 20, 2023) from the 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.
MM5.42adopted
Canadian Tire Jumpstart Charities (Jumpstart) is committing to provide the City of Toronto with an in-kind donation of $500,000 for the enhancement of the basketball courts at Confederation Park, 250 Dolly Varden Boulevard, Scarborough, Ward 24. The in-kind donation will include accessibility improvements and overall enhancements to the current basketball courts including but not limited to enhanced posts and backboards, improved lighting, fencing, accessible spectator seating, a large shade structure, passive play activations and the installation of sport court surfacing. Canadian Tire Jumpstart Charities is a national charity committed to ensuring kids in need have equal access to sport and recreation. With an extensive, national network, Jumpstart helps eligible families cover the costs of registration, transportation, and equipment, and provides funding to selected organizations for recreational infrastructure and programming. Furthermore, in 2017, CTC committed to fundraise an incremental $50M to help Jumpstart expand its mandate to address physical barriers to sport and recreation. Through investments in destination playgrounds, infrastructure grants, and funding for parasports, Jumpstart is removing accessibility barriers to normalize inclusive play for kids of all abilities. In April 2022, Jumpstart proposed an "Inclusive Outdoor Basketball Court Project" in a City of Toronto park to enable children of all abilities to share in the magic of play. According to the Policy on Donations to the City for Community Benefits, section 3.8 & 3.9, where the proposed donation is $50,000 or more, Council approval is required to accept donation where the donation is designated for specific purposes. These motions are urgent as planning and construction is scheduled to start in spring 2023 to fulfill the obligations of the charity.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to accept the in-kind donation up to $500,000.00 from Canadian Tire Jumpstart Charities for the purposes of upgrades to the current basketball courts to inclusive accessible outdoor basketball courts at Confederation Park, in compliance with the Donations to the City of Toronto for Community Benefits Policy. 2. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate, enter into, and execute a construction and donation agreement with Canadian Tire Jumpstart Charities for the purpose of enhancing the outdoor basketball courts at Confederation Park, on terms and conditions acceptable to the General Manager of Parks, Forestry and Recreation, in a form and content satisfactory to the City Solicitor, and in compliance with City policies applicable to capital projects.
Staff recommendation as filed
Councillor Paul Ainslie, seconded by Deputy Mayor Jennifer McKelvie, recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to accept the in-kind donation up to $500,000.00 from Canadian Tire Jumpstart Charities for the purposes of upgrades to the current basketball courts to inclusive accessible outdoor basketball courts at Confederation Park, in compliance with the Donations to the City of Toronto for Community Benefits Policy. 2. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate, enter into, and execute a construction and donation agreement with Canadian Tire Jumpstart Charities for the purpose of enhancing the outdoor basketball courts at Confederation Park, on terms and conditions acceptable to the General Manager of Parks, Forestry and Recreation, in a form and content satisfactory to the City Solicitor, and in compliance with City policies applicable to capital projects.
CC5.43adopted
This report recommends that City Council affirm its decision of December 14, 2022 (Item CC2.16) stating its intention to designate the property at 127 Strachan Avenue under Part IV, Section 29 of the Ontario Heritage Act (The Act). The City has received an objection to the notice of intention to designate on behalf of the property owner within the statutory timeline. The property at 127 Strachan Avenue is located in Toronto's West Queen West neighbourhood, prominently situated on the southeast corner of Strachan Avenue and Adelaide Street West. It contains a three-storey mixed-use commercial building that dates to 1878, with a one-storey rear wing original to the building and a rear addition constructed at a later date. In 1999, alterations to the building resulted in a reconfiguration of the storefront. The building was originally constructed as a grocery for John H. Meyer, a former hotel proprietor, to support the surrounding working-class neighbourhood. It continued to operate primarily as a grocery until the 1950s. More recently, it has served as a restaurant with a popular summer patio on the north side of the building. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act which included amendments to the listing and designation processes. The Bill 108 Amendments to the Act came into force on July 1, 2021. City Council has until April 18, 2023, which is 90 days from the date of the end of the objection period, to make a decision on this objection as per the timeline under the Act. Staff have reviewed the objections raised on behalf of the owner and remain of the opinion that despite these objections, the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Act under all three categories of design and physical, historical and associative, and contextual values. As the property has cultural heritage value or interest and meets the prescribed criteria pursuant to Part IV, Section 29 of the Act, staff are of the opinion that this property should be designated. Designation enables City Council to review proposed alterations for the property, enforce heritage property standards and maintenance, and refuse demolition.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council affirm its decision to state its intention to designate the property at 127 Strachan Avenue under Part IV, Section 29 of the Ontario Heritage Act as set out in City Council Decision Item 2022.CC2.16 on December 14, 2022. 2. City Council authorize the City Solicitor to introduce the Bill in City Council designating the property at 127 Strachan Avenue under Part IV, Section 29 of the Ontario Heritage Act.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning recommends that: 1. City Council affirm its decision to state its intention to designate the property at 127 Strachan Avenue under Part IV, Section 29 of the Ontario Heritage Act as set out in City Council Decision Item CC2.16 on December 14, 2022. 2. City Council authorize the City Solicitor to introduce the bill in City Council designating the property at 127 Strachan Avenue under Part IV, Section 29 of the Ontario Heritage Act.
MM5.43adopted
City Council at its meetings on July 12, 13, 14 and 15, 2018, April 24, 25, 26 and 27, 2018 and July 23, 24, 25, 26, 27 and 30, 2018 accepted the recommendations set out in TE17.21 - Request for Direction Report - 1-7 Yonge Street - Official Plan Amendment and Zoning Amendment Applications, TE31.15 - 55 - 95 Lake Shore Boulevard East, 33-53 Freeland Street, and 2 and 15 Cooper Street - Official Plan Amendment and Zoning Amendment - Request for Direction Report and GM29.25 - Acquisition of a Portion of 55 Lake Shore Boulevard East. As a result the City entered a tri party Parkland Agreement with the respective owners to secure a one hectare park, to be located at the address municipally known as 55 Lake Shore Boulevard East, comprising on-site and off-site dedications and a City acquisition of land. The Owner has indicated a willingness to complete the buildout of the park, including completing above base park improvements. In order to do so, the Parks, Forestry and Recreation's component of the development charges, paid upon issuance of building permit, would be required to be directed to the above base park improvements. There is currently no City Council authority to direct the Parks and Recreation component of the development charges to the above base park improvements. This authority is recommended by way of this Motion. Parks, Forestry and Recreation is agreeable to having the owner design and build out the park, in consultation with Parks, Forestry and Recreation. The design and consultation process will be City-led, working with the local community and the Ward Councillor. This Motion is urgent as the Subdivision agreement with the developer will be finalized before the next Council meeting, and represents the last opportunity to incorporate the Above Base Park Improvement conditions into an agreement.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. 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 new park to be dedicated on the site at 53, 55 and 95 Lake Shore Boulevard East, 15, 33, and 43 Freeland Street and 2 and 15 Cooper Street, all 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 the Development Charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.
Staff recommendation as filed
Councillor Ausma Malik, seconded by Councillor Alejandra Bravo, recommends that: 1. 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 new park to be dedicated on the site at 53, 55 and 95 Lake Shore Boulevard East, 15, 33, and 43 Freeland Street and 2 and 15 Cooper Street, all 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 the Development Charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.
MM5.44adopted
In November 2022, Minister of Municipal Affairs and Housing Steve Clark provided a letter regarding next steps surrounding Bill 23. In this letter the Minister promised to compensate the City of Toronto for any lost revenues as a result of the provincial Bill. To determine the costs borne by the City as a result of changes to the Development Charges the Province suggested a third-party Audit with joint terms of reference developed by the Province and City. With this report I am submitting the Terms of Reference for the Audit to City Council for discussion and approval. The Terms of Reference reflect several rounds of discussions with Provincial and Municipal staff to ensure an Audit that is expeditious, scoped properly, and effective. As with all negotiations, the attached Terms of Reference represents a compromise by both parties. As we know I am confident that the City of Toronto collects, spends and forecasts Development Charges and related housing infrastructure effectively. For this reason, it is my strong desire to have this Audit go forward as it will validate the claims we have made around the impacts of Bill 23 and its impacts on the City. Clearly, if we are to be made whole for any changes in revenue, we need this audit to be undertaken as soon as possible - and given the City's 10-year capital needs, I am anxious to proceed without delay. Finally, the November letter from Minister Clark indicated an openness to discussing potential revenue, the magnitude of the City's immediate COVID-19 "hangover" and its long-term capital needs are beyond the ability of simple property tax increases or service cuts to address. The City of Toronto needs a new fiscal framework, including exploring potential revenue tools with other orders of government. The Province has indicated an interest in moving forward with this discussion following this Audit. The reason for urgency is that the audit is to be reported on by July 1st and so these Terms need to be approved as soon as possible to get this underway.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the Terms of Reference in Attachment 1 to the Member Motion MM5.44 and City Council direct the Chief Financial Officer and Treasurer to provide any information needed for the Audit.
Staff recommendation as filed
Deputy Mayor Jennifer McKelvie, seconded by Councillor Gary Crawford, recommends that: 1. City Council adopt the Terms of Reference contained in Attachment 1 to this motion and direct the Chief Financial Officer and Treasurer to provide any information needed for the Audit.
MM5.45adopted
As both the Province and the City continue to move towards a state of recovery after the COVID-19 pandemic, our future decisions surrounding policies and services should be guided by what this lengthy period of uncertainty has taught us. A key lesson being that every Ontarian, regardless of their social or financial status should have access to medical care. The Province's recent decision to end the "Physician and Hospital Services for Uninsured Persons Program" seeks to undo the critical work that many healthcare professionals have been able to undertake for their most vulnerable patients. Ending this program will remove access to supports and care from over a million Ontarians, many who are members of marginalized groups and have come to rely on this program without worrying about how much visiting a doctor was going to cost them. In a report published by the Health Network for Uninsured Clients (HNUC), it found that the removal of the financial component of care has created a positive domino effect throughout the system, where doctors and nurses have seen less fear and hesitation in patients seeking out emergency and clinical care in a timely manner. This has led to better health outcomes, early detection of critical illnesses and a significant decrease in mortality. Other healthcare professionals have seen a major reduction in the administrative burden because the system allows them to seamlessly refer their patients for specialists and follow up care, without having to worry about any of them being turned away due to their inability to pay for a service. The positive impacts of the program have been far reaching and its suspension will re-introduce the many inequities it sought to eliminate. It will abruptly cut off medical services for many patients who are currently seeking critical care and will force newcomers out of the system. As the fourth largest city in North America, Toronto is home to thousands of newcomers each year, many who are uninsured and continue to struggle with homelessness and their immigration status in Canada. The barriers that newcomers face in applying for OHIP will be further exacerbated by the suspension of this program, and without any alternatives in place will lead to many opting not to access emergency and primary care due to fear of deportation, unaffordability and racial bias among the many other inequities that continue to exist within the healthcare system in Ontario. Reason for Urgency: program is set to expire on March 31, 2023.
City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council request the Government of Ontario to reverse its decision to end the Physician and Hospital Services for Uninsured Persons Program on March 31, 2023.
Staff recommendation as filed
Councillor Shelley Carroll, seconded by Councillor Chris Moise, recommends that: 1.City Council request the Government of Ontario reverse its decision to end the Physician and Hospital Services for Uninsured Persons Program on March 31, 2023.