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 75 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.