Toronto City Council
The full agenda, as filed
All 16 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.
BL21.1adopted
Introduction of General Bills and Confirming Bills
City Council will introduce General Bills and Confirming Bills.
City Council on September 5, 2024, passed By-laws 899-2024 to 906-2024, subject to Section 226.9 of the City of Toronto Act, 2006.
CC21.1adopted
Appointment of Interim Deputy City Manager, Community and Social Services
The purpose of this report is to recommend to City Council the appointment of an Interim Deputy City Manager, Community and Social Services until such time that a permanent appointment is made. The former Deputy City Manager, Community and Social Services, Paul Raftis retired from the City of Toronto in July 2024.
City Council on September 5, 2024, adopted the following: 1. City Council appoint Thomas Azouz as the Interim Deputy City Manager, Community and Social Services for the City of Toronto until such time as a new Deputy City Manager, Community and Social Services, has been appointed. 2. City Council authorize the City Solicitor to introduce the necessary by-laws to give effect to City Council's decision.
Staff recommendation as filed
The City Manager recommends that: 1. City Council appoint Thomas Azouz as the Interim Deputy City Manager, Community and Social Services for the City of Toronto until such time as a new Deputy City Manager, Community and Social Services, has been appointed. 2. City Council authorize the City Solicitor to introduce the necessary by-laws to give effect to City Council's decision.
DM21.1amended
On April 19, 2022, the applicant filed an application, in respect of 2500 Don Mills Road, for Official Plan and Zoning By-law Amendments. The Zoning By-law Amendment intended to permit 30- (96.06 metres) and 39-storey (123 metres) towers on a shared podium, containing a total of 823 residential units and some non-residential space. The Official Plan Amendment proposed amendments to Section 4.2.10 of the Sheppard East Corridor Secondary Plan to increase the planned density for the Site from 3.99 times the area of the lot to 7.35 times the area of the lot, and to plan for the delivery of public streets not only through the Subdivision process, but also by way of the Site Plan Control process. The applicant appealed City Council's neglect or failure to make a decision on the Application, to the Ontario Land Tribunal on February 6, 2023. The City Solicitor requires further directions for the upcoming Ontario Land Tribunal hearing, which is scheduled to commence on October 21, 2024.
City Council on September 5, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 12, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Shelley Carroll. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 12, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Shelley Carroll, and Confidential Appendices A, B and C to the report (July 12, 2024) from the City Solicitor, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 12, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendices A, B and C to the report (July 12, 2024) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendices A, B and C to the report (July 12, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor. September 25, 2024 The confidential instructions to staff in Confidential Attachment 1 to the report (July 12, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Shelley Carroll, were adopted by City Council and the following confidential instructions to staff 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 without prejudice settlement offer set out in Confidential Appendix A to the report (July 12, 2024) from the City Solicitor and support a revised proposal that is substantially in accordance with the plans and drawings that implement this Council Direction and the proposed Official Plan Amendment substantially in accordance with Confidential Appendix C to the report (July 12, 2024) from the City Solicitor (together the "Settlement Offer"), subject to the Parts and modifications below: a. the required parkland dedication set out in Part 9 below be provided at the northwest corner of the Site adjacent to the planned public park; b. the provision of a minimum 1.0 metre wide easement or acceptable interest in land satisfactory to the City Solicitor and the General Manager, Parks, Forestry and Recreation, at no cost or expense to the City, south of the required right-of-way widening on the Site, with the final width of such an easement or acceptable interest in land be finalized through a technical review acceptable to the General Manager, Parks, Forestry and Recreation and the Chief Engineer and Executive Director, Engineering and Construction Services; c. written confirmation from the owner that prior to the conveyance of the required parkland to the City, the owner shall provide the City with upwards indexed financial securities to provide for the decommissioning and/or removal of any interim municipal servicing for the required parkland dedication set out in Part 9 below and restoration of the affected lands (including any adjacent widenings, streets, boulevards and sidewalks) through any such decommissioning and/or removal of the interim municipal servicing, to the satisfaction the General Manager, Parks, Forestry and Recreation, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services; d. a minimum of 0.023 visitor parking spaces provided per dwelling unit; and e. the provision of a revised full set of plans and drawings, including a full and complete set of site statistics, from the applicant to the City Solicitor that implement and reflect the matters above as confirmed by the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry and Recreation and the Chief Engineer and Executive Director, Engineering and Construction Services. 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 proposal for the lands municipally known as 2500 Don Mills Road. 3. City Council accept 2 percent of the total residential gross floor area as affordable rental units at 2500 Don Mills Road as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms: a. the affordable rental units shall be provided at affordable rents in accordance with the City's Official Plan definitions and on such other terms and conditions as are deemed appropriate by the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. the owner shall design, construct, finish, and provide affordable rental units on the Site, with a unit mix reflecting the market unit mix of the development: i. the affordable rental units shall be provided in contiguous groups of at least six (6) rental dwelling units; ii. unless otherwise agreed to by the Chief Planner and Executive Director, City Planning, the unit sizes of the affordable housing will be no less than an average of: a. 525 square feet, for one-bedroom units; b. 650 square feet, for two-bedroom units; and c. 900 square feet, for three-bedroom units; iii. the general configuration, location, and layout of the affordable rental units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; and iv. the units shall include ensuite laundry and air conditioning in each affordable rental unit at no additional cost to tenants; c. the affordable housing gross floor area shall be made available for occupancy at a rate at least commensurate with the market units being made available for occupancy; d. the owner shall provide and maintain the affordable units as rental dwelling units for a minimum of 40 years, beginning with the date each such unit is first occupied. Affordable rent shall be determined based on the Official Plan's current definition of Affordable Rent; e. during the first 40 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; f. 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 40 years from the date of first occupancy; upon the expiration of the 40 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; g. during the first 40 years of occupancy, the affordable rental units will be offered to tenant households who have demonstrated that they are in need of affordable rental housing and who are on the City's centralized housing access system or, in the event the centralized housing access system is not available, through a fair and transparent advertising selection process, to the satisfaction of the Executive Director, Housing Secretariat; h. the owner shall provide all tenants of the affordable rental units with access to, and use of, all indoor and outdoor amenities in the development, on the same terms and conditions as any other resident of the development without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings; and i. the owner shall provide and make available for rent to the residents of the affordable rental units vehicle, visitor vehicle, and bicycle parking spaces on the same terms and conditions as any other resident of the development. 4. City Council attribute a value to the in-kind contribution set out in Part 3 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) of the development as defined in the Settlement Offer, as determined the day before the building permit is issued in respect of the development and direct staff to advise the owner of such valuation. 5. 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 to address the provision of the in-kind contributions identified in Part 3 above, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreements to be registered on title to the Site, which shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council. 6. 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 final form and content of the draft Official Plan Amendment substantially in accordance with Confidential Appendix C to the report (July 12, 2024) from the City Solicitor is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the final form and content of the draft Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; c. the owner has, at its sole 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. secured the design and provided financial securities in respect of 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 Engineering Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; iii. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required; iv. submitted an updated Transportation Impact Study or Addendum, and updated Parking and Loading Study or Addendum, to reflect revisions to site circulation, loading, parking and access for the development, to the satisfaction of the General Manager, Transportation Services; v. submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, and that matters arising from such study be satisfactorily addressed, and secured if required; vi. submitted an updated Pedestrian Level Wind Study, and thereafter implemented any necessary mitigation measures in the Zoning By-law Amendment, to the satisfaction of the Chief Planner and Executive Director, City Planning; and vii. submitted an updated Sun/Shadow Study to the satisfaction to the Chief Planner and Executive Director, City Planning. d. an agreement pursuant to subsection 37(7.1) of the Planning Act has been entered into and registered on title to the lands to secure the provision of the in-kind contributions identified in Part 3 above, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 7. City Council also instruct the City Solicitor to request the Ontario Land Tribunal withhold its Order on the Official Plan and Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that arrangements satisfactory to the City officials listed below, in their sole discretion, have been made between the City and the owner to: a. secure the conveyance to the City of a portion the interim access driveway, abutting the Don Mills Road right-of way, to the satisfaction of the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Corporate and Real Estate Management and the City Solicitor; and b. convey an easement to the owner, and to enter into an easement agreement to be registered on title to the lands conveyed to the City in Part 7.a., above, to authorize interim vehicular, pedestrian and cycling access over such lands, in a content and form satisfactory to the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Corporate and Real Estate Management, and the City Solicitor; 8. City Council accept the conveyance of lands, identified in Part 7.a. above, for nominal consideration to the City and in an environmentally acceptable condition, and authorize the granting of a temporary easement over such lands for the purposes specified in Part 7.b. above, for nominal consideration, to the satisfaction of the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Corporate and Real Estate Management, and the City Solicitor. 9. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act, having a minimum size of 661 square metres, 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 conveyed to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition, in base park condition, prior to the issuance of the first Above-Grade Building Permit for all or any part of the proposed development. 10. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision on this matter. The balance of Confidential Attachment 1, including the balance of the confidential instructions to staff adopted by City Council, and Confidential Appendix B to the report (July 12, 2024) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendix B to the report (July 12, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1 Confidential Appendix A, Confidential Appendix B, and Confidential Appendix C to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as contains advice which is subject to solicitor-client privilege.
RM21.1adopted
- O Canada - Moment of Silence
CALL TO ORDER: 9:43 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. Members of Council observed a moment of silence and remembered: Derek Brown Stevie Cameron Gayle Christie Carole Condé Lana Hockey Ina Lofsky Michael Marks Jeff Otto, and Hudson Sullivan Speaker Nunziata expressed her condolences on the passing of Gayle Christie, the first female mayor of the former City of York. Speaker Nunziata addressed Council as follows: I would like to take a moment on behalf of Council to acknowledge the Indigenous Peoples of all the lands that we are on today. We do this to reaffirm our commitment and responsibility in improving relationships between nations and to deepening our own understanding of Indigenous peoples and their cultures. It is a moment to reflect on the importance of this land, which we each call home. We acknowledge the land we are meeting on is the traditional territory of many nations, including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. We also acknowledge that Toronto is covered by Treaty 13 with the Mississaugas of the Credit, and the Williams Treaties signed with multiple Mississaugas and Chippewa bands. Speaker Nunziata advised Council of the following: For the benefit of those who are connected to the internet, the City Clerk has posted all of the agenda materials for today's meeting at toronto.ca/council.
CC21.2adopted
On October 18, 2023, a Zoning By-law Amendment application was submitted for a development at 70-86 Lynn Williams Street to permit a 43-storey mixed-use building containing 588 rental units, demolishing the north half of the heritage building located on the 80-86 Lynn Williams Street portion of the site, and retaining the south half fronting onto Lynn Williams Street. On April 17, 2024, City Council refused the Zoning By-law Amendment application and the applicant appealed City Council's decision on the application to the Ontario Land Tribunal. On July 26, 2024, the applicant submitted an application under Section 33 and Section 34(1)1 of the Ontario Heritage Act for the alteration to and demolition of heritage attributes to the property at 80-86 Lynn Williams Street. For reasons set out in Confidential Attachment 1 to this report, this matter is urgent.
City Council on September 5, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 14, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (August 14, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (August 14, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (August 14, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council approve: a. the alterations to the heritage property at 80-86 Lynn Williams Street in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a 44-storey tower with such alterations substantially in accordance with the plans and drawings dated July 30, 2024 prepared by gh3 and the Heritage Impact Assessment dated July 26, 2024 prepared by ERA Architects, both on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below; and b. the demolition of the heritage attributes of the existing building on the designated heritage property at 80-86 Lynn Williams Street, in accordance with Section 34(1)1 of the Ontario Heritage Act in connection with the approval of a 44-storey tower on the subject lands substantially in accordance with the plans and drawings dated July 30, 2024 prepared by gh3 and the Heritage Impact Assessment dated July 26, 2024 prepared by ERA Architects, both on file with the Senior Manager, Heritage Planning, all subject to, and in accordance with, the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, and subject to conditions as set out below. 2. City Council direct that it consents to the application to alter the designated property at 80-86 Lynn Williams Street under Part IV, Section 33 of the Ontario Heritage Act and its consent to the demolition of attributes on the designated heritage property at 80-86 Lynn Williams Street under Part IV, Section 34(1)1 of the Ontario Heritage Act are also subject to the following conditions: a. that the related Zoning By-law Amendment requiring the proposed alterations and proposed removal of the heritage attribute(s) has come into full force and effect; b. prior to issuance of any Ontario Land Tribunal Order in connection with the Zoning By-law Amendment appeal for the property at 70-86 Lynn Williams Street, the owner shall provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment prepared by ERA Architects dated July 26, 2024, for the property at 80-86 Lynn Williams Street, to the satisfaction of the Senior Manager, Heritage Planning; c. prior to issuance of any Ontario Land Tribunal order in connection with the Zoning By-law Amendment appeal for the entire property at 70-86 Lynn Williams Street, the owner shall enter into a Heritage Easement Agreement with the City for the property at 80-86 Lynn Williams Street, substantially in accordance with the plans and drawings dated July 30, 2024 prepared by gh3 on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects dated July 26, 2024, and on file with the Senior Manager, Heritage Planning, subject to and in accordance with the approved Conservation Plan required in Part 2.b. above, to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor; d. prior to the issuance of any permit for all or any part of the property at 80-86 Lynn Williams Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the owner shall: 1. provide a Heritage Lighting Plan that 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 a plan to the satisfaction of the Senior Manager Heritage Planning; 2. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such plan to the satisfaction of the Senior Manager, Heritage Planning; 3. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning; 4. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plans required in Part 2.b. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; and 5. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan and Interpretation Plan. e. that prior to the release of the Letter of Credit required in Part 2.d.5. above, the owner shall: 1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the approved Conservation and Interpretation Plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and 2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning. 3. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the property at 80-86 Lynn Williams Street. 4. City Council authorize the City Solicitor and City staff to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (August 14, 2024) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (August 14, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (August 14, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in 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 and Confidential Appendix A, 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.
RM21.2adopted
Introduction of North York Community Council Report and New Business from City Officials
Report of the North York Community Council from Meeting 16 on August 20, 2024 Submitted by Councillor James Pasternak, Chair New Business submitted by City Officials
The North York Community Council Report and New Business were presented to City Council for consideration.
CC21.3amended
On October 18, 2023, a Zoning By-law Amendment application was submitted for a development at 70-86 Lynn Williams Street to permit a 43-storey mixed-use building containing 588 rental units, demolishing the north half of the heritage building located on the 80-86 Lynn Williams Street portion of the site, and retaining the south half fronting onto Lynn Williams Street. On April 17, 2024, City Council refused the Zoning By-law Amendment application and the applicant appealed City Council's decision on the application to the Ontario Land Tribunal. The City Solicitor requires further directions on this matter. For reasons set out in Confidential Attachment 1 to this report, this matter is urgent and cannot be deferred.
City Council on September 5, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 16, 2024) from the City Solicitor, as amended by Motion 1 by Deputy Mayor Ausma Malik. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (August 16, 2024) from the City Solicitor, as amended by Motion 1 by Deputy Mayor Ausma Malik, and Confidential Appendix A to the report (August 16, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (August 16, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (August 16, 2024) from the City Solicitor, as amended by Motion 1 by Deputy Mayor Ausma Malik, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated August 15, 2024, set out in Confidential Appendix A to the report (August 16, 2024) from the City Solicitor for the lands municipally known as 70-86 Lynn Williams Street (the "Site"). 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. 3. City Council approve, that in accordance with Section 42 of the Planning Act, prior to the first above grade building permit, the Owner shall convey to the City, an on-site parkland dedication, having a minimum size of 325 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 4. City Council approve the acceptance of the 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 and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation, and the Executive Director, Corporate Real Estate Management. 5. In the event that the Owner undertakes the Above Base Park Improvements, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 6. City Council allow the Owner of the Site to construct, finish, furnish, equip and convey to the City a non-profit licensed child care facility (the "Child Care Facility") to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager of Children's Services as part of the development, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms: a. the Child Care Facility will comprise a minimum of 450 square metres indoor area located on the first and second floors of the proposed development and a minimum 201 square metres outdoor area, located on the first floor of the proposed development; and b. the Child Care Facility will be provided in accordance with the terms to be set out in the In-Kind Contribution Agreement identified in Part 9 below. 7. City Council attribute a value to the in-kind contribution set out in Part 6 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. 8. City Council require that prior to the issuance of the first above grade building permit for the development, the Owner shall provide to the City a letter of credit to secure the Child Care Centre in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Child Care Centre complying with the specifications and requirements of the In-kind Contribution Agreement, to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer and Treasurer. 9. 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 6 above to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Children's Services and the City Solicitor, with such agreement to be registered on title to the Site and such agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council. 10. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement ("Contribution Agreement") with the Owner for the provision of financial incentives, for 13 affordable rental dwelling units at the Site to secure rents at the City of Toronto's income-based definition of "affordable housing" by bedroom type, as determined by the City annually, for a minimum period of 99 years, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in a form satisfactory to the City Solicitor. 11. City Council approve the provision of financial incentives pursuant to the City's Rental Housing Supply Program in relation to the affordable rental dwelling units described in Part 10 above as follows: a. City Council exempt the 13 affordable rental dwelling units at the Site from taxation for municipal and school purposes for the 99-year term of the municipal capital facility agreement; b. City Council authorize the 13 new affordable rental dwelling units at the Site to be eligible for an exemption from development charges, parkland dedication fees, community benefits charges, if not exempted by provincial legislation, and waivers of building permit fees; c. City Council authorize the Executive Director, Housing Secretariat, on behalf of the City, to execute any security or financing documents, or any other documents required to facilitate the delivery of the affordable rental housing dwelling units, including any documents required by the Owner to secure conventional financing, where required, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by Council; and d. City Council authorize the Controller to cancel or refund any taxes paid pursuant to the by-law exempting the property from taxation if authority is given for an exemption from taxation as set out in Part 11.a. above. 12. City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form and content of the draft Zoning By-law Amendment is satisfactory to the Interim Chief Planner and Executive Director, City Planning and the City Solicitor; b. the Owner has entered into an appropriate agreement to secure the affordable housing units described in Part 10 above, with such terms and conditions satisfactory to the Executive Director, Development Review and the Executive Director, Housing Secretariat, and the City Solicitor; 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 6 above; d. the Owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment prepared by ERA Architects dated July 26, 2024, for the property at 80-86 Lynn Williams Street, to the satisfaction of the Senior Manager, Heritage Planning; e. the Owner has entered into a Heritage Easement Agreement with the City for property at 80-86 Lynn Williams Street, substantially in accordance with the plans and drawings dated July 30, 2024 prepared by gh3 on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects dated July 26, 2024, and on file with the Senior Manager, Heritage Planning, subject to and in accordance with the approved Conservation Plan required above, to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor; and f. the Owner has provided a revised Functional Servicing Report and a revised Stormwater Management Report, such reports to be reviewed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 13. As an alternative, in the event the Owner withdraws its appeal to the Ontario Land Tribunal, City Council direct the Director, Community Planning, Toronto and East York District, to bring forward a report to the next available meeting of Toronto and East York Community Council for a statutory public meeting as required under the Planning Act on the basis of the revised plans identified in the Settlement Offer; for clarity, if a report is brought forward, City Council's discretion on approving or refusing a Zoning By-law Amendment is not fettered by City Council's acceptance of the Settlement Offer. 14. City Council request the applicant to conduct community engagement, at their expense and prior to the issuance of a below grade permit, with Liberty Village residents and appropriate City staff to consider the concerns raised by local residents, including, but not limited to: traffic congestion, construction management, public realm improvements, and community services and facilities within Liberty Village. 15. City Council direct City staff and the applicant to ensure that all development applications for the subject site comply with the Council-approved Liberty Village Public Realm Strategy, the upcoming Liberty Village Traffic Action Plan, any current or future neighbourhood-related plans for FIFA World Cup 2026 and the current directions of the Liberty Village Regeneration Study. 16. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (August 16, 2024) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (August 16, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (August 16, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, and Confidential Appendix A, 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.
RM21.3received
Members of Council will declare interests under the Municipal Conflict of Interest Act.
There were no declarations of interest.
CC21.4amended
An original Zoning By-law Amendment application for 4195 and 4221 Dundas Street West, and 556 - 564 Prince Edward Drive North was submitted to the City in March, 2016, and was appealed to the Ontario Land Tribunal on May 13, 2022. A subsequent Official Plan Amendment application was appealed to the Ontario Land Tribunal on September 26. 2022, with both appeals citing City Council's failure to make a decision on the applications within the time period prescribed under the Planning Act. A three-week hearing is scheduled to comments on October 28, 2024. On April 21, 2023, with prejudice plans for a revised development proposal for a larger development of the site were submitted to the City for two mixed-use 14-storey towers on a six-storey base building, two nine-storey mid-rise residential buildings, and 19 townhouse units within three townhouse blocks (the "April 2023 Plans"). The April 2023 Plans were the subject of an Appeal Report at City Council at its meeting on October 11 and 12, 2023, and the City Solicitor and appropriate staff were directed by City Council to attend at the Ontario Land Tribunal to oppose the applications. The City Solicitor requires further directions on this matter. For reasons set out in Confidential Attachment 1 to this report, this matter is urgent and cannot be deferred.
City Council on September 5, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 22, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Amber Morley. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (August 22, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Amber Morley, and Confidential Appendix A to the report (August 22, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (August 22, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (August 22, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Amber Morley, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated August 22, 2024, set out in Confidential Appendix A to the report (August 22, 2024) from the City Solicitor (the "Settlement Offer") for the lands municipally known as 4195 Dundas Street West and 556, 558, 560, 562, and 564 Prince Edward Drive North (the "Site"). 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. 3. City Council approve the acceptance of an on-site parkland dedication having a minimum size of 1,134 square metres with frontage on Prince Edward Drive in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act as described in the Settlement Offer; the on-site parkland dedication to be conveyed to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above grade building permit, in an acceptable environmental condition, and constructed to base park condition at no cost to the City, all in accordance with all the applicable City policies dealing with the acquisition of lands for park purposes as a condition of development approval, to the satisfaction of the General Manager, Parks, Forestry and Recreation. 4. In the event that the owner of the Site (the "Owner") elects to construct the Above Base Park Improvements, City Council approve a development charge credit against the Parks and Recreation component of the City Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks Forestry and Recreation, and the Parks and Recreation component of the City Development Charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 5. Should it be determined prior to the issuance of the Ontario Land Tribunal's Order that upgrades are required to infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study, City Council direct the City Solicitor and appropriate City staff to request that a holding provision be included in the final form of the site-specific Zoning By-law Amendment, and the holding provision not to be lifted until such a time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services. 6. City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form and content of the draft Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the Owner has provided a revised Functional Servicing Report, Servicing Groundwater Summary Form, Hydrological Review Summary Form, a revised Hydrological Report, and a Foundation Drainage Summary Form, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the Owner has provided a revised Transportation Impact Study and a Transportation Demand Management Plan and all requested revisions to the study, to the satisfaction to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning; d. the Owner has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report, Stormwater Management Report and accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the Traffic Impact Study accepted by the General Manager, Transportation Services; e. the Owner has provided a revised Pedestrian Level Wind Study, including wind tunnel test, revised Block Context Plan, and revised Planning Rationale to the satisfaction of the Chief Planner and Executive Director, City Planning; f. the Owner has addressed all the outstanding issues related to tree protection, injury and removals, tree planting and Toronto Green Standard raised by Urban Forestry, Tree Protection and Plan Review, to the satisfaction of the General Manager, Parks, Forestry and Recreation; g. the Owner has provided a Toronto Green Standard Checklist and Statistics to the satisfaction of the Chief Planner and Executive Director, City Planning; and h. the Owner has satisfied the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding signage and warning clause. i. the Owner has retained a consultant archaeologist, licensed by the Ministry of Citizenship and Multiculturalism, under the provisions of the Ontario Heritage Act (R.S.O 1990 as amended), to carry out a Stage 2 archaeological resource assessment of the property and follow through on recommendations to mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found (Stage 3-4) to the satisfaction of the Chief Planner and Executive Director, City Planning; and j. the submitted Noise and Vibration Feasibility Study has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning. 7. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and the General Manager, Transportation Services, to commence discussions with the owner for an in-kind Community Benefit Charge contribution for public realm improvements on the west side of Prince Edward Drive North, south of Dundas Street West, and to report back to City Council on the outcome of any proposed agreement for an in-kind contribution. 8. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (August 22, 2024) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (August 22, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (August 22, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, and Confidential Appendix A, 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.
RM21.4received
Members of Council may file petitions.
No petitions were filed during the Routine Matters portion of the meeting.
CC21.5amended
155 St Dennis Drive - Ontario Land Tribunal Hearing - Request for Directions
On March 6, 2023 the City received a Zoning By-law and Official Plan Amendment application for 155 St. Dennis Drive (the "Site") to permit the construction of four (4) residential towers ranging in height between 42 to 56 storeys linked by a 2-storey base building. The development proposes 2,170 residential units, 135,413 square metres of residential gross floor area, and approximately 348 square metres of non-residential gross floor area. The application proposes that 5 percent of the residential gross floor area (approximately 6,771 square metres) would be allocated to affordable housing. The site has an overall area of 169,361 square metres, of which, the applicant proposes to develop 7,643 square metres of the site with residential towers, and the remainder of the lands, approximately 16 hectares, would be conveyed to a public agency as open space. A total of 405 vehicle parking spaces are proposed in 4 levels of underground parking. The application was deemed complete as of August 1, 2023. City Council refused the applications at its meeting of November 8, 2023 and the applicant appealed that refusal (the "Appeal"), to the Ontario Land Tribunal on November 24, 2023. The City Solicitor requires further directions for upcoming Ontario Land Tribunal hearings scheduled to begin March 31, 2025. For reasons set out in Confidential Attachment 1 this matter is urgent.
City Council on September 5, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 23, 2024) from the City Solicitor. 2. City Council direct that Confidential Attachment 1 to the report (August 23, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. 3. City Council direct that Confidential Attachment 1 to the supplementary report (September 4, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (August 23, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (August 23, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor. Confidential Attachment 1 to the supplementary report (September 4, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the supplementary report (September 4, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council direct that the confidential recommendations contained in Confidential Attachment 1, all other information contained in Confidential Attachment 1, and all attachments to this report from the City Solicitor are to remain confidential at the discretion of the City Solicitor, as they contain advice and information which is subject to solicitor-client privilege.
RM21.5received
Presentations, Introductions and Announcements
Various presentations and announcements will be made at the City Council meeting.
Various presentations, introductions and announcements were made to City Council on September 5, 2024. Speaker Nunziata, during the morning session of the meeting, acknowledged the presence of Dee Dee Heywood who had worked for the late Gayle Christie, former mayor of the City of York, and who was present in the Chamber. Speaker Nunziata, during the morning session of the meeting, called upon Mayor Chow to address City Council in recognition of Matthew Pegg on his retirement as Fire Chief and General Manager of Toronto Fire Services. Mayor Chow addressed City Council and gave remarks on the retirement of Matthew Pegg as Fire Chief and General Manager of Toronto Fire Services. Matthew Pegg addressed City Council. Councillor Bravo, as Chair of the Economic and Community Development Committee, congratulated Matthew Pegg on his retirement as Fire Chief and General Manager of Toronto Fire Services.
CC21.6adopted
On October 29-30, 2019, City Council authorized the expropriation of the leasehold interest in the property municipally known as 300 Commissioners Street (the "Property") which are lands comprised of approximately 1.83 hectares, for municipal purposes including the proposed extension of Broadview Avenue (the "Extension"). The Property is located in the Port Lands at the north-west corner of Commissioners Street and Bouchette Street. The Property is a part of a larger block bordered by Commissioners Street to the south, Bouchette Street to the east, Lake Shore Boulevard East to the north, and Saulter Street South to the west. At the time of the expropriation, the Property was designated General Industrial Areas by the former City of Toronto Official Plan. Since the expropriation, the Property has been redesignated by the Ontario Land Tribunal's approval of the Central Waterfront Secondary Plan and is now designated as Regeneration Area. The Property was the subject of a ground lease at the time of expropriation. The landlord under the ground lease was the Toronto Economic Development Corporation. The expropriated tenant, Port Lands Land Co. Limited Partnership (the "Claimant"), has served a claim for compensation on the City pursuant to the Expropriations Act. A four-week hearing at the Ontario Land Tribunal has been scheduled to commence on September 16, 2024. This report deals with litigation that affects the City and contains advice or communications that are subject to solicitor-client privilege. The purpose of this report is to seek further direction regarding the litigation and any potential resolution of the subject claim for compensation and the information in this regard are being provided as confidential material.
City Council on September 5, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 23, 2024) from the City Solicitor. 2. City Council direct that Confidential Attachment 1 and Confidential Appendix A to the report (August 23, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the report (August 23, 2024) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the report (August 23, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this Report. 2. City Council direct that all information contained in Confidential Attachment 1 including the confidential recommendations therein and Confidential Appendix A are to remain confidential at the discretion of the City Solicitor as it contains advice and information which is subject to solicitor-client privilege.
RM21.6adopted
City Council will review the Order Paper.
City Council adopted the September 5, 2024 Order Paper and all other Items not held on consent.
CC21.7adopted
133 Summerhill Avenue - Toronto Local Appeal Body Hearing - Request for Directions
The applicant applied to the Committee of Adjustment requesting variances from City-wide Zoning By-law 569-2013 related to minimum rear yard soft landscaping, the minimum distance between main walls of a townhouse and maximum floor space index (Application Number A0132/24TEY) (the "Application"). The Application seeks to alter the existing two-and-one-half-storey townhouse dwelling by constructing a rear three-story addition with rear ground-level stairs, and to legalize and maintain the existing rear stone patio. On July 23, 2024, the Toronto and East York of the Committee of Adjustment refused the Application (Decision in Public Attachment 1). The applicant has appealed the refusal to the Toronto Local Appeal Body. The Toronto Local Appeal Body has issued a notice of hearing for this matter; the deadline to seek party status for this matter is September 9, 2024, the deadline for expert witness statements is October 7, 2024, and the hearing is scheduled to proceed on November 13, 2024. Direction from City Council is required on this matter.
City Council on September 5, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 26, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (August 26, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (August 26, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (August 26, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor to seek party status at the Toronto Local Appeal Body, and to attend the Toronto Local Appeal Body hearing, with appropriate City staff, in opposition to the appeal of the Committee of Adjustment's decision to refuse the Minor Variance application in Application A0132/24TEY, respecting 133 Summerhill Avenue. 2. City Council authorize the City Solicitor to attempt negotiate a resolution of the appeal of the decision in Application A0132/24TEY, respecting 133 Summerhill Avenue and to resolve the matter on behalf of the City at the City Solicitor's discretion in consultation Director of Community Planning, Toronto and East York District. The balance of Confidential Attachment 1 to the report (August 26, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (August 26, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
CC21.8adopted
This report recommends that City Council approve the demolition of a building located at 14 McKenzie Avenue within the South Rosedale Heritage Conservation District, and approve the design of a replacement house in accordance with Section 42(1) 2 and 42(1) 4 of the Ontario Heritage Act. This property is designated under Part V of the Ontario Heritage Act and it is noted in the South Rosedale Heritage Conservation District Plan as being "Unrated". This means it is "not of national, provincial, citywide or contextual heritage significance," does "not contribute to the heritage character of South Rosedale" or is "too recent to be accurately evaluated for their heritage value." The South Rosedale Heritage Conservation District Plan allows for the demolition of an "Unrated" building provided that the replacement building design complies with the South Rosedale Heritage Conservation District plan guidelines for new buildings and the applicable zoning by-laws. The proposed new 2-storey detached house meets the general intent of the South Rosedale Heritage Conservation District Plan's guidelines and would not detract from nearby rated heritage buildings in the immediate context. The proposed new building at 14 McKenzie Avenue is also the subject of a Minor Variance application which will be considered by the Committee of Adjustment after City Council has made a decision with respect to the required approvals under the Ontario Heritage Act. The recommendations contained within this report relate solely to approvals required under the provisions of the Ontario Heritage Act.
City Council on September 5, 2024, adopted the following: 1. City Council approve the demolition of the building at 14 McKenzie Avenue, an "Unrated" structure in the South Rosedale Heritage Conservation District, in accordance with Section 42(1) 4 of the Ontario Heritage Act and the erection of a building in accordance with Section 42(1) 2 of the Ontario Heritage Act subject to the following: a. City Council approve the replacement structure for 14 McKenzie Avenue as shown in the plans and elevations submitted by the applicant and prepared by Contempo Studio dated May 2024 and on file with the Senior Manager, Heritage Planning, and that the replacement structure be constructed substantially in accordance with the submitted plans; and b. prior to the issuance of any heritage permit for the property at 14 McKenzie Avenue, including a demolition permit but excluding permits for interior work, repairs and maintenance, and usual and minor works for the existing "Unrated" building as are acceptable to the Senior Manager, Heritage Planning, the applicant provide the following to the satisfaction of the Senior Manager, Heritage Planning: 1. photo documentation of the existing structure at 14 McKenzie Avenue; and 2. final building permit drawings for the replacement structure and a landscape plan consistent with the plans and elevations submitted by the applicant and prepared by Contempo Studio dated May 2024 and the South Rosedale Heritage Conservation District Plan.
Staff recommendation as filed
The Interim Chief Planner and Executive Director, City Planning recommends that: 1. City Council approve the demolition of the building at 14 McKenzie Avenue, an "Unrated" structure in the South Rosedale Heritage Conservation District, in accordance with Section 42(1) 4 of the Ontario Heritage Act and the erection of a building in accordance with Section 42(1) 2 of the Ontario Heritage Act subject to the following: a. City Council approve the replacement structure for 14 McKenzie Avenue as shown in the plans and elevations submitted by the applicant and prepared by Contempo Studio dated May 2024 and on file with the Senior Manager, Heritage Planning, and that the replacement structure be constructed substantially in accordance with the submitted plans; b. That prior to the issuance of any heritage permit for the property at 14 McKenzie Avenue, including a demolition permit but excluding permits for interior work, repairs and maintenance, and usual and minor works for the existing "Unrated" building as are acceptable to the Senior Manager, Heritage Planning, the applicant provide the following to the satisfaction of the Senior Manager, Heritage Planning: 1. Photo documentation of the existing structure at 14 McKenzie Avenue. 2. Final building permit drawings for the replacement structure and a landscape plan consistent with the plans and elevations submitted by the applicant and prepared by Contempo Studio dated May 2024 and the South Rosedale Heritage Conservation District Plan.