Toronto City Council
The full agenda, as filed
All 51 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.
BL3.1adopted
Introduction of General Bills and Confirming Bills
City Council will introduce General Bills and Confirming Bills.
City Council on February 7 and 8, 2023, passed By-laws 123-2023 to 164-2023.
CC3.1deferred
Review and Consideration for a Housing Commissioner Role or Function at Ombudsman Toronto
On July 19, 2022, Toronto City Council approved EX34.7 - Review and Considerations for a Housing Commissioner Role or Function. Following its approval, Council requested that Ombudsman Toronto consider the May 2022 Maytree Consultant Report ("Crean and Maytree Report"), as well as the June 2022 City Manager's Report and Recommendations to Council ("City Manager's Report"), and provide Council with recommendations related to the resources and structure required for the office to focus on investigations and reports related to systemic housing discrimination and systemic hurdles in the City of Toronto's housing planning and service delivery roles, including the consideration of a dedicated Deputy Ombudsman, Housing. This report will outline the structure and identify the resources required to take on the proposed role, should Council provide its approval. Our review, requested by City Council, included an examination of Council's July 19, 2022 decision, the HousingTO 2020-2030 Action Plan, the Housing Charter, the Crean and Maytree Report, and the City Manager's Report. The Crean and Maytree Report notes that "a single action, individual or office may not be an effective way to advance Toronto's objectives outlined in the Housing Charter."[1] This was also the conclusion reached by the City Manager, who wrote in his June report that "a suite of actions delivered in concert with each other is more likely to achieve Council's goals." Providing Ombudsman Toronto with the resources to conduct systemic investigations and reports that focus on housing would be one of several activities the City has proposed to achieve its housing goals.
City Council on February 7 and 8, 2023, deferred Item CC3.1 to the March 29, 2023 City Council meeting with a request that the Toronto Ombudsman bring a report with additional details about the Deputy Ombudsman, Housing function within the Ombudsman's office, the roles and responsibilities of the proposed new unit, and the relationship of the work of this new unit to the other actions being undertaken by the City that Council adopted in July 2022 to further the City's commitment to the progressive realization of the right to housing, including training, a Council Advisory Body, and an independent review of the HousingTO 2020 - 2030 Action Plan.
Staff recommendation as filed
The Ombudsman recommends that: 1. City Council authorize Ombudsman Toronto to establish a dedicated unit within the office that will focus on investigations and reports related to systemic housing discrimination and systemic hurdles in the City of Toronto's housing planning and service delivery roles. The unit will report to the Ombudsman and be led by a Deputy Ombudsman, Housing, with appropriate staff. Ombudsman Toronto will report to Council on investigations undertaken by the unit and will make public related findings and recommendations. In addition, Ombudsman Toronto will report back to Council on all housing-related complaints handled by the unit, as part of its annual reporting to Council.
DM3.1amended
This report recommends that City Council to state its intention to designate the four properties at 148 and 156-158 Avenue Road and 224 Davenport Road under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value. The subject properties are situated at the northwest corner of Avenue Road and Davenport Road. 148 and 156-158 Avenue Road contain three-storey, late Victorian-era, red brick residential and commercial buildings constructed together in 1891-1892 and representing the earliest period in the historical built evolution of Avenue Road. The adjacent property at 224 Davenport Road contains the former head office of Canada's largest bakery, the Canada Bread Company. Developed at the crossroads of two of the City's earliest annexed neighbourhoods, the Canada Bread Building, along with the house-form buildings at 156-158 Avenue Road are valued as a collection of historically associated residential and commercial properties with historic, physical and visual links to their surroundings since the late-19th and early 20th century. Heritage Planning staff have undertaken research and evaluation and determined that the four subject properties meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under all three categories of design, associative and contextual values. As such, the properties are significant built heritage resources. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act (OHA). The Bill 108 Amendments to the OHA came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the OHA now restricts City Council's ability to give notice of its intention to designate a property under the OHA to within 90 days after the City Clerk gives notice of a complete application. On July 5, 2021 an Official Plan and Zoning By-Law Amendment application (21 178720 STE 11 OZ) was submitted to the City to permit a 35-storey mixed-use building, atop a 3-storey podium on the site including the properties at 148-158 Avenue Road and 220-234 Davenport Road. The existing building facade at 224 Davenport Road is proposed to be maintained. Demolition is proposed for the existing buildings at 148, 152 and 156-158 Avenue Road and 224-234 Davenport Road. A Heritage Impact Assessment (HIA) was submitted as part of this application and it is currently being reviewed by staff. The impact of the proposed development proposal would have on the heritage values and attributes identified within a Notice of Intention to Designate will be considered by staff as part of the review of the development application. The development application currently under review was deemed complete following the new legislation coming into force. This Notice of Intention to Designate report was required to be considered by City Council before February 10, 2022, however, the applicant has agreed to extend the time limit to September 30, 2022. A Heritage Impact Assessment has been submitted by ERA Architects and is currently being reviewed by staff in conjunction with the related planning application. Designation enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council state its intention to designate the property at 224 Davenport Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 224 Davenport Road (Reasons for Designation) attached as Attachment 1 to the motion by Councillor Dianne Saxe. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act. 3. City Council will not designate the properties at 148, 156 or 158 Avenue Road.
Staff recommendation as filed
The Planning and Housing Committee recommends that: 1. City Council state its intention to designate the property at 148 Avenue Road (including entrance address at 220 Davenport Road) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 148 Avenue Road (Reasons for Designation) attached as Attachment 3 to the report (June 8, 2022) from the Chief Planner and Executive Director, City Planning. 2. City Council state its intention to designate the property at 156-158 Avenue Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 156-158 Avenue Road (Reasons for Designation) attached as Attachment 4 to the report June 8, 2022) from the Chief Planner and Executive Director, City Planning. 3. City Council state its intention to designate the property at 224 Davenport Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 224 Davenport Road (Reasons for Designation) attached as Attachment 5 to the report (June 8, 2022) from the Chief Planner and Executive Director, City Planning. 4. If there are no objections to the designations, City Council authorize the City Solicitor to introduce the Bills in Council designating the properties under Part IV, Section 29 of the Ontario Heritage Act.
IA3.1referred
Regarding the Gardiner East Project
I am submitting this administrative inquiry under Municipal Code Section 27-7.11 to seek information regarding the status of the Gardiner East "hybrid" construction project. A February 2016 Staff Report estimated the lifecycle cost of the Hybrid 3 option (which was ultimately chosen by Council) for the Gardiner East rebuild to be $1.053 billion in 2013 dollars ($1.31 billion in 2022 dollars). Question 1: What is the updated cost estimate for the Gardiner East Hybrid 3 option? An October 19, 2022 CP24 article included a statement from a City spokesperson confirming that only $500 million in contracts have been committed to the Gardiner East project. The spokesperson also confirmed that the design has not been finished, no contracts have been awarded for the easternmost portion of the project, and that construction is not scheduled to start until 2026. Question 2: Is the $500 million figure regarding contracts awarded for the Gardiner East rebuild cited in the CP24 article still accurate?
City Council on February 7 and 8, 2023, referred Administrative Inquiry IA3.1 from Councillor Josh Matlow, Ward 12, Toronto - St. Paul's regarding the Gardiner East Project and Answer IA3.1a from the City Manager to the Infrastructure and Environment Committee for consideration.
MM3.1adopted
As presently approved and agreed to, the required conveyance of land for parkland purposes, pursuant to Section 42 of the Planning Act, R.S.O. 1990. C. P. 13, for the 35, 41, 63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue, must be completed prior to the issuance of any Above-Grade Building Permit for any building on the Site, in accordance with Chapter 415 of the Municipal Code. The Owner is expected to be ready to request an Above Grade Building Permit for Tower A of the development early in 2023. However, the Owner is not yet ready to convey the parkland, because the waste management method currently in place for the nearly one thousand rental units on the Site is partially located on the parkland, and would be disrupted by the requirement to remove it to convey the parkland to the City. Delaying the conveyance of the parkland will allow minimal disruption and inconvenience to tenants of the dwelling units on the Site, and ensure the safety of operations staff, while allowing the Owner to proceed with construction of Tower A. The public interest is served by allowing the Owner to construct Tower A, prior to the conveyance of the parkland, because the proposed development will deliver 37 new rental residential dwelling units at affordable rents, some of which will be located within Tower A. Allowing construction to proceed will allow for the timely delivery of those new affordable dwelling units. Moreover, if the issuance of an Above Grade Building Permit is delayed, the conveyance of the park may also be delayed beyond the date set out in Recommendation 1.d below. The Section 37 Agreement for this development has not yet been finalized or registered, and as such, an Amending Agreement is not required, only revised instructions to staff in respect of the Section 37 Agreement that remains under negotiation.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council amend Item 2019.CC13.10 by: a. deleting Part 6: 6. City Council accept an on-site parkland dedication of 1,832 square metres on the southern part of the Site, immediately adjacent to the existing green space, in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act, generally as shown in Public Appendix C to the report (December 11, 2019) from the City Solicitor, with the final location and configuration of the on-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor; the on-site parkland to be transferred 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 to the satisfaction of the General Manager, Parks, Forestry, and Recreation and the City Solicitor. and adopting instead the following new Part 6: 6. City Council accept an on-site parkland dedication of 1,832 square metres on the southern part of the Site, immediately adjacent to the existing green space, in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act, generally as shown in Public Appendix C to the report (December 11, 2019) from the City Solicitor, with the final location and configuration of the on-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor; the on-site parkland to be transferred to the City shall be free and clear, above and below-grade, of all easements, encumbrances, and encroachments. b. deleting Part 9.x.: 9.x. the above base improvements for the off-site parkland dedication referred in Part 6 above and the development charge credit referred to in Part 7 above; and adopting instead the following new Part 9.x.: 9.x. the above base improvements for the on-site parkland dedication referred to in Part 6 above and the development charge credit referred to in Part 7 above; c. amending Part 9 to include the following sub-Parts: 9.xiv. prior to the issuance of the any above grade building permit(s), including any conditional above-grade building permits, the Owner shall: 1. post Financial Security in the amount of the value of the parkland as appraised by the Executive Director, Corporate and Real Estate Management in the form of a Letter of Credit and such security shall not be released until the parkland is conveyed to the City in a manner satisfactory to the General Manager, Parks, Forestry and Recreation; the Financial Security shall be paid in a form satisfactory to the City, and from the date the Financial Security is first paid to the City to such time as the parkland is conveyed to the City, be indexed annually in accordance with the appropriate Statistics Canada index to the satisfaction of the General Manager, Parks, Forestry and Recreation; and 2. register in priority a Section 118 Restriction, pursuant to the Land Titles Act against title to the 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, concurrent with the registration of the Section 37 Agreement on title to 35, 41-63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue."; and d. adopting the following new Part 13: 13. The parkland described in Part 6 shall be conveyed to the City prior to the earlier of (1) twelve months after the occupancy of Tower A, and (2) the issuance of any building permit for Tower B or Tower C.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Ausma Malik, recommends that: 1. City Council amend Item 2019.CC13.10 by: a. deleting Part 6: "6. City Council accept an on-site parkland dedication of 1,832 square metres on the southern part of the Site, immediately adjacent to the existing green space, in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act, generally as shown in Public Appendix C to the report (December 11, 2019) from the City Solicitor, with the final location and configuration of the on-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor; the on-site parkland to be transferred 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 to the satisfaction of the General Manager, Parks, Forestry, and Recreation and the City Solicitor." and adopting instead the following new Part 6: "6. City Council accept an on-site parkland dedication of 1,832 square metres on the southern part of the Site, immediately adjacent to the existing green space, in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act, generally as shown in Public Appendix C to the report (December 11, 2019) from the City Solicitor, with the final location and configuration of the on-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor; the on-site parkland to be transferred to the City shall be free and clear, above and below-grade, of all easements, encumbrances, and encroachments." b. deleting Part 9.x.: "9.x. the above base improvements for the off-site parkland dedication referred in Part 6 above and the development charge credit referred to in Part 7 above;". and adopting instead the following new Part 9.x.: 9.x. the above base improvements for the on-site parkland dedication referred to in Part 6 above and the development charge credit referred to in Part 7 above;". c. amending Part 9 to include the following sub-Parts: "9.x.i.v. prior to the issuance of the any above grade building permit(s), including any conditional above-grade building permits, the Owner shall: 1. post Financial Security in the amount of the value of the parkland as appraised by the Executive Director, Corporate and Real Estate Management in the form of a Letter of Credit and such security shall not be released until the parkland is conveyed to the City in a manner satisfactory to the General Manager, Parks, Forestry and Recreation; the Financial Security shall be paid in a form satisfactory to the City, and from the date the Financial Security is first paid to the City to such time as the parkland is conveyed to the City, be indexed annually in accordance with the appropriate Statistics Canada index to the satisfaction of the General Manager, Parks, Forestry and Recreation; and 2. register in priority a Section 118 Restriction, pursuant to the Land Titles Act against title to the 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, concurrent with the registration of the Section 37 Agreement on title to 35, 41-63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue."; and d. adopting the following new Part 13: "13. The parkland described in Part 6 shall be conveyed to the City prior to the earlier of (1) twelve months after the occupancy of Tower A, and (2) the issuance of any building permit for Tower B or Tower C."
RM3.1adopted
- O Canada - Moment of Silence
CALL TO ORDER: 9:41 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. February 7, 2023 Members of Council observed a moment of silence and remembered: The discovery of potential burial sites on Wauzhushk Onigum Nation The Honourable David Onley A.R. Michele Albanese An Unknown Individual John Paul Boorman Barbara Helen Castledine Alvina Naiomi Chance Edward Charles Czarnecki Frank Daly Jane Doe John Doe Michael Finlay Naftully "Nathan" Gerwitz Michael Kirk Harvey "Hydro" Jules Kronis Ken Lee Natalie Helen Meier Jim Nyman Michael Pilch Dawn Rosemary Potts Gail Elaine Stacey Peter Strickland David Wheeler Victims of the Jerusalem Neve Yaakov synagogue massacre Speaker Nunziata acknowledged that City Council was meeting on 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. Speaker Nunziata also acknowledged that Toronto is covered by Treaty 13 signed with the Mississaugas of the Credit. 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. This meeting is being held as a hybrid meeting. Members of Council, staff and the public are participating in today's meeting remotely and in person, and the meeting is being streamed live on YouTube. I'd like to welcome the public who are with us here today, and who are watching the meeting online.
CC3.2withdrawn
Legal Challenge to Bill 184 - Protecting Tenants and Strengthening Community Housing Act, 2020
On July 21, 2020, the Province passed Bill 184, Protecting Tenants and Strengthening Community Housing Act, 2020. Among other things, it made several amendments to the Residential Tenancies Act, 2006 that changed some of the procedural rules for landlord and tenant applications brought before the Landlord and Tenant Board. On July 28 and 29, 2020, City Council directed the City Solicitor to commence a legal challenge to those amendments. On March 30, 2021, the City issued a Notice of Application in Superior Court, seeking to challenge the validity of the amendments. The parties have now exchanged their application materials and are in the process of completing cross-examinations on their witnesses' affidavit evidence. Following this, the parties will agree to a date for the exchange of their written legal arguments and request a hearing date from the court. The City Solicitor brings this confidential report in order to seek further instructions.
Item CC3.2 was withdrawn at City Council on February 7 and 8, 2023.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.
MM3.2adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 319 Roncesvalles Ave. operating under the name Roncesvalles Convenience Plus T.B.K.A Alimentari Italian Grocery (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 December 23, 2022.
City Council on February 7 and 8, 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 Roncesvalles Convenience Plus T.B.K.A Alimentari Italian Grocery, 319 Roncesvalles Avenue (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence, and that the Registrar should issue a Proposal to Review the liquor licence application. 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Roncesvalles Convenience Plus T.B.K.A Alimentari Italian Grocery, 319 Roncesvalles Avenue (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.
RM3.2adopted
City Council will confirm the Minutes from the special meetings held on November 23 and 24, 2022 and December 14 and 15, 2022.
City Council confirmed the Minutes of Council from special meetings 1 and 2 held on November 23 and 24, 2022, and December 14 and 15, 2022.
CC3.3adopted
On July 28, 2020, City Council approved Site-Specific Zoning By-law 831-2020 and Site-Specific Zoning By-law 832-2020 (the "Zoning By-laws") permitting the revitalization of a Toronto Community Housing site located at 1555-1575 Queen Street East including a 10 storey residential building (the "TCHC Building"), and a 17 and 16 storey mixed-use building (the "Market Building"). On December 16, 2022, the applicant submitted a minor variance application to the Committee of Adjustment seeking relief from the provisions of the Zoning By-laws relating to the timing of certain obligations related to the design and construction of municipal infrastructure improvements in connection with the development of the Market Building (the "Minor Variance Application"). On January 18, 2023, the Committee of Adjustment approved the Minor Variance Application (the "Committee of Adjustment Decision"). The Section 37 Agreement registered on title as Instrument AT5558406 on October 29, 2020 (the "Section 37 Agreement") similarly includes provisions relating to the timing of the design and construction of municipal infrastructure improvements in connection with the development of the Market Building. In light of the Committee of Adjustment Decision, the Section 37 Agreement will need to be amended to reflect the revised timing as approved by the Committee of Adjustment.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council authorize the appropriate City officials to enter into and register on title an agreement to amend the Section 37 Agreement dated October 26, 2020, registered as Instrument AT5558406 on October 29, 2020 to implement the revised timing for the design and construction of municipal infrastructure improvements as approved by the Committee of Adjustment Decision dated January 18, 2023. 2. City Council authorize the City Solicitor to make any other such amendments determined necessary to implement City Council's decision on this matter, on terms satisfactory to the Chief Planner and Executive Director, City Planning and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council authorize the appropriate City officials to enter into and register on title an agreement to amend the Section 37 Agreement dated October 26, 2020, registered as Instrument AT5558406 on October 29, 2020 to implement the revised timing for the design and construction of municipal infrastructure improvements as approved by the Committee of Adjustment Decision dated January 18, 2023. 2. City Council authorize the City Solicitor to make any other such amendments determined necessary to implement City Council's decision on this matter, on terms satisfactory to the Chief Planner and Executive Director, City Planning and in a form satisfactory to the City Solicitor.
MM3.3adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor sales licence at the premises at 341 Jane Street operating under the name Salsa Venezuelan Street Food (the "Premises"). The application is for an indoor area only. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that the application for a liquor sales licence at the Premises 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 December 17, 2022.
City Council on February 7 and 8, 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 sales licence Salsa Venezuelan Street Food, 341 Jane Street (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 sales licence application. 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor sales licence Salsa Venezuelan Street Food, 341 Jane Street (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 sales 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.
RM3.3adopted
Introduction of Committee Reports and New Business from City Officials
Report of the Executive Committee from Meeting 2 on January 31, 2023 Submitted by Mayor John Tory, Chair Report of the Board of Health from Meeting 1 on January 16, 2023 Submitted by Councillor Chris Moise, Chair Report of the Economic and Community Development Committee from Meeting 1 on January 11, 2023 Submitted by Councillor Shelley Carroll, Chair Report of the General Government Committee from Meeting 1 on January 20, 2023 Submitted by Councillor James Pasternak, Chair Report of the Infrastructure and Environment Committee from Meeting 1 on January 30, 2023 Submitted by Deputy Mayor Jennifer McKelvie, Chair Report of the Planning and Housing Committee from Meeting 1 on January 19, 2023 Submitted by Councillor Brad Bradford, Chair Report of the Etobicoke York Community Council from Meeting 2 on January 23, 2023 Submitted by Councillor Stephen Holyday, Chair Report of the North York Community Council from Meeting 2 on January 25, 2023 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 2 on January 27, 2023 Submitted by Councillor Paul Ainslie, Chair Report of the Toronto and East York Community Council from Meeting 2 on January 26, 2023 Submitted by Councillor Gord Perks, Chair New Business submitted by City Officials.
Committee Reports and New Business were presented to City Council for consideration.
CC3.4deferred
Claim to Recover Damages - Toronto Police Service Data Centre
Background The Toronto Police Service operates a data centre ("the "Data Centre") that is located in a building owned by the City. Responsibilities for the Data Centre are shared; the Toronto Police Service is responsible for the data room and related systems and the City (through its Corporate Real Estate Division) is responsible for building operations including the mechanical and electrical systems, life safety equipment, overall building envelope, and general management of the building. The Data Centre houses computer hardware, software, and related equipment and technology to support network and information technology services for the Toronto Police Service. The location of the Data Centre and its functionality is confidential. Construction of the Data Centre commenced in August 2017. It was substantially complete by November, 2018 and turned over to the City to operate and maintain. Fit up of the Data Centre by Toronto Police Service with computer and network equipment was completed in September 2019. In early 2021, Toronto Police Service staff observed significant unexpected corrosion on computer hardware components and certain metal surfaces in the Data Centre. In order to mitigate against potentially catastrophic system failures, Toronto Police Service locked down the building while it explored options to relocate the data systems. By mid-2021, Toronto Police Service had moved all operations from the Data Centre to other locations and taken all of the computer equipment offline. Toronto Police Service determined that corrosion observed on some of the computer systems compromised the equipment's integrity and, therefore, created operational risks. Accordingly, Toronto Police Service determined that it was necessary to relocate staff and operations to another facility, pending the completion of its investigation into the causes of the corrosion, the implementation of appropriate measures to prevent future damage to its computer systems, and the replacement of the computer systems in the Data Centre. The Construction of the Data Centre In 2014, the Toronto Police Services Board recognized that its current disaster recovery data centre was at its maximum capacity and located too close to the main site to meet industry standards for business continuity purposes. For these reasons Toronto Police Service received approval as part of its 2015-2024 capital program to replace the existing data centre with a new facility that would meet its operational requirements. Following the approval of this construction project, the Toronto Police Services Board awarded MMM Group Limited ("MMM Group") with the architectural design and consulting services contract for the Data Centre. As part of its contractual work, MMM Group developed site selection criteria and reviewed suitable sites with the City of Toronto Real Estate Division. In 2016, the City acquired the property on which the Data Centre would ultimately be constructed. In July of 2016 the Toronto Police Services Board entered into a contract with Eastern Construction Company Limited for construction management and construction services for the Data Centre project based on the designs and specifications prepared by MMM Group. The Data Centre was designed to include, among other things, heating, ventilation, and air conditioning systems that were capable of maintaining a consistent level of temperature and humidity within the Data Centre. These key heating, ventilation, and air conditioning systems were manufactured by KyotoCooling North America LLC and Stulz Air Technology Systems Inc. and commissioned by Jones Lang LaSalle Real Estate Services, Inc. The Data Centre was substantially completed in November 2018 and the City contracted with Bouygues Energies and Services Canada Limited and Plan Group Inc. for the general maintenance of the Data Centre and ongoing maintenance of the mechanical and heating, ventilation, and air conditioning systems. The Toronto Police Services Board entered into contracts with DP Environmental Service Inc. for specialized cleaning of the Data Centre computer equipment, preparing environmental assessments, and concrete sealing of the Data Centre subfloor. Confidential Attachment 1 contains legal advice from the City Solicitor with respect to ongoing investigation of the issues and legal action against the parties contracted to design and construct the building, to install heating and cooling and building management systems, and to clean and maintain the Data Centre. A statement of claim was issued on December 21, 2022 in order to recover the losses incurred as a result of the property damage, the anticipated costs to address the existing deficiencies that led to the damage, and associated costs to relocate staff and equipment while the investigation, design and construction work is undertaken.
City Council on February 7 and 8, 2023, deferred Item CC3.4 to the March 29, 2023 meeting of City Council.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council direct that the confidential instructions in Confidential Attachment 1 remain confidential at the discretion of the City Solicitor and that the balance of Confidential Attachment 1 remain confidential in its entirety as it pertains to litigation and contains advice that is subject to litigation and solicitor-client privilege.
MM3.4adopted
Street Vending Permit Transfer - by Councillor Ausma Malik, seconded by Councillor Alejandra Bravo
David Roland Schooley has been the operator and Sidewalk Vending Permit holder of a hotdog cart on the north side of Lakeshore Blvd (30 meters east of Bay St) for many years. There is a current moratorium in place which does not allow applications for a Sidewalk Vending Permit to vend refreshments and/or vehicles from a non-motorized vehicle. COVID-19 has added immense financial pressures to families, particularly to those who rely on these types of businesses which are somewhat precarious in nature, and given that this is the family's main income they cannot afford to lose it. This Motion is urgent because if the permit is not transferred as soon as possible, they will be unable to operate the street vending unit and continue losing income needed to support the family.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council, despite the moratorium on Sidewalk Vending Permits in Ward 10 in Section 740-11 of the Toronto Municipal Code Chapter 740, Street Vending, and the prohibition on transferring Sidewalk Vending Permits in section 740-31 of Chapter 740, Street Vending, City Council direct the Executive Director, Municipal Licensing and Standards, to lift the moratorium on sidewalk vending in Ward 10 for this particular case, and accept a transfer application for Sidewalk Vending Permit R53-2126896 (David Roland Schooley), as well as issue a new permit to 1000404567 Ontario Inc., provided that: a. all terms and conditions of the permit and other requirements of Chapter 740, Street Vending, shall continue to apply; and b. 1000404567 Ontario Inc. has provided the City with the following to the satisfaction of the Executive Director, Municipal Licensing and Standards: i. a new agreement with the City; ii. updated proof of insurance; iii. proof of a valid business license issued by the City; and iv. proof of the payment of all applicable fees required by the City. 2. City Council direct the Executive Director, Municipal Licensing and Standards, to waive the following Sidewalk Vending Permits conditions for Sidewalk Vending Permit R53-2126896: a. the Executive Director, Municipal Licensing and Standards, shall, so far as is practicable, notify the owners of buildings and occupants of businesses within 25 metres of the proposed designated area, the Board of Management of a local Business Improvement Area and the local Councillor of the application and its eligibility for approval, stating that any person may object to the application by writing to the Executive Director, Municipal Licensing and Standards, within 14 days from the date of notification. 3. City Council direct that a total of at least 2.5 metres of paved sidewalk, measured between the face of the designated area at which customers stand and any adjacent obstruction to pedestrian passage or change in grade on private property, shall remain available.
Staff recommendation as filed
Councillor Ausma Malik, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council, despite the moratorium on Sidewalk Vending Permits in Ward 10 in section 740-11, Chapter 740, Street Vending, and the prohibition on transferring Sidewalk Vending Permits in section 740-31 of Chapter 740, Street Vending, City Council direct the Executive Director, Municipal Licensing and Standards, to lift the moratorium on sidewalk vending in Ward 10 for this particular case, and accept a transfer application for Sidewalk Vending Permit R53-2126896 (David Roland Schooley), as well as issue a new permit to 1000404567 Ontario Inc., provided that: a. all terms and conditions of the permit and other requirements of Chapter 740, Street Vending shall continue to apply; and b. 1000404567 Ontario Inc. has provided the City with the following to the satisfaction of the Executive Director, Municipal Licensing and Standards: i. a new agreement with the City; ii. updated proof of insurance; iii. proof of a valid business license issued by the City; and iv. proof of the payment of all applicable fees required by the City. 2. City Council direct the Executive Director, Municipal Licensing and Standards to waive the following Sidewalk Vending Permits conditions for Sidewalk Vending Permit R53-2126896: a. the Executive Director, Municipal Licensing and Standards shall, so far as is practicable, notify the owners of buildings and occupants of businesses within 25 metres of the proposed designated area, the Board of Management of a local Business Improvement Area and the local Councillor of the application and its eligibility for approval, stating that any person may object to the application by writing to the Executive Director within 14 days from the date of notification. 3. City Council direct that a total of at least 2.5 metres of paved sidewalk, measured between the face of the designated area at which customers stand and any adjacent obstruction to pedestrian passage or change in grade on private property, shall remain available.
RM3.4received
Members of Council will declare interests under the Municipal Conflict of Interest Act.
Members of Council declared interests under the Municipal Conflict of Interest Act.
CC3.5adopted
The purpose of this report is to request further instructions for the Ontario Land Tribunal ("Tribunal") proceeding that is currently scheduled for a thirteen-day contested hearing beginning June 12, 2023. The owner has appealed the Official Plan and zoning by-law amendment application for 175-195 St. Clair Avenue West and 273 Poplar Plains Road due to Council's failure to make a decision on the application within the time prescribed by the Planning Act. On July 19, 2022 City Council directed the City Solicitor, along with appropriate staff, to oppose the Tribunal appeal but continue discussions with the applicant to resolve issues.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 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 (January 26, 2023) from the City Solicitor and of Confidential Appendix A to the report (January 26, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the settlement offer attached as Confidential Appendix A to the report (January 26, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend the Ontario Land Tribunal to support the settlement, conditional on the matters being addressed as set out in Part 2 below. 2. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its order with respect to the official plan and rezoning appeal until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form and content of the Official Plan Amendment and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the Owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan and Zoning By-law Amendment application as set out in their memo dated September 30, 2022, or as may be updated, in response to further submissions filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. in the event that the updated Functional Servicing Report, identifies any required improvements to municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational any upgrades or required improvements, prior to the issuance of any above grade building permit, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and d. City Council has approved the Rental Housing Demolition Application (21 111463 STE 12 RH) 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 one (1) existing rental dwelling unit on the site. 3. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendix A to the report (January 26, 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 (January 26, 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 (January 26, 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 City Solicitor report. 2. City Council authorize the public release of the Confidential Appendix A and the confidential recommendations in Confidential Attachment 1 of the report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report remain confidential at the discretion of the City Solicitor, as it contains advice and information which is subject to solicitor-client privilege.
MM3.5amended
Reviewing Revenue Tool Options for Toronto - by Mayor John Tory, seconded by Councillor Chris Moise
It is time for a new fiscal deal for cities. This discussion which must be had with the Government of Canada and the Government of Ontario has to be informed by up-to-date information on the revenue tools that we have available. In 2016, I along with Council requested a report be undertaken to study the potential revenue tools available under the City of Toronto Act which acknowledged at the time the unsustainable financing model of Canada's largest city. That report led to a Council decision on expressway tolls, the institution of the hotel tax, and harmonizing of Municipal Land Transfer Act rates along with other minor changes. While expressway tolls were ultimately rejected by the provincial government of the day it did result in additional gas tax revenue from the Province at the time. Since then, we have also instituted a new vacant home tax which is in its first year in 2023. While the remaining tools we have are limited in addressing the scale of the problem, I am recommending that we complete a revised study of revenue generating options available to the City under the City of Toronto Act and in particular complete an in depth feasibility study of the commercial parking levy. As we move forward it's important to consider all available tools in the context of feasibility, alignment with Council directed policy objectives, and how such tools do or do not address substantial budgetary pressures faced by the City. While we await the results of this study, I will reiterate that the tools allowed under the City of Toronto Act are not enough alone to resolve the pressing challenges of this City. In the wake of the COVID-19 pandemic it is clear that the countless calls this Council has made on other levels of government for sustainable funding is required now more than ever to continue delivering the services our residents rely on. The best option remains a new model for municipal financing that allows city revenues to grow alongside the economy, an economy which sees Toronto proudly make the largest contribution to our overall national success. I look to the Council for your support on this item and look forward to future consideration of revenue tool options informed by the results of this study.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council direct the City Manager, the Deputy City Manager, and the Chief Financial Officer and Treasurer, to report in the third quarter of 2023 with an updated assessment of revenue generating options available under the City of Toronto Act, 2006 which must include but not be limited to: a. an assessment of potential revenue generated; b. an assessment of cost of administration; c. an assessment of other municipalities that have implemented similar revenue generating tools; d. alignment with City Council policy objectives; and e. additional considerations such as economic impact, stakeholder impact, and environmental impact. 2. City Council direct the Chief Financial Officer and Treasurer, in consultation with the City Manager and the General Manager, Economic Development and Culture, to include in the above study feasibility of implementing a parking levy including: a. estimates of the current number of commercial, paid and unpaid parking spaces in the City of Toronto, broken down by ward; b. estimates on revenue potential of a parking levy applied to commercial, paid and unpaid parking spaces; c. costs associated with implementing such a levy, including administrative costs; d. implementation considerations including the feasibility of excluding designated commercial and other parking spaces from the levy, graduated fees based on proximity to transit service, and a downtown levy; e. a jurisdictional review and summary of other governments that have implemented a similar parking levy, including Vancouver; f. an analysis of how proceeds may support Toronto Transit Commission capital funding and/or the City's operating budget; g. a review of how a parking levy may align with other policy objectives established by Council; h. an analysis of how a commercial parking levy may support or hinder Toronto's Covid-19 economic recovery, impacts on businesses, Toronto's competitiveness compared to neighbouring municipalities, and impacts on low-income residents. i. a summary of stakeholders that would be impacted by a commercial parking levy and results of initial market sounding with stakeholders; and j. an assessment of parking levy impacts on Toronto's climate goals. 3. City Council request the City Manager and the Chief Financial Officer and Treasurer to include in the report in the third quarter of 2023, the total amount of taxes paid by Toronto residents to all three levels of Government and what percentage of taxes paid by Toronto residents leave the City to pay for programs and services outside of Toronto. 4. City Council direct the City Manager to ensure the results of this report are part of any intergovernmental discussions to achieve a new fiscal framework for Toronto. 5. City Council request the Toronto Parking Authority Board to direct the appropriate staff at the Toronto Parking Authority to complete a review of rates for on-street and off-street parking.
Staff recommendation as filed
Mayor John Tory, seconded by Councillor Chris Moise, recommends that: 1. City Council direct the City Manager, the Deputy City Manager, and the Chief Financial Officer and Treasurer, to report in the third quarter of 2023 with an updated assessment of revenue generating options available under the City of Toronto Act, 2006 which must include but not be limited to: a. an assessment of potential revenue generated; b. an assessment of cost of administration; c. an assessment of other municipalities that have implemented similar revenue generating tools; d. alignment with City Council policy objectives; and e. additional considerations such as economic impact, stakeholder impact, and environmental impact. 2. City Council direct the Chief Financial Officer and Treasurer, in consultation with the City Manager and the General Manager, Economic Development and Culture, to include in the above study feasibility of implementing a parking levy including: a. estimates of the current number of commercial, paid and unpaid parking spaces in the City of Toronto, broken down by ward; b. estimates on revenue potential of a parking levy applied to commercial, paid and unpaid parking spaces; c. costs associated with implementing such a levy, including administrative costs; d. implementation considerations including the feasibility of excluding designated commercial and other parking spaces from the levy, graduated fees based on proximity to transit service, and a downtown levy; e. a jurisdictional review and summary of other governments that have implemented a similar parking levy, including Vancouver; f. an analysis of how proceeds may support Toronto Transit Commission capital funding and/or the City's operating budget; g. a review of how a parking levy may align with other policy objectives established by Council; h. an analysis of how a commercial parking levy may support or hinder Toronto's Covid-19 economic recovery, impacts on businesses, Toronto's competitiveness compared to neighbouring municipalities, and impacts on low-income residents; and i. a summary of stakeholders that would be impacted by a commercial parking levy and results of initial market sounding with stakeholders. 3. City Council direct the City Manager to ensure the results of this report are part of any intergovernmental discussions to achieve a new fiscal framework for Toronto. 4. City Council request that the Toronto Parking Authority Board direct the appropriate staff at the Toronto Parking Authority complete a review of rates for on-street and off-street parking.
RM3.5received
Members of Council may file petitions.
City Council on February 7 and 8, 2023 received the following petition for information: 1. Petition regarding "Midtown Yonge Complete Street Pilot", submitted by Councillor Dianne Saxe, Ward 11 - University-Rosedale, containing the names of approximately 8,784 persons.
CC3.6adopted
Rimap and Main Developments Inc. (the "Applicant") is the owner of the property municipally known as 5238 Dundas Street West and 28 Jopling Avenue South (the "Subject Site"). The Applicant applied for Official Plan and zoning by-law amendments (the "Applications") in order to facilitate a 40-storey mixed-use building with 475 dwelling units and 380 square metres of retail space on the ground floor on the Subject Site (the "Application"). The Applicant appealed the Applications to the Ontario Land Tribunal due to Council not making a decision within the prescribed time frames set out in the Planning Act. The appeal was assigned Case OLT-22-002961. On July 19, 2022, City Council adopted the recommendations of Community Planning staff to direct the City Solicitor and appropriate staff to attend the Ontario Land Tribunal in opposition to the Applications. A 10-day hearing has been scheduled to commence on April 24, 2023. The City Solicitor requires further direction. City Planning, Urban Design, and Parks, Forestry and Recreation staff have been involved in the preparation of this report.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 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 (January 26, 2023) from the City Solicitor and of Confidential Attachments 2 and 3 to the report (January 26, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor remain confidential, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer dated January 25, 2023 in Confidential Attachment 2 to the report (January 26, 2023) from the City Solicitor, and as generally shown on the Revised Plans dated January 24, 2023, in Confidential Attachment 3 to the report (January 26, 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 proposal as set out in the Settlement Offer dated January 25, 2022 in Confidential Attachment 2 to the report (January 26, 2023) from the City Solicitor, and as generally shown on the Revised Plans dated January 24, 2023 in Confidential Attachment 3 to the report (January 26, 2023) from the City Solicitor. 3. City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its final order on the Official Plan and Zoning By-law amendment applications until such time as the Tribunal has been advised by the City Solicitor that: a. the 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 submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the proposed development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required; c. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review and the General Manager, Parks, Forestry and Recreation; d. the owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services; e. the owner has provided a revised Pedestrian Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, with recommendations implemented as part of the amending Zoning By-laws to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; f. the submitted Noise Feasibility Assessment has been peer reviewed by a qualified third-party consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; and g. the Electromagnetic Field Management Report has been reviewed and accepted by Toronto Public Health. 4. City Council direct the City Solicitor, in the event it is determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report and the Traffic Impact Study, to request that a Holding Provision (H) be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such 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 the 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. 5. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision. Confidential Attachments 2 and 3 to the report (January 26, 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 (January 26, 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 Confidential Attachment 1 to this report. 2. If the confidential recommendations in Confidential Attachment 1 are adopted by City Council, City Council authorize the public release of: a. the confidential recommendations in Confidential Attachment 1, but that the remainder of Confidential Attachment 1 remain confidential as it contains advice which is subject to solicitor-client privilege; and b. Confidential Attachments 2 and 3.
MM3.6adopted
At its meeting held on March 9, 2022, City Council adopted Scarborough Community Council Item SC30.2, which recommended amendments to the City of Toronto Zoning By-law 569-2013 to permit the redevelopment of 4097 Lawrence Avenue East and 197 to 201 Galloway Road at a height and density greater than otherwise permitted in the City of Toronto Zoning By-law 569-2013 in exchange for the provision of such facilities, services, and matters otherwise set in the by-law and Section 37 agreement. City Council enacted By-law 251-2022 at its meeting on March 9, 2022 to permit the development. A technical and stylistic amendment is required to correct an error that has come to City Planning's attention since the by-law was enacted: - An amendment to Section 40.10.40.80.2(A) is required to permit a minimum 5.0 metres separation between main walls with windows, rather than 5.9 metres to accommodate the north-south portion of the elbow in the proposed development. The incorrect separation distance does not correctly match the Council approved rezoning application, and associated Site Plan drawing as detailed in the Final Report. The building envelope has not changed and continues to match that of Diagram 4 as set out in By-law 251-2022. -Diagram 4 in By-law 251-2022 incorrectly depicts the main wall setback dimension as set out above, resulting in an internal setback that does not correctly match the Council approved rezoning application, and associated Site Plan drawing as detailed in the Final Report; City Planning is of the opinion that the technical amendments to By-law 251-2022 as set out in the Recommendations are appropriate, are good planning and do not require any further public notice. This is an urgent matter since the by-law was enacted almost a year ago and further delay may cause hardship to the applicant.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council amend Diagram 4 to By-law 251-2022 by replacing with the diagram attached as Schedule A to this Member Motion MM3.6. 2. City Council amend By-law 251-2022 and Exception CR 463 by replacing Site Specific Regulation (M) with the following: (M) Despite Regulation 40.10.40.80(2)(A), the required minimum above-ground distance between two main walls with windows is 5.0 metres; 3. City Council direct the City Solicitor to bring forward to City Council's meeting on February 7, 2023 for enactment by Council, a by-law to make the change noted in Part 1 above to By-law 251-2022. 4. City Council determine that pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-law 251-2022.
Staff recommendation as filed
Councillor Paul Ainslie, seconded by Deputy Mayor Jennifer McKelvie, recommends that: 1. City Council amend Diagram 4 to By-law 251-2022 by replacing with the diagram attached as Schedule A to this motion. 2. City Council amend By-law 251-2022 and Exception CR 463 by replacing Site Specific Regulation (M) with the following: (M) Despite Regulation 40.10.40.80(2)(A), the required minimum above-ground distance between two main walls with windows is 5.0 metres; 3. City Council direct the City Solicitor to bring forward to City Council's meeting on February 7, 2023 for enactment by Council, a by-law to make the change noted in Recommendation 1 above to By-law 251-2022. 4. City Council determine that pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-law 251-2022.
RM3.6received
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 February 7 and 8, 2023. February 7, 2023 Speaker Nunziata, during the morning session of the meeting, called upon Mayor Tory to address City Council. Mayor Tory welcomed the 109th Grey Cup Champions, the Toronto Argonauts, to the Chamber. Mayor Tory acknowledged that it was the second time he had the pleasure of welcoming the Grey Cup Champions, the last time being in 2017. Mayor Tory commented that the win was very special to him as former lawyer then commissioner of the Canadian Football League. He recognized the challenges the league faced as the only football league to play in Canada and commended the team on their persistence, teamwork, intelligence, and their dedication to the communities in which they live and work. Mayor Tory acknowledged the tremendous contribution the team makes to the community, to the fans, and to the City of Toronto. He referenced the longevity of the Toronto Argonauts as a team, as the longest-running franchise in the league, having their 150th anniversary this year. Mayor Tory thanked the team for their dedication and congratulated them on their victory. Mayor Tory invited Toronto Argonauts Head Coach Ryan Dinwiddie to speak. Mr. Dinwiddie thanked the Mayor for having the team at Council and thanked the fans and community for the support and recognition. He invited the 109th Grey Cup Most Valuable Player, Henoc Muamba, to speak. Mr. Muamba spoke about the drive and determination of the team and the lessons they learned this year, about the value of the leadership and coaching staff and attributed the team's success to the work that was put in from the top down. Mr. Muamba thanked the City of Toronto for their support of the team. Mayor Tory invited Michael "Pinball" Clemons to speak. Mr. Clemons spoke about the struggles and injuries the team faced and commented that a great team comes together to overcome such things. He commented that their victory was the result of teamwork and collaboration, and acknowledged his team and coaching staff as the greatest collaborators he knew. Mr. Clemons thanked the fans for their love and support. February 8, 2023 Speaker Nunziata, during the morning session of the meeting, called upon Mayor Tory to address City Council. Mayor Tory offered condolence remarks in memory of the late former Mississauga Mayor Hazel McCallion. He commented on their long friendship and the growth of Mississauga into one of the largest cities in Ontario under Ms. McCallion's guidance. Mayor Tory recognized Ms. McCallion's 12 terms in office as Mayor which he attributed to her honesty and forthrightness, and her belief in and dedication to local government. Mayor Tory remembered Ms. McCallion's fierceness and determination in contributing to her community and the Greater Toronto Area. Mayor Tory stated that City of Toronto flags would be lowered to half mast on Monday, what would have been Hazel McCallion's 102nd birthday and stated that more would be done in the future to honour her legacy. Mayor Tory, during the afternoon session of the meeting, acknowledged the victims of the earthquake in Turkey and Syria and people who are suffering from the after effects of the quake. Mayor Tory recognized what a loss this was to the large Turkish and Syrian communities in the City. Mayor Tory asked Members of Council to observe a moment of silence to remember Hazel McCallion and the victims of the earthquake in Turkey and Syria. Councillor Pasternak welcomed the grade 5 to 8 students of the Africentric Alternative School and their teachers, Mr. Yazdani, Mr. Tawiah, and Mrs. Wheeler, who were present in the Chamber.
CC3.7adopted
On December 15, 2022, the Ontario Land Tribunal ordered the appeal of a zoning by-law amendment application for 399-405 Yonge Street filed by 399Y Corporation (Case OLT-22-004696) (the "399Y Appeal") to be consolidated with the appeals of a request to amend the City's Official Plan and a zoning by-law amendment application filed by 415 Yonge Holding Ltd. in respect of the subject lands (Cases OLT-22-004189 and OLT-22-002502, respectively) (the "415 Appeals"). On account of the Tribunal's order to consolidate the various appeals referred to above, the various applications are all being treated as a single application for the purpose of the hearing scheduled to commence on May 8, 2023. This report provides an update in respect of a resubmission made by the appellants for the 415 Appeals on or around January 13, 2023 and seeks further direction for the City Solicitor.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and of Confidential Appendix A to the report (January 26, 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 (January 26, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the report (January 26, 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 and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (January 26, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this Report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix "A" to this report from the City Solicitor 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 and information, which is subject to solicitor-client privilege.
MM3.7adopted
At its meeting held on July 19, 20, and 21, 2022 City Council adopted Etobicoke York Community Council Item EY33.2 which recommended amendments to the Etobicoke Zoning Code and City of Toronto zoning by-law 569-2013 to permit redevelopment of 63 and 73 Widdicombe Hill Boulevard with two additional apartment buildings of seven and 18 storeys while retaining two existing 17 storey apartment buildings. City Council enacted By-laws 976-2022 and 977-2022 to permit the development. It has come to City Planning's attention that there is a minor error in the height map to the two implementing zoning by-laws, namely that the southernmost portion of Building B is listed as permitting 3 storeys whereas 4 stories were intended in the application and staff report considered by City Council. The permitted height in each height map is correct at 15.5m, confirming that the number of storeys is a typographical error. The proposed technical amendments correct the number of storeys by replacing the height maps. The building has not changed in any material way from what was considered and approved by City Council. It is therefore appropriate that the technical amendments as set out in the Recommendations be made to By-laws 976-2022 and 977-2022 without the need for any further public notice. This is an urgent matter as the owner is preparing to begin construction and ambiguity in the zoning by-law may introduce delay in obtaining building permits.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council amend By-law 976-2022 by replacing Schedule B attached to the By-law with the revised Schedule B attached to this Member Motion MM3.7. 2. City Council amend By-law 977-2022 by replacing Diagram 3 attached to the By-law with the revised Diagram 3 attached to this Member Motion MM3.7. 3. City Council direct the City Solicitor to bring forward to City Council's meeting on December 14, 2022 for enactment by City Council, By-laws to make the changes noted in Parts 1 and 2 above to By-laws 976-2022 and 977-2022. 4. City Council determine through the adoption of this recommendation that, pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-laws 976-2022 and 977-2022.
Staff recommendation as filed
Councillor Stephen Holyday, seconded by Councillor Amber Morley, recommends that: 1. City Council amend By-law 976-2022 by replacing Schedule B attached to the by-law with the revised Schedule B attached to this motion. 2. City Council amend By-law 977-2022 by replacing Diagram 3 attached to the by-law with the revised Diagram 3 attached to this motion. 3. City Council direct the City Solicitor to bring forward to City Council's meeting on February 7, 2023 for enactment by Council, by-laws to make the changes noted in Recommendations 1 and 2 to By-laws 976-2022 and 977-2022. 4. City Council determine through the adoption of this recommendation that, pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-laws 976-2022 and 977-2022.
RM3.7amended
City Council will review the Order Paper.
February 7, 2023: City Council adopted the February 7, 2023 Order Paper, as amended, and all other Items not held on consent. February 8, 2023: City Council adopted the February 8, 2023 Order Paper.
CC3.8adopted
The applicant appealed its Zoning By-law amendment application and Official Plan amendment application to the Ontario Land Tribunal (the "Tribunal") on April 7, 2022. The City Solicitor reported to the July 19-22, 2022 Council meeting to request instructions regarding the appeal. Council directed the City Solicitor to oppose the appeal. The Tribunal held its first case management conference in this matter on July 19, 2022 and issued a Procedural Order on October 17, 2022. A hearing is scheduled to commence on May 23, 2023. On January 20, 2023, the applicant provided the City with a revised application package, attached to this report as Public Attachment 1, and as detailed below, on a "with prejudice" basis. Further direction from City Council is required on this matter.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26. 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 (January 26. 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 (January 26. 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 to the report (January 26, 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. Confidential Attachment 1 to the report (January 26, 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 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 at the discretion of the City Solicitor as it contains advice which is subject to solicitor-client privilege.
MM3.8referred
In March 2021, a private member's bill was introduced in the Legislative Assembly to address harassment involving Elected Officials. As of August 10, 2022 Bill 5, Stopping Harassment and Abuse by Local Leaders Act is at First Reading: https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-5. This bill amends the Municipal Act, 2001 and the City of Toronto Act, 2006 requiring the code of conduct for municipal councillors and members of local boards to include a requirement for those councillors and members to comply with workplace violence and harassment policies. The amendments also permit municipalities and local boards to direct the Integrity Commissioner to apply to the court to vacate a member's seat if the Commissioner's inquiry determines that the member has contravened the code of conduct by failing to comply with the workplace violence or harassment policies. All claims would need to be substantiated before remedial actions are taken. Further, City of Toronto Integrity Commissioner Jonathan Batty in his last annual report to Council included a special section on legislative reform that examined this precise question on pages 8 to 12: https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-223486.pdf. In there, Integrity Commissioner Batty identifies seven (7) considerations that should be addressed in designing the necessary legislative solution to this problem. There is a growing number of municipalities that have already officially endorsed this bill such as the City of Woodstock, County of Simcoe, and City of Ottawa.
City Council on February 7 and 8, 2023, referred Motion MM3.8 to the Integrity Commissioner for a report back to Council.
Staff recommendation as filed
Councillor Gary Crawford, seconded by Deputy Mayor Jennifer McKelvie, recommends that: 1. City Council express its support for Bill 5, Stopping Harassment and Abuse by Local Leaders Act. 2. City Council forward this item to Premier Doug Ford, the Minister of Municipal Affairs and Housing, Toronto Members of Provincial Parliament, Member of Provincial Parliament for Orléans, Stephen Blais, and the Association of Municipalities of Ontario for information.
CC3.9adopted
156-160 John Street - Zoning By-law Amendment Application - Request for Direction
On September 17, 2018, a Zoning By-law Amendment application was submitted for a six-storey addition to an existing five-storey non-residential building at the properties known as 156-160 John Street (the "Site"). On April 11, 2022, the Applicant appealed the application to the Ontario Land Tribunal due to Council not making a decision within the 90-day time frame in the Planning Act. On January 25, 2023, the Applicant submitted a With Prejudice settlement offer to the City, (the "Settlement Proposal") set out in Public Appendices "A" and "B" to this Report. The purpose of this report is to request further instructions for the future Ontario Land Tribunal hearing that is not yet scheduled.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 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 (January 26, 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 (January 26, 2023) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (January 26, 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 confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 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. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, 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 is to remain confidential, as it contains advice which is subject to solicitor-client privilege.
MM3.9adopted
In May 2015, Powerhouse Corporation (Powerhouse) submitted an application to the Alcohol and Gaming Commission of Ontario for a new liquor licence at 11 Polson Street, while continuing to operate under an existing liquor licence for the property issued to a company called Maya Corporation (Maya). The City, the Toronto Island Noise Committee and the York Quay Residents' Association objected to the Powerhouse application, and following a 17 day hearing at the Licence Appeal Tribunal throughout 2017, a new liquor licence was approved by the Licence Appeal Tribunal that contained 9 conditions attached to it. One condition prohibits any amplified sound on, or directed to the outdoor licenced area, at any time. Powerhouse appealed the decision to the Divisional Court in order to have the outdoor noise condition removed from the licence. The appeal was denied and affirmed by the Court of the Appeal. The Powerhouse liquor licence was never issued by the Alcohol and Gaming Commission of Ontario as Powerhouse has continued to operate the Rebel Nightclub and the Cabana Pool Bar at 11 Polson Street under the Maya liquor licence that permits amplified outdoor sound between 11:00 am and 11:00 pm. Residents of the Toronto Islands and Ward 14 continue to be disturbed by noise from outdoor events at the Cabana Pool Bar. The Alcohol and Gaming Commission of Ontario recently issued a Notice of Proposal to add the 9 conditions imposed on the Powerhouse liquor licence to the Maya licence, and to review the current conditions attached to this licence. On May 24, 2022, Maya appealed the Notice of Proposal to the Licence Appeal Tribunal. At its meeting on July 19, 20, 21 and 22, 2022, City Council adopted the Recommendations in Item MM47.4 directing the City Solicitor to bring forward a Motion to the Licence Appeal Tribunal to obtain party status in the appeal of the Alcohol and Gaming Commission of Ontario Notice of Proposal to add new conditions to the Maya liquor licence. The City was granted party status and an 18 day hearing has been scheduled commencing on September 20, 2023. On October 11, 2022 Maya submitted an application to the Licence Appeal Tribunal to remove or amend several conditions attached to their liquor licence. A Case Conference was held at the Licence Appeal Tribunal on November 15, 2022 and the Licence Appeal Tribunal directed the Alcohol and Gaming Commission of Ontario to issue an Notice of Proposal to refuse this application. At the Case Conference the City and Toronto Island Noise Committee were granted party status on this matter. The Alcohol and Gaming Commission of Ontario issued the Notice of Proposal to refuse the application to remove conditions on December 15, 2022, and the Notice of Proposal was appealed to the Licence Appeal Tribunal by Maya on December 28, 2028. It is expected that the appeal of the removal of conditions Notice of Proposal will be heard at the same time as the appeal of the Alcohol and Gaming Commission of Ontario's Notice of Proposal to add conditions to the liquor licence. A further Case Conference was scheduled at the Licence Appeal Tribunal on January 26, 2023, but it was canceled. Another date for a Case Conference will be scheduled over the next few weeks. Without the direction from Council to retroactively confirm its direction to the City Solicitor to obtain party status and object to the appeal of the Notice of Proposal to remove conditions from the licence, the City would have to withdraw its party status to this appeal. Urgent consideration is being requested as if Council does not direct the City solicitor to retain its party status the City must withdraw from the appeal the Notice of Proposal to remove conditions at its earliest opportunity.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council direct the City Solicitor to retain party status in the appeal of the Alcohol and Gaming Commission of Ontario Notice of Proposal to refuse the application to remove or amend conditions attached to the liquor licence of Maya Corp, for the premises at 11 Polson Street. 2. City Council direct the City Solicitor to support the Notice of Proposal to refuse the application to remove or amend the conditions attached to the licence and direct the City Solicitor to determine which conditions currently attached to the licence can be amended or removed, in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council direct the City Solicitor to retain party status in the appeal of the Alcohol and Gaming Commission of Ontario Notice of Proposal to refuse the application to remove or amend conditions attached to the liquor licence of Maya Corp, for the premises at 11 Polson Street. 2. City Council direct the City Solicitor to support the Notice of Proposal to refuse the application to remove or amend the conditions attached to the licence and direct the City Solicitor to determine which conditions currently attached to the licence can be amended or removed, in consultation with the Ward Councillor.
CC3.10adopted
BJL HP Corp. (the "Applicant") is the owner of the properties municipally known as 2-6 Howard Park Avenue (the "Subject Property"). On April 21, 2021, the Applicant applied for Official Plan and Zoning By-law Amendments in order to facilitate a proposed redevelopment of the Subject Property (the "Applications"). The Applications proposed an 11-storey mixed use building with 128 residential units and 377 square metres of commercial retail space at grade. The proposed overall height of the building is 39.95 metres, inclusive of the mechanical penthouse, and the proposed floor space index is 7.93 times the area of the lot. The Application would require the demolition of the 1-storey Master Mechanic automobile service and repair shop. The Applicant appealed the Application to the Ontario Land Tribunal on November 5, 2021 due to City Council's failure to make a decision. A nine day hearing of this appeal is scheduled to be heard by the Ontario Land Tribunal commencing on March 27, 2023. The City Solicitor is bringing this report for the purpose of requesting instructions for the upcoming Ontario Land Tribunal hearing.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor. 2. City Council authorize the public release of the the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 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 and that Confidential Attachments 2 and 3 to the report (January 26, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer dated January 25, 2023 in Confidential Attachment 2 to the report (January 26, 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 proposed development set out in the Settlement Offer in Confidential Attachment 2 to the report (January 26, 2023) from the City Solicitor, and as shown on the revised plans in Confidential Attachment 3 to the report (January 26, 2023) from the City Solicitor. 3. City Council authorize the City Solicitor and any appropriate City Staff to take such actions as necessary to give effect to City Council's decision. The balance of Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (January 26, 2023) from the City Solicitor remains 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 Attachments 2 and 3 to the report (January 26, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor. March 10, 2023 Confidential Attachments 2 and 3 to the report (January 26, 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).
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. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege and that Confidential Attachments 2 and 3 remain confidential at the discretion of the City Solicitor.
MM3.10adopted
I am recommending that City Council, together with the Provincial and Federal governments, reappoint Stephen Diamond as a Director and Chair of Waterfront Toronto for a three month period, commencing on March 21, 2023 until June 30, 2023. Stephen Diamond has served as the Chair of the Board for the past four years. I understand that our government partners are moving forward in parallel to confirm the extension to Stephen Diamond's term, provided that City Council also agrees. An extension would provide continuity and continued leadership as the Board searches for and transitions to a new Chair. Under the Toronto Waterfront Revitalization Corporation Act, the Board of Directors of Waterfront Toronto is composed of up to 13 members. Each government appoints up to four members (12 total) and then may jointly appoint one member, who serves as the Chair. https://www.ontario.ca/laws/statute/02t28 The City's other board members include Councillor Ausma Malik whose term extends into November 2025, and three public members - Wendy Cartwright, Laurie Payne and Jack Winberg, whose terms all extend into June 2025. https://secure.toronto.ca/pa/decisionBody/22.do
City Council on February 7 and 8, 2023, adopted the following: 1. City Council reappoint Stephen Diamond as Director and Chair of Waterfront Toronto for a three month term commencing on March 21, 2023 until June 30, 2023.
Staff recommendation as filed
Mayor John Tory, seconded by Councillor Ausma Malik, recommends that: 1. City Council reappoint Stephen Diamond as Director and Chair of Waterfront Toronto for a three month term commencing on March 21, 2023 until June 30, 2023.
CC3.11adopted
On December 18, 2013, City Council adopted Official Plan Amendment 231, following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding employment lands. Official Plan Amendment 231 recommended retaining the lands at 51 Manstor Road (the "Lands") as Employment Areas and re-designating them as Core Employment Areas. 2130254 Ontario Inc. (the "Appellant") appealed Official Plan Amendment 231 on July 29, 2014, as Appeal No. 27. The City Solicitor requires further directions for an upcoming Ontario Land Tribunal hearing scheduled for April 2023.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and all of Confidential Attachment 2 to the report (January 26, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the offer to settle site-specific appeal to Appeal Number 27 [PL140860] (with respect to 51 Manstor Road) to Official Plan Amendment 231 dated January 23 2023, set out in Confidential Attachment 2 to the report (January 26, 2023) from the City Solicitor, and City Council direct the City Solicitor and other staff to attend at the Ontario Land Tribunal in support of the proposed settlement, subject to Part 4 below. 2. City Council authorize the City Solicitor to request that the Ontario Land Tribunal modify and partially approve Official Plan Amendment 231, substantially in accordance with Confidential Attachment 2 to the report (January 26, 2023) from the City, subject to Part 4 below. 3. City Council authorize the City Solicitor to request that Appeal Number 27 of Official Plan Amendment 231 be allowed in part, on the basis of the requested modifications to and partial approval of Official Plan Amendment 231, subject to Part 4 below. 4. City Council authorize the City Solicitor to take the necessary action to avoid inconsistent decisions by the Ontario Land Tribunal in respect of Appeal 27 of Official Plan Amendment 231, and any decision by the Minister of Municipal Affairs and Housing on the Appellant's employment area conversion request number 63, including, if necessary, requesting that the Ontario Land Tribunal adjourn the hearing of Appeal Number 27. 5. City Council authorize the City Solicitor to take the necessary action to give effect to City Council's decision. Confidential Attachment 2 to the report (January 26, 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 (January 26, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 26, 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 the report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and all of Confidential Attachment 2 to the report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information which is subject to solicitor-client privilege.
MM3.11adopted
In November 2022, Members of Provincial Parliament moved to amend the Residential Tenancies Act, 2006, as well as the Condominium Act, 1998, to ensure that tenants and residents are protected by their landlord and provided with power in emergency situations. This Bill will ensure that landlords and condo corporations are responsible for providing emergency protections for their residents. This would ensure that residents with mobility issues would have access to elevators, that hallway lights would remain on, and that residents are able to access clean water. In supporting this Bill, Toronto City Council reaffirms our commitment to protecting and supporting tenants and residents across the city by ensuring that their homes can remain livable, accessible, safe, and comfortable during both short and long-term emergency situations. Supporting these protections gives the City more time to prepare for prolonged emergency response situations where residents may need to be relocated.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council express its support for Bill 47, Protecting Human Rights in an Emergency Act (Emergency Power Generators), 2022. 2. City Council forward this item to Members of Provincial Parliament Bhutila Karpoche, Kristyn Wong-Tam, Jessica Bell, and Chandra Pasma, as well as leaders of each of the Provincial political parties, for information.
Staff recommendation as filed
Councillor Chris Moise, seconded by Councillor Ausma Malik, recommends that: 1. City Council express its support for Bill 47, Protecting Human Rights in an Emergency Act (Emergency Power Generators), 2022. 2. City Council forward this item to Members of Provincial Parliament Bhutila Karpoche, Kristyn Wong-Tam, Jessica Bell, and Chandra Pasma, as well as leaders of each of the Provincial political parties, for information.
CC3.12adopted
On December 18, 2013, City Council adopted Official Plan Amendment 231 which recommended retaining the lands municipally known as 701-703 Evans Avenue (the "Lands") as Employment Areas and re-designating them as Core Employment Areas. Amexon Realty Inc. (the "Appellant"), the owner of the Lands, appealed Official Plan Amendment 231 on July 28, 2014, as Appeal 57. The Appellant also appealed Official Plan Amendment 469, known as the Sherway Area Secondary Plan, following its adoption by Council on October 30, 2019. Official Plan Amendment 469 designates the Lands as Core Employment Areas and includes them in the Queen Elizabeth Way Office Precinct, subject to certain plan-wide and area-specific policies. The City Solicitor requires further directions for upcoming Ontario Land Tribunal hearings scheduled for April 2023 and November 2023.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 27, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and all of Confidential Attachment 2 to the report (January 27, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 27, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 27, 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 site-specific appeal to Appeal Number 57 (with respect to 701-703 Evans Avenue) to Official Plan Amendment 231 and Official Plan Amendment 469 dated January 25, 2023 set out in Confidential Attachment 2 to the report (January 27, 2023) from the City Solicitor, and direct the City Solicitor and other staff to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council authorize the City Solicitor to request that the Ontario Land Tribunal modify and partially approve Official Plan Amendment 231 and Official Plan Amendment 469, substantially in accordance with Confidential Attachment 2 to the report (January 27, 2023) from the City Solicitor. 3. City Council authorize the City Solicitor to request that Appeal Number 57 of Official Plan Amendment 231 and Appeal Number 1 of Official Plan Amendment 469 be allowed in part, on the basis of the requested modifications to and partial approval of Official Plan Amendment 231 and Official Plan Amendment 469. 4. City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision. Confidential Attachment 2 to the report (January 27, 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 (January 27, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 27, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and all of Confidential Attachment 2 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 and information which is subject to solicitor-client privilege.
MM3.12adopted
Given the passing of celebrated Ontario municipal leader Hazel McCallion, who built Mississauga as Mayor for 36 years from 1978 to 2014, I am asking Council to support this motion to move the Special Council Meeting concerning the Budget by one day, to February 15, 2023. On February 14, 2023 a state funeral will be held on the date of what would have been Hazel McCallion's 102 birthday. All flags across the province, including City Hall, will be lowered to half-mast and hundreds of mourners will gather in Mississauga to honour Hazel McCallion. Hazel served the people of Mississauga with strength and incredible energy, and served as a mentor for many leaders in the province including on Toronto City Council. Her commitment to local government and to standing up for Mississauga and the Greater Toronto Area, was absolute. As Mississauga's longest-serving Mayor she didn't hesitate to get things done for her city, working closely with all municipalities nearby to deliver for Ontarians. Out of respect for her tremendous accomplishments and lifetime of service to Ontario I hope that Council will agree with this motion moving our meeting. I would look forward sincerely to a debate with Council on February 15, 2023. This matter is urgent because a timely rescheduling of the next Council meeting is required for Council members to attend the state funeral for former Mississauga Mayor Hazel McCallion.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council reschedule City Council's special meeting for the consideration of the Mayor's proposed budget from February 14 to February 15, 2023. 2. City Council amend its shortening of the 30-day period in which City Council may pass a resolution making an amendment to the Mayor's proposed budget, for the conclusion of this period to coincide with the completion of the rescheduled special City Council meeting on February 15, 2023.
Staff recommendation as filed
Mayor Tory, seconded by Councillor Nunziata, recommends that: 1. City Council reschedule City Council's special meeting for the consideration of the Mayor's proposed budget from February 14 to February 15, 2023. 2. City Council amend its shortening of the 30-day period in which City Council may pass a resolution making an amendment to the Mayor's proposed budget, for the conclusion of this period to coincide with the completion of the rescheduled special City Council meeting on February 15, 2023.
CC3.13amended
On November 19, 2020, a Zoning By-law Amendment application was submitted to the City for the lands at 471 - 479 Queen Street East. The application was to permit a 15-storey (54.8 metres tall including mechanical penthouse) mixed-use building with ground floor retail uses and 143 residential dwelling units. The application was appealed to the Ontario Land Tribunal on November 5, 2021 for City Council's failure to make a decision on the application within the prescribed timelines in the Planning Act. Case Management Conferences were held at the Ontario Land Tribunal on February 4, 2022 and May 9, 2022 and a 10-day hearing has been scheduled to commence on March 13, 2023. A With Prejudice Offer to Settle for a revised development proposal was provided to the City on January 23, 2023 and the City Solicitor seeks direction on the settlement offer no later than the completion of the City Council meeting which starts on February 7, 2023.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 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 (January 26, 2023) from the City Solicitor, with the balance of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege. 3. City Council adopt the recommendation in the Confidential Attachment 1 to the motion by Councillor Chris Moise. 4. City Council authorize the public release of the Confidential Attachment 1 to the motion by Councillor Chris Moise. The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Moise, were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer dated January 23, 2023 and direct the City Solicitor and staff to attend at the Ontario Land Tribunal in support of the revised development proposal. 2. 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 that: a. the Ontario Land Tribunal has been advised by the City Solicitor that the proposed zoning by-law amendment is in a form satisfactory to the City; b. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction; c. the owner has provided an addendum to the Transportation Impact Study from the BA Group, dated November, 2020, to reflect the elimination of the access for servicing vehicles from Queen Street East, to the satisfaction of the General Manager, Transportation Services; d. the owner has made satisfactory arrangements for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, and the accepted Transportation Impact Study accepted by the General Manager, Transportation Services; and e. the owner withdraw its appeal of Official Plan Amendment 525, being the King-Parliament Secondary Plan, and the associated Zoning By-law 393-2021, as they relate to the subject lands. 3. City Council direct the Director, Traffic Management, Transportation Services, upon application for any site plan approval, to work with the Applicant to establish a construction management working group that meets monthly, and invites local stakeholders, including Municipal Licensing and Standards, adjacent neighbours, local resident groups, local Business Improvement Areas and local school administration, Toronto Building and other City Divisions as requested. The balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege. Confidential Attachment 1 to the motion by Councillor Chris Moise is now public and can be accessed under Background Information (City Council).
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendations are adopted by City Council, then City Council authorize the public release of the recommendations contained in Confidential Attachment 1 with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege.
MM3.13adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 1165 Bloor Street West operating under the name Island Oysters (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 Motion is considered urgent as the deadline for objections is February 5, 2023.
City Council on February 7 and 8, 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 Island Oysters, 1165 Bloor Street West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence, and that the Registrar should issue a Proposal to Review the liquor licence application. 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Alejandra Bravo, seconded by Councillor Gord Perks, 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 Island Oysters, 1165 Bloor Street West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence, and that the Registrar should issue a Proposal to Review the liquor licence application. 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
CC3.14adopted
The purpose of this report is to request further instructions for a hearing scheduled to commence on April 03, 2023 before the Ontario Land Tribunal. On January 16, 2023, the City Solicitor received a With Prejudice Settlement Offer from the Applicant's solicitors, Devine Park LLP (the "With Prejudice Settlement Offer" or "Settlement Offer"). The With Prejudice Settlement Offer proposes to settle the Ontario Land Tribunal Appeal of the Applicant's rezoning application on the basis of revised plans prepared by Richmond Architects Ltd., dated December 23, 2022, inclusive (the "Revised Plans"). This package constitutes the Applicant's revised proposal (the "Revised Proposal"). Raglan Development Corp. (the "Applicant" or "Owner") has applied for a Zoning By-law Amendment (the "Application") for the property municipally known as 5 - 15 Raglan Avenue (the "Site" or "Subject Site"). On November 1, 2021, the Applicant submitted an Application to amend Zoning By-laws 1-83 and 569-2013 for the Site in order to permit a 24-storey (78.7 metres including mechanical penthouse) residential building consisting of 170 dwelling units, with a step-back at the fifth floor to create an four-storey streetwall along Raglan Avenue, and a density of 10.2 times the area of the lot (the "Original Proposal"). At the same time, the Applicant submitted a Site Plan Control application to the City for approval (the "Site Plan Application"). A Rental Housing Demolition application was also submitted to permit the demolition of 3 rental dwelling units on the Site (the "Rental Housing Demolition Application"). On May 4, 2022 the Applicant appealed the Application to the Ontario Land Tribunal for non-decision by City Council within the timeframe prescribed under the Planning Act (the "Appeal"). The Applicant also appealed the Site Plan Control Application to the Ontario Land Tribunal as a result of the City's failure to approve the site plan drawings and plans within the timeframe prescribed under the City of Toronto Act. The City Solicitor requires further instructions at the upcoming City Council meeting on February 7, 2023 due to upcoming disclosure deadlines regarding the hearing for this Appeal. DESCRIPTION OF THE REVISED PROPOSAL Land Use The site is designated Apartment Neighbourhoods as shown on Map 17 of the Official Plan. The site is subject to Site and Area Specific Policy 38 which applies to lands along Raglan Avenue, south of Claxton Boulevard and north of St. Clair Avenue West. This policy states that land assembly will be required to allow for the development of more intensive buildings. Former City of York Zoning By-law 1-83 applies to 11 Raglan Avenue only. The property is zoned Residential Multiple RM2 with a height limit of 24 metres or 8-storeys. This zoning regulation permits residential uses in a wide range of residential building types including an apartment building. Other permitted uses include home occupation uses, and a retail store with certain limitations. City of Toronto Zoning By-law 569-2013 applies to the remainder of the site. A portion of the site (5-7 Raglan Avenue) is zoned Residential R(d0.6) with a height limit of 12 metres and the other portion (9,13 and 15 Raglan Avenue) is zoned RA (x 777) which provides a height limit of 24 metres or 8-storeys. Both zoning classifications permit residential uses in a wide range of residential building types including an apartment building. Other permitted uses include home occupation uses, and a retail store with certain limitations. The site is also situated within the St. Clair Avenue West and Bathurst Street Planning Framework area (the "Planning Framework"), which is a Council-adopted document that is intended to guide future development through a series of planning principles. The Planning Framework places this site within the Raglan Transition Zone and identifies built form principles and special public realm features. The Revised Proposal includes, among other things described in detail below, a mixed-use building consisting of a revised overall height of 28 storeys (95.2 metres tall) which is increased from 24 storeys (78.7 metres tall) in order to provide for greater setbacks and stepbacks; increased tower setbacks to the south and the west lot lines; increased tower step-backs; increased setbacks at the ground level along Raglan Avenue; restriction of projecting balconies on the tower; inclusion of residential units at ground level with expanded home occupation permissions (live/work units); a new retail unit at grade; increased outdoor and indoor amenity space; and four new street trees. The Floor Space Index has remained relatively unchanged with a minor increase from 10.19 times the lot area to 10.71 times the lot area. The following table provides a summary of the development statistics for the original proposal of October 28, 2020, and the Revised Plans, dated, December 23, 2022. Category Original Proposal October 28, 2020 Revised Plans December 23, 2022 Building Height (storeys) 24 28 Building Height (metres) (including mechanical penthouse) 78.7 95.2 Gross Floor Area (square metres) Residential: 14,667 Non-residential: 0.00 Total: 14,667 Residential: 15,391.2 Non-residential: 16 Total: 15,407.2 Floor Space Index 10.19 times the lot area 10.71 times the lot area Dwelling Units 1-Bedroom: 41 (24 percent) 2-Bedroom: 106 (62 percent) 3-Bedroom: 23 (14 percent) Total: 170 1-Bedroom: 135 (64.3 percent) 2-Bedroom: 47 (22.4 percent) 3-Bedroom: 26 (12.4 percent) Live/Work Units: 2 (0.9 percent) Total: 210 Amenity Space (square metres) Indoor: 345.6 Outdoor: 437.8 Total: 783.4 Indoor: 459 Outdoor: 511 Total: 970 Vehicle Parking Residential: 70 Non-res./Visitor: 7 Car Share:1 Total: 78 Ratio: 0.39/unit Residential: 66 Visitor: 12 Car Share: 1 Total: 78 Ratio: 0.31/unit Bicycle Parking Long-term: 153 Short-term: 18 Total: 171 Long-term: 220 Short-term: 18 Total: 238 Loading 1 Type 'G' 1 Type 'G' Additional components of the Revised Proposal consist of the following: the Applicant will be paying the community benefits charge of 4 percent (of the land value the day before the day the first building permit is issued) pursuant to Section 37 of the Planning Act; a cash-in-lieu payment pursuant to the City's parkland dedication by-law, as amended; and the Applicant will continue to work with City staff to finalize the site plan application. A copy of the With Prejudice Settlement Offer letter can be found in Appendix 1 to this Solicitor's Report. A copy of the Revised Plans can be found in Appendix 2 to this Solicitor's Report. The Revised Proposal is described in further detail in the "Staff Comments" section of this Solicitor's Report.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 24, 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 (January 24, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 24, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 24, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the With Prejudice Settlement Offer dated January 16, 2023 for the lands municipally known as 5-15 Raglan Avenue in Appendix 1 to the report (January 24, 2023) from the City Solicitor, and as generally shown on the Revised Plans by Richmond Architects Ltd., dated December 23, 2022, inclusive, in Appendix 2 to the report (January 24, 2023) from the City Solicitor, subject to Parts 2, 3, 4 and 5 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 With Prejudice Settlement Offer dated January 16, 2023 for the lands municipally known as 5-15 Raglan Avenue in Appendix 1 to the report (January 24, 2023) from the City Solicitor, and as generally shown on the Revised Plans by Richmond Architects Ltd., dated December 23, 2022, inclusive, in Appendix 2 to the report (January 24, 2023) from the City Solicitor. 3. City Council defer making a decision at this time on Rental Housing Demolition Application 21 234166 STE 12 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the three (3) existing rental dwelling units at 5-15 Raglan Avenue, and instruct staff to report on the Rental Housing Demolition application to the Toronto and East York Community Council at such time as an Ontario Land Tribunal decision has been issued regarding the Zoning By-law Amendment appeals for the lands at 5-15 Raglan Avenue. 4. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal 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 has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review including the planting of four (4) new street trees in the Raglan Avenue road allowance, or three (3) street trees in the Raglan Avenue road allowance and two (2) additional private trees on the Site, as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; d. the Applicant has provided an updated Pedestrian Level Wind Study dated January 11, 2023 from Gradient Wind Engineering Inc., to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and e. City Council has approved the Rental Housing Demolition Application 21 234166 STE 12 RH 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 three (3) existing rental dwelling units on the site. 5. City Council authorize the City Solicitor to take all necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (January 24, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 24, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. If the City Solicitor's confidential recommendations are adopted by City Council, City Council authorize the public release of the confidential instructions contained in Confidential Attachment 1 to this report from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to this report from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.
MM3.14adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 970 College St. operating under the name Lardo (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 Motion is considered urgent as the deadline for objections is February 12, 2023.
City Council on February 7 and 8, 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 Lardo, 970 College Street (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence, and that the Registrar should issue a Proposal to Review the liquor licence application. 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Alejandra Bravo, seconded by Councillor Gord Perks, 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 Lardo, 970 College Street (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.
CC3.15adopted
On December 18, 2020, the City received a Zoning By-law Amendment application for 10 Ruddington Drive (the "Site") to permit the construction of a 14-storey rental apartment building with 182 residential units fronting onto Bayview Avenue, and a 10-storey condominium apartment building with 127 residential units fronting onto Ruddington Drive. The existing 13-storey rental apartment building with 155 residential units on the Site would be retained. The total proposed gross floor area of the existing and proposed buildings was 41,480 square metres, with a density of 2.88 Floor Space Index. The proposal included 227 new vehicular parking spaces and an on-site parkland dedication. 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 December 23, 2021. The OLT held the first Case Management Conference on July 11, 2022. A second Case Management Conference has been scheduled for March 6, 2023.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 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 (January 26, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 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 (January 26, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the With Prejudice settlement offer as described in Public Attachment 1 (the "Settlement Offer") to the report (January 26, 2023) from the City Solicitor and subject to the Parts below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal case management conference on this matter in support of the Settlement Offer for 10 Ruddington Drive (the "Site"). 3. City Council accept, should the Ontario Land Tribunal approve the proposed Zoning by-law Amendment, an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 741.2 square metres, in the general location identified on the Site Plan in Public Attachment 1 to the Report from the City Solicitor, satisfying the Owner's Parkland dedication requirement under Section 42 of the Planning Act, 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; the on-site parkland dedication to be transferred to the City shall be in an acceptable environmental condition, all to the satisfaction of the General Manager, Parks, Forestry and Recreation. 4. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, 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 proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. the owner has submitted a revised Functional Servicing Report, including a Stormwater Management Report, Hydrogeological Report, and Geotechnical Plan, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has entered into an agreement or agreements or otherwise secured the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and Geotechnical Plan, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner has submitted a revised Transportation Impact Study and Transportation Demand Management Study to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning; e. the owner has submitted a Computational Fluid Dynamics Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, with any mitigation measures, if required, to be secured and satisfied through the site plan approval process to the satisfaction of the Chief Planner and Executive Director, City Planning; f. the owner has submitted a revised Electromagnetic Field Study and Electromagnetic Field Management Plan in accordance with the letter from Toronto Public Health dated November 29, 2022, to the satisfaction of the Chief Medical Officer, with any mitigation measures, if required, to be satisfied through the site plan approval process; g. the owner has submitted a revised Arborist's Report, Tree Preservation Plan and Soil Volume Plan to the satisfaction of the General Manager, Parks, Recreation and Forestry; h. the owner has registered or authorized the City to register a Section 118 Restriction on title to the Parkland and the townhouse block, to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the City Solicitor, with the conveyance of the parkland to be secured through the site plan process to take place prior to the issuance of the first above-grade building permit for the townhouse block, and subject to the Owner retaining a right to occupy the parkland for staging during construction of the townhouses, with the final build-out of the parkland to base park standards to be completed prior to the earlier of: (i) three (3) years after the conveyance of the parkland, and (ii) condo registration; and i. the owner has conducted a Tenant Rental Improvement Survey in collaboration with City Housing Staff, indicating which improvements will happen to the existing building on the Site and on what timeline, to the satisfaction of the Chief Planner and Executive Director, City Planning. 5. City Council authorize and direct the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. The balance of Confidential Attachment 1 to the report (January 26, 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 (January 26, 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 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.
MM3.15adopted
In April, 2022, the Owner of 400 Euclid Avenue applied to the Committee of Adjustment for a variance application to legalize and maintain the existing two-storey semi-detached house which was converted into a total of twenty-two (22) units that were constructed without the benefit of a building permit, and to maintain the reconstructed front basement walkout. City staff originally believed that the twenty-one (21) of the twenty-two (22) units were dwelling rooms in a rooming house but have since confirmed by way of a site visit that the property currently consists of twenty-two (22) self-contained rental dwelling units that are not dwelling rooms. Through discussions with tenants, City staff were also informed that the property provides affordable housing to low-income individuals, hospitality workers, artists, seniors, and newcomers. City staff also observed that the property is in good condition and was recently renovated. City Planning staff wrote a report to the Committee of Adjustment dated August 12, 2022 acknowledging that multi-tenant houses serve as an important part of the affordable rental housing market and provide single-room accommodation to diverse communities within the City, and recommending a number of a conditions of approval should the Committee authorize the variance application. On August 17, 2022, the Committee of Adjustment refused the variance application after which the Owner appealed to the Toronto Local Appeal Body. During the week of November 28, 2022, the Owner served summonses on City staff to compel them to give evidence at the Toronto Local Appeal Body hearing. Further, on November 29, 2022, City staff conducted a site visit of the property and confirmed that the property contained twenty-two (22) self-contained dwelling units. On December 19, 2022, as City staff were summonsed, the City Solicitor attended the Toronto Local Appeal Body Hearing Pre-Conference Hearing in an observation role. The City understands that the applicant will remove the cooktop facilities from all units, except the dwelling unit at the rear of the property. Those units would then become dwelling rooms, not dwelling units, as defined under City-wide Zoning By-law 569-2013. Through further discussions with the applicant, it is City staff's understanding that the applicant proposes to establish a shared food preparation facility in an unoccupied unit in the building for access by the tenants of the dwelling rooms. The overall number of dwelling rooms to be legalized would be nineteen (19), not including the rooms in the dwelling unit. Matters related to other applicable law requirements such as those specified under the Building Code will be addressed through the building permit process, and the onus would be on the applicant to ensure that the plans submitted comply with applicable law. Staff's priority is to minimize displacement of tenants of the existing building which currently provides affordable housing. In the circumstances, it is advisable that the City seek party status in the Toronto Local Appeal Body proceedings. The City Solicitor requires instructions to do so. The hearing in this matter scheduled for April 18, 20 and 21, 2023 which is to be a hearing on the merits of the variance application. This Motion is urgent because the Toronto Local Appeal Body requires that the City seek party status, if at all, as soon as possible.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council authorize the City Solicitor to seek party status at the Toronto Local Appeal Body hearing, and if successful, to attend at the Toronto Local Appeal Body hearing with appropriate City staff to oppose the Committee of Adjustment's decision to refuse the variances requested in Application A0459/22TEY. 2. City Council authorize the City Solicitor to request that the Toronto Local Appeal Body authorize the requested variances be subject to any such conditions as may be deemed appropriate in the opinion of the City Solicitor, in consultation with Chief Planner and Executive Director, City Planning and any other relevant City divisions, to ensure minimal disruption to the existing tenants on the site.
Staff recommendation as filed
Councillor Dianne Saxe, seconded by Councillor Brad Bradford, recommends that: 1. City Council authorize the City Solicitor to seek party status at the Toronto Local Appeal Body hearing, and if successful, to attend at the Toronto Local Appeal Body hearing with appropriate City staff to oppose the Committee of Adjustment's decision to refuse the variances requested in Application A0459/22TEY. 2. City Council authorize the City Solicitor to request that the Toronto Local Appeal Body authorize the requested variances be subject to any such conditions as may be deemed appropriate in the opinion of the City Solicitor, in consultation with Chief Planner and Executive Director, City Planning and any other relevant City divisions, to ensure minimal disruption to the existing tenants on the site.
CC3.16adopted
The law firm of Hicks Morley Hamilton Stewart Storie LLP ("Hicks LLP") was retained in 2017 by the City, through a retainer agreement, to provide legal services in respect of application of two former employees regarding the City's Non-Union Pay Equity Plan. The services provided by Hicks LLP deal with all aspects of the matter identified above, including providing legal advice to the City, preparing for and attending meetings, mediations and hearings on behalf of the City in regard to the application. Initially, the retainer was subject to the fee cap of twenty-five thousand ($25,000.00) dollars which served as the upset limit. By retainer amendment dated November 22, 2019, the upset limit was changed from $25,000.00 to $85,000.00. An increase of the upset limit by $30,000, to a total of $115,000.00, should be sufficient to complete the outstanding matters. The initial amount of the retainer was for preliminary work prior to litigation being commenced, with other amounts being added as the matter moved through the various stages of the litigation process. Due to the retainer exceeding 5 years, Council authority is required for the extension pursuant to Chapter 195, Purchasing, of the City's Municipal Code.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council authorize the extension of the City's retainer with Hicks Morley Hamilton Stewart Storie LLP (Purchase Order number 6046014) for legal services in respect of the application of two former employees regarding the City's Non-Union Pay Equity Plan, until the services under the retainer agreement, as they may be amended, are completed, and amend the extended retainer to increase the maximum amount to $115,000.00 from $85,000.
Staff recommendation as filed
The City Solicitor and the Chief People Officer recommend that: 1. City Council authorize the extension of the City's retainer with Hicks Morley Hamilton Stewart Storie LLP (Purchase Order number 6046014) for legal services in respect of the application of two former employees regarding the City's Non-Union Pay Equity Plan, until the services under the retainer agreement, as they may be amended, are completed, and amend the extended retainer to increase the maximum amount to $115,000.00 from $85,000.
MM3.16withdrawn
This Motion seeks to contribute $150,000 of Section 45 funds, to assist Winona/McMurrich Senior and Junior Public School with the construction of a new playground and schoolyard. The Winona/McMurrich Senior and Junior Public School playground and schoolyard are well used by the school as well as the broader community. This funding will assist with a project that will improve and revitalize the playground, field, basketball courts, and other outdoor areas at the school. This will ensure that the school community and the public have access to outdoor facilities that are safe and enjoyable, while providing increased opportunities for outdoor learning and physical activity. In the absence of a City playground nearby, the Winona/McMurrich Senior and Junior Public School grounds serve that purpose for the wider community. The Section 37/45 Implementation Guidelines (section 5.7) approved by Council states: "Cash contributions toward the capital improvement of school board playgrounds are eligible S.37 (s. 45) community benefits where the playground serves as a local park, where the public will continue to have reasonable access for the foreseeable future, and where there is no local City-owned parkland performing a similar function in the same community that could otherwise benefit from the cash contribution." The funds will be forwarded to the Toronto District School Board once the School Board has entered into a Community Access Agreement with the City, governing the purpose of the funds, the financial reporting requirements, and addressing community access to the improved facilities, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor, prepared in consultation with the Ward Councillor. Reason for urgency: This motion is urgent because the Toronto District School Board and school community has requested clarity on funding available to them so that they can move forward with the project as soon as possible.
Motion MM3.16 was ruled out of order and withdrawn at City Council on February 7 and 8, 2023.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council increase the 2023 Operating Budget for Non-Program, subsequent to its approval by $150,000.00 gross, $0 net, (cost centre: NP2161) fully funded by Section 45 funds obtained in the development at 834-840 St Clair Avenue West, secured for a range of local community facilities (Source account: XR3028-4500226), for the purpose of providing one time capital funding to the Toronto District School Board for playground improvements at Winona/McMurrich Senior and Junior Public School, subject to the Toronto District School Board entering into an acceptable Community Access Agreement with the City. 2. City Council authorize the Director Strategic Initiatives, Policy and Analysis, City Planning to execute on behalf of the City a Community Access Agreement with the Toronto District School Board governing the use of the funds, the financial reporting requirements and addressing community access to the playground facilities at Winona/McMurrich Senior and Junior Public School, for a term of 20 years, to be prepared in consultation with, and on terms and conditions acceptable to, the General Manager of Parks, Forestry and Recreation and the Ward Councillor, and in a form satisfactory to the City Solicitor. 3. City Council direct that the $150,000 in Section 45 funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed an acceptable Community Access Agreement with the City. 4. City Council direct that if a mutually acceptable Community Access Agreement cannot be agreed upon that the funds will not be transferred to the Toronto District School Board and shall be made available for other community facilities in the local community.
MM3.17adopted
The City of Toronto implemented a Vacant Home Tax in 2022. All property owners are required to declare the occupancy status of their property(s) annually in the following year, even if they live there or fall under one or more exemptions. The declaration will determine whether the Vacant Home Tax applies and is payable. The City of Toronto's first ever Vacant Homes Tax declaration was due on February 2, 2023. Given that this is the first year that property owners are required to declare the occupancy status, there is a compelling interest to provide property owners with a grace period to provide their declarations. Moreover, there is also an interest in moderating the financial impact on property owners who do have to pay the Vacant Home Tax so that it can be paid in instalments over the course of several months, similar to property taxes, as opposed to a single lump sum payment. A vacant home tax increases the housing supply by encouraging homeowners to sell or rent their unoccupied home, and if they choose to continue to keep the home vacant, a tax is levied. This revenue can then be used to fund affordable housing projects. At its December 2020 meeting, City Council asked City staff to develop key tax design features and administrative structures to support a vacant home tax program and to report back with a recommended design for a vacant home tax, for tax implementation in 2022. At its July 2021 meeting, City Council approved the development and implementation of a vacant home tax, similar to Vancouver's Empty Homes Tax. A property is considered vacant if it was not used as the principal residence by the owner(s) or any permitted occupant(s), or was not occupied by tenants for a total of six months or more during the previous calendar year. The vacant homes tax does not apply to properties that are the principal residence of the owner, the principal residence of a permitted occupant or tenant, or where it qualifies under an exemption. Other provisions are also made for winter vacationers, in fact the vast majority of Torontonians will not pay the tax. This Motion is urgent because of the Vacant Home Tax declaration deadline and the current due date for the single instalment payment.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council amend the City of Toronto Municipal Code Chapter 778, Vacant Home Tax, to delete the one instalment payment date of May 1st and to create the following 3 instalment payment dates for payment of the Tax each year, which payments shall be equal or as nearly equal as practicable. Instalment 1 - May 1st Instalment 2 - June 1st Instalment 3 - July 1st 2. City Council amend the City of Toronto Municipal Code Chapter 778, Vacant Home Tax, to extend the declaration due date in 2023 for the 2022 Taxation Year to February 28, 2023. 3. City Council authorize the introduction of the necessary Bills in Council to give effect to City Council's decision.
Staff recommendation as filed
Councillor Gary Crawford, seconded by Mayor John Tory, recommends that: 1. City Council amend the City of Toronto Municipal Code Chapter 778, Vacant Home Tax, to delete the one instalment payment date of May 1st and to create the following 3 instalment payment dates for payment of the Tax each year, which payments shall be equal or as nearly equal as practicable. Instalment 1 - May 1st Instalment 2 - June 1st Instalment 3 - July 1st 2. City Council amend the City of Toronto Municipal Code Chapter 778, Vacant Home Tax, to extend the declaration due date in 2023 for the 2022 Taxation Year to February 28, 2023. 3. City Council authorize the introduction of the necessary Bills in Council to give effect to City Council's decision.
MM3.18adopted
This motion will authorize the City Solicitor to retain outside consultants as may be necessary in order to assess any settlement proposal received and, if necessary, to continue to oppose the appeal of the Committee of Adjustment's decision to refuse the minor variance application respecting 818 Eastern Avenue (Application Number A0706/21TEY; Toronto Local Appeal Body Case file Number 21 250427 S45 14 TLAB) (the "Application"). On February 2, 2022, City Council directed the City Solicitor and appropriate City staff to attend the Toronto Local Appeal Body to oppose the Application and to attempt to negotiate a resolution. City Council's decision can be found here: Agenda Item History - 2022.MM39.7 . The Application contemplates dog daycare and boarding uses within a zone that does not expressly permit those uses. The City appeared before the Toronto Local Appeal Body in opposition to the Application on January 20, January 24, and January 30, 2023. However, on January 30, 2023, the Toronto Local Appeal Body adjourned the hearing in order to give the City Solicitor and City Planning an opportunity to effectively respond to a newly-admitted document from the applicant. Said document relates to a proposed noise mitigation plan. The City, in its disclosure documents for the Toronto Local Appeal Body proceeding, raised noise from the dogs on the subject site as a significant concern. In order for the City to continue to effectively assess and call its case, the City Solicitor requires the expertise of an acoustical engineer to advise on the soundness of the applicant's proposed noise mitigation plan, and to potentially make recommendations respecting that solution. This motion is urgent as the Toronto Local Appeal Body has scheduled two more hearing days for this matter: March 30 and March 31, 2023, and the City has a deadline of March 9, 2023 to submit any additional disclosure in response to the applicant's noise mitigation plan.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council authorize the City Solicitor to retain outside consultants as may be necessary in order to assess any settlement proposal received and/or to continue to oppose the appeal of the Committee of Adjustment's decision to refuse the minor variance application in respect of 818 Eastern Avenue (Application Number A0706/21TEY; Toronto Local Appeal Body Case file Number 21 250427 S45 14 TLAB).
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Shelley Carroll, recommends that: 1. City Council authorize the City Solicitor to retain outside consultants as may be necessary in order to assess any settlement proposal received and/or to continue to oppose the appeal of the Committee of Adjustment's decision to refuse the minor variance application in respect of 818 Eastern Avenue (Application Number A0706/21TEY; Toronto Local Appeal Body Case file Number 21 250427 S45 14 TLAB).
MM3.19adopted
Scarborough Community Council on February 25, 2022 directed that before introducing the necessary Bills to City Council for enactment, the applicant be required submit a revised Functional Servicing Report to the Satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services demonstrating the quantity and quality of the groundwater discharge (both long-term and short-term) to the City's sewers meets the Toronto Municipal Code, Chapter 681, Sewers Table 1 or 2 - Limits of Sanitary or Storm Sewer Discharge. On January 31, 2023, the Chief Engineer and Executive Director, Engineering and Construction Services has advised satisfaction with the Functional Servicing Report, dated December 19, 2022. This is an urgent matter as the following refinements to the draft Zoning By-law Amendments are required to provide greater certainty and precision to the By-law and ensure the plans submitted to City Planning for review through the accompanying Site Plan Control application can be used to secure a Building Permit.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council amend Zoning By-law 569-2013, for the lands at 3051-3079 Pharmacy Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 8, 2022) from the Director, Community Planning, Scarborough District, with Attachment 6 amended as follows: a) deleting and replacing Site Provision (D), so it read: (D) Despite regulation 15.5.50.10(1), a minimum of 1600 square metres of landscaping is required on the lot of which 900 square metres must be comprised of soft landscaping; b) deleting and replacing Site Specific Provision (J), so that it reads: (J) Despite regulation 15.20.40.10(1)(A) and 15.20.40.10(2)(A), no portion of any building or structure may exceed the height in metres and number of stories specified by the number following the "HT" and "ST" symbol as shown on Diagram 3 attached to By-law [clerks to provide by-law numbers] c) deleting and replacing Site Provision (N), so it read: (N) Despite Clauses 15.20.40.70 and 15.20.40.80, the required minimum building setbacks and the required minimum separation distances between main walls of buildings or structures are as shown on Diagram 3 of By-law [clerks to provide by-law number], except that the required minimum aboveground separation distance between those main walls facing each other is 10.0 metres at the second and third storeys and 11.0 metres at the fourth storey; d) deleting and replacing Site Specific Provisions (R), so it reads: (R)Despite Regulation 200.5.10(2)(A)(iv), 200.5.1.10(2)(B)(iv), and 200.5.1.10(2)(C)(iv) a maximum of 0.1 parking spaces per dwelling unit are permitted to have a required minimum length of 5.0 metres, width of 2.4 metres and a vertical clearance of 2.0 metres. e) deleting and replacing Site Specific Provisions (S), so it reads: (S) Despite regulation 200.15.10.10(1) and (2), a minimum of three of the parking spaces required by (Q) (i) and (ii) above are required to be accessible parking spaces; f) deleting Site Provision "W" and now "X" will be "W" and "Y" will be "X". g) deleting Diagram 3 and replacing it with a Revised Diagram 3 found in Attachment 1 to this Motion. 2. City Council determine that no further notice is required to be given in respect of these changes under section 34(17) of the Planning Act, RSO
Staff recommendation as filed
Councillor Nick Mantas, seconded by Deputy Mayor Jennifer McKelvie, recommends that: 1. City Council amend Zoning By-law 569-2013, for the lands at 3051-3079 Pharmacy Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 8, 2022) from the Director, Community Planning, Scarborough District, with Attachment 6 amended as follows: a) deleting and replacing Site Provision (D), so it read: (D) Despite regulation 15.5.50.10(1), a minimum of 1600 square metres of landscaping is required on the lot of which 900 square metres must be comprised of soft landscaping; b) deleting and replacing Site Specific Provision (J), so that it reads: (J) Despite regulation 15.20.40.10(1)(A) and 15.20.40.10(2)(A), no portion of any building or structure may exceed the height in metres and number of stories specified by the number following the "HT" and "ST" symbol as shown on Diagram 3 attached to By-law [clerks to provide by-law numbers] c) deleting and replacing Site Provision (N), so it read: (N) Despite Clauses 15.20.40.70 and 15.20.40.80, the required minimum building setbacks and the required minimum separation distances between main walls of buildings or structures are as shown on Diagram 3 of By-law [clerks to provide by-law number], except that the required minimum aboveground separation distance between those main walls facing each other is 10.0 metres at the second and third storeys and 11.0 metres at the fourth storey; d) deleting and replacing Site Specific Provisions (R), so it reads: (R)Despite Regulation 200.5.10(2)(A)(iv), 200.5.1.10(2)(B)(iv), and 200.5.1.10(2)(C)(iv) a maximum of 0.1 parking spaces per dwelling unit are permitted to have a required minimum length of 5.0 metres, width of 2.4 metres and a vertical clearance of 2.0 metres. e) deleting and replacing Site Specific Provisions (S), so it reads: (S) Despite regulation 200.15.10.10(1) and (2), a minimum of three of the parking spaces required by (Q) (i) and (ii) above are required to be accessible parking spaces; f) deleting Site Provision "W" and now "X" will be "W" and "Y" will be "X". g) deleting Diagram 3 and replacing it with a Revised Diagram 3 found in Attachment 1 to this Motion. 2. City Council determine that no further notice is required to be given in respect of these changes under section 34(17) of the Planning Act, RSO
MM3.20referred
The City provides financial relief to eligible low income seniors and persons with disabilities through the property tax, water and solid waste relief programs. As Torontonians face a 5.5% property tax increase in the current budget proposal there is a new urgency to reform these relief programs to help those in need. An applicant must apply annually and can select all available programs through one application. Each program has its own eligibility criteria; however, there are some requirements common among all programs including: Property tax and utility accounts must not be in arrears. Applicant must have owned or occupied the property as their principal residence for one year or more before August 31 of the year in which the application is made. Combined household income is based on the total income of all listed owners who live at the property, including spouses. Age requirements must be met by December 31 or the current tax year. Other criteria exist but are linked to receipt of various federal benefit programs. As of June, 2022, the City's Property Tax, Water and Solid Waste Relief programs provide over $6.2 million in relief to eligible low income seniors and persons with disabilities. This includes about $3.8 million in property tax relief, and approximately $1.2 million in water relief and $1.2 million in solid waste relief and provided to over 7,000 households. According to a report to City Council in June, 2022, "These amounts are identified and budgeted for each year within the non-program tax deficiency account, and within the respective rate supported budgets for Toronto Water and Solid Waste Management Services, respectively."
City Council on February 7 and 8, 2023, referred Motion MM3.20 to the Executive Committee for consideration.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Anthony Perruzza, recommends that: 1. City Council request the Chief Financial Officer to report back to the City Council meeting on February 15, 2023 on the current status of the City of Toronto Tax, Water and Solid Waste Relief and Rebate programs and costs and implications of reforming such programs to increase eligibility. The Chief Financial Officer should "stress test" increasing household income eligibility for both the property tax increase cancellation (from $46,000 to $60,000) and property tax deferral programs from $50,000 to $60,000. In the case of Municipal Property Assessment Corporation evaluations for the tax increase cancellation program lowering the home value from $975,000 to $850,000. Criterial for the Water Rebate Program and the Solid Waste Rebate programs would remain the same as the deferral program.
MM3.21adopted
On January 18, 2023, the Toronto and East York Panel of the Committee of Adjustment (the "Committee") approved an application brought by the owner of 68 Alcorn Avenue for three minor variances, including soft landscaping requirements and setbacks, to permit an existing rear deck in the subject property (the "Application"). A copy of the Committee's decision is attached. In a report from the Director, Community Planning, Toronto and East York District dated January 10, 2023, Community Planning Staff recommended the application be refused. A copy of the Planning report is attached. Community Planning Staff opined that a reduced density would be more in line with the intent of the Zoning By-law and Official Plan. This Motion will instruct the City Solicitor to appeal the Committee's decision and instruct the City Solicitor and appropriate City Staff to attend the Toronto Local Appeal Body to oppose the application. This Motion will give the City Solicitor the authority to negotiate a settlement of the appeal. This matter is time sensitive and urgent as the Planning Act imposes a statutory deadline to appeal a Committee decision and the City Solicitor requires instructions to appeal and attend the hearing.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council instruct the City Solicitor and appropriate City Staff to appeal the Committee of Adjustment decision in Application A0787/22TEY respecting 68 Alcorn Avenue to the Toronto Local Appeal Body and to attend at the hearing at the Toronto Local Appeal Body to oppose the application. 2. City Council authorize the City Solicitor to negotiate a settlement of the appeal of the decision in Application A0787/22TEY respecting 68 Alcorn Avenue and authorize the City Solicitor to settle the matter on behalf of the City at her discretion after consultation with the Ward Councillor and with the Director of Community Planning, Toronto and East York District.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Colle, recommends that: 1. City Council instruct the City Solicitor and appropriate City Staff to appeal the Committee of Adjustment decision in Application No. A0787/22TEY respecting 68 Alcorn Avenue to the Toronto Local Appeal Body and to attend at the hearing at the Toronto Local Appeal Body to oppose the application. 2. City Council authorize the City Solicitor to negotiate a settlement of the appeal of the decision in Application No. A0787/22TEY respecting 68 Alcorn Avenue and authorize the City Solicitor to settle the matter on behalf of the City at her discretion after consultation with the Ward Councillor and with the Director of Community Planning, Toronto and East York District.
MM3.22adopted
The applicant applied to the Committee of Adjustment (Application A0714/22NY) for the property at 139 Poyntz Avenue to seek minor variances from Zoning By-law 569-2013 to permit the construction of a new second storey addition over the existing foundation, a new garage and a new one storey addition (the "Application"). In their report, Planning Staff recommended a modification to the lot coverage. At its hearing on January 19, 2023, the Committee of Adjustment approved the Application with a condition from Urban Forestry to submit a complete application for a permit to injure or remove a City-owned tree(s). No hearing date has been scheduled for this appeal but the deadline to appeal the decision is February 8, 2023.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council direct the City Solicitor to appeal the decision of the Committee of Adjustment related to 139 Poyntz Avenue and attend any hearing, along with City staff, at the Toronto Local Appeal Body regarding Application A0714/22NY in support of staff's position set out in the report dated January 12, 2023. 2. City Council authorize the City Solicitor to settle the matter on behalf of the City at the City Solicitor's discretion after consultation with the Ward Councillor and the Director, Community Planning, North York District.
Staff recommendation as filed
Councillor Lily Cheng, seconded by Councillor Brad Bradford, recommends that: 1. City Council direct the City Solicitor to appeal the decision of the Committee of Adjustment related to 139 Poyntz Avenue and attend any hearing, along with City staff, at the Toronto Local Appeal Body regarding Application A0714/22NY in support of staff's position set out in the report dated January 12, 2023. 2. City Council authorize the City Solicitor to settle the matter on behalf of the City at the City Solicitor's discretion after consultation with the Ward Councillor and the Director, Community Planning, North York District.
MM3.23adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 43 Tank House Lane operating under the name Old Flame Brewing Co. (the "Premises"). The application is for an indoor and outdoor area. This Motion requests that City Council direct the City solicitor to bring forward a Motion to the Licence Appeal Tribunal to obtain party status should the matter be appealed to the Licence Appeal Tribunal. The 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.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council direct the City Solicitor to bring forward a Motion to the Licence Appeal Tribunal to obtain party status, at the earliest opportunity with respect to the Premises. 2. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Ausma Malik, seconded by Councillor Gord Perks, recommends that: 1. City Council direct the City Solicitor to bring forward a Motion to the Licence Appeal Tribunal to obtain party status, at the earliest opportunity with respect to the Premises. 2. 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.
MM3.24adopted
On Wednesday, February 1, 2023 the Transit Expansion Office released a summary of the third-party review prepared by the independent consultant on the potential locations for Osgoode Hall station entrance to the local Councillor prior to the Community Consultation. That evening, the Independent third party consultant presented the findings to the local stakeholders impacted by the proposed location of the Osgoode Hall station entrance. Metrolinx stated at the conclusion of the presentation they would be moving ahead with construction immediately, and not allow time for the community to receive the report. On Sunday, February 5, 2023, the Law Society of Ontario was granted an interim injunction on the removal of the heritage trees in the Osgoode Gardens at Osgoode Hall. This injunction is in effect until February 10, 2023. Through the Provincial government's Bill 171, the Building Transit Faster Act, Metrolinx has been able to circumvent City processes and approvals in the name of building transit. While construction of the Ontario Line is vital to our infrastructure needs and should not be faced with unnecessary delays, the injunction has given Metrolinx an opportunity to find a better path forward, with proper public engagement. Metrolinx now has the ability to return to the table, work with the City and our community partners, and find solutions that work for all, to ensure this fundamental transit project is built right and on schedule. This matter is considered urgent as the injunction ends Friday, February 10.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council request Metrolinx to: a. halt the removal of the Osgoode Garden's trees until the Construction Liaison Committee can reconvene to further discuss siting options with Metrolinx; b. create a structure for participatory engagement with community stakeholders for all future Ontario Line consultations; and c. replace any injured or damaged trees with at least five equivalent trees at a location acceptable to the City, and restore the surface area after construction with a depth of soil appropriate for supporting trees.
Staff recommendation as filed
Councillor Ausma Malik, seconded by Councillor Dianne Saxe, recommends that: 1. City Council request Metrolinx to: a. halt the removal of the Osgoode Garden's trees until the Construction Liaison Committee can reconvene to further discuss siting options with Metrolinx; b. create a structure for participatory engagement with community stakeholders for all future Ontario Line consultations; and c. replace any injured or damaged trees with at least five equivalent trees at a location acceptable to the City, and restore the surface area after construction with a depth of soil appropriate for supporting trees.
MM3.25adopted
The applicant applied to the Committee of Adjustment (Application A0553/22NY) for the property at 73 Bainbridge Avenue to seek minor variances from Zoning By-law 569-2013 to permit the construction of a new dwelling (the "Application"). In their report, Planning Staff opposed the proposed variances for building length, building depth and lot coverage. At its hearing on January 19, 2023, the Committee of Adjustment approved the Application including the variances requested for building length, building depth and lot coverage. Copies of the Notices of Decision and Staff Report are attached. No hearing date has been scheduled for this appeal however the deadline to appeal is February 8, 2023.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council direct the City Solicitor to appeal the decision of the Committee of Adjustment related to 73 Bainbridge Avenue and attend any hearing, along with City staff, at the Toronto Local Appeal Body regarding Application A0553/22NY in support of staff's position set out in the report dated January 12, 2023. 2. City Council authorize the City Solicitor to settle the matter on behalf of the City at the City Solicitor's discretion after consultation with the Ward Councillor and the Director, Community Planning, North York District.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Brad Bradford, recommends that: 1. City Council direct the City Solicitor to appeal the decision of the Committee of Adjustment related to 73 Bainbridge Avenue and attend any hearing, along with City staff, at the Toronto Local Appeal Body regarding Application A0553/22NY in support of staff's position set out in the report dated January 12, 2023. 2. City Council authorize the City Solicitor to settle the matter on behalf of the City at the City Solicitor's discretion after consultation with the Ward Councillor and the Director, Community Planning, North York District.