Toronto City Council
The full agenda, as filed
All 46 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
Items 1 to 25 of 46Show 2550100all
BL13.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills. Consolidated Bills Index for December 17 and 18, 2019 City Council Meeting http://app.toronto.ca/tmmis/viewBillBylaw.do?meeting=2019.CC13
City Council on December 17 and 18, 2019, enacted By-laws 1749-2019 to 1804-2019.
CC13.1deferred
2706 Bayview Avenue - Request for Directions Regarding Local Planning Appeal Tribunal Hearing
The purpose of this report is to seek instructions respecting the appeal of the Zoning By-law Amendment application for 2706 Bayview Avenue, currently before the Local Planning Appeal Tribunal (the "LPAT"). On December 21, 2016, the City of Toronto (the "City") received a Zoning By-law Amendment Application to permit the re-location of an existing single family detached dwelling and development of three, three-storey townhouse units on Bayview Avenue (the "Application"). The applicant also submitted an accompanying Site Plan application. On November 28, 2017, the applicant appealed the Application to the LPAT, citing City Council's failure to make a decision on the Application within the time prescribed by the Planning Act. The Site Plan application has not been appealed to date. Two pre-hearing conferences have since taken place before the LPAT. City Planning has been involved in the preparation of this report.
City Council on December 17 and 18, 2019, deferred consideration of Item CC13.1 to the January 29 and 30, 2020, meeting of 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. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of: a. the recommendations contained in Confidential Attachment 1; and b. Appendices "A", "B" and "C" to Confidential Attachment 1. 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 which is subject to solicitor-client privilege.
MM13.1adopted
The owner of the lands municipally known as 3272-3274 Danforth Avenue applied to the Scarborough Panel of the Committee of Adjustment for seven (7) variances to the City of Toronto Zoning By-law 569-2013 and two (2) variances to the former City of Scarborough Oakridge Community Zoning By-law 9812 in order to facilitate the construction of a third storey addition and a three-storey rear addition to the existing commercial and residential building (the "Application"). The requested variances are with respect to building setbacks from lot lines, landscaping and parking requirements. In a report (November 8, 2019) from the Director, Community Planning, Scarborough District, Community Planning Staff expressed concerns regarding the proximity of the east side elevation wall to the side lot line and the failure of the proposal to provide sufficient number of parking spaces of appropriate dimensions. As a result, Community Planning Staff recommended that four (4) out of seven (7) requested variances to the City-Wide Zoning By-law 569-2013 and both requested variances to the Oakridge Community Zoning By-law 9812 be refused. At its hearing on November 14, 2019, the Committee of Adjustment heard the Application and approved all of the requested variances. Copies of the Planning Report and the Committee of Adjustment decision are attached to this Motion. As the last day to appeal the Committee of Adjustment's decision was December 4, 2019, the City Solicitor appealed the decision prior to that deadline in order to preserve the City's appeal rights. This Motion will confirm and authorize the City Solicitor's appeal of the Committee of Adjustment's decision to the Toronto Local Appeal Body. It will authorize the City Solicitor and appropriate City Staff, to attend the Toronto Local Appeal Body in order to oppose the Committee of Adjustment's decision and to retain outside consultants as necessary. This Motion will also authorize the City Solicitor to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning. This matter is urgent because a Toronto Local Appeal Body hearing will be scheduled shortly and the procedural filing dates will have to be met. The City Solicitor requires instructions.
City Council on December 17 and 18, 2019, adopted the following: 1. City Council confirm and authorize the City Solicitor's appeal of the Committee of Adjustment, Scarborough District Panel to oppose the approval of the applicant's proposed development at 3272-3274 Danforth Avenue under Application A0205/19SC. 2. City Council authorize the City Solicitor and appropriate City staff to attend the Toronto Local Appeal Body to oppose the Committee of Adjustment's decision and to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
Staff recommendation as filed
Councillor Gary Crawford, seconded by Councillor Michael Thompson, recommends that: 1. City Council confirm and authorize the City Solicitor's appeal of the Committee of Adjustment, Scarborough District Panel to oppose the approval of the applicant's proposed development at 3272-3274 Danforth Avenue under Application A0205/19SC. 2. City Council authorize the City Solicitor and appropriate City staff to attend the Toronto Local Appeal Body to oppose the Committee of Adjustment's decision and to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
RM13.1adopted
- O Canada - Moment of Silence - Declarations of Interest under the Municipal Conflict of Interest Act
CALL TO ORDER: 9:40 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. Tuesday, December 17, 2019 Members of Council observed a moment of silence and remembered: Ronald "Jimmy" Ashford Wisdom 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. Wednesday, December 18, 2019 Members of Council observed a moment of silence and remembered: John Kam Mary C. Gioberti Thornton
CC13.2adopted
459 Eastern Avenue - Appeal of Official Plan Amendment 231- Local Planning Appeal Tribunal Hearing
XYZ Storage Inc., the owner of the property municipally known as 459 Eastern Avenue (the "Site"), has appealed Official Plan Amendment No. 231 ("OPA 231") respecting the Site to the Local Planning Appeal Tribunal ("LPAT"). City Council adopted OPA 231 policies for the entire city following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding employment lands. The City Solicitor requires further directions.
City Council on December 17 and 18, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 9, 2019) from the City Solicitor. 2. City Council authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the report (December 9, 2019) from the City Solicitor; and b. Confidential Attachments 2 and 3 to the report (December 9, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 9, 2019) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (December 9, 2019) 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 No. 25 (with respect to 459 Eastern Avenue) to Official Plan Amendment 231 dated November 13, 2019 set out in Confidential Attachment 2 to the report (December 9, 2019) from the City Solicitor with the additional modifications proposed by staff, as set out in Confidential Attachment 3 to the report (December 9, 2019) from the City Solicitor and City Council direct the City Solicitor and other staff to attend at the Local Planning Appeal Tribunal in support of the settlement. Confidential Attachments 2 and 3 to the report (December 9, 2019) 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 (December 9, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of: a. the recommendations contained in Confidential Attachment 1, with the remainder of Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege; and b. Confidential Attachments 2 and 3.
MM13.2adopted
It's as Easy as ABC - by Councillor Paula Fletcher, seconded by Councillor Shelley Carroll
The City of Toronto Act states that the City must be accountable to the public and that the process for making decisions must be transparent in order to provide good government. City Council and it's committees' agendas, reports, minutes and decisions are posted online. City Council and its committees' proceedings are streamed live and posted online. The Toronto Transit Commission does likewise. The public is encouraged to depute to Committees on agenda items. Furthermore, the City consults the general public on a wide range policy initiatives. In Toronto, the public play an essential role in ensuring the effectiveness of municipal decision making. Moreover, livestreaming committee meetings is an important tool for the Mayor, City Councillors, their staff, City Staff and all Agency, Board and Commission Staff. It allows for the timely and accurate dissemination of information and decisions. However, many important City meetings are not currently livestreamed. Some of these are held in Committee Rooms 1 and 2 at City Hall and therefore, could be streamed with little marginal cost as the equipment and process are already in place. For example, the Boards of the Toronto Parking Authority and CreateTO met at the same time on November 25, 2019 in those rooms at City Hall but neither meeting was livestreamed.
City Council on December 17 and 18, 2019, adopted the following: 1. City Council direct the City Manager to work with the City Clerk and all City Agencies, Boards and Committees to enhance openness, accountability and transparency in the City's governance process by livestreaming their Board meetings and making livestreaming the default practice for such meetings held in Committee Rooms 1 and 2 at City Hall and to report back to the General Government and Licensing Committee by the end of the first quarter of 2020 with an update on these endeavours.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Shelley Carroll, recommends that: 1. City Council direct the City Manager to work with the City Clerk and all City Agencies, Boards and Committees to enhance openness, accountability and transparency in the City's governance process by livestreaming their Board meetings and making livestreaming the default practice for such meetings held in Committee Rooms 1 and 2 at City Hall and to report back to the General Government and Licensing Committee by the end of the first quarter of 2020 with an update on these endeavours.
RM13.2adopted
City Council will confirm the Minutes from the regular meeting held on November 26 and 27, 2019.
City Council confirmed the Minutes of Council from the regular meeting held on November 26 and 27, 2019.
CC13.3amended
This application proposes to develop purpose-built rental dwelling units in two blocks of townhouses and two apartment buildings. The proposed townhouse blocks include 3-storey townhouses. One apartment building has a proposed tower height of 33-storeys including a 3-storey base and the other apartment building has a proposed tower height of 29 storeys including an 8 storey base ("Development") on the lands municipally known as 111 Pacific Avenue, 255 Glenlake Avenue and 66 Oakmount Road ("Subject Lands"). The lands are currently developed with three rental apartment buildings ranging in height from 12 storeys to 23 storeys. The proposal would add 768 new rental units to the existing 750 rental units for a total of 1,518 dwelling units. The proposed development would maintain all existing on-site rental dwelling units. The proposal also includes 450 square metres of retail floor space, which would result in a total floor area of approximately 113,100 square metres. The owner appealed the Zoning By-law Amendment application to the Ontario Municipal Board ("OMB") (now the Local Planning Appeal Tribunal ("LPAT")) citing City Council's failure to make a decision within the prescribed time frames set out in the Planning Act.
City Council on December 17 and 18, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor, as amended by motion 1 by Councillor Gord Perks. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended, and Confidential Appendix A to the report (December 10, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor were adopted, as amended, by City Council and are now public, as follows: 1. City Council accept the settlement offer set out in Confidential Appendix A to the report (December 10, 2019) from the City Solicitor, subject to certain conditions set out below. 2. City Council authorize the City Solicitor, and other appropriate staff, to attend the Local Planning Appeal Tribunal hearing in support of the Zoning By-law Amendment application for 111 Pacific Avenue, as revised and described in Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor, subject to the following conditions: a. prior to the Local Planning Appeal Tribunal issuing its order, the owner shall enter into an agreement pursuant to Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, such Section 37 benefits to include: A. 72 rental dwelling units or 10 percent of the number of the units for which site plan approval is received, at affordable rents as defined by the Canada Mortgage Housing Corporation (5 percent to be provided within existing rental buildings and 5 percent to be provided within the new rental buildings); B. $200,000.00 for streetscape improvements; C. $700,000.00 for improvements to local public parks; D. $500,000.00 for public art; E. $200,000.00 for non-profit daycare purposes within the vicinity; F. Privately Owned Publicly Accessible Open Space (which may include a Dog Off Leash Area Privately Owned Publicly Accessible Open Space); and G. two pedestrian easements for mid-block connections; b. prior to the Local Planning Appeal Tribunal issuing its order, the Owner shall submit revisions to the following studies: A. a Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; B. a Traffic Impact Study and Parking Assessment to the satisfaction of the General Manager, Transportation Services; C. a Natural Heritage Impact Study to the satisfaction of the Chief Planner and Executive Director, City Planning; D. a Hydrogeological Investigation and Geotechnical Investigation to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; E. a Tree Protection Plan to the satisfaction of General Manager, Parks, Forestry and Recreation; F. a Toronto Green Standard Checklist to the satisfaction of the Chief Planner and Executive Director, City Planning; and G. a Pedestrian Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning; and c. prior to the Local Planning Appeal Tribunal issuing its order, if the findings of the studies noted in Part 2.b. above determine that off-site and/or on-site improvements and/or mitigation is required to support this development: A. the Owner shall agree to enter into a financially-secured development agreement for the design and construction of any required improvements to the municipal infrastructure to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and, or the General Manager, Transportation Services, and, or the General Manager, Parks, Forestry and Recreation: and B. the Owner shall agree to implement any on-site mitigation measures as required. 3. City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to finalize the elements of and give effect to the settlement, including the Zoning By-law Amendment and any other related planning or other instruments or agreements; and to request that the Local Planning Appeal Tribunal approve the development in accordance with City Council's decision. Confidential Appendix A to the report (December 10, 2019) 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 (December 10, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to this Report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix A, to this Report from the City Solicitor, if adopted by City Council. 3. City Council direct that the balance of Confidential Attachment 1 to this Report from the City Solicitor remain confidential as it contains advice, which is subject to solicitor-client privilege.
MM13.3adopted
This Motion will give the City Solicitor authority with appropriate City Staff to attend the Toronto Local Appeal Body in order to support the Committee of Adjustment's decision refusing certain variances sought in an application respecting 82 Hanna Road (Application A0462/19NY) (the "Application"). The Application sought variances to the City's Zoning By-law 569-2013 and Leaside Zoning By-law 1916 in order to permit the construction of a new dwelling. As a result of revisions to the initial Application, Planning staff raised no concerns with the revised application's nine variances. On October 23, 2019, the North York District Panel of the Committee of Adjustment refused the variances. On November 12, 2019, the owner of 82 Hanna Road appealed the decision to the Toronto Local Appeal Body. The appeal, which will be considered by the Toronto Local Appeal Body, seeks to have the nine requested variances to the City-wide Zoning By-law 569-2013 and Leaside Zoning By-law 1916 granted, which would permit the construction of a new dwelling. This matter is urgent as the Toronto Local Appeal Body hearing is scheduled for March 9, 2020 and filing deadlines must be met in advance of that date.
City Council on December 17 and 18, 2019, adopted the following: 1. City Council authorize and direct the City Solicitor to attend the Toronto Local Appeal Body in order to oppose the appeal of the Committee of Adjustment's decision to refuse the minor variances requested in Application A0462/19NY regarding 82 Hanna Road. 2. City Council authorize the City Solicitor to retain such outside consultant as may be necessary to oppose the appeal.
Staff recommendation as filed
Councillor Jaye Robinson, seconded by Councillor Gary Crawford, recommends that: 1. City Council authorize and direct the City Solicitor to attend the Toronto Local Appeal Body in order to oppose the appeal of the Committee of Adjustment's decision to refuse the minor variances requested in Application A0462/19NY regarding 82 Hanna Road. 2. City Council authorize the City Solicitor to retain such outside consultant as may be necessary to oppose the appeal.
RM13.3adopted
Introduction of Committee Reports and New Business from City Officials
Report of the Executive Committee from Meeting 11 on December 11, 2019 Submitted by Mayor John Tory, Chair Report of the Civic Appointments Committee from Meeting 11 on December 10, 2019 Submitted by Deputy Mayor Denzil Minnan-Wong, Chair Report of the Economic and Community Development Committee from Meeting 10 on December 4, 2019 Submitted by Councillor Michael Thompson, Chair Report of the General Government and Licensing Committee from Meeting 10 on December 2, 2019 Submitted by Councillor Paul Ainslie, Chair Report of the Infrastructure and Environment Committee from Meeting 10 on December 5, 2019 Submitted by Councillor James Pasternak, Chair Report of the Planning and Housing Committee from Meeting 11 on December 10, 2019 Submitted by Councillor Ana Bailão, Chair Report of the Striking Committee from Meeting 4 on December 4, 2019 Submitted by Deputy Mayor Denzil Minnan-Wong, Chair Report of the Etobicoke York Community Council from Meeting 11 on December 3, 2019 Submitted by Councillor Mark Grimes, Chair Report of the North York Community Council from Meeting 11 on December 3, 2019 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 11 on December 3, 2019 Submitted by Councillor Jim Karygiannis, Chair Report of the Toronto and East York Community Council from Meeting 11 on December 3, 2019 Submitted by Councillor Gord Perks, Chair New Business submitted by the City Officials
Committee Reports and New Business were presented to City Council for consideration.
CC13.4adopted
1376 - 1386 Kingston Road - Zoning By-law Amendment Application - Request for Direction
Cornell & Kingston Development Corporation (the "Applicant") is the owner of the property municipally known as 1376 -1386 Kingston Road (the "Subject Property"). The Applicant applied for a zoning by-law amendment in order to facilitate a proposed 9-storey residential development of the Subject Property (the "Original Application"). On March 19, 2018, the applicant appealed the Original Application to the Local Planning Appeal Tribunal due to Council's failure to make a decision within the time prescribed by the Planning Act. The first Prehearing Conference for this matter was held on January 28, 2019. A second Prehearing Conference has been scheduled for January 15, 2020. The purpose of this report is to request instructions for the upcoming Local Planning Appeal Tribunal Prehearing Conference on January 15, 2020. City Planning staff have been involved in the preparation of this report.
City Council on December 17 and 18, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor. 2. City Council authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor; and b. Confidential Attachments 2 and 3 to the report (December 10, 2019) from the City Solicitor. 3. City Council direct that the balance Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated December 4, 2019 in Confidential Attachment 2 to the report (December 10, 2019) from the City Solicitor and as shown on the Revised Plans in Confidential Attachment 3 to the report (December 10, 2019) from the City Solicitor, subject to Parts 3 and 4 set out below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal pre-hearing on this matter in support of the revised proposed development set out in the Settlement Offer in Confidential Attachment 2 to the report (December 10, 2019) from the City Solicitor and as shown on the Revised Plans in Confidential Attachment 3 to the report (December 10, 2019) from the City Solicitor, subject to Parts 3 and 4 set out below. 3. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order on the Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. the Owner has submitted to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, for review and acceptance, a Functional Servicing Report and Stormwater Management Report, and Hydrogeotechnical Report to determine the sanitary flow, water/fire supply demand and storm water, and private water resulting from this development, and demonstrate how the Subject Site can be serviced and whether the existing municipal infrastructure is adequate; c. the Owner has entered into a financially secured Development Agreement, and obtained approval from internal and external agencies for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and d. the Owner has submitted a Traffic Impact Study to the satisfaction of the General Manager, Transportation Services. 4. 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 (December 10, 2019) 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 (December 10, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. If the confidential 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.
MM13.4adopted
This Motion will give the City Solicitor authority, with appropriate City Staff, to attend the Toronto Local Appeal Body in order to support the Committee of Adjustment's decision refusing certain variances sought in an application respecting 32 Triller Avenue (Application A0790/19TEY) (the "Application"). The Application sought variances to the City's Zoning By-law 569-2013 in order to permit a front yard parking pad and rear decks. Planning staff recommended that the Committee of Adjustment refuse the parking pad variances of the Application. On November 13, 2019, the Toronto and East York District Panel of the Committee of Adjustment refused the parking pad variances of the Application but approved the rear deck variance. On November 26, 2019, the owner of 32 Triller Avenue appealed the decision to the Toronto Local Appeal Body. The Appeal, which will be considered by the Toronto Local Appeal Body, seeks variances to the City-wide Zoning By-law 569-2013 to permit a front yard parking pad. The size of the front parking pad is deficient, and contravenes the Zoning By-law as well as Chapter 918 of the City of Toronto Municipal Code. City Planning and Transportation Services Staff provided comments to the Committee of Adjustment recommending refusal of the requested variances relating to the proposed front yard parking pad. Staff have concerns with the variances for the parking space located in the front yard is contrary to the intent of the Zoning By-law as well as the existing character of the area. The Application and related variances do not meet requisite tests for approval and therefore the decision should be upheld.
City Council on December 17 and 18, 2019, adopted the following: 1. City Council authorize the City Solicitor, along with appropriate City Staff, to attend the Toronto Local Appeal Body in order to support the decision of the Committee of Adjustment to refuse the minor variances requested in Application A0790/19TEY regarding 32 Triller Avenue. 2. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Appeal, and authorize the City Solicitor to resolve the matter on behalf of the City in the City Solicitor's discretion after consulting with the Ward Councillor and with the Director, Community Planning, Toronto and East York District.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Kristyn Wong-Tam, recommends that: 1. City Council authorize the City Solicitor, along with appropriate City Staff, to attend the Toronto Local Appeal Body in order to support the decision of the Committee of Adjustment to refuse the minor variances requested in Application A0790/19TEY regarding 32 Triller Avenue. 2. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Appeal, and authorize the City Solicitor to resolve the matter on behalf of the City in the City Solicitor's discretion after consulting with the Ward Councillor and with the Director, Community Planning, Toronto and East York District.
RM13.4received
Members of Council may file petitions.
No petitions were submitted during the Routine Matters portion of the meeting.
CC13.5amended
6020 and 6030 Bathurst Street - Zoning By-law Amendment Application - Request for Directions
On April 5, 2018, the City Clerk's office received a Notice of Appeal to the Local Planning Appeal Tribunal (the "Tribunal" or "LPAT") filed by Timbercreek Asset Management Inc. (the "Owner") in respect of an application to amend City of Toronto By-law 569-2013, as amended, and former City of North York By-law 7625, as amended, for the lands municipally known as 6020 & 6030 Bathurst Street (LPAT Case No. PL180386). The grounds for the appeal are City Council's failure to make a decision on the application prior to the lapsing of the statutory time period under the Planning Act. Direction from City Council is required on this matter which has been appealed to the Tribunal.
City Council on December 17 and 18, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor, as amended by motion 1 by Councillor James Pasternak. 2. City Council authorize the public release of confidential instructions to staff in Confidential Attachment 1, as amended, and Confidential Appendices A, B, C and F to the report (December 11, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendices D and E to the report (December 11, 2019) from the City Solicitor remain confidential as they contain advice that is subject to solicitor-client privilege. 4. City Council request the Chief Planner and Executive Director, City Planning or designate to consult with the Ward Councillor prior to the approval of the Construction Mitigation and Tenant Communication Plan to be provided by the owner pursuant to the Site Plan approval process for the proposed development. The confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor were adopted, as amended, by City Council and are now public, as follows: 1. City Council accept the Owner's offer to settle the subject appeal on the terms described in Confidential Appendix A and Confidential Appendix F to the report (December 11, 2019) from the City Solicitor, and in substantial accordance with the block plan included as Confidential Appendix B to the report (December 11, 2019) from the City Solicitor and the architectural drawings included as Confidential Appendix C to the report (December 11, 2019) from the City Solicitor (collectively, the "Settlement Offer"), provided that the Owner confirm in writing, to the satisfaction of the City Solicitor in advance of a settlement hearing before the Local Planning Appeal Tribunal, that it agrees to pay the amount in section 11 of Confidential Appendix A to the report (December 11, 2019) from the City Solicitor prior to the issuance of the first below-grade shoring permit for the site and that said monies shall be used in the immediate vicinity of the site or within Ward 6, all subject to the Owner entering into the necessary Section 37 Agreements with the City and neighbouring land owners to secure both community benefits to be provided on-site and to financially secure the provision of public infrastructure within the block as shown on Confidential Appendix B to the report (December 11, 2019) from the City Solicitor at no cost to the City prior to the coming into force of legislative amendments under Bill 108 - More Homes, More Choices Act, 2019, Section 9 and Section 10 of Schedule 12. 2. City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in support of the development proposal as described in the Settlement Offer and subject to the direction provided in Part 1 above. 3. City Council authorize the City Solicitor and appropriate City staff to take all steps necessary to implement the terms of the Settlement Offer, at no cost to the City for any and all works that may be required to effect the development either on-site or on the City's property, including the review and approval of all matters described as preconditions to the Local Planning Appeal Tribunal issuing its final Order in connection with the subject appeal, and entering into and registering against title to the subject lands the described Agreements authorised pursuant to Section 37 of the Planning Act. 4. City Council direct the Chief Planner and Executive Director, City Planning or designate to allocate the community benefits cash payment of $1,250,000 as identified in the Owner's Settlement Offer towards park improvements and/or community facility improvements within proximity of the site or Ward 6, at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor. 5. Subject to the Owner's failure to enter into the necessary Section 37 Agreements as on the terms described in Part 1 above, City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in opposition to the development proposal as described by the Settlement Offer. Confidential Appendices A, B, C and F to the report (December 11, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 and Confidential Appendices D and E to the report (December 11, 2019) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.
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 authorize the public release of the recommendations in Confidential Attachment 1 and the information in Appendix A, Appendix B, Appendix C, and Appendix F to Confidential Attachment 1 in the event City Council adopts the recommendations in Confidential Attachment 1; and 3. City Council direct the balance of Confidential Attachment 1, including Appendix D and Appendix E, remain confidential as it contains advice which is subject to solicitor-client privilege.
MM13.5adopted
This Motion seeks City Council authority to release a total of $1,030,846.16 (made up of $604,651.16 in Section 37 funding, plus $426,195.00 in Section 42 funding) on a one-time basis to the Waterfront Revitalization Initiative to enhance public facilities, landscape features and trail connections in the area of The Bentway and Fort York National Historic Site. Fort York National Historic Site and The Bentway are immediately adjacent to one another and are both destinations of City-wide significance. Together, the recent creation of The Bentway and the construction of the Fort York Visitors Centre have transformed the derelict lands beneath the Gardiner Expressway, from Strachan Avenue to Bathurst Street, into a busy public space, expanded parkland and a front door for the National Historic Site. These improvements benefit the nearly 80,000 new residents within a short walk, as well as the wider Toronto and national community who visit. These funds will support the addition of new public amenities and will improve the experience for residents and visitors to the dynamic sites. The release of these funds is time-sensitive in order to permit some construction to be completed over the winter season, and to allow trail work to be undertaken on an urgent basis to stabilize a slope area at the east end of the Fort York Visitor Centre before erosion occurs. This work will also complete a number of connections identified in the Garrison Common Parks and Open Space Plan, the Shoreline Stitch, and the Downtown Parks and Public Realm Plan. These include connections from the recently opened Garrison Crossing pedestrian and cycling bridge to June Callwood Park and the waterfront, as well as connections north from Garrison Crossing to the future Ordnance Park and south Stanley Park extension.
City Council on December 17 and 18, 2019, adopted the following: 1. City Council increase the Approved 2019 Capital Budget for Waterfront Revitalization Initiative with total gross costs of $1,030,846.16 ($1,030,846.16 gross; $0 debt), with cash flow commitments of $1,030,846.16 in 2020, to create Project CWR003-35 for enhancements to public facilities, landscape features and trail connections at The Bentway and Fort York National Historic Site through Section 37 and Section 42 (Planning Act) community benefits, as follows: a. Section 37 funds from 65 Grand Magazine, FYN Block 4A (formerly 20, 22, 22A, 24 Bathurst Street) in the amount of $604,651.16 (Source Account: XR3026-3701003); and b. Section 42 funds from 65 Grand Magazine, FYN Block 4A (formerly 20, 22, 22A, 24 Bathurst Street) in the amount of $426,195.00 (Source Account: XR2213-4201251). 2. City Council authorize the Director, Waterfront Secretariat, City Planning, and the Director, Museums and Heritage Services, Economic Development and Culture to work with the appropriate staff of Waterfront Toronto and The Bentway Conservancy to realize these projects in 2020.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Mike Layton, recommends that: 1. City Council increase the Approved 2019 Capital Budget for Waterfront Revitalization Initiative with total gross costs of $1,030,846.16 ($1,030,846.16 gross; $0 debt), with cash flow commitments of $1,030,846.16 in 2020, to create Project CWR003-35 for enhancements to public facilities, landscape features and trail connections at The Bentway and Fort York National Historic Site through Section 37 and Section 42 (Planning Act) community benefits, as follows: a. Section 37 funds from 65 Grand Magazine, FYN Block 4A (formerly 20, 22, 22A, 24 Bathurst Street) in the amount of $604,651.16 (Source Account: XR3026-3701003); and b. Section 42 funds from 65 Grand Magazine, FYN Block 4A (formerly 20, 22, 22A, 24 Bathurst Street) in the amount of $426,195.00 (Source Account: XR2213-4201251). 2. City Council authorize the Director, Waterfront Secretariat, City Planning, and the Director, Museums and Heritage Services, Economic Development and Culture to work with the appropriate staff of Waterfront Toronto and The Bentway Conservancy to realize these projects in 2020.
RM13.5received
Presentations, Introductions and Announcements
Various presentations and announcements will be made at the City Council meeting.
Various presentations, introductions and announcements were made to City Council on December 17 and 18, 2019. December 17, 2019 Speaker Nunziata during the morning session of the meeting invited Giuliana Carbone, Deputy City Manager, Community and Social Services to come forward to recognize Sean Gadon, Executive Director, Housing Secretariat upon his retirement. Ms. Carbone advised Members of Council that, during Sean Gadon's 30 years of service, he has advanced Council's goal on affordable housing. Giuliana Carbone spoke of Mr. Gadon's numerous accomplishments while at the City such as the first Rent Bank program, the Open Doors program, the conversion of the PanAm Athletes Village to affordable housing and the Housing Now program. Ms. Carbone invited Councillor Bailão to come forward. Councillor Bailão spoke of Mr. Gadon's work on affordable housing and his incredible service to the City. Councillor Bailão advised Members of Council that Mr. Gadon would often remind her that housing is about people and not bricks and mortar, and thanked Sean Gadon for his service to the City. Councillor Bailão invited Mayor Tory to come forward. Mayor Tory spoke of Sean Gadon's professionalism and that his achievements during his 30 years of service is a testament to his hard work. Mayor Tory presented a retirement scroll to Mr. Gadon. Speaker Nunziata advised Members of Council that Mr. Gadon, during the 1970's, had assisted in saving senior's housing from being demolished and thanked Sean Gadon for his assistance over the years. Mr. Gadon addressed City Council and thanked Members for their trust and confidence in him over the years. Sean Gadon thanked his parents who taught him to make a difference in whatever he chose to do. Mr. Gadon also thanked his mentors, his family and friends, his many provincial and federal counterparts, Councillor Bailão for her dedication to the people of Toronto, Giuliana Carbone, his staff, City staff and the many staff he has worked with during his career. December 18, 2019 Councillor Grimes, during the morning session of the meeting, congratulated Joe Casali, Director, Real Estate Services on his upcoming retirement. Speaker Nunziata, during the morning session of the meeting, welcomed the students from Tamwood International College who were present in the Chamber.
CC13.6amended
6040 Bathurst Street and 5 Fisherville Road - Zoning By-law Amendment Application
On February 28, 2017 the City Clerk's office received a notice of appeal to the Local Planning Appeal Tribunal (the "Tribunal" or "LPAT") filed by Fisherville and Bathurst Limited (the "Owner") in respect of an application to amend City of Toronto By-law 569-2013, as amended, and former City of North York By-law 7625, as amended, for the lands municipally known as 6040 Bathurst Street & 5 Fisherville Road (LPAT Case No. PL171014). The grounds for the appeal are City Council's failure to make a decision on the application prior to the lapsing of the statutory time period under the Planning Act. Direction from City Council is required on this matter which has been appealed to the Tribunal.
City Council on December 17 and 18, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor, as amended by motion 1 by Councillor James Pasternak. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended, and Confidential Appendices A, B, C, and D to the report (December 11, 2019) from the City Solicitor. 3. City Council direct the balance of Confidential Attachment 1 and Confidential Appendices E and F to the report (December 11, 2019) from the City Solicitor remain confidential as they contain advice that is subject to solicitor-client privilege. 4. City Council request the Chief Planner and Executive Director, City Planning or designate to consult with the Ward Councillor prior to the approval of the Construction Mitigation and Tenant Communication Plan to be provided by the owner pursuant to the Site Plan approval process for the proposed development. The confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor were adopted, as amended, by City Council and are now public, as follows: 1. City Council accept the Owner's offer to settle the subject appeal on the terms described in Confidential Appendix A to the report (December 11, 2019) from the City Solicitor and in substantial accordance with the block plan included as Confidential Appendix B to the report (December 11, 2019) from the City Solicitor and the architectural drawings included as Confidential Appendix C and Confidential Appendix D to the report (December 11, 2019) from the City Solicitor (collectively, the "Settlement Offer"), provided that the Owner confirm in writing, to the satisfaction of the City Solicitor in advance of a settlement hearing before the Local Planning Appeal Tribunal, that it agrees to pay the amount at section 16.a.iii of Confidential Appendix A to the report (December 11, 2019) from the City Solicitor prior to the issuance of the first below-grade shoring permit for the site, all subject to the Owner entering into the necessary Section 37 Agreements with the City and neighbouring land owners to secure both community benefits to be provided on-site and to financially secure the provision of public infrastructure within the block as shown on Confidential Appendix B to the report (December 11, 2019) from the City Solicitor at no cost to the City prior to the coming into force of legislative amendments under Bill 108 - More Homes, More Choices Act, 2019, Section 9 and Section 10 of Schedule 12. 2. City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in support of the development proposal as described in the Settlement Offer and subject to the direction provided in Part 1 above. 3. City Council authorize the City Solicitor and appropriate City staff to take all steps necessary to implement the terms of the Settlement Offer, at no cost to the City for any and all works that may be required to effect the development either on-site or on the City's property, including the review and approval of all matters described as preconditions to the Local Planning Appeal Tribunal issuing its final Order in connection with the subject appeal, and entering into and registering against title to the subject lands the described Agreements authorised pursuant to Section 37 of the Planning Act. 4. Subject to the Owner's failure to enter into the necessary Section 37 Agreements as on the terms described in Part 1 above, City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in opposition to the development proposal as described by the Settlement Offer. Confidential Appendices A, B, C, and D to the report (December 11, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 and Confidential Appendices E and F to the report (December 11, 2019) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.
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 authorize the public release of the recommendations in Confidential Attachment 1 and the information in Appendix A, Appendix B, Appendix C, and Appendix D to Confidential Attachment 1 in the event City Council adopts the recommendations in Confidential Attachment 1. 3. City Council direct the balance of Confidential Attachment 1, including Appendix E and Appendix F, remain confidential as it contains advice which is subject to solicitor-client privilege.
MM13.6adopted
At its meeting on October 29 and 30, 2019 City Council approved Item TE9.9, a re-zoning application for 96 Spadina Avenue and 379, 383, 385 and 391 Adelaide Street West. However, a technical error in Part 7.c. duplicated Section 37 contributions to community services and facilities, while removing contributions to the provision of new rental housing units as part of the Alexandra Park and Atkinson Housing Co-operative Revitalization. This Motion is a technical amendment to correct that error. Requires Re-Opening: This Motion requires a re-opening of Item TE9.9 (October 29 and 30, 2019) only as it pertains to Part 7.c. of City Council's decision.
City Council on December 17 and 18, 2019, adopted the following: 1. City Council amend its decision on Item TE9.9 by deleting Part 7.c. and replacing it with the following new Part c: c. prior to the issuance of the first above-grade building permit, a cash contribution of $80,000 towards the provision of new rental housing units as part of the Alexandra Park and Atkinson Housing Co-operative Revitalization, to be directed to the Capital Revolving Fund for Affordable Housing, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Mike Layton, recommends that: 1. City Council amend its decision on Item TE9.9. by deleting Part 7.c. and replacing it with the following new Part c: c. prior to the issuance of the first above-grade building permit, a cash contribution of $80,000 towards the provision of new rental housing units as part of the Alexandra Park and Atkinson Housing Co-operative Revitalization, to be directed to the Capital Revolving Fund for Affordable Housing, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.
RM13.6amended
City Council will review the Order Paper.
December 17, 2019: City Council adopted the December 17, 2019, Order Paper and all other Items not held on consent. December 18, 2019: City Council adopted the December 18, 2019, Order Paper.
CC13.7adopted
25 Fisherville Road - Zoning By-law Amendment Application - Request for Directions
On November 29, 2019 the City Clerk's office received a Notice of Appeal to the Local Planning Appeal Tribunal (the "Tribunal") in respect of IMH 25 Fisherville Ltd.'s (the "Owner") application to amend City of Toronto Zoning By-law 569-2013, as amended and the former City of North York By-law 7625, as amended, for the lands municipally known as 25 Fisherville Road. A copy of the Owner's Notice of Appeal is attached as Public Appendix A. The grounds for the appeal are City Council's failure to make a decision on the application prior to the lapsing of the statutory time period under the Planning Act. Direction from City Council is required on this matter which has been appealed to the Tribunal.
City Council on December 17 and 18, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in opposition to the owner's appeal and in support of City Council's adoption of the development proposal as described in Item NY8.1, adopted by City Council on October 2 and 3, 2019. 2. City Council direct the City Solicitor to enter into discussions with the Owner with any settlement conditional on City Council approval. 3. City Council direct the City Solicitor to report back to City Council with any settlement offers from the Owner for the purpose of receiving further instructions. The balance of Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1; 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1; and 3. City Council direct that the remaining confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.
MM13.7adopted
In June 2018, the Board of Management of the Toronto Entertainment District BIA approved a motion to pursue expansion of the Business Improvement Area west to Bathurst Street. A Boundary Expansion Subcommittee was established, in accordance with Section 19-2.2A of the Toronto Municipal Code ('the Code'). The Business Improvement Area hosted a Boundary Expansion public meeting on January 28, 2019 to explain the rationale for expanding the Business Improvement Area, describe the process involved, and determine the degree of interest. The meeting was well attended and the response was positive. Based on the feedback from this meeting, the Expansion Steering committee elected to proceed to a formal public consultation meeting as required under Section 19-2.2 (A)(3)(e) of the Code. To provide sufficient time for an expansion poll to be conducted in advance of the 2020 Business Improvement Area levy, the public meeting was scheduled for July 30, 2019. Proper notice of the formal public meeting was given in accordance with Section 19-2.2 (D) of the Code, however the meeting was attended by only five potential Business Improvement Area members from the expansion area. A vote was held to determine whether to proceed to an expansion poll. Two voted in favor, three were opposed. Subsection 19-2.2 (G) of the Code states that if the potential Business Improvement Area members vote against proceeding to an expansion poll at the formal public consultation meeting another formal meeting, cannot be held for a period of 2 years. Following the meeting, the Business Improvement Area canvassed businesses and property owners in the expansion area and determined that there is still strong support for expanding the Business Improvement Area . Based on poor attendance at the July 30, 2019 meeting, it is recommended that City Council waive the 2-year waiting period and direct the General Manager, Economic Development and Culture to hold a new formal public consultation meeting to consider the proposed expansion of the Toronto Entertainment District Business Improvement Area.
City Council on December 17 and 18, 2019, adopted the following: 1. Notwithstanding Chapter 19-2.2(G) of the Municipal Code, City Council direct the General Manager, Economic Development and Culture to hold a new public meeting to consider the expansion of the Toronto Entertainment District Business Improvement Area.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Kristyn Wong-Tam, recommends that: 1. Notwithstanding Chapter 19-2.2(G) of the Municipal Code, City Council direct the General Manager, Economic Development and Culture to hold a new public meeting to consider the expansion of the Toronto Entertainment District Business Improvement Area.
CC13.8deferred
2477879 Ontario Inc., 1579661 Ontario Inc., Clarieville Holdings Limited, and Frances Danyliw (together the "Applicant") own lands municipally known as 301-319 King Street West (the "Subject Site"). The Subject Site is located on the south side of King Street West, west of John Street. The Subject Site currently contains four 3-storey buildings with commercial uses at grade. Each of the properties that compose the Subject Site have recognized heritage value: The properties at 301-303, 315, and 319 King Street West are designated heritage properties and the property at 305, 309, and 311 King Street West has been listed. On April 4, 2013, the Applicant submitted a Zoning By-law Amendment application to the City proposing to amend former City of Toronto Zoning By-law 438-86 and City of Toronto Zoning By-law 569-2013 to permit the development of a 42-storey (174.6 metres in height, including mechanical penthouse) commercial building at 305-319 King Street West (the "Original Proposal"). The Original Proposal included office, hotel, and restaurant uses, as well as four levels of underground parking. Portions of the heritage buildings on the site were proposed to be retained and integrated into the 5-storey podium of the new building. The Original Proposal did not include any setbacks from the eastern property line, and therefore provided no tower separation to the neighbouring property. The total proposed gross floor area ("GFA") of the Original Proposal was 38,343 square metres, with a floor space index ("FSI") of 31.5. The tower floor plate proposed was 900 square metres. On December 3, 2017, the Applicant appealed the Application to the Ontario Municipal Board ("OMB") (now known as the Local Planning Appeal Tribunal ("LPAT")) as LPAT File No. PL171514. The first prehearing conference was held on October 3, 2018 before the LPAT. The second prehearing conference was held on May 13, 2019. In October 2019, as a result of discussions between the Applicant and City staff, the Applicant modified their application and submitted revised plans to the City dated October 28, 2019 (the "Revised Proposal"). The Revised Proposal (which now also includes the property at 301-303 King Street West) proposes a 50-storey mixed-use residential and commercial building, with a reduced total height of 157 metres. As part of the Revised Proposal the Applicant also proposed a revised heritage retention strategy regarding the existing heritage buildings included as part of the development and submitted an updated Heritage Impact Assessment ("HIA"), prepared by Philip Goldsmith Architect, dated October 25, 2019. On December 9, 2019, the Applicant's counsel, McMillan LLP, submitted to the City Solicitor a with prejudice settlement offer (the "Settlement Offer"). The Settlement Offer proposes a resolution of the LPAT appeal based on the Revised Proposal and further proposes to provide to the City a Section 37 cash contribution of $3.2 million to be put towards community benefits. The Revised Proposal and the Settlement Offer are described in further detail in the "Comments" section below. The Settlement Offer is included as Public Attachment 1 to this report. The architectural plans showing the Revised Proposal dated October 28, 2019 by Scott Shields Architects Inc. are included as Public Appendix 1 to Public Attachment 1 to this report. It should be noted that a related alterations report from Heritage Preservation Service ("HPS") dated October 29, 2019, is also intended to be considered by City Council at its meeting on December 17 and 18, 2019, as Item TE11.9 (the "Heritage Report"). The Heritage Report recommends that City Council approve alterations to the heritage properties on the Subject Site in accordance with Section 33 of the Ontario Heritage Act in order to permit a development pursuant to the Revised Proposal and the updated HIA, subject to certain conditions of approval. The Heritage Report also recommends that City Council designate the properties at 305, 309, and 311 King Street West under Part IV of the Ontario Heritage Act. The Heritage Report should be considered in conjunction with this report. A copy of the Applicant's letter to the Toronto and East York Community Council regarding Item TE11.9 and the Heritage Report is also included as Public Appendix 2 to Public Attachment 1 to this report. The purpose of this report is to request further instructions regarding the Settlement Offer in relation to the LPAT appeal. City Planning has been involved in the preparation of this report.
City Council on December 17 and 18, 2019, deferred consideration of Item CC13.8 to the January 29 and 30, 2020 meeting of 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 to this report, 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 which is subject to solicitor-client privilege.
MM13.8adopted
There is no number of deaths or serious injuries on our streets that is acceptable. Each one is preventable. As a City, we must prioritize and accelerate measures to make our streets safe and accessible for all road users, especially vulnerable pedestrians and cyclists. At its meeting of November 26 and 27, 2019, City Council authorized the installation of traffic control signals at the intersection of Bathurst Street and Wellington Street West (Item TE10.43). The traffic control signals will make it safe for pedestrians and cyclists to cross Bathurst Street at this location, and will eliminate dangerous vehicular maneuvers across busy traffic. Over the next five years, a number of capital construction projects are also planned in the immediate vicinity of this intersection, including road resurfacing, watermain replacement, and bike lane installation. Coordination of these projects and the traffic control signal installation presents an opportunity both to minimize local disruption and to implement additional road safety and traffic calming measures. As a standard element of any design process, looking at the wider local context and engaging with the community is critical. I am requesting that City staff coordinate the planning and construction of these planned improvements, review additional opportunities to improve safety at the same time, and engage with the local community on these matters.
City Council on December 17 and 18, 2019, adopted the following: 1. City Council request the General Manager, Transportation Services, with support from other divisions as needed, to: a. review and coordinate approved plans for capital construction in the vicinity of Bathurst Street and Wellington Street West, including the new traffic control signals approved by City Council (Item 2019.TE10.43), recognizing that safety improvements should be installed as soon as possible whenever they can stand alone or be achieved with interim measures; b. investigate opportunities to enhance safety for pedestrians, cyclists, and other vulnerable road users as part of the delivery of approved capital projects in the area; and c. engage with local residents and stakeholders on their existing concerns, in collaboration with the Ward Councillor, to inform changes to traffic operations such as turn restrictions that may be recommended.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Mike Layton, recommends that: 1. City Council request the General Manager, Transportation Services, with support from other divisions as needed, to: a. review and coordinate approved plans for capital construction in the vicinity of Bathurst Street and Wellington Street West, including the new traffic control signals approved by City Council (Item 2019.TE10.43), recognizing that safety improvements should be installed as soon as possible whenever they can stand alone or be achieved with interim measures; b. investigate opportunities to enhance safety for pedestrians, cyclists, and other vulnerable road users as part of the delivery of approved capital projects in the area; and c. engage with local residents and stakeholders on their existing concerns, in collaboration with the Ward Councillor, to inform changes to traffic operations such as turn restrictions that may be recommended.
CC13.9adopted
100 Wellesley Street East - Zoning By-law Amendment Application - Request for Directions
The applicant has appealed the proposed Zoning By-law to the Local Planning Appeal Tribunal (the "LPAT") due to Council's failure to make a decision on the applications within the time prescribed by the Planning Act (the "Appeal"). The appealed application proposes to amend the former City of Toronto Zoning By-law 438-86 and City-wide Zoning by-law 569-2013 to permit a 10-storey (36 metres, including mechanical penthouse) infill building along Jarvis Street in a 'U' shape configuration extending along Wellesley Street East to the south, Jarvis Street to the east, and Cawthra Square to the north. Along Wellesley Street East, the proposed new building steps down to a 7-storey building to the west and along Cawthra Square the addition steps down to a 6-storey addition to the west. A new non-residential space with an area of 457.7 square metres is proposed at the ground level on the corner of Jarvis Street and Wellesley Street East. The existing 28-storey rental apartment building containing 427 rental units on the site would be retained. The Appealed Application proposed a total of 12,087 square metres of gross floor area, a non-residential space with an area of 457.7 square metres is proposed at the corner of Wellesley Street East and Jarvis Street. A portion of this non-residential space is proposed to be used as the new rental office for the building with the remainder of the space proposed for commercial use. The existing floor space index of the site is 4.5 times the area of the lot and with the proposed building and townhouses; the total floor space index is proposed to be 6.3 times the area of the lot. In total, 128 new rental residential units are proposed. In total, including the existing units, the site would provide a total of 552 rental residential units. The associated Rental Housing Demolition application proposes to demolish 3 existing rental units and renovation of another 23 units. The 3 existing rental units proposed to be demolished (units 109, 110 and 204) are located on the ground and second floors. The demolition of the ground floor units is required to connect the ground floor interior hallways of the existing and proposed buildings. The second floor unit proposed to be demolished would be converted into an indoor amenity space. The 23 existing rental units proposed to be reconfigured and renovated are located on floors 2 through 13 on the eastern end of the building. The existing rental tenure in the existing building is 63 bachelor units, all with high-end rents; 267 one-bedroom units, where 256 units with mid-range rents and 11 units with high-end rents; and 106 two-bedroom units, where 95 units with mid-range rents and 11 units with high-end rents. On July 23, 2018, City Council directed the City Solicitor, along with appropriate staff, to oppose the application, in its current form, and oppose the Appeal. City Council also directed that staff continue to work with the applicant and seek revisions to the application.
City Council on December 17 and 18, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 10, 2019) 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 (December 10, 2019) 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 and Public Attachment 2 (the "Settlement Offer") to the report (December 10, 2019) from the City Solicitor and subject to Parts 2 to 5 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the Settlement Offer for the lands municipally known as 100 Wellesley Street East (the "Site"). 3. City Council direct that the following matters be secured in the Section 37 Agreement and/or Section 111 Agreement, where deemed appropriate by the City Solicitor, agreed to and/or required in support of the development of the Site including: a. a privately owned publicly accessible open space, not less than 820 square metres on the Site, as generally shown on Page A2.1 in Public Attachment 2 to the report (December 10, 2019) from the City Solicitor to the satisfaction of the Chief Planner and Executive Director, City Planning and that prior to the issuance of Site Plan Approval, the owner shall convey to the City, for nominal consideration and at no cost to the City, easement(s) along the surface of the privately owned publicly accessible open space lands, to the satisfaction of the City Solicitor; the Owner shall own, operate, maintain and repair the privately owned publicly accessible open space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly accessible open space at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately owned publicly accessible open space shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City, and such privately owned publicly accessible open spaces shall be designed to be seamlessly integrated with design and function of Barbara Hall Park; b. the improvements to the landscaped open space area along Wellesley Street East and Jarvis Street, south of the existing rental apartment building, the location of the existing landscaped open space is generally shown on Page A2.1 of Public Attachment 2 to the report (December 10, 2019) from the City Solicitor (the "Landscaped Open Space"), in an acceptable landscape plan satisfactory to the Chief Planner and Executive Director, City Planning and such improvements to the Landscaped Open Space on the Site be maintained as landscaped open space in perpetuity and such development and/or redevelopment be restricted on that portion of the Site as permitted by Part 4.a. below, such restriction on development on the Landscaped Open Space is also secured in the appropriate agreement(s); c. all existing rental units to be retained on Site, tenant relocation and assistance, and any other rental housing related matters in conformity with Chapter 667 of the Toronto Municipal Code and Policy 3.2.1.5 of the Official Plan, and the Owner has entered into and registered a Section 37 Agreement with the City incorporating language securing the above all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; d. any and all required replacement rental units on the Site are secured in conformity with Policy 3.2.1.6 of the Official Plan, if applicable; e. all existing rental units, together with the new and retained associated facilities and amenities of the existing rental apartment building, are secured for a period of at least 20 years commencing from the date of the Zoning By-laws coming into full force and effect and with no applications for demolition or conversion from residential rental use during such 20 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; f. the Owner providing improvements to the existing rental apartment building, all to the satisfaction of the Chief Planner and Executive Director, City Planning or designate, including but not limited to the following: i. the CPTED Security Measures identified in a preliminary report to be in a satisfactory form and content to the Chief Planner and Executive Director, City Planning, and such identified measures be implemented by the owner at the site plan approval stage to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. the improvements to the existing rooftop amenity space to be provided prior to any residential use of, and occupancy of, the proposed addition, satisfactory to Chief Planner and Executive Director, City Planning; iii. prior to any residential use and occupancy of the proposed addition, undertake an accessibility audit of the existing building and implement needed improvements to enhance accessibility within the existing building and throughout the Site satisfactory to Chief Planner and Executive Director, City Planning and the Owner; iv. prior to any residential use of, and occupancy of, the proposed addition, provide long-term bike parking located inside the existing building at Parking Level 1 and bike racks for short-term bike parking near the front entrances of the existing building satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services; and v. the costs associated with any improvements to the existing apartment building and associated spaces within and outside the existing apartment building, and improvements for the purpose of the proposed building addition, shall not be passed on to the tenants of the existing apartment building in any form, including by way of an application to the Landlord Tenant Board, or to any successor tribunal with jurisdiction to hear applications made under the Residential Tenancies Act, for the purpose of obtaining an increase in residential rent above the applicable guideline, or in the form of any additional costs and charges; g. the Owner shall provide residents of the existing rental building with access to all indoor and outdoor amenities within and adjacent to the proposed addition, at no extra charge to the tenants and with no pass-through cost to tenants of the existing building; access and the use of these amenities shall be on the same terms and conditions as any other resident of proposed addition, all to the satisfaction of the Chief Planner and Executive Director, City Planning; h. the Owner shall provide tenants currently residing in one of the existing rental dwelling units proposed to be renovated and reconfigured with tenant relocation and assistance to address hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; i. the Owner agrees to undertake the proposed renovations to the existing rental dwelling units to be reconfigured at their own expense and shall not pass on the cost associated with such renovations to returning tenants; the improvements to these rental dwelling units shall include, but not be limited to, additional living space, ensuite laundry and an additional bathroom, all to the satisfaction of the Chief Planner and Executive Director, City Planning; j. prior to the issuance of the first above grade building permit for the Development, the Owner shall provide, at its own expense, a Tenant Communication and Construction Mitigation Strategy to the satisfaction of, and acceptable to, the Chief Planner and Executive Director, City Planning, and such Tenant Communication and Construction Mitigation Strategy may be amended from time to time at the request of the Owner or the Chief Planner and Executive Director, City Planning to the satisfaction of the City; k. that the Owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate; l. the Owner obligation to implement the required mitigation measures from the accepted Noise and Vibration Study, Wind Study, Parking and Traffic Impact Study, Landscape Plan, through the Site Plan approval process for the Site to the satisfaction of the Chief Planner and Executive Director, City Planning; m. the Owner will secure matters such as materiality, articulation and design of the proposed addition, as well as site design (including the driveway access off of Wellesley Street East), landscape and streetscape treatment through the Site Plan approval process; and n. such matters identified in the Parts above, are to be implemented through the Site Plan Approval process for the Site. 4. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Local Planning Appeal 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, including provisions which shall stipulate the following: i. no development is permitted on the Landscaped Open Space, save and except for accessory structures meant to enhance the Landscaped Open Space, such as Gazebos or shade structures are permitted, and such space shall be maintained as landscaped open space; ii. securing vehicular parking requirements for the existing and new development, consistent with the existing parking on-site and bicycling parking rates consistent with the Toronto Green Standards; iii. a minimum of 10 percent of the units in the new addition will be 3 bedroom units, and a minimum of 30 percent of the units in the new addition will be 2 bedroom units; iv. the minimum separation distance between the existing building and the relevant portions of the proposed additions of 15.0 metres and 11.0 metres as shown on Public Attachment 2 to the report (December 10, 2019) from the City Solicitor; v. the maximum residential gross floor area will be 9,910 square metres; vi. the maximum number of residential dwelling units within the building additional will be 128 units and a maximum of 553 units shall be located on the Site; vii. there will be a minimum of 1.3 square metres of indoor amenity space per dwelling unit and a minimum of 2.45 square metres of outdoor amenity space per dwelling unit, as measured across the entirety of the Site; and viii. where feasible and viable, exploring the conversion of some existing parking spaces on Site to commercial parking spaces and, if feasible and viable, such are secured in the By-law; b. the Owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Storm Water Management Report and Hydro-geological Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; c. the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending By-law or any such required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services; d. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; e. the Owner has submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services; f. the Owner has submitted a Noise and Vibration Study, a Landscape Plan, preliminary CPTED Report, as well as a revised Wind Study and Rental Housing Demolition and Conversion application, acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; g. City Council, or as delegated under Chapter 667 of the Municipal Code, the Chief Planner and Executive Director, City Planning, has authorized the Rental Housing Demolition application under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act, as applicable, to demolish the existing rental dwelling units at 100 Wellesley Street East and, should Council and/or the Chief Planner and Executive Director, City Planning, authorize the application, that the Owner has entered into a Section 111 Agreement pursuant to Section 111 of the City of Toronto Act and registered such agreement on title to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning; h. the Owner has entered into a Section 37 agreement with the City that has been executed, and registered on title to the property all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor securing the matters described in Part 3 above as matters agreed to and/or required in support of the development of the Site; i. the Owner has withdrawn its appeal of Official Plan Amendment 352 and By-laws 1106-2016 and 1107-2016 as they related to the Site; and j. the Owner has withdrawn its appeal of Official Plan Amendment 320 as it relates to the Site, if applicable. 5. City Council authorize 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 (December 10, 2019) 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 (December 10, 2019) 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 (December 10, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the Report (December 10, 2019) 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 (December 10, 2019) 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.
MM13.9adopted
The Downtown Yonge area has seen, and will continue to experience, an unprecedented amount of growth over the next five years, along with necessary investments to replace aging infrastructure. This has made it challenging to coordinate projects with public and private parties that often need to occupy the same right-of-way and use the same arterial roadways for the delivery of their construction materials. Toronto is committed to achieving pedestrian and road safety through initiatives like Vision Zero. There are 26 projects already underway or commencing within the next year, which we are aware of, within the small geographic area between Bay Street, Mutual Street, College Street/Carlton Street and Queen Street. To achieve our vision, these projects require the coordination of multiple City divisions, private developers, local stakeholders and residents to ensure the safety of pedestrians and minimize the traffic impacts on local and arterial roads remains our top priority. Those projects include: 1. Yonge Street Watermain Reconstruction 2. Yonge Street Streetscape Improvements 3. College Station Upgrades 4. Shuter Street Streetscape Improvements 5. Ryerson University Public Realm Improvements 6. Hydro One Environmental Assessment on Edward Street and Gould Street 7. Gerrard Street Road Reconstruction 8. 8 Elm Street / 348-356 Yonge Street 9. 391 - 363 Yonge Street / 3 Gerrard Street East 10. 20 Edward Street 11. 260 Yonge Street 12. 2 Queen Street West 13. 15 Shuter Street / 178 Victoria Street 14. 30 Bond Street 15. 131 Victoria Street 16. 175 Elizabeth Street 17. 215 - 229 Church Street / 117 Dundas Street East 18. 193 - 201 Church Street 19. 60 Shuter Street / 187 - 189 Church Street 20. 139 - 149 Church Street 21. 60 - 64 Queen Street East / 131 - 135 Church Street 22. 88 Queen Street East / 10 Mutual Street 23. 280 - 290 Jarvis Street / 102-110 Gerrard Street East 25. 75, 77 and 83 Mutual Street 26. 59 - 71 Mutual Street
City Council on December 17 and 18, 2019, adopted the following: 1. City Council request the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning to immediately form a monthly working group with membership to include Engineering and Construction Services, Transportation Services, Toronto Hydro, Hydro One, Enbridge Gas, the Toronto Transit Commission, the McGill-Granby Village Resident's Association, the Garden District Residents Association, the Downtown Yonge Business Improvement Area, Ryerson University, Sick Kids Hospital, St. Michael's Hospital, Massey Hall, Cadillac-Fairview, Lanterra Developments Ltd., Pemberton Group, Conservatory Group, Lifetime Developments, Lalani Holdings Ltd., Sentinel (Church) Holdings Inc., Tribute Communities, Dream Development, Menkes Developments, St. Thomas Developments, Great Eagle Holdings, Cresford Developments, MOD Developments, Graywood Developments, CentreCourt, KingSett Capital, Northam Realty, the Ward Councillor and any additional stakeholders as required to facilitate the timely coordination of planned and future infrastructure and development in the area bounded by Bay Street, Mutual Street, College Street/Carlton Street and Queen Street.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Mike Layton, recommends that: 1. City Council request the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning to immediately form a monthly working group with membership to include Engineering and Construction Services, Transportation Services, Toronto Hydro, Hydro One, Enbridge Gas, the Toronto Transit Commission, the McGill-Granby Village Resident's Association, the Garden District Residents Association, the Downtown Yonge Business Improvement Area, Ryerson University, Sick Kids Hospital, St. Michael's Hospital, Massey Hall, Cadillac-Fairview, Lanterra Developments Ltd., Pemberton Group, Conservatory Group, Lifetime Developments, Lalani Holdings Ltd., Sentinel (Church) Holdings Inc., Tribute Communities, Dream Development, Menkes Developments, St. Thomas Developments, Great Eagle Holdings, Cresford Developments, MOD Developments, Graywood Developments, CentreCourt, KingSett Capital, Northam Realty, the Ward Councillor and any additional stakeholders as required to facilitate the timely coordination of planned and future infrastructure and development in the area bounded by Bay Street, Mutual Street, College Street/Carlton Street and Queen Street.