Toronto City Council
The full agenda, as filed
All 25 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.
BL16.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills. Consolidated Bills Index for February 26, 2020 City Council Meeting: http://app.toronto.ca/tmmis/viewBillBylaw.do?meeting=2020.CC16
City Council on February 26, 2020, enacted By-laws 207-2020 to 247-2020.
CC16.1amended
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 February 26, 2020, 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 Cressy. 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, as amended by motion 1 by Councillor Cressy. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 11, 2019) 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 (December 11, 2019) from the City Solicitor, as amended by motion 1 by Councillor Cressy, were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated December 9, 2019 in Public Attachment 1 to the report (December 11, 2019) from the City Solicitor and as shown on the architectural plans dated October 28, 2019 in Public Appendix 1 to Public Attachment 1 to the report (December 11, 2019) from the City Solicitor, 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 Revised Proposed as set out in the Settlement Offer. 3. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act securing as a community benefit an indexed cash contribution of $3,200,000.00 to be paid by the owner prior to the issuance of the first above-grade building permit for the proposed development which is to be allocated for community services and facilities in Ward 10 at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor and to secure other matters of legal convenience, all to the satisfaction of the City Solicitor. 4. City Council authorize the City Solicitor to secure as a matter of legal convenience in the Section 37 agreement referred to in Part 3 above a requirement that the Applicant will use best commercial efforts to provide at least three commercial restaurant uses on the ground floor of the subject site, all to the satisfaction of the City Solicitor. 5. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment application until such time as the Tribunal has been advised by the City Solicitor that: a. the proposed zoning by-law amendments are in a form satisfactory to the Chief Planning and Executive Director, City Planning, and the City Solicitor; b. all outstanding comments set out in the Engineering and Construction Services memorandum dated February 9, 2019, including the necessary revisions to Functional Servicing Report and Stormwater Management Report, have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has entered into the necessary agreements requiring the owner to pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; d. the City and the owner have entered into and registered on title to the Subject Site a Section 37 Agreement securing the community benefits referenced in Part 3 above, and other matters of legal convenience, all to the satisfaction of the City Solicitor; e. the owner has provided a detailed Conservation Plan prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for the properties at 301-303, 305, 309, and 311, 315, and 319 King Street West prepared by Phillip Goldsmith Architect dated October 25, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services; f. the owner has entered into a Heritage Easement Agreement with the City for the properties at 301-303, 305, 309, and 311, 315, and 319 King Street West substantially in accordance with the architectural plans dated October 28, 2019 included as Public Appendix 1 to Public Attachment 1 to this report and in accordance with the Conservation Plan required in Part 5.e above, to the satisfaction of the Senior Manager, Heritage Preservation Services, and with such agreement to be registered on title to the Subject Site to the satisfaction of the City Solicitor; g. the owner has received approval from City Council to alter the Subject Site pursuant to Section 33 of the Ontario Heritage Act; h. the owner has withdrawn its appeal(s) of the King-Spadina Heritage Conservation District Plan, as they relate to the 301-319 King Street West, upon the Local Planning Appeal Tribunal order allowing the appeal in part of the Zoning By-law Amendments, bringing such By-laws into force, and if not an appellant, but rather a party to such appeals, the owner shall withdraw as a party and not seek any party or participant status on the appeals; and i. the owner has withdrawn its site-specific appeals of Official Plan Amendment 352 and By-laws 1106-2016 and 1107-2016 as they relate to 301-319 King Street West. The balance of Confidential Attachment 1 to the report (December 11, 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 that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (December 11, 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 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.
MM16.1adopted
This Motion will give the City Solicitor direction to attend the Toronto Local Appeal Body in order to support the appeals of the Committee of Adjustment's decision granting certain variances sought in an application respecting 22 Lewes Crescent (Application A0700/19NY) and authority to retain necessary professionals in support of that position. The Application sought variances to the City's Zoning By-law 569-2013 and By-law 7625 in order to construct a new dwelling. In a report dated January 7, 2020, Community Planning recommended modifications to the Application, to reduce a requested variance for building height from 9.33 to 8.5 metres and to reduce the requested variance for building height under the North York Zoning By-law from 9.19 to 8.64 metres. Further, staff recommended that should the Application be granted, that it should be granted on the condition that the dwelling to be built in accordance with the drawings attached to the staff report. On January 16, 2020, the North York Panel of the Committee of Adjustment granted the Application with the heights as recommended by staff, along with the recommended condition. On February 4, 2020, the three owners of nearby properties (28 and 30 Lewes Crescent as well as 1 Saint Aubyns Crescent) each appealed the decision to the Toronto Local Appeal Body. The appeals, which will be considered by the Toronto Local Appeal Body, seek to have the approval of the Application overturned on the grounds that the variances do not meet the four tests under the Planning Act and would result in overdevelopment of the site.
City Council on February 26, 2020, adopted the following: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body in order to support the appeals of the Committee of Adjustment's decision to approve the minor variances requested in Application A0700/19NY regarding 22 Lewes Crescent. 2. City Council authorize the City Solicitor to retain any such professionals as may be necessary to provide evidence in support of the appeals. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the appeals, and City Council 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 of Community Planning, North York District.
Staff recommendation as filed
Councillor Jaye Robinson, seconded by Councillor Gary Crawford, recommends that: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body in order to support the appeals of the Committee of Adjustment's decision to approve the minor variances requested in Application A0700/19NY regarding 22 Lewes Crescent. 2. City Council authorize the City Solicitor to retain any such professionals as may be necessary to provide evidence in support of the appeals. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the appeals, and City Council 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 of Community Planning, North York District.
RM16.1adopted
- O Canada - Moment of Silence - Declarations of Interest under the Municipal Conflict of Interest Act
CALL TO ORDER: 9:38 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. Wednesday, February 26, 2020 Members of Council observed a moment of silence and remembered: Frank Lewis Rodriguez, and Bruno Suppa 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.
CC16.2adopted
Appointment to the Planning and Housing Committee
Councillor Robinson has resigned from the Planning and Housing Committee. The City Clerk recently canvassed Members for their interest in being appointed to fill this vacancy. The City Clerk has advised me that Councillor Karygiannis and Councillor McKelvie have expressed their interest. In the normal course, the City Clerk would report the canvass results to the Striking Committee. However, the Striking Committee does not meet until March 3, 2020. As the Planning and Housing Committee has already been without a full membership for several meetings, City Council should fill this vacancy as soon as possible.
City Council on February 26, 2020, adopted the following: City Council appoint Councillor Jennifer McKelvie to the Planning and Housing Committee for a term of office ending on December 31, 2020, and until a successor is appointed.
Staff recommendation as filed
I recommend that Council appoint Councillor Jennifer McKelvie to the Planning and Housing Committee for a term of office ending on December 31, 2020, and until a successor is appointed.
MM16.2adopted
The owner of the lands municipally known as 1957 - 1961 Kennedy Road and 7 - 9 Progress Avenue applied to the Scarborough Panel of the Committee of Adjustment for variances to the former City of Scarborough By-law 24982 in order to facilitate the conversion of the basement and an adjacent unit within the Subject Property to restaurant use. The changes requested through the Application are interior alterations and renovations that maintain the floor area of the existing buildings, as well as the existing surface area of the parking lot. One variance was sought for the number of parking spaces, and two were sought for relief from gross floor area restrictions. In an email from Transportation Services on December 3, 2019 (Attachment 1), the City indicated that a parking study would be required in order to justify the variance to the parking requirement. No parking study was provided by the applicant to the Committee in advance of the hearing. The Committee approved the Application on February 13, 2020 (Attachment 2). The last day to appeal the Committee's Decision is March 4, 2020. This Motion will confirm and authorize the City Solicitor's appeal of the Committee'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'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.
City Council on February 26, 2020, adopted the following: 1. City Council confirm and authorize the City Solicitor's appeal of the Committee of Adjustment, Scarborough Panel to oppose the approval of the applicant's proposed development at 1957 - 1961 Kennedy Road under Application A0284/19SC. 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 Michael Thompson, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council confirm and authorize the City Solicitor's appeal of the Committee of Adjustment, Scarborough Panel to oppose the approval of the applicant's proposed development at 1957 - 1961 Kennedy Road under Application A0284/19SC. 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.
RM16.2adopted
City Council will confirm the Minutes from the regular meeting held on January 29, 2020, and the special meeting held on February 19, 2020.
City Council confirmed the Minutes of Council from the regular meeting held on January 29, 2020 and the special meeting held on February 19, 2020.
CC16.3adopted
Toronto Hydro Board - Appointment of Public Members
The Corporations Nominating Panel will conduct interviews and recommend eight public members, including a Chair, for appointment to the Toronto Hydro Board.
City Council on February 26, 2020, adopted the following: 1. City Council appoint the following candidates to the Toronto Hydro Board, at pleasure of Council, for a term of office starting March 5, 2020 and ending March 5, 2022, continuing to serve until successors are appointed: David McFadden, as Chair George Cooke Tamara Kronis Juliana Lam Michael Nobrega Mary Ellen Richardson Howard Wetston Heather Zordel 2. City Council direct that Confidential Attachments 1 to 6 to the report (February 6, 2020) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Hydro Board. Confidential Attachments 1 to 6 to the report (February 6, 2020) from the City Clerk remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Hydro Board.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Corporations Nominating Panel. The Corporations Nominating Panel recommends that: 1. City Council appoint the following candidates to the Toronto Hydro Board, at pleasure of Council, for a term of office starting March 5, 2020 and ending March 5, 2022, continuing to serve until successors are appointed: David McFadden, as Chair George Cooke Tamara Kronis Juliana Lam Michael Nobrega Mary Ellen Richardson Howard Wetston Heather Zordel 2. City Council direct that Confidential Attachments 1 to 6 to the report (February 6, 2020) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Hydro Board. Candidates' biographies: George Cooke George Cooke, BA (Hons), MBA is currently Board Chair at OMERS Administration Corporation and a former Chair at Ontario Lottery and Gaming Corporation. He is also a former Director of Hydro One and Atomic Energy Canada Limited and currently volunteers on MaRS Energy Board. George was the CEO of The Dominion of Canada General Insurance Company for over 20 years, he retired in 2012. He now serves as a Corporate Director, volunteers at Queen's University, Loran Scholarship Foundation, Spinal Cord Injury Ontario and sits as a Governor of Curling Canada. Tamara Kronis Tamara Kronis is a Toronto-based entrepreneur, goldsmith and lawyer. She is currently the Founder and CEO of Studio1098, a custom fine jewellery design manufacturer based in Toronto. Ms. Kronis worked as a commercial lawyer whose practice included several transactions related to the Ontario energy market. Her past experience includes positions as Legal Counsel, Vertex Outsourcing, Associate Lawyer at Torys LLP, Director of Advocacy at EGALE Canada and Trial Assistant, United Nations (ICTY). Juliana Lam Ms. Lam has extensive executive level global financial management experience in diverse industries including mining, manufacturing, services and distribution. Most recently, she retired from CPA Ontario as their Executive VP and COO. Previously, she was the Executive VP and CFO of Uranium One Inc, Senior VP Finance of Kinross Gold Corporation, CFO of Nexans Canada, and has held senior roles within other publicly traded companies. Ms. Lam is a CPA, CA, MBA as well as a Certified Director (ICD.D). David McFadden David McFadden is the Chair of the Board of Directors of Toronto Hydro Corporation, 407 International Inc. and PCI Geomatics Inc. He serves as a member of the Board of Directors of Cricket Energy Holdings Inc. and Makwa Development Corporation. David is also Chair of the Energy Transformation Network of Ontario, a member of the MaRS Energy Board and a member of the Council for Clean and Reliable Energy. He served previously as the Chair of the Board of the Ontario Energy Association. David was a partner at Gowling WLG for over 30 years where he acted for corporations, municipalities and utilities involved in the generation, distribution, transmission, marketing and financing of energy. Michael Nobrega A graduate of the University of Toronto, a professional accountant with a FCA designation and former partner of Arthur Andersen. Retired President and CEO of OMERS, former Chair of the Ontario Centres of Excellence, Chair of the Centre for the Commercialization of Regenerative Medicine, Chair of Toronto Hydro's Audit Committee, former panel member of three Provincial Expert Panels with two as the Chair and recently served as Interim President and CEO of Waterfront Toronto, a tripartite public sector corporation with a mandate to revitalize Toronto's waterfront lands. Mary Ellen Richardson Ms. Richardson's corporate career in the energy sector spans 30 years. Most recently, she has held executive and operating responsibility for corporate strategic and operation planning, program design and delivery, legal and regulatory affairs, corporate communication, stakeholder engagement, and government liaison activities. She has extensive knowledge of customer energy requirements, as week as Canadian municipal energy and sustainability goals. Howard Wetston The Hon. Howard Wetston (Ontario) was appointed to the Senate of Canada on November 10, 2016. He was CEO of the OSC from 2010-15; Vice-Chair from 1999-2004; and Chair of the Ontario Energy Board from 2003-10. The Senator served as a Judge of the Federal Court of Canada, Trial Division, from 1993-99. He was Canada's Commissioner of Competition; a member of the Shannon School of Business Advisory Board at Cape Breton University; and is a Senior Fellow of the C.D. Howe Institute. In 2016, Senator Wetston was awarded the Order of Canada for his significant contributions as a public servant, jurist and regulator. Heather Zordel Heather Zordel has been a Board Member of Toronto Hydro Corporation since December 2015. She is a member of the THC Audit Committee and Chair of THC's street-lighting subsidiary Toronto Hydro Energy Services Inc. She is a corporate law partner at Gardiner Roberts LLP, a part-time Commissioner of the Ontario Securities Commission, Chair of the Condominium Authority of Ontario and Co-director of the Osgoode LL.M. (Securities) program. She is a former Bencher of the Law Society of Ontario.
MM16.3adopted
Nia Centre for the Arts Incorporated is a Below Market Rent tenant of a City-owned building located at 524 Oakwood Avenue in Ward 12. In May, 2014, Nia Centre entered into a 10-year Below Market Rent lease agreement for approximately half of the building. Nia Centre has requested that the Agreement be amended to increase the square footage of its leased premises by approximately 7,069 square feet, for a total of area of approximately 14,139 square feet. As of November, 2016, Nia Centre began occupying and providing services from the entire building. A lease amending agreement has not yet been executed to reflect this change. Securing authority for this lease amending agreement is time-sensitive by virtue of substantial funding which has been secured by Nia Centre to complete leasehold improvements. This funding is contingent upon renovation work beginning promptly, and so Nia Centre plans to begin its renovation work as early as March, 2020. Nia Centre will complete leasehold improvements to the entire building, valued at a minimum of $3,050,000, by the end of the existing lease term (April 30, 2024). These leasehold improvements will help support programming objectives of Nia Centre and improved service delivery to the Oakwood-Vaughan community. Nia Centre has provided the City with documentation confirming the availability of this funding, and Corporate Real Estate Management is working collaboratively with Nia Centre to ensure the coordination of the leasehold improvements with State of Good Repair work for the building that the City will complete as part of its current 10-year State of Good Repair plan. The timeline for completion of the leasehold improvements and the financial value thereof has changed since the Agreement was executed in 2014 ($2.2 million dollars by the end of the lease term), and when authority was previously sought for this lease amending agreement in 2016 ($3.6 million dollars by December 31, 2018). Nia Centre will also be required to participate in a repayment plan satisfactory to the Executive Director, Corporate Real Estate Management and the Controller, Finance and Treasury Services to reconcile operating expenses in the amount of approximately $46,000 that were incurred by the City since the time when the Agreement was executed (May, 2014) as a result of clerical omissions on the part of the City. Nia Centre will be responsible for operating expenses for the entire building for the remainder of the lease term. Though authority was previously granted by City Council in 2016 for a similar lease amending agreement with Nia Centre, new authority is needed by virtue of the revised leasehold improvement requirement (a minimum of $3,050,000 by April 30, 2024) and the repayment plan. On November 7, 8 and 9, 2017, City Council adopted the report titled Community Space Tenancy Policy. The Community Space Tenancy Policy provides that existing Below Market Rent lease agreements will be updated within five years of the Community Space Tenancy Policy coming into effect on January 1, 2018, or as they expire or come up for renewal. Accordingly, following expiry of the existing lease term on April 30, 2024, any further below market rent lease agreements with Nia Centre would be considered under the Community Space Tenancy Policy.
City Council on February 26, 2020, adopted the following: 1. City Council authorize the City of Toronto to enter into a Below Market Rent Lease Amending Agreement with Nia Centre For the Arts Incorporated, pursuant to the Below Market Rent Policy, substantially on the major terms and conditions set out in Appendix A to Motion MM16.3 as provided by the Executive Director, Social Development, Finance and Administration and the Executive Director, Corporate Real Estate Management, and including such other terms as deemed appropriate by the Executive Director, Social Development, Finance and Administration, and the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor. 2. City Council individually authorize each of the Deputy City Manager, Corporate Services, and the Executive Director, Corporate Real Estate Management, or their designate, to execute the Below Market Rent Lease Amending Agreement referenced in Part 1 above and any related documents on behalf of the City of Toronto, as required.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Colle, recommends that: 1. City Council authorize the City of Toronto to enter into a Below Market Rent Lease Amending Agreement with Nia Centre For the Arts Incorporated, pursuant to the Below Market Rent Policy, substantially on the major terms and conditions set out in Appendix A to this Motion as provided by the Executive Director, Social Development, Finance and Administration and the Executive Director, Corporate Real Estate Management, and including such other terms as deemed appropriate by the Executive Director, Social Development, Finance and Administration, and the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor. 2. City Council individually authorize each of the Deputy City Manager, Corporate Services, and the Executive Director, Corporate Real Estate Management, or their designate, to execute the Below Market Rent Lease Amending Agreement referenced in Recommendation 1 above and any related documents on behalf of the City of Toronto, as required.
RM16.3adopted
Deferred Committee Items: Toronto and East York Community Council Item TE11.9 Toronto and East York Community Council Item TE12.7 Report of the Planning and Housing Committee from Meeting 13 on February 12, 2020 Submitted by Councillor Ana Bailão, Chair Report of the Etobicoke York Community Council from Meeting 13 on February 5, 2020 Submitted by Councillor Mark Grimes, Chair Report of the North York Community Council from Meeting 13 on February 5, 2020 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 13 on February 5, 2020 Submitted by Councillor Jim Karygiannis, Chair Report of the Toronto and East York Community Council from Meeting 13 on February 5, 2020 Submitted by Councillor Gord Perks, Chair New Business submitted by the Mayor and City Officials
The Planning and Housing Committee Report, Community Council Reports and New Business were presented to City Council for consideration.
CC16.4adopted
Office of the Integrity Commissioner - 2019 Annual Report
The Integrity Commissioner reports annually to City Council on the work of the Office. This Report for Action transmits to City Council the Commissioner's 2019 Annual Report.
City Council on February 26, 2020, adopted the following: 1. City Council receive the 2019 Annual Report of the Office of the Integrity Commissioner for information.
Staff recommendation as filed
The Integrity Commissioner recommends that: 1. City Council receive the 2019 Annual Report of the Office of the Integrity Commissioner for information.
MM16.4adopted
On February 6, 2020, the North York Panel of the Committee of Adjustment approved an Application brought by the owner of 36 George Henry Boulevard for a minor variance pertaining to the stable top-of-bank setback in order to construct a two story addition to the front of the dwelling and second story addition above the existing garage and family room. The Application was initially presented as containing three dwelling units, including the main unit, a secondary suite in the basement and a self-contained unit over the garage with access through a side door. The inclusion of a third unit resulted in variance to permit a duplex where it is not permitted by the Zoning By-law. In a report from the Director, Community Planning, North York District dated November 13, 2019, Community Planning Staff identified that the Applicant would be seeking an adjournment to address the duplex variance. The Application was deferred. The Application was revised to, amongst other things, provide for access to the addition above the garage from the main unit, such that it is no longer considered a self-contained dwelling unit. As revised, the Application was approved by the Committee of Adjustment on February 6, 2020. Despite these revisions, there are outstanding concerns that the addition above the garage will be used as a third dwelling unit. This Motion will authorize the City Solicitor to appeal the Application to the Toronto Local Appeal Body, to attend the Toronto Local Appeal Body in opposition to the Application, and to secure the necessary authorization and resources to support the City's appeal.
City Council on February 26, 2020, adopted the following: 1. City Council direct the City Solicitor to appeal the Committee of Adjustment's decision in Application A0648/19NY respecting 36 George Henry Boulevard. 2. City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto Local Appeal Body hearing to oppose Application A0648/19NY respecting 36 George Henry Boulevard. 3. City Council authorize the City Solicitor to retain outside consultants as necessary. 4. City Council authorize the City Solicitor to negotiate a settlement of the appeal of Application A0648/19NY respecting 36 George Henry Boulevard and 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 with the Director of Community Planning, North York District.
Staff recommendation as filed
Councillor Shelley Carroll, seconded by Councillor Kristyn Wong-Tam, recommends that: 1. City Council direct the City Solicitor to appeal the Committee of Adjustment's decision in Application A0648/19NY respecting 36 George Henry Boulevard. 2. City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto Local Appeal Body hearing to oppose Application A0648/19NY respecting 36 George Henry Boulevard. 3. City Council authorize the City Solicitor to retain outside consultants as necessary. 4. City Council authorize the City Solicitor to negotiate a settlement of the appeal of Application A0648/19NY respecting 36 George Henry Boulevard and 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 with the Director of Community Planning, North York District.
RM16.4received
Members of Council may file petitions.
City Council on February 26, 2020, received the following petition for information: 1. Petition headed "Mayor Tory and City Council: Declare Homelessness an Emergency to Prevent More Deaths and Suffering", submitted by Councillor Josh Matlow, Ward 12, Toronto-St. Paul's, containing the names of approximately 10,000 persons. 2. Petition headed "Mayor Tory and City Council: Declare Homelessness an Emergency to Prevent More Deaths and Suffering", submitted by Councillor Kristyn Wong-Tam, Ward 13, Toronto Centre, containing the names of approximately 5,000 persons. 3. Petition headed "Mayor Tory and City Council: Declare Homelessness an Emergency to Prevent More Deaths and Suffering", submitted by Councillor Gord Perks, Ward 4, Parkdale-High Park, containing the names of approximately 5,000 persons. 4. Petition headed "Mayor Tory and City Council: Declare Homelessness an Emergency to Prevent More Deaths and Suffering", submitted by Councillor Shelley Carroll, Ward 17, Don Valley North, containing the names of approximately 10,000 persons.
CC16.5amended
On August 11, 2015, applications were submitted to the City to amend the Official Plan and Zoning By-law to permit two 4-storey apartment buildings on two blocks containing 48 residential units, with two levels of underground parking. A Site Plan Control Application was also submitted. The proposed gross floor area was 5,420 square metres, resulting in an FSI of 1.95. The applications were appealed to the former Ontario Municipal Board (OMB) due to Council's failure to make a decision within the time prescribed by the Planning Act and a Request for Direction Report (May 26, 2016) from the Director, Community Planning, North York District, was considered by City Council at its meeting on July 12, 13, 14 and 15, 2016. The report recommended that City Council authorize City staff to oppose the applications in their current form and continue discussions with the applicant. A hearing before the OMB was scheduled for August 30, 2016, but was adjourned at the request of the applicant. In response to comments by City staff the proposed development was amended significantly, as two apartment buildings were no longer proposed. Instead, 16 townhouses were proposed fronting onto Bayview Avenue, along with a detached dwelling fronting on Hollywood Avenue and a detached dwelling fronting on Elmwood Avenue. A 3-day hearing at the Local Planning Appeal Tribunal is scheduled to start on April 14, 2020. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting on February 27, 2020.
City Council on February 26, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor, as amended by motion 1 by Councillor Filion. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor, as amended by motion 1 by Councillor Filion, and City Council direct that the balance of Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor, as amended by motion 1 by Councillor Filion, were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor, together with City Planning staff to attend the Local Planning Appeal Tribunal hearing in support of the revised Zoning By-law Amendment and Site Plan Control applications for the lands at 2932 - 2942 Bayview Avenue. 2. Should the Local Planning Appeal Tribunal approve the Zoning By-law Amendment application, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Orders on the Zoning By-law Amendment appeals for the subject lands until such time as: a. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the City; and b. the Owner addresses the outstanding items outlined in the memorandum from Engineering and Construction Services dated December 17, 2019, revised to January 24, 2020 and February 12, 2020, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 3. Should the Local Planning Appeal Tribunal approve the Site Plan Control application, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order on the Site Plan Control appeal until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. all Site Plan Control approval conditions have been finalized in a form satisfactory to the Chief Planner and Executive Director, City Planning; and b. the Applicant has satisfied all pre-approval conditions of Site Plan Control approval, including the execution and registration of a Site Plan Agreement with the City pursuant to Section 41 of the Planning Act and Section 114 of the City of Toronto Act, 2006 to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor. 4. City Council direct City Planning staff, prior to the April 14, 2020 hearing date, to consult with area residents who have made inquiries to City Planning about the proposed development, and the local Councillor, about any site plan control issues residents may have, and to consider these issues when resolving the outstanding site plan matters with the Applicant. 5. City Council authorize the City Solicitor and City Staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 20016, as it contains information that is subject to solicitor-client privilege.
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 Council, then City Council authorize the public release of the recommendations 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).
MM16.5adopted
At its meeting of July 8 to 11, 2014, Toronto City Council adopted Item EY34.2, approving the recommendations of the Report of the Director, Community Planning, Etobicoke York District to enact a proposed Zoning By-law amendment for the lands at 64-70 Cordova Avenue to permit a development proposing 1,200 residential units in three apartment towers of 45, 38 and 35 storeys, together with 711 square metres of retail space. Council's approval required a Section 37 Agreement to be entered into with the owner to secure a number of community benefits. A Section 37 Agreement was entered into between the City and The Residences of Islington Terrace Inc. on February 3rd, 2016 and registered on title as Instrument AT478979. The Residences of Islington Terrace are to be constructed in three phases: Development Phase 1, Development Phase 2 and Development Phase 3. A staircase and ramp for the purpose of pedestrian connection is to be constructed and made open to the public prior to condominium registration of the Development Phase 1 lands. Due to unforeseen delays in construction due to hardship with the contractor and inclement weather, the Staircase will not be fully constructed and open to the public until after the intended date of condominium registration of the Development Phase 1 lands. A request has been made by the developer to delay the completion and opening of the Staircase to the condominium registration of the Development Phase 2 lands. This will enable condominium registration of the Development Phase 1 lands to occur without construction being completed on the Staircase. City staff do not have a concern with this request and the Section 37 Agreement should be amended accordingly.
City Council on February 26, 2020, adopted the following: 1. City Council authorize the following amendments to the Section 37 Agreement between The Residences of Islington Terrace Inc. and the City of Toronto, registered as instrument number AT4748979 on December 1, 2017: a. Section 4.1.3 is deleted and replaced with the following: 4.1.3 The Owner shall construct the Staircase to the extent necessary to provide for its use for public pedestrian purposes and it shall be opened for such purposes subject to the City's notification that it may be so opened pursuant to Section 20 of Schedule G hereto prior to the condominium registration of the Development Phase 2 lands. The City will permit access, including temporary occupancy, to City-owned lands in the vicinity, including proportions of a public road allowance, for the purposes of such construction. b. New clauses are added to Section 4.1: 4.1.10 The Owner agrees to be responsible for the irrigation, maintenance and/or replacement (as and when necessary) of all shrubs, plants, flowers and any other soft-landscaping elements or materials comprising part of (or situated within) the Staircase, including the fertilization, weeding and pruning thereof, and the replacement of any dead or decayed plants, as well as the removal of any garbage, litter and/or debris from the Staircase (with all of said obligations being hereinafter collectively referred to as the "Plant Maintenance and Irrigation Obligations") until such time as the Owner registers a condominium corporation on the Development Phase 3 lands, and to cause any condominium corporation registered by the Owner, or their successors and heirs, on the Lands, to assume all of the Plant Maintenance and Irrigation Obligations. 4.1.11 All condominium corporations registered on the Lands shall be obliged to pay (and be jointly and severally liable for) all costs and expenses incurred from time to time in connection with the performance and fulfillment of the Plant Maintenance and Irrigation Obligations to the satisfaction of the City of Toronto. c. Schedule D is amended by replacing Drawing L620, to include notes and details on plant maintenance and irrigation responsibilities to be assumed by the Owner. 2. City Council authorize Community Planning staff to collect a financial guarantee from the Owner, prior to the condominium registration of the Development Phase 1 lands, in the form of an irrevocable Letter of Credit or certified cheque, made payable to the Treasurer, City of Toronto, to secure an irrigation system in the amount of $18,204 to the satisfaction of the Director, Community Planning, Etobicoke District. 3. City Council authorize the changes to Drawing L620 to be substantially in accordance with and reflect the approved drawings as part of Site Plan Application File 14 255048 WET 05 SA, in a form satisfactory to the Director of Community Planning, Etobicoke York District. 4. City Council authorize the necessary City staff to execute the amending Section 37 Agreement.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Frances Nunziata, recommends that: 1. City Council authorize the following amendments to the Section 37 Agreement between The Residences of Islington Terrace Inc. and the City of Toronto, registered as instrument number AT4748979 on December 1, 2017: a. Section 4.1.3 is deleted and replaced with the following: 4.1.3 The Owner shall construct the Staircase to the extent necessary to provide for its use for public pedestrian purposes and it shall be opened for such purposes subject to the City's notification that it may be so opened pursuant to Section 20 of Schedule G hereto prior to the condominium registration of the Development Phase 2 lands. The City will permit access, including temporary occupancy, to City-owned lands in the vicinity, including proportions of a public road allowance, for the purposes of such construction. b. New clauses are added to Section 4.1: 4.1.10 The Owner agrees to be responsible for the irrigation, maintenance and/or replacement (as and when necessary) of all shrubs, plants, flowers and any other soft-landscaping elements or materials comprising part of (or situated within) the Staircase, including the fertilization, weeding and pruning thereof, and the replacement of any dead or decayed plants, as well as the removal of any garbage, litter and/or debris from the Staircase (with all of said obligations being hereinafter collectively referred to as the "Plant Maintenance and Irrigation Obligations") until such time as the Owner registers a condominium corporation on the Development Phase 3 lands, and to cause any condominium corporation registered by the Owner, or their successors and heirs, on the Lands, to assume all of the Plant Maintenance and Irrigation Obligations. 4.1.11 All condominium corporations registered on the Lands shall be obliged to pay (and be jointly and severally liable for) all costs and expenses incurred from time to time in connection with the performance and fulfillment of the Plant Maintenance and Irrigation Obligations to the satisfaction of the City of Toronto. c. Schedule D is amended by replacing Drawing L620, to include notes and details on plant maintenance and irrigation responsibilities to be assumed by the Owner. 2. City Council authorize Community Planning staff to collect a financial guarantee from the Owner, prior to the condominium registration of the Development Phase 1 lands, in the form of an irrevocable Letter of Credit or certified cheque, made payable to the Treasurer, City of Toronto, to secure an irrigation system in the amount of $18,204 to the satisfaction of the Director, Community Planning, Etobicoke District. 3. City Council authorize the changes to Drawing L620 to be substantially in accordance with and reflect the approved drawings as part of Site Plan Application File 14 255048 WET 05 SA, in a form satisfactory to the Director of Community Planning, Etobicoke York District. 4. City Council authorize the necessary City staff to execute the amending Section 37 Agreement.
RM16.5received
Presentations, Introductions and Announcements
Various presentations and announcements will be made at the City Council meeting.
No presentations, introductions or announcements were made to City Council on February 26, 2020.
CC16.6amended
450 Richmond Street West Limited (the "Applicant") is the owner of the property municipally known as 444-450 Richmond Street West (the "Subject Site"), located on the north side of Richmond Street West, west of Spadina Avenue. The Subject Site is currently vacant land being used for construction staging for the development on the adjacent property at 452 Richmond Street West. On July 5, 2017, the Applicant submitted a Zoning By-law Amendment applicantion to the City proposing to amend the former City of Toronto Zoning By-law 438-86 and City of Toronto Zoning By-law 569-2013 to permit the development of a 19-storey (61.1 metres in height, including mechanical penthouse) mixed-use building (the "Original Proposal"). The Original Proposal included retail uses at grade and residential uses above. The total proposed gross floor area ("GFA") of the Original Proposal was 8,494 square metres, with a floor space index ("FSI") of 14.02. On November 9, 2017, the Applicant appealed its zoning by-law amendment application to the Ontario Municipal Board ("OMB"), now known as the Local Planning Appeal Tribunal ("LPAT"), for non-decision by City Council. The appeal is known as LPAT File No. PL171261. A pre-hearing conference was held on November 30, 2018. On February 10, 2020, the Applicant's counsel, Aird Berlis LLP, submitted to the City Solicitor a with prejudice settlement offer (the "Settlement Offer") based on revised architectural plans also dated February 10, 2020 and prepared by architectsAlliance (the "Revised Plans"). The Revised Plans and Settlement Offer are the result of discussions between the Applicant and City staff. The Settlement Offer is attached to this report as Public Attachment 1, and the Revised Plans are attached to this report as Public Attachment 2. The Settlement Offer and Revised Plans are described further in the "Comments" section below. The purpose of this report is to request instructions for the upcoming LPAT hearing, which is scheduled for April 20 to May 1, 2020. City Planning has been involved in the preparation of this report.
City Council on February 26, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor, as amended by motion 1 by Councillor Cressy. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor, as amended by motion 1 by Councillor Cressy. 3. City Council direct that the balance of Confidential Attachment 1 to the report (February 19, 2020) 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 (February 19, 2020) from the City Solicitor, as amended by motion 1 by Councillor Cressy, were adopted by City Council and are now public, as follows: 1. City Council accept the with prejudice Settlement Offer dated February 10, 2020, in Public Attachment 1 to the report (February 19, 2020) from the City Solicitor and as generally shown on the Revised Plans dated February 10, 2020, in Public Attachment 2 to the report (February 19, 2020) from the City Solicitor, subject to Parts 2 to 6 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 revised proposal as set out in the Settlement Offer dated February 10, 2020 in Public Attachment 1 to the report (February 19, 2020) from the City Solicitor and as generally shown on the Revised Plans dated February 10, 2020 in Public Attachment 2 to the report (February 19, 2020) from the City Solicitor. 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 application until such time as the Tribunal has been advised by the City Solicitor that: a. the draft Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. all engineering matters, including the submission of a revised Functional Servicing Report, revised Stormwater Management Report, and revised Hydrogeological Assessment have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager of Toronto Water; c. the Applicant has entered into an agreement or agreements securing 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, and Hydrogeological Assessment, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water; and d. the Applicant has submitted a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor. 4. City Council require that as a condition of approval for a Site Plan Control application related to this proposed development, the applicant strike a construction management working group, including the Garment District Neighbourhood Association, and any other interested community stakeholders, in consultation with the Ward Councillor, City Planning Staff, and any other City Staff as necessary. 5. City Council require, as part of a Site Plan Control application related to this proposal, the Chief Planner and Executive Director, City Planning and the Applicant to explore measures to maintain and enhance the existing character of Graffiti Alley through the design of the rear of the subject site, in consultation with the Ward Councillor. 6. City Council require the applicant to provide art on construction hoarding in accordance with the City's START (Street Art Toronto) program. The balance of Confidential Attachment 1 to the report (February 19, 2020) 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 (February 19, 2020) 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 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.
MM16.6adopted
In January 2019, the City-owned property at 140 Merton Street was identified as one of eleven "Housing Now" sites to be re-developed into mixed-income market and affordable housing and community use space. To facilitate the re-development of this site the Director, Real Estate Services and the Director, Affordable Housing Office were requested to work with Senior Peoples' Resources in North Toronto Incorporated to expedite the identification and securing of a suitable location and facility for the temporary relocation of the Senior Peoples' Resources in North Toronto Incorporated facility at 140 Merton Street, which has been in operation since 1998. As directed by Council an extensive search was conducted to find a suitable temporary relocation space for Senior Peoples' Resources in North Toronto Incorporated. Following a survey of all City-owned assets in the vicinity of 140 Merton Street, it was determined that there were no suitable spaces that met the required timelines, location and area required. This was followed up by a search for suitable third-party space and as a result, and following initial negotiations, 1 Eglinton Avenue East was identified as the most suitable and cost effective re-location option in the area. This Motion seeks City Council's authority to enter into a lease at this location on terms and conditions that are satisfactory to the City Solicitor, and seeks authority to enter into a Community Space Tenancy sublease with Senior Peoples' Resources in North Toronto Incorporated to allow for the temporary relocation of their operations to 1 Eglinton Avenue East, all consistent with Council's previous decision on item EX1.1 - Implementing the "Housing Now" Initiative. Approval of the recommendations in this Motion will allow Senior Peoples' Resources in North Toronto Incorporated to continue to operate in the North Toronto area throughout the duration of the redevelopment of 140 Merton Street. Following completion of construction at 140 Merton Street, Senior Peoples' Resources in North Toronto Incorporated will relocate back into the newly constructed community space at 140 Merton Street. The total estimated cost to the City of Toronto for the 5-year term of the lease, inclusive of basic rent, additional rent (with utilities), realty taxes, parking, fit-up and re-location costs and net of Senior Peoples' Resources in North Toronto Incorporated's additional rent payments as per the existing Community Space Tenancy lease, will be $2,688,476 before Harmonized Sales Tax. These funds are being allocated by the Housing Secretariat as part of the "Housing Now" initiative. Basic rent is $16.00 per square foot for the five-year term. This is significantly less than the average asking office rent of $25.24 in the Midtown area, per the Greater Toronto Area Office Market Report from the fourth quarter of 2019 by Colliers Canada. Additional rent, inclusive of utilities, is $13.45 per square foot with an estimated annual increase of 3 percent. Realty taxes are estimated to be $6.45 per square foot. Total cost of basic rent, additional rent and realty taxes is estimated to be $2,280,137 over the five-year term. Parking will consist of six spaces to be secured at 1 Eglinton Avenue East. Additionally, 10 spaces will be secured internally at the North Toronto Memorial Community Centre. Parking will be at a rate of $175 per space per month for a total cost of $178,387. Costs will be incurred for office fit-out and moving. It is estimated that the total cost to fit out the space will be $40 per square foot, plus moving costs estimated at $20,000 in year one and year five, for a total of $578,400. This is to be funded as follows: $215,360 credit from the Landlord as a Leasehold Improvement Allowance, $150,000 to be funded by Senior Peoples' Resources In North Toronto Incorporated Senior Care, and $213,040 to be funded by the City of Toronto as part of the "Housing Now" initiative. With an estimated lease start date of September 1, 2020 (not including the initial six month fixturing period), the annual cost to the City of Toronto is estimated to be as follows: $484,000 in 2020, $478,000 in 2021, $487,000 in 2022, $496,000 in 2023, $526,000 in 2024, $217,000 in 2025.
City Council on February 26, 2020, adopted the following: 1. City Council authorize the City to enter into a lease agreement with a term of five years, and with two options to renew of one year each, for certain premises situated at 1 Eglinton Avenue East on terms and conditions as may be acceptable to the Deputy City Manager, Corporate Services or designate and in a form satisfactory to the City Solicitor. 2. City Council authorize the City to enter into a new Community Space Tenancy sublease with Senior Peoples' Resources in North Toronto Incorporated, based on substantially the same terms and conditions as their current Community Space Tenancy lease at 140 Merton Street or amended terms and conditions as may be acceptable to the Deputy City Manager, Corporate Services or designate, and in a form satisfactory to the City Solicitor, to facilitate the temporary relocation of Senior Peoples' Resources in North Toronto Incorporated's operations at 140 Merton Street to 1 Eglinton Avenue East as part of the redevelopment of the City-owned property at 140 Merton Street, consistent with Council's previous decision on Item EX1.1 "Implementing the Housing Now Initiative." 3. City Council direct the Executive Director, Corporate Real Estate Management and the Executive Director, Housing Secretariat to ensure that any additional costs incurred as a result of this relocation of Senior Peoples' Resources in North Toronto Incorporated are not to be allocated back to Senior Peoples' Resources in North Toronto Incorporated and should be funded through the "Housing Now" initiative initial allocation of $20,000,000 from the City Building Reserve Fund (XR1730) to the Capital Revolving Reserve Fund for Affordable Housing (XR1058) overseen and used by the Executive Director, Housing Secretariat to fund pre-development work for the first 11 sites. 4. City Council authorize the Deputy City Manager, Corporate Services and the Executive Director, Corporate Real Estate Management to execute such documents required to complete the relevant lease agreements. 5. City Council direct the Chief Financial Officer and Treasurer, in consultation with the Executive Director, Corporate Real Estate Management, to report back on the designation of the subject leased premises at 1 Eglinton Avenue East as a municipal capital facility.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Colle, recommends that: 1. City Council authorize the City to enter into a lease agreement with a term of five years, and with two options to renew of one year each, for certain premises situated at 1 Eglinton Avenue East on terms and conditions as may be acceptable to the Deputy City Manager, Corporate Services or designate and in a form satisfactory to the City Solicitor. 2. City Council authorize the City to enter into a new Community Space Tenancy sublease with Senior Peoples' Resources in North Toronto Incorporated, based on substantially the same terms and conditions as their current Community Space Tenancy lease at 140 Merton Street or amended terms and conditions as may be acceptable to the Deputy City Manager, Corporate Services or designate, and in a form satisfactory to the City Solicitor, to facilitate the temporary relocation of Senior Peoples' Resources in North Toronto Incorporated's operations at 140 Merton Street to 1 Eglinton Avenue East as part of the redevelopment of the City-owned property at 140 Merton Street, consistent with Council's previous decision on Item EX1.1 "Implementing the "Housing Now" Initiative." 3. City Council direct the Executive Director, Corporate Real Estate Management and the Executive Director, Housing Secretariat to ensure that any additional costs incurred as a result of this relocation of Senior Peoples' Resources in North Toronto Incorporated are not to be allocated back to Senior Peoples' Resources in North Toronto Incorporated and should be funded through the "Housing Now" initiative initial allocation of $20,000,000 from the City Building Reserve Fund (XR1730) to the Capital Revolving Reserve Fund for Affordable Housing (XR1058) overseen and used by the Executive Director, Housing Secretariat to fund pre-development work for the first 11 sites. 4. City Council authorize the Deputy City Manager, Corporate Services and the Executive Director, Corporate Real Estate Management to execute such documents required to complete the relevant lease agreements. 5. City Council direct the Chief Financial Officer and Treasurer, in consultation with the Executive Director, Corporate Real Estate Management, to report back on the designation of the subject leased premises at 1 Eglinton Avenue East as a municipal capital facility.
RM16.6amended
City Council will review the Order Paper.
February 26, 2020: City Council adopted the February 26, 2020, Order Paper, as amended, and all other Items not held on consent.
CC16.7adopted
City Council adopted Official Plan Amendment No. 231 (OPA 231) regarding Employment Areas in December 2013. OPA 231 remains partially under appeal before the Local Planning Appeal Tribunal (LPAT or Tribunal). The LPAT has scheduled a 9-day hearing commencing May 19th, 2020 regarding appeals to policies pertaining to retail uses in OPA 231. This report requests further direction from City Council for the LPAT hearing.
City Council on February 26, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 19, 2020) 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 (February 19, 2020) from the City Solicitor, and City Council direct that the balance of Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor remain confidential as it contains advice subject to solicitor-client privilege; and b. Confidential Attachment 2 to the report (February 19, 2020) from the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council direct the City Solicitor and other staff to attend the Local Planning Appeal Tribunal in support of the proposed revised policies to Official Plan Amendment 231 as set out in and substantially in accordance with Confidential Attachment 2 to the report (February 19, 2020) from the City Solicitor. 2. City Council direct the City Solicitor to continue negotiations with other appellants to the Retail hearing phase of Official Plan Amendment 231 in an effort to resolve all outstanding issues under appeal and to take all necessary steps to bring resolution to the matter in consultation with the Chief Planner and Executive Director of City Planning. Confidential Attachment 2 to the report (February 19, 2020) 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 (February 19, 2020) remains confidential in accordance with the provisions of the City of Toronto Act, 2006 as it contains advice subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations 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 Attachment 2.
MM16.7referred
Kurdish Flag Raising - by Councillor Jim Karygiannis, seconded by Councillor Gary Crawford
On the evening of March 16, 1988, a horrific poisonous gas attack took place on the people of Halabja - for five hours a chemical attack was launched against the Kurdish people by Saddam Hussein. During the attack, more than 5,000 people lost their lives and more than 7,000 were injured and many more suffered lasting effects from birth defects, cancers and post-traumatic stress disorder. This attack was officially defined, in 2010, by the Supreme Iraqi Criminal Tribunal as a genocidal massacre against Kurdish people in Iraq and was the largest chemical weapons attack directed against a civilian-populated area in history. During Saddam Hussein's Anfal campaign (which included the gas attack against the City of Halabja), where mostly Kurdish people were targeted, it is estimated that 182,000 people were killed but the number could be much higher. In Canada, Kurdish immigration is largely the result of the constant wars and suppression of Kurds and Shiites by the Iraqi government and many have come to Toronto to live a more peaceful life. The Kurdish community is increasing in number and has become a vibrant part of Toronto's multicultural makeup. Toronto is one of the most diverse and multicultural rich cities in the world and it is because of this inclusivity that people around the work immigrate here. Toronto has become a model where all cultures, faiths and beliefs are respected and accepted. We strive to support, celebrate and acknowledge our diverse communities, which is why this Motion is important to show that Toronto City Council, together with the Kurdish Community, acknowledge these horrific events. By raising the Kurdish flag, we are remembering those who were killed, wounded or maimed during the Anfal campaign and stand together to ensure that these types of crimes against humanity never happen again.
City Council on February 26, 2020, referred Motion MM16.7 to the Executive Committee.
Staff recommendation as filed
Councillor Jim Karygiannis, seconded by Councillor Gary Crawford, recommends that: 1. In recognition of the Halabja chemical attack, City Council amend the City of Toronto Flag Raising Policy to allow the Kurdish Flag to be raised every year in March, close to the commemoration day, at any courtesy flag pole in the City of Toronto to remember the 5,000 killed, the 10,000 injured during this horrific attack and the 182,000 plus killed during the Anfal campaign and to bring awareness so that these crimes against humanity never happen again.
CC16.8adopted
The Local Planning Appeal Tribunal, with the support of the City, approved the redevelopment of the 24 hectare (60 acre) property in the northwest quadrant of Eglinton Avenue East and Don Mills Road to allow for a mixed-use, transit-supportive community called Crosstown (formerly Celestica Inc.). The approval includes a gross floor area of 460,640 square metres consisting of: 387,150 square metres of residential uses, including affordable ownership and rental housing, approximately 60,000 square metres of office uses, and 11,000 square metres of commercial and retail uses. Community uses have also been secured, including a City-owned child care facility and 2.5 hectares of parkland, which includes land to accommodate a community recreation centre. There are 4,982 residential units approved in three to four storey townhouses, eight to ten storey midrise buildings, and 27 to 48 storey tall buildings. The office uses will be located in two buildings of eight and nine storeys in height, situated closest to Don Mills Road. Celestica Inc. is proposing to relocate their corporate headquarters into the nine storey office building at the corner of Don Mills Road and Eglinton Avenue East. Retail uses will be focused along the Don Mills Road frontage and along a new publicly accessible Private Street B, interior to the site. The redevelopment was approved to take place in a number of phases with the first phase consisting of the nine-storey office building at the corner of Don Mills Road and Eglinton Avenue East, 1,604 residential dwelling units (129,450 square metres) in the form of three residential tall building, three midrise buildings, stacked townhouses, street townhouses, and a public park at the south end of the site adjacent to Eglinton Avenue East. The owner is now seeking revisions to the approved Zoning By-law Amendment No. 1214-2019 (LPAT), draft plan of subdivision, and conditions of draft plan approval to allow for the office development and public plaza on Blocks 1A and 1B to proceed in advance of the balance of Phase 1. The applicant seeks to make these changes by way of Section 35 of the Local Planning Appeal Tribunal Act, which allows the Tribunal to review, rescind, or vary any decision or order made by it in accordance with the rules. The purpose of this report is to request instructions for the owner's request pursuant to Section 35 of the Local Planning Appeal Tribunal Act. The City Solicitor requires direction on this matter in litigation.
City Council on February 26, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 20, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (February 20, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (February 20, 2020) 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 (February 20, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council consent to the proposed changes to the Draft Plan of Subdivision, dated June 27, 2018, and illustrated on page 4 of Public Appendix A to the report (February 20, 2020) from the City Solicitor. 2. City Council consent to the proposed changes to Schedule A of Zoning By-law Amendment 1214-2019 (LPAT), illustrated on pages 5 to 29 of Public Appendix A to the report (February 20, 2020) from the City Solicitor. 3. City Council consent to the proposed changes to the Draft Plan Conditions, illustrated on pages 30 to 78 of Public Appendix A to the report (February 20, 2020) from the City Solicitor. 4. City Council direct the City Solicitor to require the Local Planning Appeal Tribunal to impose the following additional conditions of draft approval, to ensure the orderly development of the site, as a result of the proposed changes to the Draft Plan of Subdivision: a. the Owner grant a permanent easement in favour of the new owner of Block 1, should Block 1 ever be held in different ownership; the Owner is required to obtain approval from the City of Toronto Committee of Adjustment for the private permanent sanitary sewer easement; b. the Owner is responsible for the design, construction and removal of the sanitary service connections of Block 1 located within the permanent easement at their own expense; c. the Owner is required to remove the registered private sanitary sewer easement and disconnection of sanitary sewer connection pipes of Block 1 prior to the construction of those blocks (Blocks 4, 7, 6A, 6B, 6C, 12, 14B) where the pipes are located; and d. upon registration of a plan of subdivision which includes the Blocks 8, 9, and/or 12, the Owner convey Block 6A (which will be a minimum of 3,120 square metres) to the City free and clear, above and below grade, of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements, unless otherwise approved by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor. 5. City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal in support of the proposed changes set out in Parts1, 2, and 3 above. 6. City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director of City Planning, to request the Local Planning Appeal Tribunal to make any additional required stylistic and technical changes or corrections to Zoning By-law Amendment 1214-2019 (LPAT), in conjunction with the changes described in Part 2 above. 7. City Council authorize the City Solicitor to enter into an Amending Agreement pursuant to Section 37 of the Planning Act, to the satisfaction of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning, for the purpose of securing and implementing the proposed changes to Schedule A of Zoning By-law Amendment 1214-2019 (LPAT), which are described in Part 2 above. The balance of Confidential Attachment 1 to the report (February 20, 2020) 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 (February 20, 2020) 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 (February 20, 2020) from the City Solicitor. 2. City Council authorize the public release of the Confidential Recommendations in Confidential Attachment 1, 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 (February 20, 2020) 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.
MM16.8adopted
The announcement by the Ontario Government's Metrolinx that the Eglinton Crosstown Project will be further delayed until "well into 2022" adds to an extraordinary burden on small business owners on Eglinton Avenue where the Crosstown has been under construction since 2011. Over 100 small businesses have already closed on Eglinton West because of the impact of unprecedented levels of heavy construction, which has resulted in road and sidewalk closures, construction trailers and heavy equipment obstructing store visibility and access resulting in millions of dollars in lost income and hundreds of job losses for small business.
City Council on February 26, 2020, adopted the following: 1. City Council request the City Manager and Mayor John Tory to request an emergency meeting with the Provincial Minister of Transportation, Caroline Mulroney and the Metrolinx Board of Directors Chair, Donald Wright, for the purpose of helping small businesses encompassed within the 12 Business Improvement Areas along and adjacent to Eglinton Avenue survive given the Eglinton Crosstown Project has been delayed again; the purpose of this meeting is to request that the Province of Ontario and Metrolinx immediately implement an Eglinton Avenue Small Business survival plan that includes: 1. an Eglinton Avenue small business recovery and sustainability compensation plan so remaining small business can keep their doors open through another 2 years of construction until the end of 2022; 2. a report on the feasibility of phasing in the opening of the Eglinton Crosstown by separating out the portion of the Eglinton Crosstown from Mount Dennis Station to the Cedervale Station (Eglinton West), so that at minimum one section of the Eglinton Crosstown line is operational at an earlier date than sometime "well into 2022"; and 3. an immediate construction equipment clean-up to remove as much as possible of the heavy equipment trailers from public sidewalks and road allowances, so that small businesses will no longer have their storefronts blocked and obstructed.
Staff recommendation as filed
Councillor Mike Colle, seconded by Councillor Josh Matlow, recommends that: 1. City Council request the City Manager and Mayor John Tory to request an emergency meeting with the Provincial Minister of Transportation, Caroline Mulroney and the Metrolinx Board of Directors Chair, Donald Wright, for the purpose of helping small businesses encompassed within the 12 Business Improvement Areas along and adjacent to Eglinton Avenue survive given the Eglinton Crosstown Project has been delayed again; the purpose of this meeting is to request that the Province of Ontario and Metrolinx immediately implement an Eglinton Avenue Small Business survival plan that includes: 1. an Eglinton Avenue small business recovery and sustainability compensation plan so remaining small business can keep their doors open through another 2 years of construction until the end of 2022; 2. a report on the feasibility of phasing in the opening of the Eglinton Crosstown by separating out the portion of the Eglinton Crosstown from Mount Dennis Station to the Cedervale Station (Eglinton West), so that at minimum one section of the Eglinton Crosstown line is operational at an earlier date than sometime "well into 2022"; and 3. an immediate construction equipment clean-up to remove as much as possible of the heavy equipment trailers from public sidewalks and road allowances, so that small businesses will no longer have their storefronts blocked and obstructed.
MM16.9adopted
Main streets are the beating heart of neighbourhoods and communities across Toronto. With the changing nature of brick and mortar retail, vacant storefronts are on the rise and our residents are left living with the negative effects. This Motion requests the Chief Financial Officer and Treasurer to work with the General Manager, Economic Development and Culture to assess how a vacant storefront tax could be used to reduce retail vacancies on Toronto's main streets. Toronto faces a unique challenge where our City's growth and buoyant real estate market sometimes creates a perverse incentive to keep a store vacant rather than renting it out to the people willing to invest in our communities. Small business owners are often local heroes, creating gathering places and local landmarks through the investment they bring and community they build. With independent businesses accounting for 74 percent of Toronto's retail stores and 647,843 people being employed by our local independents, it's imperative we take every possible step to strengthen our main streets. We have to create the right tax policies to incentivize landlords to make retail space available for independent businesses at an affordable rate. Keeping retail vacant for land speculation should not be an option. A vacant storefront tax could be an important part of a suite of solutions including ongoing work started to address issues with Municipal Property Assessment Corporation's highest and best use valuation approach, incentives for small business owners, and exploring new tax bands to lower tax rates for main street buildings.
City Council on February 26, 2020, adopted the following: 1. City Council request the Chief Financial Officer and Treasurer, in consultation with the General Manager, Economic Development and Culture, to report to the Executive Committee prior to the launch of the 2021 Budget on the feasibility of implementing a vacant storefront tax, including consideration of: a. the potential for a vacant storefront tax to reduce storefront vacancies on retail main streets in the City of Toronto; b. policy options for a vacant storefront tax such as the length of vacancy prior to a tax being applied, a potential range of vacancy tax amounts, and the property class or classes to which a vacant storefront tax might apply to reduce the number of retail vacancies; c. analysis of other jurisdictions using vacant storefront taxes to reduce main street retail vacancies; d. estimated staffing and/or other resource requirements needed to implement a vacant storefront tax; and e. estimated timelines to implement a vacant storefront tax.
Staff recommendation as filed
Councillor Brad Bradford, seconded by Councillor Paula Fletcher, recommends that: 1. City Council request the Chief Financial Officer and Treasurer, in consultation with the General Manager, Economic Development and Culture, to report to the Executive Committee prior to the launch of the 2021 Budget on the feasibility of implementing a vacant storefront tax, including consideration of: a. the potential for a vacant storefront tax to reduce storefront vacancies on retail main streets in the City of Toronto; b. policy options for a vacant storefront tax such as the length of vacancy prior to a tax being applied, a potential range of vacancy tax amounts, and the property class or classes to which a vacant storefront tax might apply to reduce the number of retail vacancies; c. analysis of other jurisdictions using vacant storefront taxes to reduce main street retail vacancies; d. estimated staffing and/or other resource requirements needed to implement a vacant storefront tax; and e. estimated timelines to implement a vacant storefront tax.
MM16.10adopted
The Bum Run event began eight years ago to raise public awareness of the fact that 90 percent of colon cancer deaths are preventable by early diagnosis. Through collaboration with surgeons, hospital staff, friends and families the event was created in order to raise funds for early diagnosis clinics, facilitation and awareness of the benefits of preventative action. The Bum Run is the only Toronto-hosted event that is registered as 100 percent non-profit. All funds raised are used toward the cause, cure and awareness campaign. The Bum Run is an unpaid volunteer event. Although there is a fundraising registration fee for a timing chip, it is an open, no fee event. All are invited to participate in the event for free by simply showing up. The user fee charged for an Athletic Event for permission to fully or partially close/occupies an expressway, major arterial, minor arterial and collector roads for the purpose of holding an Athletic Event increased to $3,699.10 per event. City Council is being asked to waive the user fees for this street event as a means to support colon cancer awareness.
City Council on February 26, 2020, adopted the following: 1. City Council direct the General Manager, Transportation Services to waive the permit fee charged for the Bum Run's 2020 event (Fee Ref. 61.07, Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 2, Transportation Services).
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Shelley Carroll, recommends that: 1. City Council direct the General Manager, Transportation Services to waive the permit fee charged for the Bum Run's 2020 event (Fee Ref. 61.07, Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 2, Transportation Services).