Toronto City Council
The full agenda, as filed
All 60 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.
BL23.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills.
City Council on July 28 and 29, 2020, enacted By-laws 601-2020 to 670-2020.
CC23.1adopted
Ombudsman Toronto 2019 Annual Report
Pursuant to section 173(2) of the City of Toronto Act, 2006 and the Toronto Municipal Code, Chapter 3, the Ombudsman is required to submit an annual report on the activities of her office directly to City Council.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council receive the Ombudsman Toronto 2019 Annual Report for information.
Staff recommendation as filed
The Ombudsman recommends that: City Council receive the Ombudsman Toronto 2019 Annual Report for information.
MM23.1adopted
At the conclusion of the City Council meeting scheduled for July 28 and 29, 2020, City Council will be recessing until its meeting of September 30 and October 1, 2020. During that period it is likely that there will be decisions arising from applications to the Committee of Adjustment which will be matters of concern to the City and would warrant the City's attendance at the Toronto Local Appeal Body (or the Local Planning Appeal Tribunal where there is a related appeal) either on an appeal by the City itself or on the applicant's appeal to the tribunal. The purpose of this Motion is to delegate temporary authority during this period to the Ward Councillor to instruct the City Solicitor, and appropriate City staff, to attend at the Toronto Local Appeal Body (or the Local Planning Appeal Tribunal where there is a related appeal) on the application, provided the Ward Councillor has first consulted with the Chief Planner and Executive Director, City Planning, or designate. This would include the authority to direct the City Solicitor to file an appeal of a decision and retain outside experts as necessary. It also authorizes the City Solicitor to resolve matters in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council direct the City Solicitor to attend at hearings on appeals of Committee of Adjustment decisions or to appeal a Committee of Adjustment decision on behalf of the City of Toronto at the request of the Ward Councillor after consultation with the Chief Planner and Executive Director, City Planning, or designate, during the period from the completion of City Council's July 28 and 29, 2020 meeting to the start of City Council's September 30 and October 1, 2020 meeting; the delegation shall include the authority to direct appropriate City staff to attend at the hearing and for the City Solicitor to retain outside consultants as necessary; and shall authorize the City Solicitor to take all steps necessary to bring resolution to the matter in consultation with the Ward Councillor and Chief Planner and Executive Director, City Planning.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommends that: 1. City Council direct the City Solicitor to attend at hearings on appeals of Committee of Adjustment decisions or to appeal a Committee of Adjustment decision on behalf of the City of Toronto at the request of the Ward Councillor after consultation with the Chief Planner and Executive Director, City Planning, or designate, during the period from the completion of City Council's July 28 and 29, 2020 meeting to the start of City Council's September 30 and October 1, 2020 meeting; the delegation shall include the authority to direct appropriate City staff to attend at the hearing and for the City Solicitor to retain outside consultants as necessary; and shall authorize the City Solicitor to take all steps necessary to bring resolution to the matter in consultation with the Ward Councillor and Chief Planner and Executive Director, City Planning.
RM23.1adopted
- O Canada - Moment of Silence - Declarations of Interest under the Municipal Conflict of Interest Act
CALL TO ORDER: 9:31 a.m. Speaker Nunziata took the Chair and called the Members to order. Speaker Nunziata advised that, as Council is conducting an electronic meeting today, it would dispense with the National Anthem. Tuesday, July 28, 2020 Speaker Nunziata further advised that today is the fourth meeting of City Council held with Members participating remotely and that the City Clerk has confirmed that a quorum of Members is present. Members of Council observed a moment of silence and remembered: Joseph (Joe) Colafranceschi Denise L. Graham Albert Francis Lintern Jack Murray Vickie Rennie, and Errol Weiser Speaker Nunziata acknowledged that City Council was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. Speaker Nunziata also acknowledged that Toronto is covered by Treaty 13 signed with the Mississaugas of the Credit. Speaker Nunziata advised Council of the following: For the benefit of those who are connected to the internet, the City Clerk has posted all of the agenda materials for today's meeting at toronto.ca slash council. Members, before I begin our opening routines, I want to emphasize that today's Council meeting is being conducted publicly and is being streamed live on YouTube. I want to welcome the public who are watching our meeting this morning. Members, you will have dedicated IT support throughout today's meeting. If you need to reach them, the City Clerk has provided you contact information. Staff will also be available to answer questions and will appear on the meeting console as needed. Wednesday, July 29, 2020 Members of Council observed a moment of silence and remembered: Michelle Greene
CC23.2amended
2450 Victoria Park Avenue - Zoning By-law Amendment Application - Request for Directions
On October 30, 2017, the applicant submitted a Zoning By-law Amendment Application for the lands municipally known as 2450 Victoria Park Avenue. The Zoning By-law Amendment Application proposes to redevelop the lands with a total of four residential buildings containing retail uses on the ground floor ranging in height from 11 to 44 storeys, for a total of 1,247 residential units and 1,606 square metres of ground floor retail space. The proposed total gross floor area is 96,405 square metres, which results in a proposed density of 4.99 times the area of the lot. A total of 1,266 vehicle parking spaces and 952 bicycle parking spaces are proposed. A new 2,915 square metre on-site public park and two new east-west private roads are also proposed as part of the application. The existing seven-storey (7,755 square metres) office building on the lands is also proposed to be demolished. The applicant also proposed that a Class 4 noise area classification be applied to the proposed development, as set out in the Ministry of the Environment and Climate Change's Environmental Noise Guideline - Stationary and Transportation Sources (NPC-300) as the site is in proximity to stationary noise sources such as the Enbridge head office located opposite the site, on the north side of Consumers Road, which operates under an existing Environmental Compliance Approval for the air cooled condenser units, exhaust fans, and cooling towers on site. On March 23, 2018, the applicant appealed their proposal to the Local Planning Appeal Tribunal (the "LPAT") due to Council's failure to make a decision within the statutory timeframe. The purpose of this report is to request further instructions for the fifteen-day LPAT hearing that is scheduled to commence August 10, 2020. City Planning has been involved in the preparation of this report.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 23, 2020) from the City Solicitor, as amended by motion 1 by Councillor Shelley Carroll. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Councillor Carroll, and Confidential Attachments 2, 3 and 4 to the report (June 23, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 23, 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 (June 23, 2020) from the City Solicitor, as amended by motion 1 by Councillor Shelley Carroll, were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated June 18, 2020 in Confidential Attachment 2 to the report (June 23, 2020) from the City Solicitor, subject to Parts 2 to 10 set out below. 2. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a size of 2,850 square metres, generally as shown on page 3 of Confidential Attachment 3 to the report (June 23, 2020) from the City Solicitor, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation (the "Public Park"); the Public Park would be conveyed to the City in accordance with the City's Policy for Accepting Potentially Contaminated Lands and constructed to base park conditions, prior to the earlier of: a. the first above grade building permit for the last building on the Property; b. the registration of the first Description for any condominium under the Condominium Act for any building on the Property; and c. the first occupancy of any building on the Property; and in any event no later than three years after the first above-grade building permit for any building on the Property to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 3. City Council accept the registration of a restriction pursuant to Section 118 of the Land Titles Act on Public Park lands in favour of the City, with priority of title, to the satisfaction of the City Solicitor, prohibiting the sale or charge of the Public Park lands without consent of the City, with such consent not be unreasonably withheld and which, for greater certainty, shall not be withheld to facilitate financing of the larger Property and developments thereon, provided that such consent may be subject to terms and conditions necessary, in the opinion of the City Solicitor, to ensure that the City's right to acquire the Public Park lands is enforceable against the transferee or chargee, as the case may be; it is acknowledged that the purpose of the Section 118 restriction is to ensure the future conveyance of the Public Park lands to the City for parkland purposes. 4. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 5. City Council accept the conveyance of a proposed new 18.5 metre public street from Hallcrown Place easterly to Victoria Park Avenue, across the central portion of the Property as generally shown on page 3 of Confidential Attachment 3 and detailed in Confidential Attachment 4 to the report (June 23, 2020) from the City Solicitor, with the exact location, alignment and configuration to the satisfaction of the General Manager, Transportation Services (the "Road"); the Road conveyance is over an existing 15 metre wide easement, currently in favour of the City; the conveyance of the proposed public Road to be transferred to the City, with obligations and timing for conveyance and construction to be determined through an application for draft plan of subdivision for the Property, and shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments, except as noted above, in an acceptable environmental condition and subject to the following: a. the owner shall, at its own cost, design, build and convey to the City, the portion of the public Road from Hallcrown Place to the eastern limit of the Private Drive (shown diagonally hatched on Confidential Attachment 4 to the report (June 23, 2020) from the City Solicitor), with the exact design and alignment to be to the satisfaction of the General Manager, Transportation Services, to permit snow plows to turn around and drive back in a forward motion onto the Road and to Hallcrown Place (West Segment); the owner shall, at its own cost, landscape and convey to the City the remaining portion of the Road (shown vertically hatched on Confidential Attachment 4 to the report (June 23, 2020) from the City Solicitor), from the western limit of the West Segment to the eastern property limit of the Property (East Segment) to facilitate a future connection to Victoria Park Avenue (shown hatched as Future East Road Connection on Confidential Attachment 4 to the report (June 23, 2020) from the City Solicitor); and the East Segment will be conveyed as public highway, landscaped at the owner's expense, kept as open space and reserved for future road construction to connect the Road to Victoria Park Avenue; b. the Road will be approximately 18.5 metres in width, generally as shown on Confidential Attachment 4 to the report (June 23, 2020) from the City Solicitor, including intersection improvements and any identified new signals or signage and/or pedestrian/cycling infrastructure, should they be required, all in accordance with the City's applicable policies, standards and guidelines for public streets, the precise location and specifications of which are to be secured in conjunction with site plan approval and/or draft plan subdivision approval, and including any required environmental assessments, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning; c. the owner shall, at its own cost, ensure that all required water mains and sanitary sewers, and appropriate appurtenances, within the new public Road in Part 5, have been installed and are operational and such timing to be in accordance with the Draft Plan of Subdivision application, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and d. prior to the issuance of the first above grade building permit for any part of the Property, the owner shall provide securities and a satisfactory irrevocable letter of credit of 120 percent of the value required to secure the design, construction over parts of the Road and the entire conveyance to the City of the Road identified in Parts 5.a. and b. above, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services. 6. City Council direct the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services to prioritize the review of the future connection of the Road to Victoria Park Avenue, detailed and defined in Part 5 above from the City Solicitor and to use reasonable best efforts to secure approvals from the Ministry of Transportation to permit the future connection of the Road to Victoria Park Avenue. 7. City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits offered in the Settlement Offer and recommended to be secured in the Section 37 Agreement are as follows: i. a cash contribution of three million ($3,000,000.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Property and to be used towards public art, streetscape improvements, affordable housing and/or multi-purpose community agency space at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; ii. the cash contribution referred to in Part 7.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 327-0058, or its successor, calculated from the date of the Agreement to the date of payment; iii. in the event the cash contribution referred to in Part 7.a.i. above has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands; iv. the provision of a non-profit licensed 62 space child care centre to be located within the Property, on the ground floor of Building "D" with the precise location, capacity and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Children Services, and such child care centre shall generally be in accordance with the following: A. shall be of a resulting gross floor area of approximately 929 square metres with an accompanying outdoor play area of 279 square metres and be constructed, finished, furnished and equipped by the owner; B. shall be designed to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Children's Services; C. will accommodate children of all ages, including infants, toddlers and preschoolers, generally in accordance with the City of Toronto's Child Care Development Guidelines; D. the minimum capacity and size of the Child Care Facility may be reduced at the sole discretion of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Children's Services; and E. the details of the lease term and other matters as described in this City Council decision, such as phasing, timing, location, obligations and any such matters to implement the Child Care Centre, in respect of the non-profit licensed child care centre community benefit will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines (2016), including a provision of one hundred and eighty thousand ($180,000.00) dollars for start-up operating costs and equipment costs and one hundred and fifty thousand ($150,000.00) dollars for a replacement reserve fund; and b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. the statutory parkland dedication referred to in Parts 2 and 3 above and the above base park improvements for the statutory parkland dedication and the development charge credit referred to in Part 4 above; ii. the new public street identified in Part 5 above, as necessary, to secure such requirements to the satisfaction of the City Solicitor and General Manager, Transportation Services; iii. two Privately-Owned Publicly-Accessible Open Spaces, with one located to the east of Building "A" being a minimum 3.0 metre walkway connection between Consumers Road south to the new public street and the second a minimum 8 metre wide strip to include a 4.0 metre walkway and 2.0 metres of planting on either side along the south property line adjacent to the Public Park and connecting to Victoria Park Avenue as generally shown on the Site Plan on page 3 of Confidential Attachment 3 to the report (June 23, 2020) from the City Solicitor as may be required, to the satisfaction of the Chief Planner and Executive Director, City Planning; prior to the issuance of Site Plan Approval, the owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the Privately-Owned Publicly-Accessible Open Spaces; the owner shall own, operate, maintain and repair the Privately-Owned Publicly-Accessible Open Spaces 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 Spaces 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 Spaces 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; iv. the minimum of 6,203 square metres of non-residential gross floor area, representing a minimum of 80 percent of the existing non-residential gross floor area on the Property, with the non-residential gross floor area to be provided to prior to or concurrent with the provision of residential gross floor area for the Property; for greater clarity, the implementing Zoning By-law would allow the childcare in Part 7.a.vi. above, to form part of the replacement non-residential gross floor area; v. secure the signalization of the intersection of Hallcrown Place and Consumers Road and a designated left turn lane on Hallcrown Place, and any other recommended improvements and/or Transportation Demand Management measures identified in the Traffic Impact Study and the revised Transportation Demand Management Memorandum at the sole cost of the Owner, to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning; the intersection improvements of Hallcrown Place and Consumers Road, including the designated northbound left-turn lane on Hallcrown Place, and the westbound left-turn lane on Consumers Road and any other recommended improvements shall be installed and operational prior to the earlier of: 1. the first above grade building permit for the last building on the Property; 2. the registration of the first Description for any condominium under the Condominium Act for any building on the Property; and 3. the first occupancy of any building on the Property and in any event no later than three years after the first above-grade building permit for any building on the Property to the satisfaction of the General Manager, Transportation Services and the City Solicitor; vi. secure a gratuitous temporary access easement, to the benefit of the City over the lands representing the Private Driveway (shown diagonally hatched on Confidential Attachment 4 to the report (June 23, 2020) from the City Solicitor), to facilitate a turning loop for City-owned vehicles to circulate over the Road, until such time as the Road is extended to Victoria Park Avenue, all in a form acceptable to the City Solicitor and at the owner's sole cost and expense; vii. secure any recommended mitigation measures identified in the peer reviewed Environmental Noise Assessment Report required by Part 9.c.vi. below, in a form acceptable to the City Solicitor; and viii. secure a minimum of 30 percent of the total number of residential units as 2-bedroom units, with a minimum 25 percent of these 2-bedroom units having a minimum size of 87 square metres of gross floor area and a minimum of 10 percent of the total number of residential units as 3-bedroom units, with a minimum of 25 percent of these 3-bedroom units having a minimum size of 100 square metres of gross floor area. 8. City Council direct the Chief Planner and Executive Director, City Planning to ensure that through the Site Plan Approval process the 8.0 metre wide Privately-Owned Publicly-Accessible Open Space walkway along the south property line identified in Part 7.b.iii. above and any private on-site open space on the lands be of a high quality landscaping and amenity, and to ensure that the Privately-Owned Publicly-Accessible Open Space walkway is integrated with the surrounding area, where appropriate, so as to permit pedestrian permeability from the southern property line. 9. City Council instruct the City Solicitor to attend the hearing before the Local Planning Appeal Tribunal in support of the settlement in principle of the Zoning By-law Amendment and to request the Local Planning Appeal Tribunal to withhold issuance of its final Order until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment(s) are in a form and with content satisfactory to the City, including securing the non-residential replacement identified in Part 7.b.iv. above, securing the minimum percentage of bedroom types and minimum unit sizes as identified in Part 7.b.viii. above; and other appropriate Section 37 provisions in Part 7 above, satisfactory to the Chief Planner and Executive Director, City Planning. b. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered to the satisfaction of the City Solicitor, securing the benefits and matters of legal convenience outlined in City Council's decision; c. the owner has, at its sole cost and expense: i. submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological 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; ii. 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; iii. made satisfactory arrangements with Chief Engineer and Executive Director, Engineering and Construction Services for the construction of new infrastructure or any improvements to the existing municipal infrastructure, should it be determined that new infrastructure and/or upgrades/improvements are required to the existing infrastructure, to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure; iv. submitted a revised Traffic Impact Study and Transportation Demand Management Memorandum acceptable to, and to the satisfaction of the General Manager, Transportation Services and that any matters arising from the Traffic Impact Study and the and Transportation Demand Management Memorandum be secured, if required, all to the satisfaction of the City Solicitor and General Manager, Transportation Services; v. submitted a revised Pedestrian Level Wind Study acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and that such matters arising from the Pedestrian Level Wind Study be secured, if required, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and vi. facilitated the City undertaking a peer review of the submitted Environmental Noise Assessment Report, and secured any recommended mitigation measures in the amending by-laws and the Section 37 Agreement, all to the satisfaction of the Chief Planner and Executive Director, City Planning, including classifying the Property as a Class 4 noise area pursuant to relevant provincial noise guidelines Publication NPC-300 (Ministry of the Environment and Climate Change Environmental Noise Guideline- Stationary and Transportation Sources - Approval and Planning), if appropriate; d. City Council has classified the Property as a Class 4 noise area pursuant to relevant provincial noise guidelines Publication NPC-300 (Ministry of the Environment and Climate Change Environmental Noise Guideline- Stationary and Transportation Sources - Approval and Planning), should the peer review of the Environmental Noise Assessment Report, identified in Part 9.c.vi. above, conclude that a Class 4 noise area designation of the Property is appropriate; e. the owner's outstanding appeal of the City's Official Plan Amendment 393 (Consumers Next Secondary Plan) has been withdrawn to the satisfaction of the City Solicitor; and f. the owner has submitted an application for Draft Plan of Subdivision for the Property to implement the Settlement Offer and to secure matters such as lands to be conveyed to the City, new public streets, parkland dedication, easements and any required municipal infrastructure, as well as any required phasing of development on the Property, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services. 10. 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, 3 and 4 to the report (June 23, 2020) 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 (June 23, 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 (June 23, 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 (June 23, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, Confidential Attachment 2, Confidential Attachment 3 and Confidential Attachment 4, to the report (June 23, 2020) 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 (June 23, 2020) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM23.2adopted
On January 31, 2018, through Item EX30.2, "Implementing Tenants First - Toronto Community Housing Corporation Scattered Portfolio Plan and an Interim Selection Process for Tenant Directors on the Toronto Community Housing Corporation Board", City Council approved the transfer of ownership of Toronto Community Housing Corporation's Agency and Rooming Houses to qualified non-profit housing operators for the purpose of operating affordable housing. In order to proceed with the transfers, some properties require dividing land into separate lots through a plan of subdivision or a land severance. A number of properties are also in needed of repair and renovations to improve the quality of the homes for existing and future residents. Given that these homes are rented as affordable rental housing (with many providing deeply affordable rental homes), it is recommended that Council approve an exemption from planning application and building permit fees to allow Toronto Community Housing Corporation to proceed with any required renovations and/or future transfer of these properties.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council authorize the Executive Director, Housing Secretariat to provide a waiver of all planning and building permit fees for the affordable rental properties located at: a. 33 and 39 Aberdeen Avenue; b. 85A Brooklyn Avenue; c. 230 and 232 Carlton Street; d. 362 Coxwell Avenue; e. 60 and 62 Fairford Avenue; f. 259 Hastings Avenue; g. 2 Lindsey Avenue; h. 101-143, 143A, 143B, and 143C Stephenson Avenue; I. 133-147 Beverley Street, 37-41 D'Arcy Street, 370 Dundas Street West; j. 41-47 Rose Avenue; k. 37-39 Rose Avenue, 26-38 Prospect Street; l. 265-283 Wellesley Street East; and m. 310 Dundas Street East, 237-285 Sherbourne Street.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommends that: 1. City Council authorize the Executive Director, Housing Secretariat to provide a waiver of all planning and building permit fees for the affordable rental properties located at: a. 33 and 39 Aberdeen Avenue; b. 85A Brooklyn Avenue; c. 230 and 232 Carlton Street; d. 362 Coxwell Avenue; e. 60 and 62 Fairford Avenue; f. 259 Hastings Avenue; g. 2 Lindsey Avenue; h. 101-143, 143A, 143B, and 143C Stephenson Avenue; I. 133-147 Beverley Street, 37-41 D'Arcy Street, 370 Dundas Street West; j. 41-47 Rose Avenue; k. 37-39 Rose Avenue, 26-38 Prospect Street; l. 265-283 Wellesley Street East; and m. 310 Dundas Street East, 237-285 Sherbourne Street.
RM23.2adopted
City Council will confirm the Minutes of the regular meeting held on June 29 and 30, 2020.
City Council confirmed the Minutes of Council from the regular meeting held on June 29 and 30, 2020.
CC23.3amended
Update on the City's Response to COVID-19 and Financial Impacts
This report provides an update on the City's response to the COVID-19 pandemic. The objectives of the City of Toronto's response continue to be: (1) preventing loss of life, (2) preserving the capacity of the healthcare system, and (3) minimizing the social and economic impacts of the pandemic. As the City progresses through containment of the virus to recovery, the balance between these objectives is assessed and adjusted. This report provides an update on the City's activities to support these objectives as businesses and services gradually reopen. The City's estimated budget shortfall for tax supported programs in 2020 is $1.9 billion. This report details the work the City has been undertaking to address the expenses, loss of revenue, and the unprecedented financial challenges resulting from the pandemic. The report recommends continuing current mitigation strategies, and adopting additional cost savings strategies including workforce and spending restraints that are expected to achieve additional savings. However the City is still projecting a budget shortfall within our tax-supported programs of $1.350 billion by year-end. The City has been engaging with their Federal and Provincial counterparts to obtain funding support for municipalities to offset projected deficits resulting from COVID-19 related financial impacts and longer-term commitment to support Toronto into 2021. The City is optimistic that funding is forthcoming from the Provincial and Federal governments but there is still uncertainty about the extent to which it will offset the remaining 2020 budget pressures and likely shortfall for 2021. This report recommends the City Manager report to City Council in September 2020 with an update on any funding received from the Province of Ontario and Government of Canada that would offset the 2020 budget pressure and any further mitigation options required to address COVID-19 financial impacts. These options may include reduced funding directed to operating services, reductions in capital funding, sale of City assets, and/or revenue measures.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council continue to advocate for $1.350 billion in COVID-19 funding support from the Federal and Provincial Governments to fund the anticipated remaining 2020 COVID-19 financial impacts to the City's tax supported programs following offset generated by the City primarily through cost mitigation strategies; advocate for further funding support to fund impacts to City programs that are not directly supported through the property tax base; as well as funding support for ongoing City-wide COVID-19 related financial impacts anticipated in 2021 and future years. 2. City Council direct the City Manager and the Chief Financial Officer and Treasurer to continue to engage with their Federal and Provincial counterparts to obtain funding support for municipalities to offset projected deficits resulting from COVID-19 related financial impacts and to report to City Council in September 2020 on the results of these discussions, noting any full or partial offsets to the projected year-end deficit. 3. City Council authorize the City Manager, in consultation with the Chief Financial Officer and Treasurer, to take actions as required to preserve the City's ability to secure intergovernmental funding opportunities that may arise, including entering into any necessary agreements with other levels of government, to receive such funding during the period from the completion of the July 28 and 29, 2020 meeting of City Council to the start of the September 30 and October 1, 2020 meeting of City Council. 4. City Council direct the City Manager to report to City Council in September 2020 on any commitments of financial support received from the Federal and Provincial Governments to the City; to continue to explore opportunities to achieve greater 2020 budget efficiencies or offsets; and to provide recommendation in the September 2020 report on any further mitigation options needed to address any remaining 2020 COVID-19 financial impacts. 5. City Council request the City Manager and the Chief Financial Officer and Treasurer, as part of the report back to the September 30 and October 1, 2020 meeting of City Council on COVID-related budget challenges, to include cost implications of, and potential savings, that can be found for all capital projects in excess of $500 million in the current capital plan. 6. City Council, despite Municipal Code Chapter 223, Section 1.1: a. rescind the annual cost of living adjustment salary increase received by Members of Council from January 1, 2020; and b. set the annual salary increase for Members of Council at zero (0) percent for the year 2020; and City Council request the Director, Pension, Payroll and Employee Benefits to make the necessary adjustments to Members' pay to give effect to City Council's decision. 7. City Council approve general annual salary range increases, representing cost of living adjustments for Accountability Officers, and Management/Non-union employees in the Toronto Public Service for 2020 as 0 percent effective January 1, 2020. 8. City Council authorize the City Manager to cancel the Pay for Performance program effective immediately, such that there will be no Pay for Performance increases or re-earnable performance-based lump-sum payments effective January 1, 2021 (based on 2020 performance). 9. City Council approve the implementation of a Voluntary Separation Program for permanent bargaining unit, non-union exempt and management staff who are eligible to retire with an unreduced pension; the program will provide for a lump sum payment of up to three (3) months' salary to eligible employees and will be subject to the terms set out in the program guidelines. 10. City Council approve the City funding the Voluntary Separation Program (for City divisions) and any subsequent separations, including any ancillary payments for vacation and sick leave, from the savings to be generated from either holding the positions that become vacant as a result of this program vacant for a minimum of six months and/or permanently eliminating vacated positions, where feasible. 11. City Council direct that the Employees who wish to be considered for participation in the Voluntary Separation Program be required to complete and submit an application to the People and Equity Division no later than Monday, August 31, 2020; all Employee departures under this program must take place by December 31 2020. 12. City Council request Boards of the City's Agencies and Corporations as appropriate to approve and apply the changes set out in Parts 7 and 8 above to their staff. 13. City Council request that should any Agency or Corporation Board approve a voluntary separation program for their staff, such program be similar to the provisions of the City's proposed Voluntary Separation Program and that Agency Boards submit a report to the Executive Committee through the Budget Committee regarding such proposed program. 14. City Council amend Toronto Municipal Code, Chapter 545, Licensing, to add temporary provisions requiring the operators of establishments that serve food or drink in either indoor or outdoor areas, to implement additional measures necessary to decrease the risk of COVID-19 transmission, as set out in Appendix A to the supplementary report (July 28, 2020) from the Medical Officer of Health and the City Solicitor, such licensed establishments to include: Eating or Drinking Establishments (includes restaurants, cafes, bars and pubs with eat-in or take-out food), Entertainment Establishments/Nightclubs, Adult Entertainment Clubs, Places of Amusement (includes bowling alleys), and Billiard Halls. 15. City Council enact a temporary By-law requiring the owners or operators of apartment buildings and condominium corporations to have a policy to ensure masks or face coverings be worn by individuals in the enclosed common spaces, such as lobbies, elevators and laundry rooms, of their apartment building or condominium building respectively, subject to appropriate exemptions for individuals who are unable to wear a mask or face covering for medical reasons, children under two years old, and other reasonable accommodations; the policy shall include corresponding signage and training for staff on the requirements of the By-law. 16. City Council direct that the amendments and By-law in Parts 14 and 15 above come into force one week after being enacted, and expire at 12:01 a.m. on the first day after the completion of the first Council meeting after the summer recess (currently scheduled for September 30 and October 1, 2020), unless extended by Council. 17. City Council amend Physical Distancing By-laws 322-2020 and 323-2020, making minor modifications to align with updated provincial orders and guidance, and City Council authorize a further extension of the By-laws to provide that they remain in effect until the end of the first Council meeting after the summer recess (currently scheduled for September 30 and October 1, 2020), unless extended by Council. 18. City Council authorize the City Solicitor to introduce the necessary Bills and apply for set fines to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, or technical amendments as may be identified by the City Solicitor, in consultation with the Medical Officer of Health, in order to give best effect to the Medical Officer of Health's recommendations for the protection of the public as described in the supplementary report (July 28, 2020) from the Medical Officer of Health and the City Solicitor. 19. City Council request the City Manager and the Chief People Officer, in consultation with the Medical Officer of Health, to report back to the September 30 and October 1, 2020 City Council meeting on a possible change to the ratio of full-time to part-time paramedics so that more paramedics have paid sick days to decrease the likelihood of paramedics working in other positions that may expose them to greater risk. 20. City Council request the Chief Financial Officer and Treasurer to ensure that in reports to City Council with a Financial Impact section that the proposal be clearly identified as discretionary, critical, priority or essential, as contemplated in the Mitigation Strategies and Budget Offsets section of the report (July 22, 2020) from the City Manager, Chief Financial Officer and Treasurer and the Chief People Officer. 21. City Council request the Chief Financial Officer and Treasurer to ensure in every report to City Council with a Financial Impact section, that proposals which augment, replicate or co-operate with any Federal or Provincial program, service or funding stream be clearly indicated as such.
Staff recommendation as filed
The City Manager and the Chief Financial Officer and Treasurer recommend that: 1. City Council continue to advocate for $1.350 billion in COVID-19 funding support from the Federal and Provincial governments to fund the anticipated remaining 2020 COVID-19 financial impacts to the City's tax supported programs following offset generated by the City primarily through cost mitigation strategies; advocate for further funding support to fund impacts to City programs that are not directly supported through the property tax base; as well as funding support for ongoing City-wide COVID-19 related financial impacts anticipated in 2021 and future years. 2. City Council direct the City Manager and Chief Financial Officer and Treasurer to continue to engage with their Federal and Provincial counterparts to obtain funding support for municipalities to offset projected deficits resulting from COVID-19 related financial impacts and to report to City Council in September 2020 on the results of these discussions, noting any full or partial offsets to the projected year-end deficit. 3. City Council direct the City Manager to report to City Council in September 2020 on any commitments of financial support received from the Federal and Provincial governments to the City; to continue to explore opportunities to achieve greater 2020 budget efficiencies or offsets; and to provide recommendation in the September 2020 report on any further mitigation options needed to address any remaining 2020 COVID-19 financial impacts. The City Manager and Chief People Officer recommend that: 4. City Council approve general annual salary range increases, representing cost of living adjustments for Accountability Officers, and Management/Non-union employees in the Toronto Public Service for 2020 as 0% effective January 1, 2020. 5. City Council authorize the City Manager to cancel the Pay for Performance program effective immediately, such that there will be no Pay for Performance increases or re-earnable performance-based lump-sum payments effective January 1, 2021 (based on 2020 performance). 6. City Council approve the implementation of a Voluntary Separation Program for permanent bargaining unit, non-union exempt and management staff who are eligible to retire with an unreduced pension. The program will provide for a lump sum payment of up to three (3) months' salary to eligible employees and will be subject to the terms set out in the program guidelines. 7. City Council approve the City funding the Voluntary Separation Program (for City divisions) and any subsequent separations, including any ancillary payments for vacation and sick leave, from the savings to be generated from either holding the positions that become vacant as a result of this program vacant for a minimum of six months and/or permanently eliminating vacated positions, where feasible. 8. City Council direct that the Employees who wish to be considered for participation in the Voluntary Separation Program be required to complete and submit an application to the People and Equity Division no later than Monday, August 31, 2020; all Employee departures under this program must take place by December 31 2020. 9. City Council request Boards of the City's Agencies and Corporations as appropriate to approve and apply the changes set out in Recommendations 4 and 5, to their staff. 10. City Council request that should any Agency or Corporation Board approve a voluntary separation program for their staff, such program be similar to the provisions of the City's proposed Voluntary Separation Program and that Agency Boards submit a report to Executive Committee through the Budget Committee regarding such proposed program.
MM23.3referred
Gasoline-powered leaf blowers and other types of small engine equipment are powered by inefficient two-stroke engines. The process of incomplete fuel combustion generates dangerous hydrocarbon 500 times that of an average automobile and produces toxic aerosol (including carcinogenic particulates) for us to breathe in. These machines have shown to be heavily polluting which can lead to the destruction of our ecosystem. Recently published studies observed a dramatic loss of insect populations across the globe. Just within the past three decades, the number of flying insects had declined by more than 75 percent in sixty of Germany's protected area. Based on available researches, 40 percent of insect species are undergoing major declines around the world. Our local bee populations are facing similar threats. This rapid decline is largely attributed to habitat loss and fragmentation, with gas-powered garden equipment as a major contributing factor due to its heavily polluting nature. It destroys habitats either by harming the soil biology or absorbing small animals and insects through suction. Experts warn that if this trend continues, terrestrial and freshwater ecosystem will collapse with profound consequences on our health and wellbeing. Increasingly, private landscapers are using leaf blowers to remove grass clippings outside the fall season, i.e., from May to September, when no leaves are on the ground. This unnecessary step exposes our neighbourhoods to a greater range of air pollutants and destroys insect populations with adverse impacts on our local ecosystems. Banning or severely restricting gas-operated leaf blowers have been successfully implemented in over 90 cities/municipalities in California and more than 100 other cities in the USA. In Canada, the West End of the City of Vancouver and Beaconsfield have bans to address air and other pollutions. Portland supported a transition to electric operations in 2021 in addition to a ban. Most recently, the findings of the insect population decline have led to a similar proposals in Germany. In the most recent study conducted by the Harvard School of Public Health, breathing in combustion aerosols and fine particulates compromise those with lung disease and significantly raise the risk of death from COVID-19.
City Council on July 28 and 29, 2020, referred Motion MM23.3 to the Infrastructure and Environment Committee.
Staff recommendation as filed
Councillor Shelley Carroll, seconded by Councillor James Pasternak, recommends that: 1. City Council request the City Manager, in consultation with the Medical Officer of Health, to report back in the first quarter of 2021 on the environmental and associated health impacts of gasoline-powered two-stroke engine leaf blowers and other similarly operated garden equipment, including the feasibility of a year-round ban or a ban from May to September.
RM23.3adopted
Introduction of Committee Reports and New Business from City Officials
Deterred Items: North York Community Council Item NY14.1 North York Community Council Item NY14.5 Scarborough Community Council Item SC12.4 Scarborough Community Council Item SC12.6 Report of the Executive Committee from Meeting 15 on July 21, 2020 Submitted by Mayor John Tory, Chair Report of the Board of Health from Meeting 18 on July 2, 2020 Submitted by Councillor Joe Cressy, Chair Report of the Civic Appointments Committee from Meeting 13 on July 22, 2020 Submitted by Deputy Mayor Denzil Minnan-Wong Report of the Economic and Community Development Committee from Meeting 14 on July 20, 2020 Submitted by Councillor Michael Thompson, Chair Report of the General Government and Licensing Committee from Meeting 14 on July 7, 2020 Submitted by Councillor Paul Ainslie, Chair Report of the Infrastructure and Environment Committee from Meeting 14 on July 9, 2020 Submitted by Councillor James Pasternak, Chair Report of the Planning and Housing Committee from Meeting 15 on July 13, 2020 Submitted by Councillor Ana Bailão, Chair Report of the Etobicoke York Community Council from Meeting 16 on July 14, 2020 Submitted by Councillor Mark Grimes, Chair Report of the North York Community Council from Meeting 16 on July 15, 2020 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 16 on July 17, 2020 Submitted by Councillor Jennifer McKelvie, Chair Report of the Toronto and East York Community Council from Meeting 16 on July 16, 2020 Submitted by Councillor Gord Perks, Chair New Business submitted by City Officials
Committee Reports and New Business were presented to City Council for consideration.
CC23.4adopted
Annual Report of the Toronto Lobbyist Registrar for the Year 2019
Attached is the Annual Report of the Toronto Lobbyist Registrar for the Year 2019.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council receive the Annual Report of the Toronto Lobbyist Registrar for the Year 2019 for information.
Staff recommendation as filed
The Lobbyist Registrar recommends that: 1. City Council receive the Annual Report of the Toronto Lobbyist Registrar for the Year 2019 for information.
MM23.4adopted
The area that encompasses St. Conrad Catholic School (5 Exbury Road) has a growing population and an increasing number of children and young families. The school and community require safe and new playgrounds facilities to meet the needs of the neighbourhood that has been neglected for a long time. The Toronto Catholic District School Board has identified a need for capital investments on the site, in the form of a renewed playground. This facility can continue to be used by community members to supplement their access to local outdoor play space outside of school hours. In consultation with parents, students and community, the Toronto Catholic District School Board and St. Conrad Catholic School devised a plan to redesign the St. Conrad's schoolyard which includes new different play areas, new outdoor furniture, improved and safer landscaping and additional sport courts. The schoolyard will be accessible to the community after school hours. This Motion seeks Council authority to release $30,000 of Section 37 funds to the Toronto Catholic District School Board for the purpose of funding school ground improvements at St. Conrad Catholic School located at 5 Exbury Road. The City of Toronto secured funds under Section 37 of the Planning Act with the owners of the development at 3100 Keele Street to be used towards capital improvements to parkland in Ward 9 (now Ward 6) at the discretion of the General Manager, Parks, Forestry Recreation and the Ward Councillor. Council approved Implementation Guidelines for Section 37 provide state that: "Cash contributions toward the capital improvement of school board playgrounds are eligible S.37 community benefits where the playground serves as a local park, where the public will continue to have reasonable access for the foreseeable future, and where there is no local City-owned parkland performing a similar function in the same community that could otherwise benefit from the cash contribution." The Toronto Catholic District School Board will sign an Undertaking governing the use of the funds and the financial reporting requirements prior to the funds being released from the City.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council increase the Approved 2020 Operating Budget for Non-Program by $30,000.00 gross, $0 net, (Cost Centre: NP2161) fully funded by Section 37 funds obtained in the development at 3100 Keele Street (Source Account: 220096) for the purpose of providing one-time capital funding to the Toronto Catholic District School Board for playground improvements at St. Conrad Catholic School located at 5 Exbury Road. 2. City Council direct that the $30,000.00 be forwarded to the Toronto Catholic District School Board upon the signing of an Undertaking by the Toronto Catholic District School Board governing the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Mike Colle, recommends that: 1. City Council increase the Approved 2020 Operating Budget for Non-Program by $30,000.00 gross, $0 net, (Cost Centre: NP2161) fully funded by Section 37 funds obtained in the development at 3100 Keele Street (Source Account: 220096) for the purpose of providing one-time capital funding to the Toronto Catholic District School Board for playground improvements at St. Conrad Catholic School located at 5 Exbury Road. 2. City Council direct that the $30,000.00 be forwarded to the Toronto Catholic District School Board upon the signing of an Undertaking by the Toronto Catholic District School Board governing the use of the funds and the financial reporting requirements.
RM23.4received
Members of Council may file petitions.
No petitions were filed during the Routine Matters portion of the meeting.
CC23.5adopted
445 - 451 Adelaide Street West - Appeal of Local Planning Appeal Tribunal Decision
On April 14, 2020, the Local Planning Appeal Tribunal (the "LPAT") issued a decision approving, in part, the Zoning By-law Amendment Application made pursuant to subsection 34(11) of the Planning Act for the properties at 445-451 Adelaide Street West (the "Development Site"). The Local Planning Appeal Tribunal Act allows the parties to a hearing to seek leave to appeal a decision of the LPAT to the Divisional Court. The City Solicitor requires further directions.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 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 (July 21, 2020) from the City Solicitor at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 21, 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. Confidential Attachment 1 to the report (July 21, 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 confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (July 21, 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 confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 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 (July 21, 2020) from the City Solicitor at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 21, 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.
MM23.5adopted
For those residents without Cottages the City's beaches are an important destination. Cherry Beach is one of these very popular destinations for Toronto families, especially during the hot weather. Access to Cherry Beach remains difficult as there is limited transit service on Cherry Street and none on Unwin Avenue. Also much of the beachfront is on lease to sailing clubs and that includes private parking lots. Regatta Road is one road on which parking can be accommodated. It is owned by the City and like other parks sites, Green P can be introduced, provided the Toronto Parking Authority agrees. Currently the signage that says No Parking is covered with foliage and those families who do not own cottages, or who are not members of the sailing clubs who have parked on Regatta Road have received $100 tickets for a day at the beach.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council direct the General Manager, Parks, Forestry and Recreation to remove the No Parking signage on Regatta Road and establish parking conditions as contemplated in sections 27 and 30 of Municipal Code Chapter 608, Parks, in consultation with the Toronto Parking Authority as necessary, and to develop, in consultation with the local Councillor, an interim parking policy that provides parking to visitors to Cherry Beach. 2. City Council direct the General Manager, Parks, Forestry and Recreation to verify that the No Parking signage on Regatta Road has not been visible and to notify Court Services and the Administrative Penalty Tribunal that the signage has not been visible from the road due to foliage. 3. City Council authorize the General Manager, Parks, Forestry and Recreation to arrange for the installation of parking meters on Regatta Road as necessary, to enter into such agreements for the parking meters and the enforcement and administration of this parking as the General Manager, Parks, Forestry and Recreation deems appropriate, and to ensure that the Administrative Penalty Screening Office, the Administrative Penalty Tribunal, and the Toronto Police Service Parking Enforcement Unit are notified of any and all changes made to the parking policies and regulations on Regatta Road as soon as such changes are made.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Brad Bradford, recommends that: 1. City Council direct the General Manager, Parks, Forestry and Recreation to remove the No Parking signage on Regatta Road and establish parking conditions as contemplated in sections 27 and 30 of Municipal Code Chapter 608, Parks, in consultation with the Toronto Parking Authority as necessary, and to develop, in consultation with the local Councillor, an interim parking policy that provides parking to visitors to Cherry Beach. 2. City Council direct the General Manager, Parks, Forestry and Recreation to verify that the No Parking signage on Regatta Road has not been visible and to notify Court Services and the Administrative Penalty Tribunal that the signage has not been visible from the road due to foliage. 3. City Council authorize the General Manager, Parks, Forestry and Recreation to arrange for the installation of parking meters on Regatta Road as necessary, to enter into such agreements for the parking meters and the enforcement and administration of this parking as the General Manager deems appropriate, and to ensure that the Administrative Penalty Screening Office, the Administrative Penalty Tribunal, and the Toronto Police Service Parking Enforcement Unit are notified of any and all changes made to the parking policies and regulations on Regatta Road as soon as such changes are made.
RM23.5received
Presentations, Introductions and Announcements
Various presentations and announcements will be made at the City Council meeting.
July 29, 2020 Councillor Fletcher, during the afternoon session of the meeting, advised Members of Council that, further to Councillor Colle's Member Motion MM23.31, which referenced a noose being found at an Eglinton Crosstown construction site, a person has been found responsible, fired from their job and disengaged from their union, and it was unclear whether hate crime charges would be laid in the incident.
CC23.6adopted
At its meeting on May 24, 2017, City Council adopted the College Street Site and Specific Policy Official Plan Amendment ("OPA 379"), which was the recommended Official Plan Amendment resulting from the College Street Study (the "Study"). The Study reviewed the policy context for College Street (generally from University Avenue to Bathurst Street) (the "Study Area') to address land use and the inclusion of institutional uses within mixed-use buildings; building scale and height; and public realm, including special places and pedestrian improvements. OPA 379 clarifies the expectations for the built form for new developments falling within the Study Area. While OPA 379 provides general direction for the entire Study Area, it also provides further direction specific to development in six distinct Character Areas (A through F) to reflect the unique characteristics of each respective Character Area. Council also adopted the College Street Urban Design Guidelines (the "Guidelines"), which are intended to support OPA 379 and be used as a tool to evaluate proposed developments in the Study area so as to ensure that such development is compatible with the existing context. The Governing Council of University of Toronto (the "University") appealed City Council's decision to adopt OPA 379 to the Ontario Municipal Board (the "OMB"), now known as the Local Planning Appeal Tribunal (the "LPAT"). The University was of the view that OPA 379 and the accompanying Guidelines did not sufficiently recognize the unique urban design circumstances of the University's St. George Campus and the concurrent planning processes undertaken by the City with respect to the St. George Campus. The purpose of this report is to request further instructions with respect to the University's appeal. City Planning has been involved in the preparation of this report.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 16, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, Confidential Attachment 2 and Confidential Appendices A, B and C to the report (July 16, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 16, 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 (July 16, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated July 16, 2020 in Confidential Attachment 2 the report (July 16, 2020) from the City Solicitor. 2. City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to modify and partially approve Official Plan Amendment 379, substantially in accordance with Confidential Appendix A to Confidential Attachment 2 the report (July 16, 2020) from the City Solicitor. 3. City Council authorize the Director, Urban Design to amend the College Street Urban Design Guidelines, substantially in accordance with Confidential Appendix B to Confidential Attachment 2 the report (July 16, 2020) from the City Solicitor. 4. City Council authorize the City Solicitor to request that the University of Toronto's appeal of Official Plan Amendment 379 be allowed in part, on the basis of the requested modifications to and partial approval of Official Plan Amendment 379. 5. City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision. Confidential Attachment 2 and Confidential Appendices A, B and C to the report (July 16, 2020) 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 (July 16, 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 (July 16, 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, and authorize the public release of Confidential Attachment 2, and Confidential Appendices "A" through "C" 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.
MM23.6adopted
On September 30, 2015, City Council authorized the Director, Affordable Housing Office (now the Housing Secretariat) to negotiate the purchase of two new one-bedroom units in Alexandra Park at below market cost on behalf of the Atkinson Housing Co-Operative Inc. The purchase of these properties fulfilled Toronto Community Housing Corporation's Section 37 Agreement under the re-zoning of the Alexandra Park revitalization. The purchase and transfer of the two units at 80 Vanauley Street were completed on June 29, 2020. Given that these units are to be rented as affordable rental housing by Atkinson Housing Co-Operative Inc. (at or below 80 percent average market rent), it is recommended that City Council approve an exemption from taxation for municipal and school purposes for the term of 25 years. Additionally, to assist Atkinson Housing Co-Operative Inc. with operational costs related to these two units, it is recommended that a one-time allocation of $3,000, in form of a grant, be provided from the Capital Revolving Reserve Fund (XR1058).
City Council on July 28 and 29, 2020, adopted the following: 1. City Council exempt the two new affordable rental homes at 80 Vanauley Street (being units 309 and 409), gained through a Section 37 Agreement on the property, from taxation for municipal and school purposes for the term of 25 years. 2. City Council authorize the Executive Director, Housing Secretariat to negotiate, enter into and execute on behalf of the City, a municipal housing facility agreement (the City's Contribution Agreement) with Atkinson Housing Co-Operative Inc. to secure the financial assistance, being provided and to set out the terms of the development and operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor. 3. City Council authorize severally each of the Executive Director, Housing Secretariat and the General Manager, Shelter, Support and Housing Administration to execute, on behalf of the City, any City security documents including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by City Council. 4. City Council authorize City staff to cancel or refund any taxes paid from the date the By-law exempting the property from taxation is enacted. 5. City Council authorize the Executive Director, Housing Secretariat to provide $3,000 in one-time funding, inclusive of HST and disbursements, from the Capital Revolving Reserve Fund (XR1058) as a grant to Atkinson Housing Co-Operative Inc. to be used to fund operating expenses related to the two new affordable rental homes at 80 Vanauley Street.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Ana Bailão, recommends that: 1. City Council exempt the two new affordable rental homes at 80 Vanauley Street (being units 309 and 409), gained through a Section 37 Agreement on the property, from taxation for municipal and school purposes for the term of 25 years. 2. City Council authorize the Executive Director, Housing Secretariat to negotiate, enter into and execute on behalf of the City, a municipal housing facility agreement (the City's Contribution Agreement) with Atkinson Housing Co-Operative Inc. to secure the financial assistance, being provided and to set out the terms of the development and operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor. 3. City Council authorize severally each of the Executive Director, Housing Secretariat and the General Manager, Shelter, Support and Housing Administration to execute, on behalf of the City, any City security documents including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by City Council. 4. City Council authorize City staff to cancel or refund any taxes paid from the date the By-law exempting the property from taxation is enacted. 5. City Council authorize the Executive Director, Housing Secretariat to provide $3,000 in one-time funding, inclusive of HST and disbursements, from the Capital Revolving Reserve Fund (XR1058) as a grant to Atkinson Housing Co-Operative Inc. to be used to fund operating expenses related to the two new affordable rental homes at 80 Vanauley Street.
RM23.6amended
City Council will review the Order Paper.
July 28, 2020: City Council adopted the July 28, 2020, Order Paper, as amended, and all other Items not held on consent. July 29, 2020: City Council adopted the July 29, 2020, Order Paper.
CC23.7adopted
The purpose of this report is to request further instructions with respect to RioCan's appeal of its Zoning By-law Amendment application. City Planning has been involved in the preparation of this report.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 22, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2, 3 and 4 to the report (July 22, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 22, 2020) 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 (July 22, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Revised Settlement Offer dated July 17, 2020 in Confidential Attachment 2 to the report (July 22, 2020) from the City Solicitor. 2. City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to approve the site specific Zoning Amendment for the site, substantially in accordance with the revised plans in Confidential Attachment 3 to the report (July 22, 2020) from the City Solicitor, subject to Parts 3 to 7 below. 3. City Council accept an off-site parkland dedication of 376 square metres at 21 Southvale Drive, in satisfaction of the owner's required parkland contribution pursuant to Section 42 of the Planning Act, with the final location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor; the off-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 4. City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by the owner of above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of the development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 5. City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act, as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. a cash contribution of Two Million Seven Hundred Thousand Dollars ($2,700,000.00) to be paid by the owner prior to the issuance of the first above-grade building permit for the proposed development and to be allocated toward community services and facilities, local parkland acquisition and improvements, and/or public realm improvements within the vicinity of the subject property, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; ii. a cash contribution of One Hundred and Sixty Five Thousand Dollars ($165,000.00) to be paid by the owner prior to the issuance of the first above-grade building permit for improvements to the greenspace located at the northwest corner of Bessborough Drive and Eglinton Avenye East; iii. the cash contributions referred to in Parts 5.a.i. and ii. above are to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the agreement to the date of payment; and iv. in the event the cash contribution referred to in Part 5.a.i. and ii. above have not been used for the determined purposes within three years of the amending Zoning By-law coming into full force and effect, the cash contributions may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose(s) is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the site; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development if approved by the Local Planning Appeal Tribunal: i. the above base park improvements for the off-site parkland dedication referred to in Part 3 above, along with the development charge credit referred to in Part 4 above; and ii. the release of the existing sewer easement over the site, provided the existing pipe is relocated as requested by City staff at the owner's expense. 6. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold issuance of its Order until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment(s) are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered to the satisfaction of the City Solicitor, securing the benefits and matters of legal convenience outlined in City Council's decision; and c. the Owner has satisfied the requirement of Engineering and Construction Services, as set out in its September 6, 2016 memorandum. 7. City Council direct that a community working group be established, in consultation with City Planning and the local Councillor, for the Site Plan process, to review matters as they relate to the proposed rear landscaping area and tree preservation. Confidential Attachments 2, 3 and 4 to the report (July 22, 2020) 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 (July 22, 2020) 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. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, and authorize the public release of Confidential Attachments 2, 3 and 4 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, as it contains advice which is subject to solicitor-client privilege.
MM23.7adopted
In April 2020, in response to the COVID-19 pandemic, C40 Mayors from across the world launched a Global Mayors COVID-19 Recovery Task Force "to rebuild our cities and economies in a way that improves public health, reduces inequality and addresses the climate crisis." The Task Force recognizes that the pandemic has fuelled not only a health crisis, but a social and economic one, and aims to use the principles of the Global Green New Deal to support cities in building a green and just recovery. Mayor John Tory has formally endorsed the Task Force's Statement of Principles, which include fuelling recovery by investing in public services and community resilience; investing in measures that improve resilience and protect against future threats including the climate crisis; and recognizing that climate action can help to accelerate economic recovery and improve social equity. The Principles also include a commitment to work towards ensuring that national governments, and regional and international institutions, provide cities with the necessary supports to deliver a healthy, equitable and sustainable recovery. Importantly, the Task Force's first Principle is that COVID-19 recovery should not lead to "business as usual": A path that - when it comes to the other global crisis, the climate crisis - has us on track for worldwide catastrophe. C40 Mayors, climate experts, and activists alike agree that in the effort to recover, we have been presented with the opportunity to build a greener, more resilient economy that leaves no one behind. The forthcoming report from the Toronto Office of Recovery and Rebuild can help our City to put this into action. By incorporating these recommendations, as well as recovery proposals being put forward by local environmental organizations and climate experts into our plan for recovery, the City can take the bold action required to build a more resilient, equitable, and low-carbon Toronto.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council request that the Toronto Office of Recovery and Rebuild's report to Council be guided by the C40 Cities' COVID-19 Recovery Task Force's Statement of Principles, and City Council request the City Manager to include actions that address the three key components of the C40 Mayors' Agenda for a Green and Just Recovery (jobs and an inclusive economy, resilience and equity, and health and wellbeing) into future reports on Toronto's Strategy for Recovery and Rebuild.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council request that the Toronto Office of Recovery and Rebuild's report to Council be guided by the C40 Cities' COVID-19 Recovery Task Force's Statement of Principles, and City Council request the City Manager to include actions that address the three key components of the C40 Mayors' Agenda for a Green and Just Recovery (jobs and an inclusive economy, resilience and equity, and health and wellbeing) into future reports on Toronto's Strategy for Recovery and Rebuild.
CC23.8amended
On August 11, 2017, an application for this site was submitted to the City to amend the Zoning By-law to permit a mixed-use development containing retail uses at grade and office uses above grade. A six-storey building was proposed to front King Street West (at 582-590 King Street West), connected to a 12-storey building located at 471-473 Adelaide Street West and 115 Portland Street. The applicant appealed City Council's failure to issue a decision on the Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT) and a Request for Direction Report (May 18, 2018) from the Acting Director, Community Planning, Toronto and East York District, was considered by City Council at its meeting on June 26, 27, 28 and 29, 2018. The report recommended that City Council authorize City staff to oppose the application in its current form and continue discussions with the applicant. A 20-day hearing before the LPAT was scheduled to begin on May 5, 2020. The hearing was subsequently adjourned due to the Covid 19 pandemic and it is anticipated that new dates will be scheduled in the late fall of 2020. In advance of the May hearing dates the parties agreed to LPAT led mediation, and following a mediation that took place in December, 2019 and January, 2020, the applicant revised their plans, and on May 20, 2020 submitted a with prejudice settlement offer to the City for a revised development proposal. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting on July 28 and 29, 2020.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 20, 2020) from the City Solicitor, as amended by motion 1 by Councillor Joe Cressy. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 20, 2020) from the City Solicitor, as amended by motion 1 by Councillor Joe Cressy and City Council direct that the balance of Confidential Attachment 1 to the report (July 20, 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 (July 20, 2020) from the City Solicitor, as amended by motion 1 by Councillor Joe Cressy, were adopted by City Council and are now public, as follows: 1. City Council accept the Offer to Settle as set out in Public Appendix 1 to the report (July 20, 2020) from the City Solicitor and City Council authorize the City Solicitor, together with appropriate City staff to attend at the Local Planning Appeal Tribunal hearing in support of the revised proposal. 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 the final Order on the Zoning By-law Amendment appeal until such time as: a. the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Toronto and East York District and the City Solicitor; b. the owner addresses all outstanding comments outlined in Part I, Zoning By-law Amendment Application, in the memorandum from the Manager, Development Engineering, Engineering and Construction Services, dated December 21, 2017; c. the owner pays for and constructs 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 owner has entered into an Agreement with the City pursuant to Section 37 of the Planning Act as follows: i. prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of $1,000.000.00 to be directed towards the provision of community services and facilities, parkland improvements and/or public realm improvements in the vicinity of the site to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; ii. the cash contributions referred to in Part 2.d.i. above shall be increased upwards by indexing in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of registration of the Section 37 Agreement to the date the payment is made to the City; iii. in the event the cash contributions referred to in Part 2.d.i. above has not been used for the intended purposes within three (3) years of the By-laws coming into full force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10; and iv. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: 1. prior to the commencement of any demolition, shoring or excavation work, the owner agrees to submit, and thereafter implement, a construction management plan to address such matters as noise, dust, street closures, parking and laneway uses and access; such plan shall be to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; e. the owner has entered into a Heritage Easement Agreement with the City for the property at 582 King Street West, including 590 and 592 King Street West and 471 and 473 Adelaide Street West, substantially in accordance with plans and drawings prepared by prepared by KFA Architects and Planners Inc. dated March 13, 2020, and the Heritage Impact Assessment prepared by GBCA Architects dated February 28, 2020, subject to and in accordance with the approved Conservation Plan required in Part 2.f. below, all to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; f. the owner has provided a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for the Lands dated February 28, 2020, to the satisfaction of the Senior Manager, Heritage Planning; and g. the owner has withdrawn their appeal(s) of the King-Spadina Heritage Conservation District Plan, and if not an appellant, but rather a party to such appeals, the owner shall withdraw as a party and not seek any party or participant status on the appeals, as it relates to the development site. 3. Prior to Final Site Plan approval for the Lands, or any part of the Lands, City Council require that the owner shall: a. provide final site plan drawings, including drawings related to the approved Conservation Plan required in Part 2.f. above to the satisfaction of the Senior Manager, Heritage Planning; b. provide an Interpretation Plan for the subject property to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; and c. provide a Heritage Lighting Plan that describes how the buildings on the subject property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning. 4. Prior to the issuance of any permit for all, or any part of the Lands, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning, City Council require that the owner shall: a. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.f. above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; and b. provide a Letter of Credit, including provision for upwards indexing in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Interpretation Plan. 5. Prior to the release of the Letter of Credit required in Part 4.b. above, City Council require that the owner shall: a. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation, lighting and interpretation has been completed in accordance with the relevant approved plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and b. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning. The balance of Confidential Attachment 1 to the report (July 20, 2020) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendations are adopted by City Council, then City Council authorize the public release of the recommendations 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).
MM23.8adopted
This Motion recommends the release $20,000 in Section 37 Planning Act funds to St. Stephen's Community House for the purpose of undertaking capital upgrades to their facilities at 260 Augusta Avenue. St. Stephen's Community House is a unique, community-based social service agency that has been serving the needs of Kensington Market and other neighbourhoods in Toronto since 1962. The building at 260 Augusta Avenue is focused on providing urban health and homelessness services, including nutritious meals, showers, access to telephones, computers and a mail registry. They also offer assistance with finding affordable housing, substance use and crisis counselling, primary health care, HIV/AIDS awareness and prevention, mental health case management and a financial trustee program. Major repairs to the transformer vault in the basement of 260 Augusta Avenue required by Toronto Hydro represent an extraordinary expense for St. Stephen's Community House. The work includes the need to replace waterproofing protecting the concrete vault and to restore damage to the north and south entryways directly above the vault. Funds have been secured from the development at 57 Spadina Avenue as community benefits through Section 37 of the Planning Act, to be allocated towards community services and facilities and public realm improvements in the Ward, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. The funds identified have been received by the City.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council increase the Approved 2020 Operating Budget for Non-Program on a one-time basis by $20,000.00 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from 57 Spadina Avenue (Source Account: XR3026- 3700954) for transfer to St. Stephen's Community House for capital upgrades to their facilities located at 260 Augusta Avenue (Cost Centre: NP2161). 2. City Council forward the $20,000.00 to St. Stephen's Community House, subject to St. Stephen's Community House signing an Undertaking governing the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Mike Layton, recommends that: 1. City Council increase the Approved 2020 Operating Budget for Non-Program on a one-time basis by $20,000.00 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from 57 Spadina Avenue (Source Account: XR3026- 3700954) for transfer to St. Stephen's Community House for capital upgrades to ther facilities located at 260 Augusta Avenue (Cost Centre: NP2161). 2. City Council forward the $20,000.00 to St. Stephen's Community House, subject to St. Stephen's Community House signing an Undertaking governing the use of the funds and the financial reporting requirements.
CC23.9adopted
Janet and Victor Minas (the "Applicants") are the owners of the property municipally known as 20 Sandringham Drive (the "Subject Site"), which is located on the east side of Sandringham Drive, north of Wilson Avenue. The property is zoned R3 under the former North York Zoning By-law No. 7625 and RD (f18.0;a690) in the City of Toronto Zoning By-law No. 569-2013. A portion of the rear yard of the property is located in a ravine. The Subject Site currently contains a single detached residential dwelling and has a total lot frontage of 49 metres and a lot area of 4,971.08 square metres. In 2016, the Applicants submitted a Consent to Sever application to the Committee of Adjustment, North York Panel, (the "Committee") proposing to sever the Subject Site to create a new residential building lot (municipal file no.: B0060/16NY) (the "Consent Application"). The existing dwelling was proposed to be maintained on the retained lot. The retained lot was proposed to have a lot frontage of 19.6 metres and a lot area of 3,990.12 square metres. The conveyed lot was proposed to have a frontage of 29.4 metres and a lot area of 980.96 square metres. Both the retained and conveyed lots created by the proposed severance are in compliance with the minimum requirements for lot frontage and lot area under both applicable zoning by-laws. City Planning staff submitted a report to the Committee dated March 13, 2017, expressing concern with the configuration of the proposed severance in the Consent Application (the "Staff Report"). Planning noted that the configuration of the two proposed lots would create a situation where the conveyed parcel would be situated substantially in front of the retained parcel, creating a 'house behind a house' condition. The Staff Report also noted that while no building plans for the conveyed lot were submitted with the Consent Application, any new house constructed on the conveyed parcel would likely require front and rear yard variances. As a result, the Staff Report recommended refusal of the Consent Application as configured at that time. At its hearing on March 22, 2017, the Committee refused the Consent Application. The Committee's decision was appealed to the Ontario Municipal Board (the "OMB") (now the "Local Planning Appeal Tribunal" or "LPAT"). The original OMB hearing regarding the Consent Appeal was scheduled to be heard in September 2017, but was adjourned to allow the Applicants time to revise their proposal. A new hearing date in January 2018 was again adjourned to allow time for revisions. In 2019, the Applicants submitted a related Minor Variance application to the Committee (municipal file no.: A0246/19NY) (the "Minor Variance Application"). The Minor Variance Application sought a rear yard setback variance for the existing dwelling on the retained lot from the minimum requirement of 20.74 metres (under the By-law 569-2013) to 8.66 metres. The variance was now required because of revisions to the proposed Consent Application, which included a dedication of a portion of the rear yard located in the ravine to the Toronto and Region Conservation Authority ("TRCA"). This would have the effect of moving up the rear property line, causing the rear of the existing dwelling to no longer meet the minimum rear yard setback distance and necessitating the variance requested. At its hearing on June 5, 2019, the Committee decided to defer consideration of the Minor Variance Application. The Committee's decision was appealed to the LPAT. The minor variance appeal was consolidated with the existing consent appeal (the "Appeals"). The Appeals are known as LPAT Case No. PL170431. A 3-day LPAT hearing for the consolidated Appeals was scheduled for May 27, 2020. However, as a result of the Covid-19 pandemic and the Province of Ontario's emergency order under Ontario Regulation 73/20, the LPAT hearing was cancelled and will be rescheduled in the future. The purpose of this report is to request instructions regarding the LPAT Appeals. City Planning has been involved in the preparation of this report.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to report (July 20, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to report (July 20, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to report (July 20, 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. 4. City Council authorize the public release of Confidential Attachment 2 to report (July 20, 2020) from the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (July 20, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the without prejudice Settlement Offer dated July 14, 2020, in Confidential Attachment 2 to the report (July 20, 2020) from the City Solicitor, subject to Parts 2 to 4 set out 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 July 14, 2020 in Confidential Attachment 2 to the report (July 20, 2020) from the City Solicitor , subject to Parts 3 and 4 set out below. 3. City Council's acceptance of the Settlement Offer dated July 14, 2020 is subject to the Owner confirming to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning the following matters: a. the Owner shall submit and obtain a zoning review from the City confirming that no variances are required for the conveyed lot and that no additional variances apart from the rear yard setback variance shown on the Revised Plans are required for the retained lot. 4. City Council instruct the City Solicitor to request that the Local Planning Appeal Tribunal's Order regarding the consent application be conditional on the Owner fulfilling the following conditions of consent approval: a. confirmation of payment of outstanding taxes to the satisfaction of the Revenue Services Division, in the form of a statement of tax account current to within 30 days of an applicant's request to the Deputy Secretary-Treasurer of the Committee of Adjustment to issue the Certificate of Official; b. municipal numbers for the subject lots indicated on the applicable registered reference plan of survey shall be assigned to the satisfaction of the Supervisor, Surveys, Engineering Support Services, Engineering and Construction Services; c. one electronic copy of the registered reference plan of survey integrated to NAD 83 CSRS (3 degree Modified Transverse Mercator projection), delineating by separate Parts the lands and their respective areas, shall be filed with, and to the satisfaction of, the Manager, Land and Property Surveys, Engineering Support Services, Engineering and Construction Services; d. one electronic copy of the registered reference plan of survey satisfying the requirements of the Manager, Land and Property Surveys, Engineering Support Services, Engineering and Construction Services shall be filed with the Deputy Secretary-Treasurer of the Committee of Adjustment; e. prepare and submit a digital draft of the Certificate of Official, Form 2 or 4, O. Reg. 197/96, referencing either subsection 50(3) or (5) of the Planning Act if applicable as it pertains to the conveyed land and/or consent transaction to the satisfaction of the Deputy Secretary-Treasurer of the Committee of Adjustment; f. once all of the other conditions have been satisfied, the applicant shall request, in writing, that the Deputy Secretary-Treasurer of the Committee of Adjustment issue the Certificate of Official; and g. within one year of the date of the giving of this notice of decision, the applicant shall comply with the above-noted conditions. Confidential Attachment 2 to the report (July 20, 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 (July 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 that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 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 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. 4. City Council authorize the public release of Confidential Attachment 2 to this report, if the confidential recommendations contained in Confidential Attachment 1 to this report are adopted by City Council.
MM23.9adopted
At its meeting on June 29 and 30, 2020, City Council provided direction to take the next steps in planning and implementing a safe-seating plan, fencing and tree planting, and any other safety improvements deemed necessary at Maryport Parkette and de Havilland (Mossie) Park. This Motion requests authority from City Council to amend the Council Approved 2020 Capital Budget and 2021-2029 Capital Plan for Parks, Forestry and Recreation to create a new capital sub-project for improvements to Maryport Parkette and deHavilland (Mossie) Park, with a project cost of $0.120 million and cash flow commitments of $0.050 million in 2020 and $0.070 million in 2021 for the purposes of completing the aforementioned safety improvements. The improvements will be fully funded by Section 37 community benefits obtained from the development at 3100 Keele Street. Section 37 funds have been received and are eligible for these purposes. Operating impacts, if required, will be submitted for consideration through future budget submissions.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council amend the Approved 2020-2029 Parks, Forestry and Recreation Capital Budget and Plan to create a new capital sub-project known as Maryport Parkette and de Havilland (Mossie) Park Improvements in the Park Development project, with a project cost of $0.120 million, and cash flow commitments of $0.050 million in 2020 and $0.070 million in 2021, fully funded by Section 37 community benefits obtained from the development at 3100 Keele Street (Clearing Account: 220096) for the purpose of improvements to the parkette and park.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Mark Grimes, recommends that: 1. City Council amend the Approved 2020-2029 Parks, Forestry and Recreation Capital Budget and Plan to create a new capital sub-project known as Maryport Parkette and de Havilland (Mossie) Park Improvements in the Park Development project, with a project cost of $0.120 million, and cash flow commitments of $0.050 million in 2020 and $0.070 million in 2021, fully funded by Section 37 community benefits obtained from the development at 3100 Keele Street (Clearing Account: 220096) for the purpose of improvements to the parkette and park.
CC23.10adopted
On February 26, 2019, City Council stated its intention to designate the property at 64 Wellesley Street East under Part IV, Section 29 of the Ontario Heritage Act. The City Clerk received an objection from the owner of the property and the designation was referred to the Conservation Review Board. By letter dated July 6, 2020 to the Conservation Review Board, the Owner has withdrawn their objection on the basis of a revised statement of significance and heritage attributes. The letter is included as Public Attachment 1. City Planning has been involved in the preparation of this report.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 22, 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 (July 22, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 22, 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 (July 22, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor to introduce the Bill in City Council designating the property under Part IV, Section 29 of the Ontario Heritage Act that includes the revisions contained in Public Attachment 1 to the report (July 22, 2020) from the City Solicitor to the Statement of Significance: 64 Wellesley Street East (Reasons for Designation). 2. City Council authorize the City Solicitor to make any necessary technical and/or stylistic changes to the Bill that incorporates the Revised Statement of Significance: 64 Wellesley Street East (Reasons for Designation) as generally set out in Public Attachment 1 to the report (July 22, 2020) from the City Solicitor. The balance of Confidential Attachment 1 to the report (July 22, 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 (July 22, 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 (July 22, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to the report (July 22, 2020) 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 (July 22, 2020) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM23.10adopted
This Motion seeks authorization to release $3,250 in Section 37 funds to Heritage Toronto for a heritage plaque to commemorate the Scarborough Bluffs Refreshment Room. The Scarborough Bluffs Refreshment Room (171 Midland Avenue) opened in 1903 at the corner of Kingston Road and Midland Avenue. Originally operated by businessman Albert Stinson, the residential-style commercial building with its distinctive verandah served visitors to the Scarborough Bluffs as well as passing vehicles on Kingston Road, a major east-west highway and streetcar line. The intersection of Kingston Road and Midland Avenue was known as Stop 14 and a hostelry called the Halfway House opened there as early as the 1830s. The Cliffside neighbourhood developed into a popular tourist destination and Stinson's refreshment room was built to capitalize on the increasing traffic. As needs changed, Stinson later turned the business into a general store. The Halfway House was later moved to Black Creek Pioneer Village and the former refreshment room was designated under the Ontario Heritage Act in 2008 as a "surviving example of a commercial building connected to the transportation and recreational history of the Cliffside community." The City has secured funds under Section 37 of the Planning Act with the owner of the development at 2799-2815 Kingston Road, authorized by site-specific Zoning By-law 268-2018. The Zoning By-law and Section 37 Agreement with the landowner provide that the funds shall be used towards public realm and streetscape improvements. Sufficient funds remain available in the Planning Act Reserve Account to produce and install the heritage plaque at this location. As Heritage Toronto is a directly funded City agency and not an "outside party", no undertaking is required to be signed by Heritage Toronto to govern the use of the funds and financial reporting.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council increase the Approved 2020 Operating Budget for Heritage Toronto on a one-time basis by $3,250.00 gross, $0 net, fully funded by Section 37 community benefits obtained from the development at 2799-2815 Kingston Road (Source Account: XR3026- 3700948) for the production and installation of a heritage plaque to commemorate the Scarborough Bluffs Refreshment Room (Cost Centre: HG0001).
Staff recommendation as filed
Councillor Gary Crawford, seconded by Councillor Brad Bradford, recommends that: 1. City Council increase the Approved 2020 Operating Budget for Heritage Toronto on a one-time basis by $3,250.00 gross, $0 net, fully funded by Section 37 community benefits obtained from the development at 2799-2815 Kingston Road (Source Account: XR3026- 3700948) for the production and installation of a heritage plaque to commemorate the Scarborough Bluffs Refreshment Room (Cost Centre: HG0001).
CC23.11adopted
On August 31, 2017, a zoning by-law amendment application was submitted to permit a 39-storey mixed use building on the site currently known as 129-137 McCaul Street, 292-298 Dundas Street West and 170 St. Patrick Street (the "Subject Site"). The proposal consisted of 382 residential units, retail, accessory uses for the adjacent church such as community and office space, as well as a child care facility. On December 29, 2017, the owners of the Subject Site (the "Owners") appealed the Zoning By-law amendment application to the Local Planning Appeal Tribunal ("LPAT") citing the Council's failure to make a decision within the time required by the Planning Act. On May 14, 2019, City Council adopted recommendations from the City Solicitor to accept an offer dated May 3, 2019 (the "Settlement Offer") and authorized the City Solicitor and appropriate City Staff to attend the LPAT hearing in support of the revised proposal of a 29-storey mixed use building, as detailed in the Settlement Offer. City Council accepted an on-site parkland dedication, approved a development charge credit, and directed the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act. As was instructed by City Council on May 14, 2019, the City Solicitor attended the settlement hearing before the LPAT on July 8, 2019 in support of the Settlement Offer, and requested that the LPAT withhold its final order pending the fulfillment of a number of conditions by the Owner, including the execution of an agreement with the abutting property owner to ensure future separation distances (the "Limiting Distance Agreement"), an agreement with the abutting property owner to allow for the loading manoeuvring to occur offsite (the "Loading Manoeuvring Agreement"), and a Section 37 agreement. The purpose of this report is to seek further instructions. City Planning and Transportation Services have been involved in the preparation of this report.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 14, 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 (July 14, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 14, 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 (July 14, 2020) 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 support the issuance of the final Order from the Local Appeal Tribunal respecting the Zoning By-law Amendment appeal for 129-131 McCaul Street, 292-294 Dundas Street West and 170 St. Patrick Street in the absence of the Owner having: a. entered into an agreement with the abutting property at 141 McCaul Street to allow for the loading manoeuvring to occur offsite of the subject property; or b. entered into an agreement with the abutting property owner at 141 McCaul Street to ensure future separation distances between the two properties are not further affected. 2. City Council direct the City Solicitor and appropriate City staff to secure the following as a matter of legal convenience in the Section 37 Agreement, in addition to those matters identified in City Council's decision on May 14, 2019 in Item 2019.CC7.10: a. prior to the earlier of Site Plan Approval and issuance of the first Above Grade Building Permit, the Owner shall enter into an agreement with the abutting property owner at 141 McCaul Street securing the future conveyance of appropriate easement(s) to allow for the loading manoeuvring to occur offsite of the subject property, all to the satisfaction of the General Manager, Transportation Services, in consultation with the City Solicitor; and b. prior to the earlier of Site Plan Approval and issuance of the first Above Grade Building Permit, the Owner must enter into an agreement with the abutting property owner at 141 McCaul Street to ensure future separation distances between the two properties are not further affected, to the satisfaction of the City Solicitor. 3. City Council authorize the City Solicitor and other City staff to take such necessary steps, as required, to implement City Council's decision. The balance of Confidential Attachment 1 to the report (July 14, 2020) from the City Solicitor remains confidential at this time in accordance with the provision 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 (July 14, 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 confidential instructions to staff in Confidential Attachment 1. 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 remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM23.11amended
This Motion seeks to contribute $150,000 in Section 37 funds to assist King Edward Junior and Senior Public School meet their construction timelines and begin revitalization for the school yard. In the absence of a City park nearby, the King Edward Junior and Senior Public School grounds serve that purpose for the wider community. The Section 37 Implementation Guidelines (section 5.7) approved by Council states: Cash contributions toward the capital improvement of school board playgrounds are eligible S.37 community benefits where the playground serves as a local park, where the public will continue to have reasonable access for the foreseeable future, and where there is no local City-owned parkland performing a similar function in the same community that could otherwise benefit from the cash contribution. Section 37 and Section 45 funds have been secured and received from various developments in the vicinity of the School for parkland improvements and/or may be redirected to another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands. The Community Access Agreement to be signed by the Toronto District School Board will contain provisions governing the purpose of the funds, the financial reporting requirements, and access to the revitalized grounds at King Edward Junior and Senior Public School. The Community Access Agreement will be executed between the City and the Toronto District School Board, drawn up in consultation with the local Councillor.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council increase the Approved 2020 Operating Budget for Non-Program (NP2161), by $150,000.00 gross, $0 net, to fund the Toronto District School Board for the King Edward Junior and Senior Yard Revitalization, fully funded by community benefits related to the following developments: a. 233 College Street, secured for local public realm and parkland improvements, in the amount of $75,719.08 (Source Account: XR3028-4500219); and b. 231-237 College Street and 177-189 Huron Street, secured for cycling infrastructure but as there remains funds unspent, the contribution may be redirected to another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands, in the amount of $74,280.92 (Source Account: XR3026-3700838). 2. City Council request City staff from the Management Services Branch of the Parks, Forestry and Recreation Division to participate in the preparation of the Community Access Agreement and City Council request the City Solicitor to draw up the Agreement, in consultation with the Ward Councillor and Community Planning staff. 3. City Council authorize the execution of a Community Access Agreement with the Toronto District School Board for the playground improvements at King Edward Junior and Senior Public School, to the satisfaction of the City Solicitor. 4. City Council direct that the funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed a Community Access Agreement with the City governing the purpose of the funds, the financial reporting requirements and addressing community access to the playground facilities, satisfactory to the City Solicitor, and prepared in consultation with the General Manager, Parks, Forestry and Recreation, and the Ward Councillor.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that: 1. City Council increase the Approved 2020 Operating Budget for Non-Program (NP2161), by $150,000.00 gross, $0 net, to fund the Toronto District School Board for the King Edward Junior and Senior Yard Revitalization, fully funded by community benefits related to the following developments: a. 233 College Street, secured for local public realm and parkland improvements, in the amount of $75,719.08 (Source Account: XR3028-4500219); and b. 245, 251 and 255 College Street, 39 and 40 Glasgow Street, secured for streetscape improvements but as there remains funds unspent, the contribution may be redirected to another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands, in the amount of $74,280.92 (Source Account: XR3026-3700679). 2. City Council request City staff from the Management Services Branch of the Parks, Forestry and Recreation Division to participate in the preparation of the Community Access Agreement and City Council request the City Solicitor to draw up the Agreement, in consultation with the Ward Councillor and Community Planning staff. 3. City Council authorize the execution of a Community Access Agreement with the Toronto District School Board for the playground improvements at King Edward Junior and Senior Public School, to the satisfaction of the City Solicitor. 4. City Council direct that the funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed a Community Access Agreement with the City governing the purpose of the funds, the financial reporting requirements and addressing community access to the playground facilities, satisfactory to the City Solicitor, and prepared in consultation with the General Manager, Parks Forestry and Recreation, and the Ward Councillor.
CC23.12adopted
The purpose of this report is to seek further instructions respecting the appeal of the Zoning By-law Amendment application for 400-420 King Street West, currently before the Local Planning Appeal Tribunal (the "LPAT"). On June 30, 2017, the City received a Zoning By-law Amendment application to permit the development of a 47-storey mixed-use building with an overall height of 157 metres, inclusive of a 6 metre tall mechanical penthouse (the "Application"). The Application proposed an 11-storey base building containing retail floor space on the first and second levels, and residential uses on the remaining levels. The Application proposed a total Gross Floor Area of 42,980 square metres, comprised of 39,543 square metres of residential and 3,437 square metres of non-residential space. The overall Floor Space Index of the application was 16.5. 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 purpose of this report is to seek further instructions regarding the appeal of the Application. This report has been prepared in consultation with City Planning.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 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 (July 21, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1, including Confidential Appendix C, to the report (July 21, 2020) from the City Solicitor remain confidential, as they contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated July 17, 2020, as set out in Public Appendix A to the report (July 21, 2020) from the City Solicitor, subject to Parts 2, 3 and 4 set out below. 2. City Council authorize the City Solicitor to advise the Local Planning Appeal Tribunal that City Council supports a settlement in principle for the Zoning By-law Amendment appeal for the property at 400-420 King Street West, as generally shown in the plans prepared by Hariri Pontarini Architects, dated July 4, 2019, subject to modifications to the satisfaction of the Chief Planner and Executive Director, City Planning, and subject to the following: a. the building have a maximum total gross floor area of 43,200 square metres, comprised of a maximum residential gross floor area of 39,850 square metres, and a minimum of 3,335 square metres of non-residential uses, to the satisfaction of the Chief Planner and Executive Director, City Planning; b. a minimum of 34 percent of the dwelling units in the development will be two (2) bedrooms or larger, and a minimum of 10 percent of the dwelling units will be three (3) bedrooms or larger; c. indoor and outdoor amenity space be provided at the rate provided for in City of Toronto Zoning By-law 569-2013; d. a rate of 0.15 parking spaces per residential unit and a minimum of 22 vehicle parking spaces for non-residential use be provided; e. the parkland dedication requirement will be provided as cash-in-lieu of parkland, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and f. bicycle parking will be provided in accordance with the standards in Zoning By-law 569-2013 or the Toronto Green Standard, whichever is higher. 3. 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 finalized to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Owner; b. the Owner has submitted a revised Functional Servicing and Stormwater Management Report to the City for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, with such report to review and determine whether the municipal water, sanitary and storm sewer systems can support the development proposed in the Revised Plans and whether upgrades or improvements to the existing municipal infrastructure are required; c. the Owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the approved Functional Servicing and Stormwater Management Report, for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services; d. the Owner has withdrawn its appeal of Official Plan Amendment 352 and Zoning By-laws 1106-2016 and 1107-2016; e. the Owner has submitted a revised Noise Impact Study, to the satisfaction of the General Manager, Economic Development and Culture; f. the Owner and the City have entered into a Section 37 Agreement to the satisfaction of the City Solicitor to secure the following benefits: i. a cash contribution of six million dollars ($6,000,000.00) to be paid by the Owner prior to the issuance of the first above-grade building permit and to be allocated as follows: 10 percent toward new affordable housing, 10 percent toward Toronto Community Housing Corporation capital repairs, 40 percent toward arts and culture in Ward 10, and 40 percent toward parks and community services and facilities within the vicinity of the Site, at the discretion of the Chief Planner and Executive Director, City Planning and in consultation with the Ward Councillor; ii. the cash contribution referred to in Part 3.f.i. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; and iii. in the event the cash contribution referred to in Part 3.f.i. above has not been used for the determined purpose within three (3) years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands; and g. the Section 37 Agreement will also secure the following matters as a legal convenience to support the development: i. the Owner will comply with the City's Tree By-laws to the satisfaction of the Supervisor, Tree Protection and Plan Review, Urban Forestry; ii. the Owner will provide and maintain a Privately-Owned and Publicly-Accessible Space with an approximate area of 115.9 square metres at the southwest corner of the property, with the specific location, configuration and design secured in a Site Plan Agreement with the City to the satisfaction of the City Solicitor, pursuant to Section 114 of the City of Toronto Act, 2006, as amended and as applicable, Section 41 of the Planning Act, as amended; and iii. prior to the issuance of Site Plan Approval, the Owner shall convey to the City for nominal consideration a public pedestrian easement over the three-metre unobstructed pedestrian clearways along both King Street West and Charlotte Street, to the satisfaction of the Director, Community Planning, Toronto and East York District, and registered to the satisfaction of the City Solicitor. 4. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council' decision. The balance of Confidential Attachment 1, including Confidential Appendix C, to the report (July 21, 2020) 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 Recommendations contained in 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 the Confidential Attachment 1, with the remainder of the Confidential Attachment 1, including Confidential Appendix C, to remain confidential, as it contains advice subject to solicitor-client privilege.
MM23.12adopted
In early 2017, a group of volunteer coaches founded the Regent Park United soccer team. The team is composed of local Regent Park youth who are interested in participating on a competitive soccer team that represents their local neighbourhood. The Regent Park United team is made up of boys aged 13 and under. The group emerged as a result of a gap volunteer coaches observed in the neighbourhood. There were a number of youth that wanted more than recreational soccer and instead wanted an opportunity to play the sport competitively. Through persistence and community support including an early and significant donation from community leader and philanthropist, Mr. Denham Jolly, the team raised enough funds to play in the Cherry Beach Soccer Club. The team were very successful last season. Earlier this year, this young start-up team reached out requesting support for their team to access the Regent Park Athletic Grounds. Last summer, the team was holding all of their practices and games at the Cherry Beach soccer field despite the Regent Park Athletic Grounds being the local field for the youth. The youth and their families are required to travel to and from Regent Park to the Cherry Beach soccer field multiple times a week. This additional cost and time put unnecessary hardship on the young players and their families, as many guardians worked off-peak shift hours and not all had access to a private passenger vehicle. Recreation staff at the City have been working hard to support the team in accessing permitted time on the Regent Park Athletic Grounds. The team was issued a permit for Fridays for two hours from 8:00 p.m. to 10:00 p.m, for a period of 13 weeks. The permit costs a total of $1,638.52. Unfortunately, the team is currently unable to pay the full permit cost due to further financial strain on the families brought on by new COVID-19 hardships. We are requesting that City Council waive the permit fees for the Regent Park United soccer team as means to support equitable access to City facilities and the goals of the Council approved, Regent Park Social Development Plan.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council request the Toronto Office of Partnerships to immediately engage with the Regent Park United Soccer Team in order to pursue private philanthropic funds to cover the 2020 costs of the permit fee charged for the use of the Regent Park Athletic Grounds.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Shelley Carroll, recommends that: 1. City Council request the Toronto Office of Partnerships immediately engage with the Regent Park United Soccer Team in order to pursue private philanthropic funds to cover the 2020 costs of the permit fee charged for the use of the Regent Park Athletic Grounds.
CC23.13adopted
Further direction from City Council is required on this matter, which has been appealed to the Local Planning Appeal Tribunal (LPAT). A 10-day hearing on this appeal has been scheduled at the LPAT for September 8, 2020. A without prejudice settlement offer dated June 5, 2020, was submitted to the City by Fogler Rubinoff LLP, the solicitor on behalf of Champlain Torah Education Centre and 1380200 Ontario Limited (the owners of 18 and 20 Champlain Boulevard). The City Solicitor sought direction from City Council on the settlement offer at the June 29 and 30, 2020 meeting of Council through a Request for Direction Report (dated June 18, 2020) from the City Solicitor, considered as Item CC22.13. City Council referred Item CC22.13 to the City Solicitor and directed the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to continue discussions with the applicants toward a settlement and to report back on any settlement options directly to the July 28 and 29, 2020 meeting of City Council. As directed, the City engaged in subsequent discussions with the appellant's consultant and legal team. Following these discussions, by letter dated July 17, 2020, counsel to Champlain Torah Education Centre and 1380200 Ontario Limited, wrote to the City indicating that in response to the additional feedback received from City staff and their consultant team, they will be seeking an adjournment of the hearing to a new date as early as possible in 2021, in order to provide adequate time to provide additional concept and massing drawings, and determine if a resolution is possible. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting on July 28 and 29, 2020.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 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 (July 21, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendix 1 to the report (July 21, 2020) from the City Solicitor remain confidential as they contain information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council refuse the without prejudice settlement offer ("Settlement Offer") dated June 5, 2020 from Fogler Rubinoff LLP on behalf of 1380200 Ontario Limited and Champlain Torah Education Centre. 2. City Council direct City staff to continue discussions with 1380200 Ontario Limited and Champlain Torah Education Centre, and City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor, to accept further revisions to Official Plan Amendment 309 that are consistent with the City's goals and vision for the Official Plan Amendment 309 area as described in the Final Report dated October 23, 2015 and the Supplementary Report dated December 7, 2015, from the Chief Planner and Executive Director, City Planning. 3. Should a settlement not be reached, City Council direct the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in opposition to the proposed amendments to Official Plan Amendment 309 and in support of Official Plan Amendment 309 as adopted by City Council. 4. 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 and Confidential Appendix 1 to the report (July 21, 2020) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain 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 contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege, and Confidential Appendix 1 remaining confidential).
MM23.13adopted
Parks, Forestry and Recreation has been notified by the estate lawyer for the late Donald Henry Reid of Toronto that the estate wishes to give the City of Toronto a $200,000 bequest to support Riverdale Farm. Without imposing a formal trust, the estate would like to see the funds invested in the living quarters for the farm animals. Under the Donations to the City of Toronto for Community Benefit Policy, donations in excess of $50,000 must be approved by City Council. The Motion seeks City Council authority for the General Manager, Parks, Forestry and Recreation to accept this generous donation. Mr. Reid was a retired CBC set decorator with no immediate family. He died in 2019 following complications from a bicycle accident. A dedicated cyclist, he continued to be active on his bike into his senior years. He loved Toronto's parks, including Riverdale Farm, and also believed in improving the lives of at-risk youth. He has made other gifts to organizations sharing those values. The bequest from Mr. Reid for Riverdale Farm would be deposited in a Parks, Forestry and Recreation deferred revenue account, to provide time for staff to propose how best to invest the funds at the Farm. Once a project is identified, it will be advanced through the normal budget process. This Motion is deemed urgent because staff have already received the bequest cheque.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to accept the gift of $200,000 from the estate of Donald Henry Reid, for the purpose of investing in projects at Riverdale Farm in accordance with the estate wishes, in compliance with the Donations to the City of Toronto for Community Benefits Policy. 2. City Council express, for the record, and on behalf of the residents of Toronto, its deep appreciation for this generous gift from the late Donald Henry Reid that will benefit Riverdale Farm, the creatures who live there and the many thousands of visitors who will enjoy this beloved park for years to come.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor James Pasternak, recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to accept the gift of $200,000 from the estate of Donald Henry Reid, for the purpose of investing in projects at Riverdale Farm in accordance with the estate wishes, in compliance with the Donations to the City of Toronto for Community Benefits Policy. 2. City Council express, for the record, and on behalf of the residents of Toronto, its deep appreciation for this generous gift from the late Donald Henry Reid that will benefit Riverdale Farm, the creatures who live there and the many thousands of visitors who will enjoy this beloved park for years to come.
CC23.14adopted
bcIMC Holdco (2007) Inc. (the "Applicant") is the owner of the property municipally known as 30 Merton Street (the "Subject Site"), located on the north side of Merton Street, east of Yonge Street, in the Davisville area. The Subject Site abuts Al Green Lane to the west. The Subject Site currently contains an existing privately owned 4-storey commercial parking garage. On June 5, 2017, the Applicant submitted a Zoning By-law and Official Plan Amendment applications to the City proposing to amend the former City of Toronto Zoning By-law 438-86 and City of Toronto Official Plan to permit the development of a new 37-storey residential building with a height of 123.46 metres to the top of the mechanical penthouse (the "Original Proposal"). The residential entrance would front onto Merton Street, and was proposed to be flanked by 4 grade-related townhouse units at 2-storeys. Parking would be provided in 3 levels of underground parking and 3 levels of above-ground parking. A total of 205 commercial parking spaces and 134 residential parking spaces were proposed. On December 2, 2017, the Applicant appealed its zoning by-law and official plan amendment applications 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. PL180021. A first pre-hearing conference was held on February 13, 2019, a second pre-hearing conference was held on June 11, 2019 and a third pre-hearing conference was held on November 15, 2019. On December 2 and 3, 2019 and January 24, 2020, the City attended formal mediation before the LPAT regarding the Applicant's appeal. The other parties to the mediation were the Applicant, the South Eglinton Ratepayers and Residents Association ("SERRA"), Toronto Lands Corporation (also known as the Toronto District School Board, or "TDSB"), the Girl Guides of Canada, Abraham J. Green Limited, and G.R. Feldman Investments Ltd. On July 14, 2020, the Applicant's counsel, McCarthy Tetrault LLP, submitted to the City Solicitor a with prejudice settlement offer (the "Settlement Offer") based on revised architectural plans also dated April 9, 2020 and prepared by Sweeny&Co Architects (the "Revised Plans"). The Revised Plans and Settlement Offer are the result of discussions between the City, the Applicant, and the parties that took place during and following the LPAT mediation. The Settlement Offer is attached to this report as Public Attachment 1, and includes the Revised Plans as Schedule "A". 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 10-day LPAT hearing, which is scheduled for September 21 to October 2, 2020. City Planning has been involved in the preparation of this report.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 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 (July 21, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 21, 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 (July 21, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the with prejudice Settlement Offer dated July 14, 2020, in Public Attachment 1 to the report (July 21, 2020) from the City Solicitor and as generally shown on the Revised Plans dated April 9, 2020, in Schedule A to Public Attachment 1 to the report (July 21, 2020) from the City Solicitor , subject to Parts 2 to 5 set out 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 with prejudice Settlement Offer dated July 14, 2020, in Public Attachment 1 to the report (July 21, 2020) from the City Solicitor and as generally shown on the Revised Plans dated April 9, 2020, in Schedule A to Public Attachment 1 to the report (July 21, 2020) from the City Solicitor . 3. City Council accept cash-in-lieu of parkland dedication in satisfaction of the Applicant's required parkland contribution pursuant to Section 42 of the Planning Act. 4. City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. an indexed cash contribution of $4,100,000 to be paid by the Application prior to the issuance of the first above-grade building permit for the proposed development; and ii. laneway improvements to Al Green Lane north of the Subject Site to Balliol and south of Merton Street to the Kay Gardner Beltline Trail up to a maximum indexed cost of $400,000; the details of such Laneway Improvements (including the location, dimensions, configuration, and design) shall be secured as part of and through the Site Plan Approval process for the Development to the satisfaction of the Chief Planner and Executive Director, City Planning; the design of the laneway improvements may include features such as lighting, public art, and paving; he Applicant agrees to work with the City and the Ward Councillor, in consultation with the community, regarding the design of the laneway improvements through the Site Plan Approval process; and in the event that the Applicant does not provide the Laneway Improvements in accordance with the terms of the Settlement Offer, the Applicant shall provide to the City an indexed cash contribution of $400,000 prior to residential occupancy of the proposed development; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. the conveyance by the Applicant to the City of a pedestrian easement with a minimum width of 1.7 metres and a minimum height of 3 metres along the west property line of the Subject Site abutting Al Green Lane to the satisfaction of the City Solicitor; ii. the construction by the Applicant of an upgrade to the Merton Street municipal watermain from Yonge Street to just east of 30 Merton Street at the hydrant; the watermain upgrade shall be secured through the site plan approval process, including requiring the Applicant to enter into a Municipal Infrastructure Agreement, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; iii. laneway improvements to Al Green Lane immediately abutting the Subject Site up to an indexed cost of $250,000; the details of such Laneway Improvements (including the location, dimensions, configuration, and design) shall be secured as part of and through the Site Plan Approval process for the Development to the satisfaction of the Chief Planner and Executive Director, City Planning; the design of the laneway improvements may include features such as lighting, public art, and paving; the Applicant agrees to work with the City and the Ward Councillor, in consultation with the community, regarding the design of the laneway improvements through the Site Plan Approval process; and in the event that the Applicant does not provide the Laneway Improvements in accordance with the terms of the Settlement Offer, the Applicant shall provide to the City an indexed cash contribution of $250,000 prior to residential occupancy of the proposed development; and iv. the conveyance by the Applicant to the City of a laneway widening along the west property line with a minimum width of 0.71 metres for the purpose of widening Al Green Lane. 5. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order on the Zoning By-law and Official Plan Amendment applications 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 Planner and Executive Director, City Planning and the City Solicitor; b. the proposed Official Plan Amendment is in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; c. the City and the Applicant have entered into and registered a Section 37 Agreement securing the benefits outlined in Part 4, above, all the satisfaction of the City Solicitor; d. all engineering matters have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and e. the Applicant has entered into an agreement or agreements or otherwise secured the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report, Stormwater Management Report, and Hydrogeological Assessment, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water. The balance of Confidential Attachment 1 to the report (July 21, 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 (July 21, 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.
MM23.14adopted
Wanless Tennis is a community seasonal tennis club located in Wanless Park (Ward 15 - Don Valley West) that runs programming from April to the end of October. The club offers adult and junior tennis instruction, clinics, summer camps, tournaments and social events. Established in 1952 and incorporated in 1997, the club is a member of the Ontario Tennis Association and Tennis Toronto and has twice been awarded the Ontario Tennis Association's Outstanding Club Achievement Award. In 2014, Wanless Tennis Club identified the need for improvements to the clubhouse at the park and contributed funding for an extensive renovation to the facility that provided a more functional space for members. The club would like to further enhance the playing experience for its members by contributing additional funding to upgrade and enhance the existing lighting system at the five tennis courts at Wanless Park. The current system consists of eight 1,000 watt metal halide lamp fixtures mounted on cement poles at 35 feet. The scope of work for the new retro-fit lighting project will include: a cement pole engineering assessment; replacement of cement poles as needed (identified through report); and new mounting arms and LED lighting fixtures for all eight poles. The proposed lighting retro-fit will create more evenly distributed light levels and generate a more energy efficient system. No costs will be incurred by Parks, Forestry and Recreation for the lighting replacement project and any ongoing maintenance costs will be covered within the existing budget. In addition, the new lighting system will reduce lamp maintenance and replacement costs for Parks, Forestry and Recreation. The total in-kind donation amount for this project is up to $150,000.00. Under City Council's Donations to the City of Toronto for Community Benefits Policy, Council authority is required to accept donations over $50,000. The Motion is deemed urgent in order for the work to commence Fall 2020.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to accept an in-kind donation of up to $150,000.00 from Wanless Tennis Club for the lighting replacement project in compliance with the City's Policy on Donations for Community Benefits. 2. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and sign a donor agreement for the up to $150,000 donation from Wanless Tennis Club, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Jaye Robinson, seconded by Councillor Gary Crawford, recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to accept an in-kind donation of up to $150,000.00 from Wanless Tennis Club for the lighting replacement project in compliance with the City's Policy on Donations for Community Benefits. 2. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and sign a donor agreement for the up to $150,000 donation from Wanless Tennis Club, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor.
CC23.15adopted
39 - 45 Thora Avenue - Zoning By-law Amendment and Site Plan Applications - Request for Directions
The purpose of this report is to seek further instructions for the Local Planning Appeal Tribunal (LPAT) hearing on the appeal of the Zoning By-law Amendment and site plan application for 39-45 Thora Avenue (the "Subject Site"). A four-day hearing is scheduled to commence on September 14, 2020. The City Solicitor requires further direction.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 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 (July 21, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (July 21, 2020) from the City Solicitor remain confidential as they contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize and direct the City Solicitor, together with City Planning Staff and appropriate City staff, to attend the Local Planning Appeal Tribunal hearing to oppose the Zoning By-law Amendment and Site Plan applications in their current form for the lands at 39-45 Thora Avenue. 2. In the event that the Local Planning Appeal Tribunal allows an appeal of the Zoning By-law Amendment and Site Plan applications in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) approving the application until: 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 Chief Planner and Executive Director, City Planning; b. the owner submits to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans; in addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development; c. the owner submits appropriate plans/documentation including a Transportation Brief/updated Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services; and d. conditions of Site Plan Approval are identified in a form satisfactory to the Chief Planner and Executive Director, City Planning. 3. City Council authorize the City Solicitor and other City Staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (July 21, 2020) 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 recommendations in Confidential Attachment 1. 2. If the confidential recommendations are adopted by City Council, City Council authorize the public release of 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. 3. Confidential Attachment 2 remain confidential.
MM23.15adopted
At its meeting of June 29 and 30, 2020, City Council stated its intention to designate the expanded Waterfront Business Improvement Area and directed the City Clerk to send out a notice of City Council's intention to pass a by-law designating the new area as the expanded Waterfront Business Improvement Area, in accordance with Chapter 19 of the City of Toronto Municipal Code. The Waterfront Business Improvement Area has requested that the polling period for the formal expansion vote be reduced from 60 to 30 days. This change will allow for an expedited voting process and earlier budgeting and planning for 2021, given that polling is not able to proceed before September 2020 at the earliest. With the continuing effects of COVID-19 being felt by our business community, an expedited vote on expansion will help provide certainty to the Waterfront Business Improvement Area's planning process.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council reduce the polling period requirements for expanding a Business Improvement Area as set out in Chapter 19-2.4 (I) and (J) from 60 days to 30 days only for the purposes of polling for the expansion of the Waterfront Business Improvement Area.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Paula Fletcher, recommends that: 1. City Council reduce the polling period requirements for expanding a Business Improvement Area as set out in Chapter 19-2.4 (I) and (J) from 60 days to 30 days only for the purposes of polling for the expansion of the Waterfront Business Improvement Area.
CC23.16adopted
On October 7, 2013, the City received an application to amend the Zoning By-law for 1750, 1790, 1800, 1830, 1850 and 1900 The Queensway and 290, 300, 310 and 320 North Queen Street (the "Development Site") to facilitate its redevelopment, such redevelopment consisting of three twenty-seven storey residential buildings containing a total of 904 units and 13,942 square metres of commercial floor space, the retention of two existing commercial buildings and the demolition of various buildings totalling 9,454 square metres of existing commercial space. The application was deemed complete on November 18, 2016, after the applicant submitted an application for an Official Plan Amendment on October 25, 2016. The Official Plan Amendment requested relief from Policy 3.2.1.9 of the Official Plan, which requires that large residential developments, seeking an increase in height and/or density, provide an opportunity to achieve a mix of housing in terms of types and affordability by, among other means, providing as a first priority community benefit, 20 per cent of the additional residential units as affordable housing. The applicant appealed City Council's neglect or failure to make a decision on its applications for Official Plan and Zoning By-law Amendments (the "Appeals") to the Ontario Municipal Board, now continued as the Local Planning Appeal Tribunal (the "LPAT") on November 1, 2017. The purpose of this report is to request further instructions for a matter that has been appealed to the LPAT. This report has been prepared in consultation with City Planning staff and other relevant divisions.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 22, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (July 22, 2020) from the City Solicitor at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendix D to the report (July 22, 2020) from the City Solicitor remain confidential as they contain advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (July 22, 2020) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (July 22, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 and Confidential Appendix D to the report (July 22, 2020) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice and information that is subject to solicitor-client privilege. November 19, 2020 The confidential instructions to staff in Confidential Attachment 1 to the report (July 22, 2020) from the City Solicitor were adopted by City Council and are now public as follows, the City Solicitor having exercised the City Solicitor's discretion to make them public: 1. City Council accept the "without prejudice" settlement offer dated July 16, 2020 in Confidential Appendix A to the report (July 22, 2020) from the City Solicitor, the revised plans substantially in accordance with Confidential Appendix B to the report (July 22, 2020) from the City Solicitor as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning, and substantially in accordance with Confidential Appendix C (the "Settlement Offer") to the report (July 22, 2020) from the City Solicitor for the lands municipally known as 1750, 1790, 1800, 1830, 1850 and 1900 The Queensway and 290, 300, 310 and 320 North Queen Street (the "Site"), subject to Parts 2 to 11 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 development proposal generally described in the Settlement Offer and the revised plans substantially in accordance with Confidential Appendix B to the report (July 22, 2020) from the City Solicitor. 3. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 10,710 square metres, generally as shown on Page A101.S in Confidential Appendix B to the report (July 22, 2020) from the City Solicitor, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, and such on-site parkland dedication to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition, and is to be conveyed to the City prior to the issuance of the second above-grade building permit for the Site to be developed as described in Confidential Appendix C to the report (July 22, 2020) from the City Solicitor, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 4. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 5. City Council accept the proposed new public street extensions of Nova Road and Boncer Drive, as generally shown on Page A101.S in Confidential Appendix B to the report (July 22, 2020) from the City Solicitor, with the exact location, alignment and configuration to the satisfaction of the General Manager, Transportation Services; the conveyance of the proposed new public streets to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances and encroachments and subject to the following: a. the owner shall, at its own cost, design, build and convey to the City a new public street extension of Nova Road that is approximately 20.0 metres in width connecting the eastern portion of Nova Road to the southern portion of the Site, connecting The Queensway and North Queen Street, generally as shown on Page A101.S of Confidential Appendix B to the report (July 22, 2020) from the City Solicitor, including intersection improvements and any identified new signals or signage and/or pedestrian/cycling infrastructure, should they be required, all in accordance with the City's applicable policies, standards and guidelines for public streets, the precise location and specifications of which are to be secured in conjunction with site plan approval and/or draft plan subdivision approval, and including any required environmental assessments, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning; b. the owner shall, at its own cost, design, build and convey to the City, a new public street extension of Boncer Drive that is approximately 20.0 metres in width connecting to the new public street described in Part 5.a. above as generally shown on Page A101.S of Confidential Appendix B to the report (July 22, 2020) from the City Solicitor, including intersection improvements and any identified new signals or signage and/or pedestrian/cycling infrastructure, should they be required, all in accordance with the City's applicable policies, standards and guidelines for public streets, the precise location and specifications of which are to be secured in conjunction with site plan approval and/or draft plan of subdivision approval, and including any required environmental assessments, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning; c. the owner shall, at its own cost, ensure that all required water mains and sanitary sewers, and appropriate appurtenances, within the new public streets in Parts 5.a. and 5.b. above, have been installed and are operational and such timing to be in accordance with the Final Phasing Plan and generally in accordance with Confidential Appendix C to the report (July 22, 2020) from the City Solicitor in accordance with the Draft Plan of Subdivision process, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and d. prior to the issuance of the first above grade building permit for any part of the Site, the owner shall provide securities and a satisfactory irrevocable letter of credit of 120 percent of the value required to secure the design, construction and conveyance to the City of the public streets identified in Parts 5.a. and 5.b. above, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services. 6. City Council authorize the Executive Director, Corporate Real Estate Management to enter into an agreement of purchase and sale with Hydro One, or its successor to acquire the lands within the Hydro Corridor that would connect Boncer Drive, as described in Part 5.b. above, to the northern boundary of the Hydro Corridor to partially complete the Boncer Drive extension with the location, size and configuration to the satisfaction of the General Manager, Transportation Services, the Executive Director, Corporate Real Estate Management, and the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, and subject to the following: a. the owner shall contribute up to $1,000,000.00 dollars, including the cost of any required environmental remediation, towards the acquisition of the lands in the Hydro Corridor from Hydro One to the City or shall provide securities for the cost of acquisition satisfactory to the Executive Director, Corporate Real Estate Management and the City Solicitor; and b. subsequent to the acquisition of lands from Hydro One, the City shall grant a temporary easement, at nominal cost, in favour of the owner to permit the continued use of the lands in the Hydro Corridor as a parking lot until such time as the temporary easement is required to be released on the lands related to the completion of the Boncer Drive extension, as secured in the appropriate agreement(s) in a manner, content and form satisfactory to the Executive Director, Corporate Real Estate Management and the City Solicitor. 7. City Council direct the General Manager, Transportation Services to consider the request for a maximum of two strata driveway connections underneath Nova Road, as generally described in Part 5 above, in consultation with the Chief Planner and Executive Director, City Planning and to report back to City Council for authority to enter into the appropriate agreements to permit the strata driveway connections, should these connections be feasible and determined to be required for the redevelopment of the Site to the satisfaction of the General Manager, Transportation Services. 8. City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits offered in the Settlement Offer and recommended to be secured in the Section 37 Agreement are as follows: i. a cash contribution of five hundred and twenty thousand ($520,000.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Site and to be allocated toward community services and facilities, streetscape improvements, public art, and/or public realm improvements within the vicinity of the Site, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; ii. a cash contribution of two hundred and fifty thousand ($250,000.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Site and to be allocated toward local community centre improvements, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; iii. the cash contributions referred to in Parts 8.a.i. and 8.a.ii. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; iv. in the event the cash contributions referred to in Parts 8.a.i. and 8.a.ii. above have not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands; v. the provision of two hundred (200) new rental dwelling units at affordable rents, as defined by the Official Plan, in Building E1 constructed on the Site for a period of fifteen (15) years of affordability, and a minimum of twenty (20) years of rental tenure, beginning from the date of first occupancy, and offered to tenants in accordance with a Tenant Access Plan to ensure the benefit of the affordable units is linked to households in need of affordable housing, to the satisfaction of the Chief Planner and Executive Director, City Planning; vi. the provision of a non-profit licensed Child Care Centre to be located in Building E1 on the Site, north of the Nova Road extension, valued up to five million ($5,000,000.00) dollars, with the precise location, capacity and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Director, Children Services and such Child Care Centre shall generally be in accordance with the following: A. shall be constructed, finished, furnished and equipped by the owner and conveyed to the City, at no cost to the City, in fee simple, including a minimum of four (4) parking spaces for the Child Care Centre; B. shall be designed to the satisfaction of the Chief Planner and Executive Director, City Planning ,in consultation with the General Manager, Children's Services; C. will accommodate children of all ages, including infants, toddlers and preschoolers, generally in accordance with the City of Toronto's Child Care Development Guidelines; D. the minimum capacity and size of the Child Care Centre may be reduced at the sole discretion of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Children's Services; E. the details of the other matters as described in these Recommendations, such as phasing, timing, location, obligations and any such matters to implement the Child Care Centre, in respect of the non-profit licensed Child Care Centre community benefit will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines (2016); F. require that on, or prior to, the conveyance of the Child Care Centre, the City and the owner enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Child Care Centre, and the development to be constructed within Building E1 of the development; and G. any remaining funds of the allocated five million ($5,000,000.00) dollars not directed towards the Child Care Centre after its delivery may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands; and b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. the statutory parkland dedication referred to in Part 3 above and the Above Base Park Improvements for the statutory parkland dedication and the development charge credit referred to in Part 4 above; ii. two privately owned publicly accessible open spaces, the first of not less than 1,000 square metres at the northwest corner of The Queensway and North Queen Street and the second of not less than 2,355 square metres central to the Site, as generally shown on Page A101.S in Confidential Appendix B to the report (July 22, 2020) from the City Solicitor to the satisfaction of the Chief Planner and Executive Director, City Planning; prior to the issuance of Site Plan Approval, the owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly accessible open spaces and any required public access easements to connect the privately owned publicly accessible open spaces to adjacent privately owned publicly accessible open spaces and/or public rights-of-way, where necessary; and the owner shall own, operate, maintain and repair the privately owned publicly accessible open spaces 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 spaces 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 spaces 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; iii. the new public street extensions of Nova Road and Boncer Drive identified in Part 5 above, as necessary, to secure such requirements to the satisfaction of the City Solicitor and General Manager, Transportation Services; and iv. the new public street extension from Boncer Drive from the Site to the northern boundary of the Hydro Corridor identified in Part 6 above and to secure such matters related to Part 6 above to the satisfaction of the City Solicitor, the Executive Director, Corporate Real Estate Management and the General Manager, Transportation Services. 9. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold issuance of its Order until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. the proposed Official Plan Amendment(s) are in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the proposed Zoning By-law Amendment(s) are in a form satisfactory to the City, including securing the affordable rental dwelling units, rents and appropriate Section 37 provisions in Part 8 above and, satisfactory to the Chief Planner and Executive Director, City Planning; c. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor has been executed and registered on title to the Site to the satisfaction of the City Solicitor, securing the benefits and matters of legal convenience outlined in City Council's decision; d. the owner has, at its sole expense: i. submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological 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; ii. 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; iii. submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study, be secured if required; and iv. submitted a revised Electromagnetic Field Analysis, Noise Study, Air Quality Study, Energy Strategy and Wind Study acceptable to the Chief Planner and Executive Director, City Planning, and securing such mitigation matters through the Site Plan Approval process, and if necessary, revise the proposed Zoning By-law Amendment to address any mitigation measures arising from the accepted studies or reports; e. the owner has submitted a Draft Plan of Subdivision Application for the Site to implement the Settlement Offer and to secure matters such as lands to be conveyed to the City, new public streets, parkland dedication, and any required municipal infrastructure, as well as phasing of development on the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services; and f. the owner has provided a Final Phasing Plan, that builds upon the phasing plan triggers outlined in Confidential Appendix C to the report (July 22, 2020) from the City Solicitor, in a form acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor, and such matters are secured in appropriate agreement(s) satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor and any such accepted Final Phasing Plan will be deemed to satisfy any requirements for a Precinct Plan in the Sherway Area Secondary Plan. 10. City Council direct the City Solicitor and City staff to secure the phasing described in Sections 3 to and including 6 of Confidential Appendix C to the report (July 22, 2020) from the City Solicitor in the appropriate Zoning By-law Amendment(s) and implementing agreements for the Site. 11. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision. Confidential Appendices A, B and C to the report (July 22, 2020) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and they can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 and Confidential Appendix D to the report (July 22, 2020) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice and information that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this Report (July 22, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, Confidential Appendix "A" , Confidential Appendix "B", and Confidential Appendix "C" to this Report (July 22, 2020) from the City Solicitor at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 and all the information in Confidential Appendix "D" to this Report (July 22, 2020) from the City Solicitor is to remain confidential, as it contains advice and information, which is subject to solicitor-client privilege.
MM23.16adopted
Prior to the COVID-19 pandemic, the Beach Business Improvement Area was looking to expand its boundaries and have done extensive consultation with members and potential member businesses. This Motion asks City Council to waive the requirement to hold a public meeting before initiating polling on expanded boundaries in order to continue the public process for expansion while service changes remain in place. These exemptions have been prepared in consultation with The Beach Business Improvement Area steering committee and working with staff in the Business Improvement Area Office. The Beach Business Improvement Area has already approved exploring an expanded boundary at its November 2019 Annual General Meeting and engaged the local business community, specifically: - Spoke directly with 24 businesses, 1-3 times between May-November of 2019. - 18 (75 percent) have verbally expressed support of expansion, 6 (25 percent) were in favour, but wanted more information before making a decision. - Created email list with businesses, and property owners; have kept them up to date on process, as well as included them in all current member updates throughout COVID. - Gained support of the some of the largest businesses in the area of proposed expansion including; Live Nation, Murphy's Law, Casa Digorgios, Pendo Studios, LCBO, Brett's Ice Cream.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council direct the Steering Committee for the expanded The Beach Business Improvement Area and the City of Toronto's Business Improvement Area Office staff to bypass the requirement that the General Manager, Economic Development and Culture conduct a formal public consultation meeting as required under Subsection 19-2.2A(3)(e) and the requirements under Subsection 19-2.2 C to H of City of Toronto Municipal Code Chapter 19, Business Improvement Areas, and to proceed to notice and polling under Section 19-2.4 of the City of Toronto Municipal Code Chapter 19, Business Improvement Areas. 2. City Council state its intention to designate the area outlined in Attachment 1 to Motion MM23.16 as the expanded The Beach Business Improvement Area under the City of Toronto Municipal Code Chapter 19, Business Improvement Areas. 3. City Council direct the City Clerk to send out a notice of City Council's intention to pass a By-law designating the area outlined in Attachment 1 to Motion MM23.16 as the expanded The Beach Business Improvement Area, in accordance with the City of Toronto Municipal Code Chapter 19, Business Improvement Areas. 4. City Council direct the Chief Technology Officer to prepare designation By-law maps of the area outlined in Attachment 1 to Motion MM23.16 and submit them to the City Solicitor. 5. City Council reduce the polling period requirements for creating or expanding a Business Improvement Area as set out in Section 19-2.3 (I)(J) and 19-2.4 (I)(J) of Chapter 19 of the City of Toronto Municipal Code, from 60 days to 30 days for the purposes of polling for the proposed expansion of the The Beach Business Improvement Area.
Staff recommendation as filed
Councillor Brad Bradford, seconded by Councillor Joe Cressy, recommends that: 1. City Council direct the Steering Committee for the expanded The Beach Business Improvement Area and the City of Toronto's Business Improvement Area Office staff to bypass the requirement that the General Manager, Economic Development and Culture conduct a formal public consultation meeting as required under Subsection 19-2.2A(3)(e) and the requirements under Subsection 19-2.2 C to H of City of Toronto Municipal Code Chapter 19, Business Improvement Areas, and to proceed to notice and polling under Section 19-2.4 of the City of Toronto Municipal Code Chapter 19, Business Improvement Areas. 2. City Council state its intention to designate the area outlined in Attachment 1 to Motion MM23.16 as the expanded The Beach Business Improvement Area under the City of Toronto Municipal Code Chapter 19, Business Improvement Areas. 3. City Council direct the City Clerk to send out a notice of City Council's intention to pass a By-law designating the area outlined in Attachment 1 to Motion MM23.16 as the expanded The Beach Business Improvement Area, in accordance with the City of Toronto Municipal Code Chapter 19, Business Improvement Areas. 4. City Council direct the Chief Technology Officer to prepare designation By-law maps of the area outlined in Attachment 1 to Motion MM23.16 and submit them to the City Solicitor. 5. City Council reduce the polling period requirements for creating or expanding a Business Improvement Area as set out in Section 19-2.3 (I)(J) and 19-2.4 (I)(J) of Chapter 19 of the City of Toronto Municipal Code, from 60 days to 30 days for the purposes of polling for the proposed expansion of the The Beach Business Improvement Area.
CC23.17adopted
The Official Plan and Zoning By-law amendment applications for the subject site have been appealed to the Local Planning Appeal Tribunal (LPAT) on the basis that the City failed to make a decision within the prescribed time period set out in the Planning Act. On November 16, 2018, the applicant submitted a revised proposal. A Request for Directions report dated May 13, 2019 was adopted by North York Community Council and City Council on June 18, 2019 which directed the City Solicitor and staff to continue to oppose the applications at the LPAT. The purpose of this report is to request further instructions for the 15-day LPAT hearing that is scheduled to commence September 21, 2020. City Planning has been involved in the preparation of this report.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 2020) from the City Solicitor. 2. City Council direct that Confidential Attachment 1 to the report (July 21, 2020) from the City Solicitor remain confidential at the discretion of the City Solicitor. Confidential Attachment 1 to the report (July 21, 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 or communications that are subject to solicitor-client privilege and it pertains to information regarding potential litigation. Confidential Attachment 1 to the report (July 21, 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 from the City Solicitor. 2. City Council direct that all information contained in Confidential Attachment 1 to the report from the City Solicitor, including the recommendations in Confidential Attachment 1, is to remain confidential at the discretion of the City Solicitor.
MM23.17adopted
Climate change is a real global issue which the City of Toronto continues to combat every year. Through the TransformTO and ResilientTO strategies, the BetterHomesTO program, and the implementation of climate sensitive policies, our City aims to drastically reduce the impact of development and day-to-day operations on the environment. Toronto then recognizes that to reduce local greenhouse gas emissions, preserve our finite natural resources and improve everyone's health, change and climate friendly practices must be promoted by every Torontonian. As our City continues to grow, Toronto's public officials and staff must always be on the lookout for innovative, efficient and climate-aware techniques, especially within the land development industry. Founded in 2013, Passive House Canada is a national non-profit professional association advocating for the Passive House high-performance building standard. The standard is recognized internationally as the proven best way to build for comfort, affordability and energy efficiency of residential, institutional and commercial buildings, through all stages of design, construction, and liveability. While conventional buildings consume up to 40 percent of global energy use and contribute up to 30 percent of annual global Green House Gases emissions, buildings that adhere to the Passive House standard can consume up to 90 percent less heating and cooling energy than conventional structures. The Passive House high performance building standard can be then applied to almost any type of building design or type. New development that adheres to these progressive and green standards, should be celebrated and replicated. However, sometimes municipal policies can become an impediment to getting these important projects materialized.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council direct the General Manager, Parks, Forestry and Recreation to review Chapter 813, Trees, of the Toronto Municipal Code and report back by the end of the third quarter of 2020 on recommended policy changes that could support and expedite development applications seeking to meet the Passive House high performance building standards, which are also tied to tree removal, injury and replacement requirements.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Mike Layton, recommends that: 1. City Council direct the General Manager, Parks, Forestry and Recreation to review Chapter 813, Trees, of the Toronto Municipal Code and report back by the end of the third quarter of 2020 on recommended policy changes that could support and expedite development applications seeking to meet the Passive House high performance building standards, which are also tied to tree removal, injury and replacement requirements.
CC23.18adopted
On June 17, 2019, the applicant submitted a with prejudice revised development proposal for 110, 114 and 120 Broadway Avenue (the "Settlement Offer"). The City Solicitor sought and received instructions to support the revised development at the Local Planning Appeal Tribunal at the City Council meeting on June 18 and 19, 2019. The Owner made a Site Plan Application in October, 2019, which remains under review by City staff. City Planning has been involved in the preparation of this report.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 22, 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 (July 22, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 22, 2020) 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 (July 22, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor to secure in the Section 37 Agreement as a legal convenience to support development the following additional matters: a. a cash contribution of $100,000.00 to be paid by the Owner prior to the issuance of the first above-grade building permit for the proposed development to be allocated to the expansion of bike share facilities; and b. the $100,000.00 cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment. The balance of Confidential Attachment 1 to the report (July 22, 2020) 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. 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, as it contains advice which is subject to solicitor-client privilege.
MM23.18adopted
September is quickly approaching and many parents across the City of Toronto do not know if they will have childcare or a full-time return to school in September. The current situation leaves parents in the dark and likely without options that allow them to work consistently, assured that their children are safe, social and learning at the same time. If we are to take our economic recovery and reopening seriously, the Government of Ontario needs to prioritize access to childcare and a safe return to school above all else. We have seen the disproportionate impact that the pandemic has had on families, Black, Indigenous and racialized communities and women. If we are to try and address these inequalities which have become more apparent through the progression of the pandemic, it starts with creating programming and services that meet their needs. MPP Marit Stiles has brought forth Motion 101 to be debated by the legislature calling on the Government of Ontario to implement an emergency action plan to ensure a safe return to school in September for all students, education workers and families. At the forefront of this Motion is the need to assist those deeply impacted by COVID-19 and support their efforts toward a personal recovery by guaranteeing funding to childcare programming and access to those supports until childcare and school can fully resume. At the Toronto District School Board and the Toronto Catholic District School Board, motions were passed calling on the Province to address the fact that as an urban school board with space constraints, action must be taken to support growing the physical space in which we educate our children and calling on the City to support them in these efforts. The Toronto District School Board raises serious concerns about the impacts of the current model proposed for a return to school which places a tremendous burden on parents and caregivers -- and, in particular, women, families with young children and low-income families, and stands to further jeopardize the economic recovery. There is also a call from these school boards to promote active transportation as a means to support the safe transport of children to schools, which the City of Toronto can continue to assist with through its ActiveTO improvements. We also know that our smaller, French language boards Viamonde and MonAvenir have noted that the funding they have received will not likely be able to cover the costs to reopen in a safe manner. The City of Toronto should support this call for an emergency action plan, and work to assist in its implementation to support the millions of families in our City.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council request the Government of Ontario and the Government of Canada to implement an emergency action plan to ensure a safe return to school in September for all children, families and education workers. 2. City Council request that the emergency action plan include, at a minimum: a. immediate funding to stabilize the childcare sector; b. access for parents to job-protected leave and benefits until school and childcare fully resume; c. measures to address the disproportionate impact of COVID-19 on Black, Indigenous and racialized communities and the potential ramifications on students and their families, and ensure we can flow funding to areas hardest hit to ensure equity of access to programming in education and child care; d. a COVID-19 recovery school advisory group that includes teacher and education worker unions, parents, students and school boards; e. funding for school boards to cover all COVID-19 related exceptional costs they will need to incur to ensure a safe return for both students and education workers; f. consultation with all levels of government to find ways to use available public infrastructure to allow school and child care centres to resume in-person for as many children as possible in a safe and healthy way; g. guarantees that no essential workers currently receiving emergency child care will lose child care provision when the emergency child care program ends; and h. prioritization of active transportation models to support the safe transport of children to schools, while expanding bus service. 3. City Council notify the Government of Ontario and the Government of Canada of the City of Toronto's willingness to participate in the implementation of the emergency action plan at the regional level.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Paula Fletcher, recommends that: 1. City Council request the Government of Ontario and the Government of Canada to implement an emergency action plan to ensure a safe return to school in September for all children, families and education workers. 2. City Council request that the emergency action plan include, at a minimum: a. immediate funding to stabilize the childcare sector; b. access for parents to job-protected leave and benefits until school and childcare fully resume; c. measures to address the disproportionate impact of COVID-19 on Black, Indigenous and racialized communities and the potential ramifications on students and their families, and ensure we can flow funding to areas hardest hit to ensure equity of access to programming in education and child care; d. a COVID-19 recovery school advisory group that includes teacher and education worker unions, parents, students and school boards; e. funding for school boards to cover all COVID-19 related exceptional costs they will need to incur to ensure a safe return for both students and education workers; f. consultation with all levels of government to find ways to use available public infrastructure to allow school and child care centres to resume in-person for as many children as possible in a safe and healthy way; g. guarantees that no essential workers currently receiving emergency child care will lose child care provision when the emergency child care program ends; and h. prioritization of active transportation models to support the safe transport of children to schools, while expanding bus service. 3. City Council notify the Government of Ontario and the Government of Canada of the City of Toronto's willingness to participate in the implementation of the emergency action plan at the regional level.
MM23.19adopted
The Toronto Parking Authority currently operates Carpark 71, a Green P lot at 25 Bellevue Avenue in Kensington Market. This parking lot has long been identified as a potential site for critical City-building opportunities. On July 4, 2018, the Toronto and East York Community Council directed staff to undertake a visioning process and consider City-building opportunities on the site, in consultation with the Ward Councillor, Kensington Market Land Trust, and the local community. Through this exercise, the Carpark site was identified as appropriate for 100 percent affordable rental housing. This decision can be found at the following link: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2018.TE34.218 In light of the growing need for affordable housing that has now been exacerbated by the ongoing COVID-19 crisis, it is essential that the City expedite the development of affordable rental housing to provide safe, secure and adequate homes for residents. The development of this site to create affordable rental homes will provide new housing opportunities will help ensure we keep Kensington Market an affordable place to live.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council declare the City-owned property at 25 Bellevue Avenue surplus, with the intended manner of disposal to be way of a long-term lease to a non-profit organization to be selected through a competitive process for affordable housing purposes, and City Council direct staff to take all steps necessary to comply with the City's real estate disposal process set out in Article 1 of Toronto Municipal Code Chapter 213, Real Property. 2. City Council direct the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management, in consultation with the Chief Executive Officer, CreateTO, to take the following actions and report to the Planning and Housing Committee in the fourth quarter of 2020, on a plan to activate the 25 Bellevue Avenue parking lot to create new affordable rental housing to be operated by a non-profit organization: a. work with the Toronto Parking Authority to identify new parking opportunities in both on and off street locations suitable for replacement of parking spaces within the vicinity of the proposed development, should an investment in parking on-site be deemed not feasible; and b. issue a competitive call for proposals to identify a non-profit developer and operator, from an organization whose vision for the site would reflect the values of the neighbourhood, with the site to be leased for a 99 year term, subject to City Council's approval.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Ana Bailão, recommends that: 1. City Council declare the City-owned property at 25 Bellevue Avenue surplus, with the intended manner of disposal to be way of a long-term lease to a non-profit organization to be selected through a competitive process for affordable housing purposes, and City Council direct staff to take all steps necessary to comply with the City's real estate disposal process set out in Article 1 of Toronto Municipal Code Chapter 213, Real Property. 2. City Council direct the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management, in consultation with the Chief Executive Officer, CreateTO, to take the following actions and report to the Planning and Housing Committee in the fourth quarter of 2020, on a plan to activate the 25 Bellevue Avenue parking lot to create new affordable rental housing to be operated by a non-profit organization: a. work with the Toronto Parking Authority to identify new parking opportunities in both on and off street locations suitable for replacement of parking spaces within the vicinity of the proposed development, should an investment in parking on-site be deemed not feasible; and b. issue a competitive call for proposals to identify a non-profit developer and operator, from an organization whose vision for the site would reflect the values of the neighbourhood, with the site to be leased for a 99 year term, subject to City Council's approval.
MM23.20adopted
Many older homes in Toronto's inner suburbs have a plumbing configuration that combines sewer access through a "party line" of neighbouring properties. A party sewer line is characterized by at least one private sewer crossing into a neighbouring property to join a single pipe, which then connects to the City's public sewer line. These lines are on private property but are also shared infrastructure which can raise costly problems if a line is blocked or collapsed. While this configuration has declined within modern building practices, many residents across the city could face costly repairs and complicated coordination issues with neighbours if they have to resolve a problem on a party line. It's common for residents to be unaware that their home is connected to a party line. Given the age of these properties, there aren't always drawings or plans available to locate the sewage connection. Unfortunately, a party line is often only discovered in the investigation that follows a flooded basement or plumbing back-up. While incidents caused by a faulty party line are generally outside of the City's responsibility, residents often look to the City for insights and solutions. Given the prevalence of this issue, and the likely growing need for attention as this infrastructure ages, the City could do more to inform residents that they might be on a party line, and help to support residents with information and resources to resolve potential issues with this type of plumbing configuration. As our older neighbourhoods continue to age, their infrastructure is more likely to require attention. The City has previously endeavoured to increase understanding of issues that impact residents of older properties through efforts like the Lead in Drinking Water Mitigation Strategy and the Backflow Prevention Program. These programs are successfully raising awareness of health impacts and providing safety measures for private residences. This motion asks for the General Manager to explore opportunities to create a similar campaign around party sewer lines.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council request the General Manager, Toronto Water, working in consultation with relevant divisions, to explore opportunities to develop an information and education campaign on homes with Party Sewer Lines and develop resources and service improvements to support residents experiencing issues with them.
Staff recommendation as filed
Councillor Brad Bradford, seconded by Councillor Gary Crawford, recommends that: 1. City Council request the General Manager, Toronto Water, working in consultation with relevant divisions, to explore opportunities to develop an information and education campaign on homes with Party Sewer Lines and develop resources and service improvements to support residents experiencing issues with them.
MM23.21adopted
This Motion seeks authority to enter into a Construction Project Agreement with the Developer, 2470347 Ontario Inc. (the "Owner"), and for the authority to transfer funds up to $43.565 million from the 2020 Council Approved Capital Budget and 2021-2029 Capital Plans for Parks, Forestry and Recreation and Children's Services for the construction of the Wallace-Emerson Community Recreation Facility, including a Child Care Facility, and Above Base Park Improvements. The 2020-2029 Capital Budget and Plan for Parks, Forestry and Recreation includes a project cost of $38.565 million for the Wallace-Emerson (Galleria) Redevelopment and Wallace-Emerson (Galleria) Park and Fieldhouse Phase 1 sub-projects, with cash flow of $12.665 million in 2021 and $25.900 million in 2022. Children's Services 2020-2029 Capital Budget and Plan includes a project cost of $5.000 million for the Wallace-Emerson Child Care Centre with cash flow of $0.259 million in 2020, $0.750 million in 2021, $1.000 million in 2022, $1.250 million in 2023, $1.441 million in 2024, and $0.300 million in 2025. This cash flow will be realigned to years 2021 and 2022 through the 2021 Budget process. The proposed Wallace-Emerson Recreation Centre relocation and park redesign is to be built by the Owner, as part of their development application at 1245 Dupont Street (also known as Galleria Mall) including a full reconfiguration of the park with a land exchange between the City and the Owner. On December 20, 2019, a Section 37 Agreement (the "Agreement") between the Owner and the City was registered against title to the site, excluding lands currently owned by the City but which will be transferred by the City to the Owner through the land exchange following the Owner's completion of a new Community Recreation Facility and Above Base Park Improvements. The Agreement contemplates the parties entering into a Construction Project Agreement for the new Community Recreation Facility and Above Base Park Improvements to be constructed on the Owner's lands. The existing Wallace-Emerson Community Centre will be replaced and expanded by a new Community Recreation Facility that includes an aquatic centre, a gymnasium, multi-purpose areas, a new child care facility, and an ice rink skating facility. The new Facility is proposed to be relocated to the north-west corner of the site along Dupont Street and is approximately 8,300 square meters in size. The park will be enlarged through an on-site parkland dedication with the remaining parkland dedication cash-in-lieu being applied to the project. Construction of the Community Recreation Facility and Above Base Park Improvements is anticipated to start in mid-Fall 2020. While the Owner will make financial contributions to the construction of this Facility and Above Base Park Improvements, City Council authority is required to transfer funds up to $43.565 million from the 2020 Council Approved Capital Budget and 2021-2029 Capital Plans for Parks, Forestry and Recreation and Children's Services for the construction of the Wallace-Emerson Community Recreation Facility and Above Base Park Improvements. Funds are scheduled to be transferred to the Owner during the scheduled construction in 2021-2022 and as per terms and conditions of the Construction Project Agreement. Once the construction on the new Facility is complete and opened to the public, the existing Wallace-Emerson Community Recreation Centre will be closed and the land exchange with the Owner will proceed. The existing Wallace-Emerson Community Recreation Centre was identified as requiring revitalization or replacement in the Toronto Parks and Recreation Facilities Master Plan, adopted by City Council November 9, 2019. The Master Plan acknowledges future development may provide an opportunity to work with the private sector to renew the City's aged facilities earlier than what is contemplated in the Master Plan, as is the case with the Wallace-Emerson Community Recreation Centre. City Council authority is now required to authorize the appropriate City staff to enter into the Construction Project Agreement with the Owner to commence and complete the construction of the new Community Recreation Facility, including Child Care Facility, and Above Base Park Improvements. This Motion is required at this time as a Construction Project Agreement with the Owner and the authority to transfer funds, is required prior to the Owner tendering the project, which is planned for September 2020. Any additional funding requirements for this project as a result of the tendering process will be included in the budget process for consideration and authority from Council would be requested to increase the project costs and the transfer of funds to the Owner. Operating impacts of Capital will submitted for consideration through the 2021 Budget process.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation to execute on behalf of the City, a Construction Project Agreement with 2470347 Ontario Inc. for the reconstruction of the Wallace-Emerson Community Recreation Facility, including Child Care Facility, and Above Base Park Improvements, on terms and conditions deemed necessary and appropriate by the General Manager, Parks, Forestry and Recreation, the General Manager, Children's Services and the City Solicitor, and in accordance with City policies applicable to capital projects. 2. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation to execute on behalf of the City, any other ancillary agreements necessary to complete construction of the Community Recreation Facility, including Child Care Facility and Above Base Park Improvements, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, the General Manager, Children's Services and the City Solicitor. 3. City Council authorize the General Manager, Parks Forestry and Recreation to transfer up to $38.565 million from the Parks, Forestry and Recreation's Approved 2020 Capital Budget and 2021-2029 Capital Plan from the Wallace-Emerson (Galleria) Redevelopment (CPR123-49-03) and Wallace-Emerson (Galleria) Park and Fieldhouse Phase 1 (CPR117-50-20) sub-projects, subject to entering into a Construction Project Agreement with 2470347 Ontario Inc., to that entity to fund the City's agreed cash portion for the development of the Wallace-Emerson Community Recreation Facility, to advance the Wallace-Emerson Community Recreation Facility and Above Base Park Improvements. 4. City Council authorize the General Manager, Children's Services to transfer up to $5.000 million from the Children's Services Approved 2020 Capital Budget and 2021-2029 Capital Plan from the Wallace-Emerson Child Care Centre (CCS045-01) sub-project, subject to entering into a Construction Project Agreement with 2470347 Ontario Inc., to that entity to fund the City's agreed cash portion for the development of the Wallace-Emerson Child Care Facility, to advance the Wallace-Emerson Child Care Facility as part of the Community Recreation Facility.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommends that: 1. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation to execute on behalf of the City, a Construction Project Agreement with 2470347 Ontario Inc. for the reconstruction of the Wallace-Emerson Community Recreation Facility, including Child Care Facility, and Above Base Park Improvements, on terms and conditions deemed necessary and appropriate by the General Manager, Parks, Forestry and Recreation, the General Manager, Children's Services and the City Solicitor, and in accordance with City policies applicable to capital projects. 2. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation to execute on behalf of the City, any other ancillary agreements necessary to complete construction of the Community Recreation Facility, including Child Care Facility, and Above Base Park Improvements, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, the General Manager, Children's Services, and the City Solicitor. 3. City Council authorize the General Manager, Parks Forestry and Recreation to transfer up to $38.565 million from the Parks, Forestry and Recreation's 2020 Council Approved Capital Budget and 2021-2029 Capital Plan from the Wallace-Emerson (Galleria) Redevelopment (CPR123-49-03) and Wallace-Emerson (Galleria) Park and Fieldhouse Phase 1 (CPR117-50-20) sub-projects, subject to entering into a Construction Project Agreement with 2470347 Ontario Inc., to that entity to fund the City's agreed cash portion for the development of the Wallace-Emerson Community Recreation Facility, to advance the Wallace-Emerson Community Recreation Facility and Above Base Park Improvements. 4. City Council authorize the General Manager, Children's Services to transfer up to $5.000 million from the Children's Services 2020 Council Approved Capital Budget and 2021-2029 Capital Plan from the Wallace-Emerson Child Care Centre (CCS045-01) sub-project, subject to entering into a Construction Project Agreement with 2470347 Ontario Inc., to that entity to fund the City's agreed cash portion for the development of the Wallace-Emerson Child Care Facility, to advance the Wallace-Emerson Child Care Facility as part of the Community Recreation Facility.
MM23.22adopted
This Motion will give the City Solicitor authority, along with appropriate City Staff, to attend the Toronto Local Appeal Body in order to support the Committee of Adjustment's decision refusing the minor variance application regarding 47 White Abbey Park (Application A0011/20SC). The Application sought to legalize an as-built driveway that is wider than the maximum permitted driveway width of 4.16 metres, as prescribed in the City's Zoning By-law 569-2013. Planning staff raised concerns with respect to the Application because the proposed driveway does not meet the purpose and intent of applicable Official Plan policies and Zoning By-law regulations regarding neighbourhood character and driveway standards, among other concerns. On June 1, 2020, the Committee of Adjustment refused the Application. The owners of 47 White Abbey Park appealed the Decision to the Toronto Local Appeal Body, as filed by their agent/representative. The Appeal, which will be considered by the Toronto Local Appeal Body, seeks approval of the Application. At this time, a Toronto Local Appeal Body hearing date is yet to be scheduled for this Appeal.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff, in order to oppose the Appeal of the Committee of Adjustment's decision to refuse the minor variances requested in Application A0011/20SC, and any other variances that may be requested, regarding 47 White Abbey Park. 2. City Council authorize the City Solicitor to retain such outside consultants as may be necessary to oppose the Appeal. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Appeal, 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, Scarborough District.
Staff recommendation as filed
Councillor Michael Thompson, seconded by Councillor Cynthia Lai, recommends that: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff, in order to oppose the Appeal of the Committee of Adjustment's decision to refuse the minor variances requested in Application A0011/20SC, and any other variances that may be requested, regarding 47 White Abbey Park. 2. City Council authorize the City Solicitor to retain such outside consultants as may be necessary to oppose the Appeal. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Appeal, 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, Scarborough District.
MM23.23adopted
On May 25, 2010, an application was submitted to permit an exemption from Part Lot Control for the lands known as 939 Lawrence Avenue East, 49 and 75 The Donway West. The requested exemption was required to facilitate the financing and development of eight development Blocks approved within the Don Mills Centre (now known as Shops at Don Mills), including permanent easements related to an internal private street system. On August 27, 2010, City Council enacted By-law 1050-2010, exempting these lands from the Part Lot Control provisions of the Planning Act for a period of four years. Prior to the August 27, 2014 expiry of that By-law, the Owner requested an extension for a period of six years. City Council approved this request, enacting By-law 998-2014 at its meeting of August 25, 2014, extending the exemption of these lands from the Part Lot Control provisions of the Planning Act for a period of six years. This report recommends that the Part Lot Control exemption, which will expire on August 27, 2020, be extended for an additional three years to allow for the completion of this project. This Motion is urgent as the part lot control exemption by-law will expire before the next City Council meeting.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council enact a By-law to extend Part Lot Control Exemption for the lands municipally known as at 939 Lawrence Avenue East, 49 The Donway West and 966 Don Mills Road for an additional three year period from the expiry date of By-law 998-2014, in accordance with the draft By-law in Attachment 3 to the report (July 27, 2020) from the Acting Director, Community Planning, North York District. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft By-law as may be required. 3. City Council authorize and direct the appropriate City Officials to register the By-law on title. 4. City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law.
Staff recommendation as filed
Deputy Mayor Denzil Minnan-Wong, seconded by Councillor Lai, recommends that: 1. City Council adopt the following recommendations in the report (July 27, 2020) from the Acting Director, Community Planning, North York District: 1. City Council enact a by-law to extend Part Lot Control Exemption for the lands municipally known as at 939 Lawrence Avenue East, 49 The Donway West and 966 Don Mills Road for an additional three year period from the expiry date of By-law 998-2014, in accordance with the draft by-law in Attachment 3. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft by-law as may be required. 3. City Council authorize and direct the appropriate City Officials to register the by-law on title. 4. City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law.
MM23.24adopted
This Motion requests a re-opening of item AU5.7 to make a technical amendment to the wording of Part 2 of City Council's decision to grant authority for the City Manager (or designate) to negotiate and enter into an agreement with the external auditors. The engagement letter (contract) with the external auditors should be signed by the City Manager (or his designate) on behalf of the City Council, and not the Auditor General. This Motion is urgent because if authorization is not given, the agreement with the external auditors cannot be signed and work on the 2020 audits of the financial statements of the City and certain of its agencies and corporations cannot proceed. REQUIRES RE-OPENING: Item AU5.7 (June 29 and 30, 2020 City Council meeting), only as it pertains to Part 2 of City Council's decision.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council amend Part 2 of its decision on Item AU5.7 by deleting the words "the Auditor General" and inserting instead the words "the City Manager or designate" so that Part 2 now reads as follows: City Council authorize the City Manager or designate to negotiate and enter into an agreement in the amount of $6,733,000 excluding all applicable taxes and charges, $7,608,290 including HST and all applicable charges ($6,851,501 net of HST recoveries), with KPMG LLP being the highest ranked proponent meeting the requirements of the Request for Proposal for external audit services to perform the annual financial statement audits for the years 2020 to 2024 inclusive for the City of Toronto and certain of its agencies and corporations, as well as other attest audits of financial information as described in the Request for Proposal, as outlined in Attachment 1 to the report (January 24, 2020) from the Auditor General, on the terms and conditions set out in Request for Proposal 9119-19-7141(Doc2038917448) and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Stephen Holyday, seconded by Councillor John Filion, recommends that: 1. City Council amend Part 2 of its decision on Item AU5.7 by deleting the words "the Auditor General" and inserting instead the words "the City Manager or designate" so that Part 2 now reads as follows: City Council authorize the City Manager or designate to negotiate and enter into an agreement in the amount of $6,733,000 excluding all applicable taxes and charges, $7,608,290 including HST and all applicable charges ($6,851,501 net of HST recoveries), with KPMG LLP being the highest ranked proponent meeting the requirements of the Request for Proposal for external audit services to perform the annual financial statement audits for the years 2020 to 2024 inclusive for the City of Toronto and certain of its agencies and corporations, as well as other attest audits of financial information as described in the Request for Proposal, as outlined in Attachment 1 to the report (January 24, 2020) from the Auditor General, on the terms and conditions set out in Request for Proposal 9119-19-7141(Doc2038917448) and in a form satisfactory to the City Solicitor.
MM23.25adopted
The COVID-19 pandemic has exacerbated the urgent need to increase the supply of safe, secure and affordable housing for lower income households in the City. As a result of the pandemic, Toronto and cities around the world have also seen an increase in the number of former short-term rental apartments becoming available for rent on the market. In order to effectively take advantage of this opportunity to increase the availability and length of tenure of rental opportunities, it is recommended that the City explore the feasibility of renting the units itself with the support of non-profit housing partners, along with the layering of housing benefits where required, to provide more longer-term affordable rental options for tenants. By reducing the impact of vacancy and loss of revenue for landlords lower rents and longer lease terms could be negotiated with landlords, which could increase affordability and promote greater security of tenure for tenants.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council request the Executive Director, Housing Secretariat, in consultation with the Executive Director, Municipal Licensing and Standards, the General Manager, Shelter, Support and Housing Administration and the Executive Director, Corporate Real Estate Management, to report to the Planning and Housing Committee at its meeting scheduled for October 20, 2020, on the feasibility of a plan for the City to lease vacant, short-term rental units currently offered through AirBnB and other rental platforms, in order to provide longer-term affordable rental housing options for lower income families and individuals.
Staff recommendation as filed
Councillor Ana Bailao, seconded by Mayor John Tory, recommends that: 1. City Council request the Executive Director, Housing Secretariat in consultation with the Executive Director, Municipal Licensing and Standards, the General Manager, Shelter, Support and Housing Administration and the Executive Director, Corporate Real Estate Management to report to the Planning and Housing Committee at its meeting scheduled for October 14, 2020, on the feasibility of a plan for the City to lease vacant, short-term rental units currently offered through AirBnB and other rental platforms, in order to provide longer-term affordable rental housing options for lower income families and individuals.
MM23.26adopted
The Davisville Apartment Neighbourhood is already one of the densest areas in Toronto. The provincial government's unilateral revisions to the City's Midtown in Focus Plan (OPA 405) in favour of developers has put additional pressure on the area. With 3,000 new units in the development pipeline, and new applications anticipated, Davisville will become even more heavily populated in the coming years. Given that the City has little ability to fight the overdevelopment being pushed by Doug Ford, it is incumbent upon us to ensure a high quality of life for the existing and expected residents. This community already suffers from a deficit of park space, which will only worsen as new developments are built. The average park area per person in Toronto is 28 square metres. By comparison, the average park provision in the Davisville Apartment Neighbourhood is approximately less than half of that City-wide average. Parks and open spaces provide recreation opportunities, scenic views, access to sunlight, and environmental benefits. The current planning tools have not been successful in acquiring the needed parkland for this area. That's why this Motion requests City Staff to urgently use new methods to obtain green space in the Davisville community before all appropriate spots are slated for development. This Motion is urgent due to several anticipated development applications.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council direct the Director, Real Estate Services, and any other appropriate City staff, to investigate and report back on the benefits, costs and options for the City to acquire parkland in the Davisville Apartment Neighbourhood including the Proposed Public Parks in Map 21-8 of the Yonge Eglinton Secondary Plan Secondary Plan, and any other appropriate sites within the community.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Colle, recommends that: 1. City Council direct the Director, Real Estate Services, and any other appropriate City staff, to investigate and report back on the benefits, costs, and options for the City to acquire parkland in the Davisville Apartment Neighbourhood including the Proposed Public Parks in Map 21-8 of the Yonge Eglinton Secondary Plan Secondary Plan, and any other appropriate sites within the community.
MM23.27adopted
The report from the Chief Planner and Executive Director, City Planning, and the Executive Director, Corporate Real Estate Management, recommends: 1) a temporary use by-law pursuant to Section 39 of the Planning Act pertaining to the city-owned site at 229 Richmond Street West to permit outdoor patios for eating establishments located on a lot within the area bounded by Richmond Street West on the north, Duncan Street on the east, Nelson Street on the south and John Street on the west; and 2) the City enter into a licence extension and amending agreement with the abutting business owners to extend the licence term and waive the licence fee as set out in the licence agreement between the City and the abutting business owners dated July 17, 2020. 1) Temporary Use By-Law The proposed site-specific temporary use by-law at 229 Richmond Street West complements the CaféTO program and the Ministerial Zoning Order in supporting the ability of nearby eating establishments to respond to physical distancing requirements associated with the COVID-19 pandemic, by increasing the amount of outdoor space for patrons. The by-law would allow an outdoor patio, with restrictions, to be provided at 229 Richmond Street West in conjunction with nearby restaurants and bars which themselves are not located on the subject site. The temporary use by-law is proposed as a site-specific amendment to the City-wide harmonized Zoning By-law 569-2013 and also to the former City of Toronto Zoning By-law 438-86. The by-law is proposed to expire on November 16, 2020, to coincide with the end of the CaféTO program and the Ministerial Zoning Order. Per a provincial Regulation under the Emergency Management and Civil Protection Act, which amends S. 39 of the Planning Act, notice of this by-law is not required, nor can it be appealed. 2) Licence Extension and Amending Agreement Due to the immediate needs of the abutting restaurant owners, 2249487 Ontario Limited (o/a The Ballroom) and Easy & The Fifth Inc. (the "Licensee"), the City of Toronto entered into a licence agreement dated July 17, 2020 with each Licensee for a licence term of fourteen (14) days at fair market value (the "Licence Agreement") with the support from the Mayor's office, the local Business Improvement Area and the Alcohol and Gaming Commission of Ontario, under Corporate Real Estate Management's delegated authority, DAF 2020-202 and DAF 202-203. The intention was to permit the Licensees to operate their business as soon as possible using outdoor patios while Corporate Real Estate Management subsequently sought Council authority for an extension of the licence term until November 16, 2020 and waiver of the licence fee in the amount of $5,450 + HST (per licence) in order to align the City's arrangement with the Licensees with the CaféTO program and Council's previous decisions to support the reopening of local eating establishments following closures resulting from the COVID-19 pandemic. This Motion is urgent because the temporary licence expires at the end of this week.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council enact a Zoning By-law Amendment for 229 Richmond Street West substantially in accordance with Attachment 2 to the report (July 24, 2020) from the Chief Planner and Executive Director, City Planning and the Executive Director, Corporate Real Estate Management. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the Zoning By-law Amendment as may be required. 3. City Council authorize the Director, Real Estate Services to extend and amend the Licence Agreement between the City of Toronto and 2249487 Ontario Limited (o/a The Ballroom) and Easy & The Fifth Inc. (collectively, the "Licensees") to extend the licence term until November 16, 2020 and waive the licence fee as set out in the Licence Agreement thereby granting a nominal sum licence to the Licensees, and including such other terms as deemed appropriate by the Director, Real Estate Services or designate from time to time, and in a form satisfactory to the City Solicitor. 4. City Council authorize the Director, Real Estate Services to execute and deliver any amendments to the Licence Agreement on behalf of the City. 5. City Council authorize the Director, Real Estate Services or designate to administer and manage the Licence Agreement and amendments, including the provision of any consents, approvals, waivers, notices and notices of termination, provided that the Director, Real Estate Services, may, at any time, refer consideration of such matters to City Council for its determination and direction.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Michael Thompson, recommends that City Council adopt the following recommendations in the report (July 24, 2020) from the Chief Planner and Executive Director, City Planning, and the Executive Director, Corporate Real Estate Management: 1. City Council enact zoning by-law amendment substantially in accordance with Attachment 2 to the report (July 24, 2020) from the Chief Planner and Executive Director, City Planning and the Executive Director, Corporate Real Estate Management. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the zoning by-law amendment as may be required. 3. City Council authorize the Director, Real Estate Services, to extend and amend the Licence Agreement between the City of Toronto and 2249487 Ontario Limited (o/a The Ballroom) and Easy & The Fifth Inc. (collectively, the "Licensees") to extend the licence term until November 16, 2020 and waive the licence fee as set out in the Licence Agreement thereby granting a nominal sum licence to the Licensees, and including such other terms as deemed appropriate by the Director, Real Estate Services, or their designate from time to time, and in a form satisfactory to the City Solicitor. 4. City Council authorize the Director, Real Estate Services, to execute and deliver any amendments to the Licence Agreement on behalf of the City. 5. City Council authorize the Director, Real Estate Services, or their designate, to administer and manage the Licence Agreement and amendments, including the provision of any consents, approvals, waivers, notices, and notices of termination, provided that the Director, Real Estate Services, may, at any time, refer consideration of such matters to City Council for its determination and direction.
MM23.28adopted
In recent weeks, there have been considerable public questions surrounding the real estate holdings and financial accounting of the WE Charity, Me to We social enterprise and the Kielburger family. The majority of these properties are located in the Downtown East, and in particular Cabbagetown and Moss Park neighbourhoods. Numerous residents have contacted my office requesting information be made public regarding the City's lease agreement for 233 Carlton Street and any relationships between the City of Toronto, WE Charity, ME to WE social enterprise or the Kielburger family. The leased premises at 233 Carlton Street is the intended new location for the Adelaide Resource Centre for Women, which includes a 24-hour women's drop-in centre operated by Fred Victor in partnership with other government-funded service agencies. We believe it is in the public's interest for the City of Toronto to release as much detail as possible outlining the process used to identify, secure and decision on the location. Of particular interest, the public members are asking how did the site come to the attention of senior City Officials, what evaluation criteria was used to select the property, who from the WE-related organizations communicated with the senior Officials that had final decision-making authority, and if the value paid for the lease is inline with current market valuation for comparable properties. This matter is urgent because the real estate and financial matters of the WE Charity and ME to WE social enterprise are currently before the Ethics Committee in Ottawa, and while there is controversy, it is important for the City of Toronto to demonstrate that any decisions made by staff through delegated authority were done appropriately through a transparent and accountable process.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council direct the City Manager and the Executive Director, Corporate Real Estate Management to make public, as soon as possible, the following information about the recent lease agreement for 233 Carlton Street, and to also report to the September 30 and October 1, 2020 meeting of City Council on this real estate transaction: a. how did the property first come to the attention of senior City Officials; b. who from the WE-related organizations communicated with the senior City Officials that may have affected final delegated decision-making on site location and financial terms; and c. if the value paid for the lease agreement is inline and competitive with fair market valuation for comparable properties.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Mike Layton, recommends that: 1. City Council direct the City Manager and the Executive Director, Corporate Real Estate Management to make public, as soon as possible, the following information about the recent lease agreement for 233 Carlton Street, and to also report to the September 30 and October 1, 2020 meeting of City Council on this real estate transaction: a. how did the property first come to the attention of senior City officials; b. who from the WE-related organizations communicated with the senior city officials that may have affected final delegated decision-making on site location and financial terms; and c. if the value paid for the lease agreement is inline and competitive with fair market valuation for comparable properties.
MM23.29adopted
On December 16, 2019, the Lieutenant Governor of Ontario posted notice that certain Development Charges Act, 1997 changes would come into effect on January 1, 2020. These changes included a requirement that development charges for rental housing development be deferred to the date of first occupancy and collected in six equal annual installments over five years, instead of being payable at the time of building permit issuance. The City is in receipt of a building permit application for a project located 391 Cherry Street. The project consists of a proposal to construct a new mixed-use building consisting of three towers and podiums with a shared one level below grade garage. A total of 770 rental housing units are proposed, with 231 units for affordable rental housing. A standalone shoring and excavation permit was issued on September 19, 2019. City staff have completed the reviews for the conditional structural building permit. The developer wishes to pay the applicable development charges at time of issuance of the first conditional permit for the project, which is the structural permit (19-217279 STR CP), rather than deferring the payment to occupancy and payment in instalment. Development charges for the market rental component of the project that is otherwise subject to the mandatory development charges deferral to occupancy totals approximately $19.5 million.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council authorize the Chief Building Official and Executive Director, Toronto Building, in consultation with the Chief Financial Officer and Treasurer, to enter into a Development Charges Early Payment Agreement to allow for development charges for the project located at 391 Cherry Street to be calculated, payable and collected as of the date of the issuance of the first conditional building permit, which is the structural permit in respect of this project; the agreement to be in a form acceptable to the Chief Financial Officer and Treasurer and the City Solicitor. 2. City Council authorize the Chief Building Official and Executive Director, Toronto Building, in consultation with the Chief Financial Officer and Treasurer and the City Solicitor, to include any provisions in the agreement, as deemed appropriate, to protect the City's financial interests related to this project. 3. City Council direct and authorize the appropriate City staff to take the necessary action to give effect to City Council's decision.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Kristyn Wong-Tam, recommends that: 1. City Council authorize the Chief Building Official and Executive Director, Toronto Building, in consultation with the Chief Financial Officer and Treasurer, to enter into a Development Charges Early Payment Agreement to allow for development charges for the project located at 391 Cherry Street to be calculated, payable and collected as of the date of the issuance of the first conditional building permit, which is the structural permit in respect of this project; the agreement to be in a form acceptable to the Chief Financial Officer and Treasurer and the City Solicitor. 2. City Council authorize the Chief Building Official and Executive Director, Toronto Building, in consultation with the Chief Financial Officer and Treasurer and the City Solicitor, to include any provisions in the agreement, as deemed appropriate, to protect the City's financial interests related to this project. 3. City Council direct and authorize the appropriate City staff to take the necessary action to give effect to City Council's decision.
MM23.30adopted
On June 16, 2020, the Ministry of Municipal Affairs and Housing released "A Place to Growth: Growth Plan for the Greater Golden Horseshoe 2019" and "Proposed Land Needs Assessment Methodology for the Greater Golden Horseshoe". The Province is requesting the City to provide comments on both proposals by July 31, 2020. The Chief Planner and Executive Director, City Planning has prepared a report which provides preliminary staff comments and recommendations on Proposed Amendments to the Growth Plan which includes new growth forecasts and a new planning horizon, along with a proposed new Land Needs Assessment Methodology.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council request the Province to continue to provide land use certainty for all Provincially Significant Employment Zones throughout the City through the deletion of the proposed amendment to policy 2.2.5.10 of the Growth Plan. 2. City Council request the Province to revise Proposed Amendment 1 to the Growth Plan (2019) to extend the date by which municipalities must conform with the policies in the Growth Plan to July 1, 2023. 3. City Council request the Province to revise Proposed Amendment 1 of the Growth Plan policies and mapping to recognize and include additional "Provincially Significant Employment Zones" in the City of Toronto, (including the City's major office parks) as identified in the report entitled "Proposed Amendments to the Growth Plan for the Greater Golden Horseshoe, 2017 - Preliminary City Comments" dated February 25, 2019 adopted by Council at its meeting on February 26, 2019. 4. City Council request the Province to enable the use of Zoning with Conditions as permitted under section 113 (2) of the City of Toronto Act 2006 by passing a regulation under sections 122.1 to allow the City to address the protection and retention of employment uses with any approved conversion request. 5. City Council recommend the Province use "Mock A" Reference forecast in order to maintain the continuity and consistency of the long-range population forecasts in the face of near-term uncertainty as the "Mock A" Reference Forecast for population is recommended for inclusion in the final Amendment 1. 6. City Council recommend that the Province, in consultation with City staff, review the Reference Forecast for employment for the City of Toronto for 2031 and 2041 with regards to historical trends in the City's employment. 7. City Council recommend that the Province delete the proposed amendment to policies 2.2.1.1 and 5.2.4 as they are inconsistent with the fundamental structure and intentions of regional growth planning embodied in "A Place to Grow." 8. City Council recommend that the Province provide further detail, and the opportunity for the City to review and to provide comments, on the draft Land Needs Assessment guidance material prior to it being formally released. 9. City Council request the Province to revise Proposed Amendment 1 to the Growth Plan to continue to protect the habitat of endangered and threatened species from the establishment of new mineral aggregate operations and wayside pits and quarries. 10. City Council forward this Item to the Minister of Municipal Affairs and Housing by the Province's commenting deadline of July 31, 2020.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommends that City Council adopt the following recommendations in the report (July 28, 2020) from the Chief Planner and Executive Director, City Planning: 1. City Council request that the Province continue to provide land use certainty for all Provincially Significant Employment Zones throughout the City through the deletion of the proposed amendment to policy 2.2.5.10 of the Growth Plan. 2. City Council request that the Province revise Proposed Amendment 1 to the Growth Plan (2019) to extend the date by which municipalities must conform with the policies in the Growth Plan to July 1, 2023. 3. City Council request the Province to revise Proposed Amendment 1 of the Growth Plan policies and mapping to recognize and include additional "Provincially Significant Employment Zones" in the City of Toronto, (including the City's major office parks) as identified in the report entitled "Proposed Amendments to the Growth Plan for the Greater Golden Horseshoe, 2017 - Preliminary City Comments" dated February 25, 2019 adopted by Council at its meeting on February 26, 2019. 4. City Council request the Province to enable the use of Zoning with Conditions as permitted under section 113 (2) of the City of Toronto Act 2006 by passing a regulation under sections 122.1 to allow the City to address the protection and retention of employment uses with any approved conversion request. 5. City Council recommends the Province use "Mock A" Reference forecast in order to maintain the continuity and consistency of the long-range population forecasts in the face of near-term uncertainty as the "Mock A" Reference Forecast for population is recommended for inclusion in the final Amendment 1. 6. City Council recommends that the Province review in consultation with City staff the Reference Forecast for employment for the City of Toronto for 2031 and 2041 with regards to historical trends in the City's employment. 7. City Council recommends that the Province delete the proposed amendment to policies 2.2.1.1 and 5.2.4 as they are inconsistent with the fundamental structure and intentions of regional growth planning embodied in A Place to Grow. Proposed Amendments Growth Plan - Preliminary City Comments Page 3 of 17 8. City Council recommends that the Province provide further detail and the opportunity for the City to review and to provide comments on the draft Land Needs Assessment guidance material prior to it being formally released. 9. City Council request that the Province revise Proposed Amendment 1 to the Growth Plan to continue to protect the habitat of endangered and threatened species from the establishment of new mineral aggregate operations and wayside pits and quarries. 10. City Council forward this item to the Minister of Municipal Affairs and Housing by the Province's commenting deadline of July 31, 2020.
MM23.31adopted
Given that yesterday, July 28, a noose was found at the Eglinton Crosstown Construction Site at Dufferin and Eglinton and that this is the fifth such hideous and disgusting act of hate at construction sites across the City of Toronto in recent weeks, it is imperative that all efforts possible must be made to deal with these multiple acts of hate. Not only are these acts of hate on construction sites an attack on all residents of Toronto but they are a dangerous threat to all the men and women who work on construction sites across the City.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council condemn these and all acts of hatred. 2. City Council request the Provincial Government and the Ontario Provincial Police to work in support of the Toronto Police Service in their efforts to find those responsible for these acts of hate and ensure the health and safety of all workers on construction sites.
Staff recommendation as filed
Councillor Mike Colle, seconded by Mayor John Tory, recommends that: 1. City Council condemn these and all acts of hatred. 2. City Council request the Provincial government and the Ontario Provincial Police to work in support of the Toronto Police Service in their efforts to find those responsible for these acts of hate and ensure the health and safety of all workers on construction sites.
MM23.32adopted
At its meeting of January 31, 2017, Toronto City Council adopted Item TE20.7, thereby approving the recommendations in the report from the Director, Community Planning, Toronto and East York District to enact a proposed Zoning By-law amendment for the lands at 440, 444, 450 and 462 Front Street West; 425, 439, 441 and 443 Wellington Street West; 6 - 18 Spadina Avenue and 1 and 19 Draper Street to permit a large-scale mixed-use development ("The Well"). The comprehensive redevelopment proposal provides for seven mixed-use buildings with residential, office and retail uses, as well as public parkland and privately-owned publicly-accessible open space. Overall, 1,537 dwelling units are proposed, with a mix of residential tenure including rental and ownership housing, as well as 105,364 square metres of office space and 44,824 square metres of retail space. The partnership for The Well includes a residential building partner, which is currently seeking building permits for two rental components of the project, known as Tower A and Tower B. With the changes to the Development Charges Act, 1997 which came into force on January 1, 2020, pursuant to the amended section 26.1 of the Act, developers of rental housing are required to pay development charges by instalments over a period of five years, beginning at the time of occupancy. Previously, such development would typically require payment of development charges at the issuance of first building permit. The Act also provides an option for developers and the municipality to enter into an agreement pursuant to section 27 of the Act which allows for the charges to be paid at an earlier or later date. A request has been made by the residential building partner to pay its development charges for Tower A and Tower B at the time of the first above grade building permit. This would allow the developer to gain certainty in its financing arrangements, while also providing the City with resources at an earlier point in the process. The first building permit for the project, being also the first above grade permit, was issued on July 24, 2020. This is the date the charges would have otherwise been payable to the City prior to the legislative changes coming into effect on January 1, 2020. With the changes, development charges for the market rental component of the project, in the amount of approximately $12.3 million, are subject to the mandatory development deferral to the time of occupancy and collected over the five year instalment period. Given that the building permit has been issued already, the recommendations in this Motion provides staff with the authority to enter into an agreement with the developer to collect the charges as soon as reasonably possible (e.g. on or before August 15, 2020). This timeline would allow for the agreement terms to be discussed between the developer and staff, and for the agreement to be prepared and executed. This Motion is urgent in order to permit the City to receive the development charges payment over the summer.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council authorize the Chief Building Official and Executive Director, Toronto Building, in consultation with the Chief Financial Officer and Treasurer, to enter into a Development Charges Early Payment Agreement pursuant to Section 27 of the Development Charges Act, 1997, to provide for the early payment of development charges respecting the rental portion of the development at 440, 444, 450 and 462 Front Street West; 425, 439, 441 and 443 Wellington Street West; 6 - 18 Spadina Avenue and 1 and 19 Draper Street to be calculated based on the date of issuance of the first building permit, being July 24, 2020, and payable and collected on or before August 15, 2020; the agreement to be in a form satisfactory to the Chief Financial Officer and Treasurer and the City Solicitor. 2. City Council authorize the Chief Building Official and Executive Director, Toronto Building, in consultation with the Chief Financial Officer and Treasurer and the City Solicitor, to include any provisions in the agreement, as deemed appropriate, to protect the City's financial interests related to this project. 3. City Council direct and authorize appropriate City staff to take the necessary action to give effect to City Council's decision.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Mike Layton, recommends that: 1. City Council authorize the Chief Building Official and Executive Director, Toronto Building, in consultation with the Chief Financial Officer and Treasurer, to enter into a Development Charges Early Payment Agreement pursuant to Section 27 of the Development Charges Act, 1997, to provide for the early payment of development charges respecting the rental portion of the development at 440, 444, 450 and 462 Front Street West; 425, 439, 441 and 443 Wellington Street West; 6 - 18 Spadina Avenue and 1 and 19 Draper Street to be calculated based on the date of issuance of the first building permit, being July 24, 2020, and payable and collected on or before August 15, 2020; the agreement to be in a form satisfactory to the Chief Financial Officer and Treasurer and the City Solicitor. 2. City Council authorize the Chief Building Official and Executive Director, Toronto Building, in consultation with the Chief Financial Officer and Treasurer and the City Solicitor, to include any provisions in the agreement, as deemed appropriate, to protect the City's financial interests related to this project. 3. City Council direct and authorize appropriate City staff to take the necessary action to give effect thereto.
MM23.33adopted
GHD, on behalf of St. Marys Cement Inc (Canada), will be undertaking sediment removal activities within Walmsley Creek. Although, the work will be primarily undertaken on Infrastructure Ontario owned lands, a portion of the work is within a City of Toronto unopened road allowance. The work to be undertaken is also located within the Toronto and Region Conservation Authority regulated area. GHD requested approval to access the unopen road allowance to undertake the work. St. Marys Cement Inc. (Canada), operating as CBM Ready Mix, experienced an incident involving the release of CemPlus (a dry powdered slag used in the production of ready-mixed concrete). This release occurred at their facility located at 55 Industrial Street, Toronto, Ontario. A portion of the release discharged to the City main storm sewer located under CBM Ready Mix property. The storm sewer discharges to the Walmsley Brook. Walmsley Brook traverses properties owned by Hydro One Networks Inc. and the City of Toronto. Transportation has granted a temporary construction access permit to access the property to complete the remedial work. The Toronto and Region Conservation Authority is also requesting a letter of acknowledgment to be signed as form of approval of the work that is to be performed as part of the Walmsley Brook Remediation on the City of Toronto road allowance. Transportation Services does not have authority to sign the letter requested by Toronto and Region Conservation Authority.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council authorize the City Manager or designate to negotiate, enter into and execute any agreements or issue any letters or permits necessary to address the City's interests with respect to the remediation and restoration efforts and/or sediment removal activities in relation to the Walmsley Brook Sediment Removal project on terms and conditions satisfactory to the City Manager or designate and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Jaye Robinson, seconded by Councillor Gary Crawford, recommends that: 1. City Council authorize the City Manager or designate to negotiate, enter into, and execute any agreements or issue any letters or permits necessary to address the City's interests with respect to the remediation and restoration efforts and/or sediment removal activities in relation to the Walmsley Brook Sediment Removal project on terms and conditions satisfactory to the City Manager or his designate and in a form satisfactory to the City Solicitor.
MM23.34adopted
The City of Toronto has received a request from the owner for a front yard outdoor patio on 1012-1018 Gerrard Street East. The front yard outdoor patio would replace the existing front yard parking spaces on the low-rise commercial plaza, and would support a number businesses along Gerrard Street East between Marjory Avenue and Jones Avenue in addition to those located on the subject site. This report recommends a Temporary Use By-law pursuant to Section 39 of the Planning Act pertaining to the property municipally known as 1012-1018 Gerrard Street East, to permit a front yard patio serving businesses within the stretch identified above. The proposed area-specific Temporary Use By-law complements the CaféTO program and the Ministerial Order in supporting the ability of the eating establishments within the area to respond to physical distancing requirements associated with the COVID-19 pandemic, by increasing the amount of outdoor space for patrons. Further, a provincial Regulation under the Emergency Management and Civil Protection Act (EMCPA) amends S. 39 of the Planning Act by removing notice requirements and appeal rights to temporary use by-laws that authorize outdoor patios associated with eating establishments. The By-law would allow an outdoor patio, with restrictions, to locate on 1012-1018 Gerrard Street East. The Temporary Use By-law is proposed as a site-specific amendment to the former City of Toronto By-law 438-86. The By-law is proposed to expire on November 16, 2020, to coincide with the end of the CaféTO program and the Ministerial Zoning Order. The next opportunity for approval would be September 30, 2020, which would both delay the opportunity to begin to recover from the impacts of the pandemic closure and result in the loss of two full months of business during the prime warm weather patio season.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council enact a Zoning By-law Amendment for 1012-1018 Gerrard Street East substantially in accordance with Attachment 2 to the report (July 28, 2020) from the Chief Planner and Executive Director, City Planning. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the Zoning By-law Amendment as may be required. 3. City Council direct that approval for the patio at 1012-1018 Gerrard Street East include the following conditions: a. signage will be posted in a prominent location to remind people to be considerate of the surrounding community; b. a telephone number will be provided for neighbours to register concerns or complaints directly with restaurant management; c. there will be no outdoor music or amplified sound on the patio, and doors and windows to the establishment will not be left open or propped open while there is music or amplified sound in the interior; and d. the applicant will submit seating occupancy plans for the patio to Toronto Public Health and Municipal Licensing and Standards.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Mayor John Tory, recommends that: 1. City Council adopt the following recommendations in the report (July 28, 2020) from the Chief Planner and Executive Director, City Planning and that approval for the patio at 1012-1018 Gerrard Street East include the following conditions: a. signage will be posted in a prominent location to remind people to be considerate of the surrounding community; b. a telephone number will be provided for neighbours to register concerns or complaints directly with restaurant management; c. there will be no outdoor music or amplified sound on the patio, and doors and windows to the establishment will not be left open or propped open while there is music or amplified sound in the interior; and d. the applicant will submit seating occupancy plans for the patio to Toronto Public Health and Municipal Licensing and Standards. Report Recommendations 1. City Council enact the zoning by-law amendment substantially in accordance with Attachment 2 to the report (July 28, 2020) from the Chief Planner and Executive Director, City Planning. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the zoning by-law amendment as may be required.
MM23.35adopted
The City of Toronto has received a request from the Macedonian Village Ltd. for a rear yard outdoor patio associated with an eating establishment at 107 Danforth Avenue. The rear yard outdoor patio would be located on the property municipally known as 95-107 Danforth Avenue and would extend into the property at 749 Broadview Avenue. The same landowner owns these properties. This report recommends a temporary use by-law pursuant to Section 39 of the Planning Act pertaining to the properties municipally known as 95-107 Danforth Avenue and 749 Broadview Avenue, to permit a rear yard outdoor patio for the eating establishment located at 107 Danforth Avenue. The proposed site-specific Temporary Use By-law complements the CaféTO program and the Ministerial Order in supporting the ability of the eating establishment at 107 Danforth Avenue to respond to physical distancing requirements associated with the COVID-19 pandemic, by increasing the amount of outdoor space for patrons. Further, a provincial Regulation under the Emergency Management and Civil Protection Act (EMCPA) amends S. 39 of the Planning Act by removing notice requirements and appeal rights to temporary use by-laws that authorize outdoor patios associated with eating establishments. The By-law would allow an outdoor patio, with restrictions, to be provided in the rear yard of 95-107 Danforth Avenue and 749 Broadview Avenue. The Temporary Use By-law is proposed as a site-specific amendment to the City-wide harmonized Zoning By-law 569-2013 and also to the former City of Toronto By-law 438-86. The By-law is proposed to expire on November 16, 2020, to coincide with the end of the CaféTO program and the Ministerial Zoning Order. The next opportunity for approval would be September 30, 2020, which would both delay the opportunity to begin to recover from the impacts of the pandemic closure and result in the loss of two full months of business during the prime warm weather patio season.
City Council on July 28 and 29, 2020, adopted the following: 1. City Council enact a Zoning By-law Amendment for 95-107 Danforth Avenue and 749 Broadview Avenue substantially in accordance with Attachment 2 to the report (July 24, 2020) from the Chief Planner and Executive Director, City Planning. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the Zoning By-law Amendment as may be required. 3. City Council direct that approval for the patio at 95-107 Danforth Avenue and 749 Broadview Avenue be contingent on the following conditions: a. signage will be posted in a prominent location to remind people to be considerate of the surrounding community; b. a telephone number will be provided for neighbours to register concerns or complaints directly with restaurant management; and c. there will be no outdoor music or amplified sound on the patio, and doors and windows to the establishment will not be left open or propped open while there is music or amplified sound in the interior.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Ana Bailao, recommends that: 1. City Council adopt the following recommendations in the report (July 24, 2020) from the Chief Planner and Executive Director, City Planning and that approval for the patio at 95-107 Danforth Avenue and 749 Broadview Avenue be contingent on the following conditions: a. signage will be posted in a prominent location to remind people to be considerate of the surrounding community; b. a telephone number will be provided for neighbours to register concerns or complaints directly with restaurant management; and c. there will be no outdoor music or amplified sound on the patio, and doors and windows to the establishment will not be left open or propped open while there is music or amplified sound in the interior. Report Recommendations 1. City Council enact the zoning by-law amendment substantially in accordance with Attachment 2 to the report (July 24, 2020) from the Chief Planner and Executive Director, City Planning. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the zoning by-law amendment as may be required.