Toronto City Council
The full agenda, as filed
All 61 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
Items 1 to 25 of 61Show 2550100all
BL28.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills. Consolidated Bills Index for February 2 and 3, 2021 City Council Meeting http://app.toronto.ca/tmmis/viewBillBylaw.do?meeting=2021.CC28
City Council on February 2 and 3, 2021, enacted By-laws 26-2021 to 60-2021.
CC28.1amended
On December 22, 2016, the applicant submitted an Official Plan Amendment to amend the Toronto Official Plan to add a Site and Area Specific Policy ("SASP") for the lands municipally known as 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue (the "Subject Lands") to permit a mixed use development. The Subject Lands are located within the Golden Mile Secondary Plan study area. The proposed SASP included building heights ranging from one-storey to 39-storeys, 2,614 residential units (242,799 square metres of residential uses) and 30,629 square metres of non-residential uses, with a proposed gross Floor Space Index ("FSI") of 3.5 times the area of the site, for a total gross floor area of 273,428 square metres. The proposed mixed-use development would include multiple tall buildings with a range of building heights and stacked townhouses with a total of 1,630 residential units and 26,004 square metres of new retail uses proposed to be developed in five (5) blocks. On March 5, 2018, the applicant appealed their proposed SASP to the Local Planning Appeal Tribunal (the "LPAT") due to Council's failure to make a decision within the statutory timeframe. On November 8, 2019, the City received a letter from the applicant's solicitor, being a "with prejudice" settlement offer and formal revision to the application ("Resubmission Letter"). The Resubmission Letter advised that the applicant has amended its application, including an increase in proposed density to 4.28 times the area of the lands, comprising of approximately 3,291 residential units (303,215 square metres of residential uses) and 31,173 square metres of non-residential uses, for a proposed total gross floor area of 334,928 square metres. The Resubmission Letter also provided an updated OPA by-law, which provides for upwards of 340,000 square metres of gross floor area, which is a significant increase of approximately 61,500 to 66,572 square metres of gross floor area. The Resubmission Letter was not accompanied by any supporting reports or update letters. On September 22, 2020, the applicant filed updated materials and studies in support of its Resubmission Letter. On January 8, 2020, Scarborough Community Council directed that the City Solicitor, the Chief Planner and Executive Director, City Planning and appropriate City staff attend a meeting to discuss a possible resolution of the matter in advance of the January 29, 2020 City Council meeting. The matter was deferred at January 29, 2020 City Council meeting and due to COVID-19 was on the agenda for the July 28 and 29, 2020 meeting of City Council. The matter was considered by Council in July. On October, 2020, the applicant filed zoning by-law amendment and draft plan of subdivision applications for the Subject Lands. A notice of incomplete application letter was issued in November. After further required materials were received by the applicant, a notice of complete application was issued on December 14, 2020. The purpose of this report is to request further instructions regarding a matter appealed to the LPAT.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 22, 2021) from the City Solicitor. 2. City Council adopt the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson. 3. City Council direct that Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (January 22, 2021) from the City Solicitor, and the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (January 22, 2021) from the City Solicitor and the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (January 22, 2021) from the City Solicitor and the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson 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 including the Confidential Appendices to the report (January 22, 2021) 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.
MM28.1adopted
In July 2019, as part of the 230 Oak Street - Official Plan Amendment and Zoning Amendment Applications, City Council approved a cash contribution of $1,200,000.00 to be allocated towards the development of the Dixon Hall Youth Centre located in Regent Park at 51 Wyatt Avenue. To expedite the process of securing Section 37, City Council directed the City Solicitor to request the Local Planning Appeal Tribunal to withhold any final Order until this condition has been met. To date, the final Order remains outstanding. The Dixon Hall Youth Centre is near completion. We are requesting to allocate the Section 37 funds from 55 Charles Street towards the Youth Centre with the intention of reallocating the $1,200,000.00 that was secured at 230 Oak Street elsewhere in Ward 13. Funds have been secured through Section 37 benefits from the development at 55-61 Charles Street East that included $1,670,000.00 plus indexing and interest for the purpose funding community, cultural, or recreational facilities capital improvements within Ward 13. City Planning staff advises that the proposed purposes of the funds as set out in the recommendations of this Motion and are in compliance with the respective Section 37 Agreements and are in accord with Council approved guidelines and protocols.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council increase the Staff Recommended 2021 Operating Budget for Non-Program, subsequent to its approval, on a one-time basis by $1,200,000.00 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from 55-61 Charles Street East (Source Account: XR3026-3701046) for the development of the Dixon Hall Youth Centre located in Regent Park at 51 Wyatt Avenue (Cost Centre: NP2161). 2. City Council direct that the $1,200,000.00 be forwarded to the Dixon Hall Youth Centre upon the signing of an Undertaking by the Dixon Hall Youth Centre to govern the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Mike Layton, recommends that: 1. City Council increase the Staff Recommended 2021 Operating Budget for Non-Program, subsequent to its approval, on a one-time basis by $1,200,000.00 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from 55-61 Charles Street East (source account XR3026-3701046) for the development of the Dixon Hall Youth Centre located in Regent Park at 51 Wyatt Avenue (cost centre NP2161). 2. City Council direct that the $1,200,000.00 be forwarded to the Dixon Hall Youth Centre upon the signing of an Undertaking by the Dixon Hall Youth Centre to govern the use of the funds and the financial reporting requirements.
RM28.1adopted
- O Canada - Moment of Silence
CALL TO ORDER: 9:38 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. February 2, 2021 Members of Council observed a moment of silence and remembered: Bill Alexander George Armstrong Helen Marie Chambers Ronald Ross Clancy Rocco 'Rocky' De Lorenzo Saul Korman Jim McDonald Michael Miceli Paul Moloney Asokan Rasiah Wayne Roberts Ben Rothman Andre Jordan Chef Scott Savoie Giuseppe 'Joe' Sottile Gordon 'Butch' Stewart Gary Webb-Proctor Speaker Nunziata acknowledged that City Council was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. Speaker Nunziata also acknowledged that Toronto is covered by Treaty 13 signed with the Mississaugas of the Credit. Speaker Nunziata advised Council of the following: For the benefit of those who are connected to the internet, the City Clerk has posted all of the agenda materials for today's meeting at toronto.ca/council. Members, although Civic Buildings, including City Hall are currently closed to the public, 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. February 3, 2021 Members of Council observed a moment of silence and remembered: Sam D'Avolio Naena Gnatyuk Sasha Hashi Rabbi Yitzchok Kerzner Alan Wayne Scott Michael Jonathan Wyman, Anna Aviva Wyman and John Kennedy Wyman
CC28.2adopted
On March 28, 2017, City Council adopted item CC27.2, directing the City Solicitor to attend the Local Planning Appeal Tribunal ("LPAT") in support of a joint settlement in principle of the Official Plan and Zoning By-law amendment applications for 31R Parliament Street, 370 Cherry Street and 370R Cherry Street ("31R Parliament Street") and the Official Plan and Zoning By-law amendment application at 60 Mill Street. On July 6, 2017, the LPAT issued its decision approving the joint settlement but withheld its final Order until the satisfaction of a number of conditions (the "2017 Settlement"). Following the 2017 Settlement the lands at 60 Mill Street have gone through changes of ownership and are now owned by 2575867 Ontario Inc. On December 24, 2019, the current owner of 60 Mill Street submitted a new Zoning By-law Amendment application to build a 31-storey hotel building (the "60 Mill Street New Application"). At this time, the current owner of 60 Mill Street is pursuing the 60 Mill Street New Application and is not taking any steps to finalize the 2017 Settlement. The owner of 31R Parliament Street submitted a letter to the City on January 20, 2021 requesting the City's consent to finalize the 2017 Settlement as it relates 31R Parliament Street, independent of finalizing the Official Plan and Zoning By-law appeals for 60 Mill Street, so they can proceed with the development as previously approved. The details of this request are attached to this report as Public Attachment 1. The purpose of this report is to seek instructions from City Council regarding the request from the owner of 31R Parliament Street to finalize the LPAT final Order for 31R Parliament Street in advance and independent of the final Order for 60 Mill Street. City Planning staff have been involved in the preparation of this report.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2021) 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 (January 25, 2021) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to issue the final Order in relation to the Official Plan and Zoning By-law Amendment applications for 31R Parliament Street, 370 and 370R Cherry Street, independent of the final Official Plan and Zoning By-law Amendment applications for 60 Mill Street, upon the satisfaction of the following matters: a. the form and content of the draft Official Plan and Zoning By-law amendments for 31R Parliament Street, 370 and 370R Cherry Street have been finalized in accordance with the settlement approved by City Council in Item 2017.CC27.2 on March 28, 2017 and as approved by the Local Planning Appeal Tribunal on July 6, 2017 to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner of 31R Parliament Street, 370 and 370R Cherry Street has prepared and submitted a revised Functional Servicing Report to the satisfaction of Engineering and Construction Services; if a Functional Servicing Report submitted to the satisfaction of the City identifies infrastructure capacity issues with respect to sewer or water, including groundwater management, the zoning shall only be approved with a holding (H) symbol, which shall be lifted when sufficient infrastructure is in place; c. the owner of 31R Parliament Street, 370 and 370R Cherry Street has submitted its site plan application for the consideration of the City's Design Review Panel; d. the owner of 31R Parliament Street, 370 and 370R Cherry Street has prepared and submitted a Transportation Impact Report Addendum, including updated traffic surveys from 2016, vehicular parking justification, and loading requirements to the satisfaction of the General Manager, Transportation Services; the number of vehicular parking spaces may deviate from the standards of Zoning By-law 569-2013, provided a justification is made in the revised Transportation Impact Study, all subject to the acceptance of the General Manager, Transportation Services; e. Comments from Metrolinx are provided to the satisfaction of the Chief Planner and Executive Director, City Planning in respect of the environmental impacts of the adjacent rail corridor upon the development and fulfillment of Metrolinx's standard requirements, which may include requirements with respect to the proposed crash wall; f. Official Plan Amendment 394 is approved by the Province, or alternatively have the Province confirm that it has no objections to the proposal, or such alternative arrangements as may be acceptable to the Chief Planner and Executive Director, City Planning; g. the following community benefits are secured in a Section 37 Agreement executed by the owner of 31R Parliament Street, 370 and 370R Cherry Street and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor: i. the owner of 31R Parliament Street, 370 and 370R Cherry Street shall provide a contribution of $3.2 million dollars, indexed upwardly in accordance with the Statistics Canada Non-residential Construction Price Index for Toronto, calculated from the date of the final Order of the Local Planning Appeal Tribunal and payable upon the issuance of the first above-grade building permit, to be directed to the following: A. $1,066,667 to be used by the City in its sole discretion with respect to improvements of the First Parliament site; B. $1,066,666 to be provided, under the supervision of the City with respect to improvements to the Toronto Aboriginal Hub in the West Don Lands; and C. $1,066,666 to be contributed towards streetscaping and open space improvements, of which $533,333 shall be spent on streetscaping and open space improvements within the Distillery District; and $533,333 shall be spent on streetscaping and open space improvements in the vicinity of the Distillery District including the intersection of Trinity Street and Mill Street; in the event that the City requests and the owner agrees to provide such improvements directly (to the satisfaction of the City) in lieu of a financial contribution, the owner shall, at the time of issuance of its first above-grade building permit, provide a letter of credit with respect to the value of such proposed works; ii. in the event the cash contribution identified in Part 1.g.i. above has not been used for the intended purpose within three (3) years after the issuance of the first above-grade building permit for all or any part of the site, the cash contribution may be redirected for another purpose or purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose or purposes are identified in the Official Plan and will benefit the community in the vicinity of the site; iii. the owner of 31R Parliament Street, 370 and 370R Cherry Street shall provide a contribution of $850,000 towards the commissioning of public art, including a public art proposal to be approved by the Chief Planner and Executive Director, City Planning where a portion of the contribution may be directed towards the relocation of "Still Dancing" by Dennis Oppenheim to a publicly accessible space subject to: A. any relocation of the public art shall be in accordance with the Distillery District's contractual arrangements with the Dennis Oppenheim estate and shall be subject to a relocation plan satisfactory to the City; and B. a reasonable cost estimate be provided, based on third party reviews of the relocation, with the actual cost not to exceed $100,000 all subject to the satisfaction of the Chief Planner and Executive Director, City Planning; iv. the owner of 31R Parliament Street, 370 and 370R Cherry Street shall provide 10 percent of the total number of dwelling units as 3 bedroom dwelling units or larger, or their equivalents; v. prior to the issuance of the first building permit, the owner of 31R Parliament Street, 370 and 370R Cherry Street shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; vi. the owner of 31R Parliament Street, 370 and 370R Cherry Street shall consult with the area residents in respect to the site plan applications for the development proposals, including meeting with area residents to present the site plans, in coordination with City Planning staff, and in consultation with the Ward Councillor; vii. the fourth and fifth storeys of the Ribbon Building shall be constructed in a different exterior material than the first three storeys, to be determined through the site plan approval process; viii. prior to the issuance of the first building permit, the owner of 31R Parliament Street, 370 and 370R Cherry Street shall submit a strategy to document and preserve archaeological remains on the site of 31A Parliament Street, to the satisfaction of the Senior Manager, Heritage Preservation Services; ix. the owner of 31R Parliament Street, 370 and 370R Cherry Street agrees to enter discussions with City Planning to revise the Section 37 Agreement, as amended for the Distillery District to delineate the publicly accessible open spaces; x. with respect to the area within the development contemplated to be adjacent to and to facilitate future installation by the City of a pedestrian walkway under the rail corridor to the south, the Section 37 Agreement shall reflect the requirement that the view from within the subject lands south to the entrance of the pedestrian underpass from the north side of Trinity Square shall not be obstructed by permanent structures to the satisfaction of the Chief Planner and Executive Director, City Planning; xi. the Section 37 Agreement will reference the requirement that, as part of its site plan application, the owner of 31R Parliament Street, 370 and 370R Cherry Street shall prepare a revised Pedestrian Wind Impact Study to be submitted and reviewed to the satisfaction of the Chief Planner and Executive Director, City Planning, with any recommended mitigation measures to be implemented through the site plan approval process; and xii. the owner of 31R Parliament Street, 370 and 370R Cherry Street will construct the underground garage beneath the Ribbon Building and any required crash wall for the Ribbon Building in conjunction with the garage and crash wall for the tower proposed at 31R Parliament Street; the design and materiality of the crash wall facing north shall be subject to approval by the Director, Community Planning, Toronto and East York District during the site plan application process; in addition, the owner will use commercially reasonable efforts to lease and finance the Ribbon Building such that it can be constructed in conjunction with the tower proposed at 31R Parliament Street; and if the owner can achieve a 60 percent leasing threshold and secure financing, the owner agrees to construct the Ribbon Building in conjunction with the tower proposed at 31R Parliament Street. 2. 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. The balance of Confidential Attachment 1 to the report (January 25, 2021) 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 recommendations contained in the Confidential Attachment 1 to this report. 2. If the confidential recommendations in Confidential Attachment 1 are adopted by City Council, City Council authorize the public release of: a. the confidential recommendations in Confidential Attachment 1, but that the remainder of Confidential Attachment 1 remain confidential as it contains advice which is subject to solicitor-client privilege.
MM28.2adopted
This Motion seeks City Council's authorization for the City Clerk to enter into an agreement with the Urban Alliance on Race Relations (UARR) in order to receive funding to support up to thirty part-time positions in Council Member Offices to support the Black Youth Fellowship, Tamil Youth Fellowship, Filipino Youth Fellowship and Muslim Youth Fellowship Programs in 2021. The Muslim Youth Fellowship started in 2017 and Fellows have been placed in Council Offices every year through 2020. The Fellowships are designed to increase participation in civic engagement and provide Fellows with the practical tools required to understand and navigate the political process. At its meeting on July 16, 2019, City Council adopted MM9.42 "Authorization of an Agreement to continue funding the Muslim Youth Fellowship Internship Program in Council Member's Offices for 2020" directing staff to explore possibilities of expanding the program with the Urban Alliance on Race Relations to youth from other diverse, under-represented communities with the goal of expanding the program as a year-round initiative at City Hall starting Fall 2020 and to report back on progress before the fourth quarter of 2019. http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2019.MM9.42 There is base budget funding of $17,330 in the Council General Budget for this Program. The UARR will cover the remaining cost of the Program in 2021. Social Development Finance and Administration will report back to Council before the end of Q3 with an enhanced program model and recommendations to ensure the program is sustained with workforce development components for implementation in 2022.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council authorize the City Clerk to enter into an agreement with the Urban Alliance on Race Relations to receive funding in 2021 for up to 30 Councillor Aide positions in Council Member offices. 2. City Council request the Executive Director, Social Development, Finance and Administration, in consultation with the City Clerk, to report before the end of the third quarter of 2021 on an enhanced workforce development model for the Youth Fellowship program for full implementation in 2022.
Staff recommendation as filed
Councillor Jennifer McKelvie, seconded by Councillor Michael Thompson, recommends that: 1. City Council authorize the City Clerk to enter into an agreement with the Urban Alliance on Race Relations to receive funding in 2021 for up to thirty Councillor Aide positions in Council Member offices. 2. City Council request the Executive Director, Social Development Finance and Administration, in consultation with the City Clerk, to report back before the end of the third quarter of 2021 on an enhanced workforce development model for the Youth Fellowship program for full implementation in 2022.
RM28.2adopted
City Council will confirm the Minutes from the regular meeting held on December 16, 17 and 18, 2020.
City Council confirmed the Minutes of Council from the regular meeting held on December 16, 17 and 18, 2020.
CC28.3adopted
500 Dupont Street - Zoning Amendment Application - Further Request for Direction
500 Dupont Street Holdings (the "Applicant") is the owner of lands municipally known as 500 Dupont Street on the north side of Dupont Street, west of Bathurst Avenue (the "Subject Site"). On September 22, 2015, the Applicant filed an application to amend the City of Toronto Official Plan (the "Official Plan Amendment Application") and Zoning By-law 438-86, as amended, (the "Zoning By-law Amendment Application"), to permit a mixed-use development on the 500 Dupont Lands. On February 8, 2016, the Applicant filed an appeal with the Ontario Municipal Board ("OMB"), now known as the Local Planning Appeal Tribunal ("LPAT), as a result of City Council's failure to make a decision on the Zoning By-law Amendment Application within the statutory timeframe. On March 11, 2016, the Applicant filed an appeal with the OMB with respect to City Council's decision to refuse the Applicant's Official Plan Amendment Application. On March 31, 2016 and April 1, 2016, City Council adopted a recommendation from the City Solicitor to accept a settlement offer (the "Settlement Offer"), which was set out in letters dated February 29, 2016 and March 1, 2016, and further amended by a letter dated March 31, 2016. City Council authorized the City Solicitor and appropriate City Staff to attend the OMB hearing in support of the revised proposal of a 9-storey mixed-use development containing 150 residential units, as detailed in the Settlement Offer. City Council also authorized the entering into an agreement pursuant to Section 37 of the Planning Act. On May 11, 2016, the City Solicitor and City Staff attended the settlement hearing before the OMB. On February 1, 2017, the OMB issued an Interim Order (the "Interim Order") allowing the Applicant's appeal of the Zoning By-law Amendment Application, but withheld a final order pending notification from the City Solicitor that requisite conditions are satisfied. The Official Plan Amendment Application appeal was withdrawn by letter dated May 12, 2016. The purpose of this report is to request further instructions. City Planning has been involved in the preparation of this report.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal respecting the Zoning By-law Amendment appeal for 500 Dupont Street in support of the minor revisions made to the proposed development, as reflected in Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor . 2. City Council authorize the City Solicitor and City Staff to include the revised residential unit count, height and vehicular parking spaces in the draft Zoning By-law in Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor to be submitted to the Local Planning Appeal Tribunal, with the final form to the satisfaction of the Chief Planner and Executive Director, City Planning. 3. City Council authorize the City Solicitor and other City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, and Confidential Attachment 2, 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.
MM28.3adopted
Over one-hundred residents of 128 Sheridan Avenue have raised accessibility concerns regarding the July 2020 installation and expansion of the Bike Share station at 128 Sheridan Avenue. Given the high volume of seniors residing at this location, there are concerns that this station prevents safe access to their homes. This Motion intends to ensure Bike Share has the tools and resources required for a timely and appropriate relocation of this station while maintaining the important and convenient service it provides to the surrounding community.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council request Bike Share Toronto, the Toronto Parking Authority and direct the General Manager, Transportation Services to: a. with the approval of the local Councillor, investigate and coordinate the relocation of the Bike Share Station located at 128 Sheridan Avenue, including but not limited to the City property adjacent to the northern portion of the property, on an expedited basis to a location that will continue providing convenient service to the immediate community; and b. report back to Toronto and East York Community Council for its meeting on April 21, 2021 with an update on this direction's progress should the relocation not be completed by that time.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommends that: 1. City Council request Bike Share Toronto, the Toronto Parking Authority and direct the General Manager, Transportation Services to: a. with the approval of the local Councillor, investigate and coordinate the relocation of the Bike Share Station located at 128 Sheridan Avenue, including but not limited to the City property adjacent to the northern portion of the property, on an expedited basis to a location that will continue providing convenient service to the immediate community; and b. report back to Toronto and East York Community Council for its meeting on April 21, 2021 with an update on this direction's progress should the relocation not be completed by that time.
RM28.3adopted
Introduction of Committee Reports and New Business from City Officials
Deferred Items: Toronto and East York Community Council Item TE21.9 Report of the Executive Committee from Meeting 20 on January 27, 2021 Submitted by Mayor John Tory, Chair Report of the Board of Health from Meeting 25 on January 18, 2021 Submitted by Councillor Joe Cressy Report of the Civic Appointments Committee from Meeting 17 on January 18, 2021 Submitted by Deputy Mayor Denzil Minnan-Wong, Chair Report of the Economic and Community Development Committee from Meeting 19 on January 5, 2021 Submitted by Councillor Michael Thompson, Chair Report of the General Government and Licensing Committee from Meeting 20 on January 4, 2021 Submitted by Councillor Paul Ainslie, Chair Report of the Infrastructure and Environment Committee from Meeting 19 on January 11, 2021 Submitted by Councillor Jennifer McKelvie, Chair Report of the Planning and Housing Committee from Meeting 20 on January 19.2021 Submitted by Councillor Ana Bailão, Chair Report of the Etobicoke York Community Council from Meeting 21 on January 8, 2021 Submitted by Councillor Mark Grimes, Chair Report of the North York Community Council from Meeting 21 on January 13, 2021 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 21 on January 6, 2021 Submitted by Councillor Jennifer McKelvie, Chair Report of the Toronto and East York Community Council from Meeting 22 on January 12, 2021 Submitted by Councillor Gord Perks, Chair New Business and Business Previously Request submitted by City Officials
Committee Reports, New Business and Business Previously Requested were presented to City Council for consideration.
CC28.4adopted
At its meeting of October 5, 6, and 7, 2016, City Council adopted the recommendations of the Final and Supplementary Reports on TOcore: Updating Tall Building Setbacks in the Downtown - City-Initiated Official Plan Amendment and Zoning By-law Amendment, as amended by Toronto and East York Community Council. It enacted By-law 1105-2016 ("OPA 352") and By-laws 1106-2016 and 1107-2016 (the "Amending By-laws"). These instruments were the outcome of a six-month study providing policy and updating the setback requirements for tall buildings in the Downtown. There were over two hundred appeals of Council's decision to adopt OPA 352 and to enact the Amending By-laws, made to the Ontario Municipal Board (the "OMB"), now continued as the Local Planning Appeal Tribunal (the "LPAT"), by numerous landowners and stakeholders. Since 2016, the LPAT has conducted six Pre-Hearing/Case Management Conferences ("CMC") with respect to OPA 352 and the Amending By-laws. During these events, the LPAT identified and categorized appellants/parties, and issued procedural directions in order to ensure a cost-effective and efficient hearing. At the most recent CMC, the LPAT scheduled a two-week hearing scheduled to begin on March 15, 2021. The LPAT identified a category of appellants and parties with carriage of appeals filed on behalf of universities, hospitals and a school board ("Institutional Appellants" and "Institutional Appeals"). The Institutional Appellants identified concerns that Official Plan Amendment 352 ("OPA 352") and Zoning By-laws 1106-2016 and 1107-2016 ("Amending By-laws"), as adopted by City Council, did not adequately address their unique programmatic requirements. Further, the Institutional Appellants' issues were not resolved through the proposed modifications to OPA 352 ("Modified OPA 352") and the Amending By-laws that were adopted in principle by City Council at its meeting on November 25 and 26, 2020. When approved by the LPAT, the Modified OPA 352 would resolve all the general appeals of the instruments, in addition to many of the site-specific appeals. The purpose of this report is to request further instructions with respect to OPA 352 and the Amending By-laws. City Planning has been involved in the preparation of this report.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege and litigation privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council endorse the terms of settlement for the appeals of the Governing Council of the University of Toronto, the Toronto Catholic District School Board, Ryerson University, Sinai Health System, St. Michael's Hospital, and University Health Network (the "Institutional Appeals") set out in Confidential Attachment 2 to the report (January 25, 2021) 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 352 in order to implement the settlement of the Institutional Appeals in accordance with Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor. 3. City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to modify and partially approve the Amending By-laws in accordance with the approach described in Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor, with the form of the Amending By-laws to be finalized to the satisfaction of the Chief Planner and the City Solicitor. 4. City Council authorize the City Solicitor to advance such stylistic and technical changes to the Amending By-laws as may be required at the Local Planning Appeal Tribunal. 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 to the report (January 25, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 25, 2021) 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 and litigation 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. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Attachment 2, 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 and litigation privilege.
MM28.4adopted
Canadian Stage, a registered charity, has provided performances in the amphitheatre in High Park since 1983. Over the years, these programs have appeared under various names including the Dream in High Park and Shakespeare in High Park. These programs have been enjoyed by thousands of Torontonians and visitors. Due to COVID-19 which had devastating effects on the cultural sector, and other trends in the performing arts, Canadian Stage has approached the City with a proposal for a revised High Park program, again titled The Dream in High Park. It would lengthen the season beyond the current performance period, introduce a wider range of artistic offerings including music, dance and original Canadian drama, and include more opportunities for community-based programming. Canadian Stage would partner with other non-profit professional arts organizations, community groups and cultural institutions to provide programming, which will increase access to the venue for a wider range of groups, and showcase a more diverse cultural experience. The proposed new program would follow any provincial orders and public health guidelines related to COVID-19 in force at the time, and would work with City officials to ensure these guidelines are implemented. As a large outdoor venue, visitors can be safely physically distanced, and the site has controlled ingress and egress. Canadian Stage has also offered to use the stage and other methods such as increased signage to promote environmental protection for High Park's sensitive ecology. To sustain the program financially and to provide employment for Toronto performance artists, Canadian Stage is proposing to institute online reserved ticket pricing for approximately 50 per cent of the seating capacity (capacity based on any public health guidelines at the time). The other 50 per cent would be available on a pay-what-you-can donation basis, as is the current practice. This strikes a balance between access and economic sustainability. Ticket prices would require the approval of the General Manager, Parks, Forestry and Recreation. Other programs in High Park require some kind of access fee or entrance fee, including the City-run Colborne Lodge, non-profit operations such as the sports leagues, and commercial operations such as the trackless train. At the Guild Park and Gardens in Scarborough, the non-profit Guild Festival Theatre sells tickets for a portion of the seating capacity for performances at the outdoor stage in the park, to help sustain its operations. The current licence agreement to use the space was executed in 2015. It was extended in 2020 for a further five-year period. An amendment to the agreement is required to implement this program. This Motion is urgent in order for the amending agreement to be executed in time for Canadian Stage to make preparations for a 2021 season.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Parks, Forestry and Recreation and the General Manager, Economic Development and Culture, to amend the 2015 Licence Agreement and the 2020 Licence Agreement Extension with the non-profit theatre company Canadian Stage Corporation to facilitate the implementation of Canadian Stage's proposal for a revised program at the amphitheatre in High Park, including an extension of the season from May-September to April-October, including the ability to charge an admission fee for up to 50 percent of the seating capacity and including any other changes deemed necessary and appropriate by the General Manager, Parks, Forestry and Recreation, all subject to the final approval of the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Gord Perks, recommends that: 1. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Parks, Forestry and Recreation, and the General Manager, Economic Development and Culture, to amend the 2015 Licence Agreement and the 2020 Licence Agreement Extension with the non-profit theatre company Canadian Stage Corporation to facilitate the implementation of Canadian Stage's proposal for a revised program at the amphitheatre in High Park, including an extension of the season from May-September to April-October, including the ability to charge an admission fee for up to 50 percent of the seating capacity, and including any other changes deemed necessary and appropriate by the General Manager of Parks, Forestry and Recreation, all subject to the final approval of the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
RM28.4received
Members of Council will declare interests under the Municipal Conflict of Interest Act.
Members of Council declared interests under the Municipal Conflict of Interest Act.
CC28.5adopted
Berkley Carlyle (Junction) Inc. ("Carlyle") are appellants to Official Plan Amendment No. 231 ("OPA 231") at the Local Planning Appeal Tribunal ("LPAT") regarding the lands municipally known as 6 Lloyd Avenue (the "Lands") designated Employment Areas in the City's Official Plan. City Council adopted OPA 231 policies for the entire city following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding employment lands. The City Solicitor requires directions for the OPA 231 LPAT hearing process.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (January 26, 2021) from the City Solicitor. 3. City direct that the balance of Confidential Attachment 1 to the report (January 26, 2021) 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 (January 26, 2021) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the without prejudice offer to settle site specific Appeal PL140860 (with respect to 6 Lloyd Avenue) to Official Plan Amendment 231 dated January 22, 2021 set out in Confidential Attachment 2 to the report (January 26, 2021) from the City Solicitor, and City Council direct the City Solicitor and other staff to attend at the Local Planning Appeal Tribunal in support of the settlement. Confidential Attachment 2 to the report (January 26, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of: a. the recommendations contained in the Confidential Attachment 1, with the remainder of the Confidential Attachment to remain confidential, as it contains advice subject to solicitor-client privilege; and b. Confidential Attachment 2.
MM28.5adopted
In the midst of COVID-19 and an affordable housing crisis, keeping people adequately housed is critical not only to the City of Toronto's post-pandemic recovery, but also to prevent further pressure on our shelter and respite system. As municipalities do not have the legal authority to issue moratoriums on residential evictions, we once again must turn to the Province of Ontario as they are the only level of government with the jurisdiction to enact such legislation. They rightly did this during the first pandemic lockdown from March 17 to July 31, 2020, but the moratorium expired after the first state of emergency in Ontario was lifted. Since the moratorium on residential evictions was lifted on August 1, 2020, thousands of tenants have been served notice for eviction mostly for non-payment of rent. As the COVID-19 lockdown shut down the economy, many of Ontario's working families are struggling with precarious employment, significantly reduced hours and income or complete job loss. At its September 30, 2020 meeting, City Council requested that the Province immediately reinstate the residential eviction moratorium for tenants. Subsequently we have repeated this request several times without any success. As Councillors, who have repeatedly advanced motions to City Council to have homelessness be declared an emergency since 2017, we watch with dismay as the housing and shelter crises deepens in the City and Province. Despite growing homeless, multiplying encampments, months of community protests and political pressure from the Official Opposition, the Government of Ontario was unmoved by the growing humanitarian crisis in homelessness. All the while, the Landlord and Tenant Tribunal continued to quicken its process of eviction applications through digital hearings, by telephone and teleconference, leaving many vulnerable tenants confused and others unable to respond if they did not have access to a telephone, high-speed internet or the technology that enables it. Since the Landlord and Tenant Tribunal reopened in August, they have processed over 14,000 applications for evictions. The digital eviction hearings are focused on speed and the clearing of the backlog and not on the principle of ensuring access to justice. Resulting in evicted tenants living in immediate homelessness and other tenants simply leaving their homes when an informal notice of eviction is given. On January 12, 2021 with the second wave of COVID-19 ripping through the Province, Premier Ford renewed the state of emergency stay-at-home order but did not reinstate the anticipated moratorium on residential evictions. Two days later, in a press release the Province finally confirmed it issued a second moratorium on residential evictions, but the wording of the emergency order was so confusing with parts retracted that it left many tenants further vulnerable. The Province did specify that an expedited eviction order from a judge or Landlord and Tenant Tribunal would still be allowed in "urgent situations." This new moratorium on residential evictions does not halt the notices, applications, hearings or enforcement of evictions. The legal loopholes are dangerously enormous and must be closed immediately. Failing to do so will leave thousands upon thousands of tenants homeless all the while the Premier insists that they stay in the home which he legally took away.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council request the Government of Ontario to work with the Attorney General to suspend and immediately order a comprehensive moratorium on residential evictions and to stop the processing of applications, notices, hearings and enforcement of evictions to prevent further homelessness. 2. City Council request the Government of Ontario to immediately establish a Province-wide residential emergency rent subsidy to prevent tenants from falling into homelessness. 3. City Council request the Government of Ontario to take the following actions to mitigate the rising number of homeless persons in Toronto: a. identify Provincially-owned space which could be made available for emergency homeless shelters this winter and, should City staff request these sites on a short-term basis, immediately provide them for this use; b. require municipal governments receiving Community Homelessness Prevention Initiative funding to build new shelters that provide sufficient capacity to accommodate their local homeless populations; c. immediately expand funding to create new supportive housing units in the City of Toronto to transition people experiencing homelessness from shelters to permanent housing; d. create a specific funding stream for shelter services in Toronto that is responsive to sudden increases in demand for services and in recognition that many people from underserved municipalities are accessing Toronto's emergency shelter system; and e. provide equal rent scales for Ontario Works/Ontario Disability Support Program recipients regardless of what type of housing they reside in.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Kristyn Wong-Tam, recommends that: 1. City Council request the Government of Ontario to work with the Attorney General to suspend and immediately order a comprehensive moratorium on residential evictions and to stop the processing of applications, notices, hearings and enforcement of evictions to prevent further homelessness. 2. City Council request the Government of Ontario to immediately establish a Province-wide residential emergency rent subsidy to prevent tenants from falling into homelessness. 3. City Council request the Government of Ontario take the following actions to mitigate the rising number of homeless persons in Toronto: a. identify Provincially-owned space which could be made available for emergency homeless shelter this winter and, should City staff request these sites on a short-term basis, immediately provide them for this use; b. require municipal governments receiving Community Homelessness Prevention Initiative funding to build new shelters that provide sufficient capacity to accommodate their local homeless populations; c. immediately expand funding to create new supportive housing units in the City of Toronto to transition people experiencing homelessness from shelters to permanent housing; d. create a specific funding stream for shelter services in Toronto that is responsive to sudden increases in demand for services, and in recognition that many people from underserved municipalities are accessing Toronto's emergency shelter system; and e. provide equal rent scales for Ontario Works/Ontario Disability Support Program recipients regardless of what type of housing they reside in.
RM28.5received
Members of Council may file petitions.
No petitions were filed during the Routine Matters portion of the meeting.
CC28.6adopted
Dufferin-Wilson Regeneration Area Study - Official Plan Amendment 362 - Request for Direction
At its meeting on November 7, 8 and 9, 2017, City Council adopted the recommendations in a Supplementary Report (November 7, 2017) from the Acting Chief Planner and Executive Director, City Planning and enacted By-law 1272-2017, adopting Official Plan Amendment 362 (OPA 362), that included the deletion of the City initiated Site and Area Specific Official Plan amendment 388 (SASP 388) for the lands located adjacent to the intersection of Dufferin Street and Wilson Avenue and replacing it with a new SASP 388. OPA 362 was appealed to the Local Planning Appeal Tribunal (LPAT) by five parties, and the parties agreed to participate in LPAT led mediation, and a one-day mediation session was held at the LPAT on January 16, 2020. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting on February 2 and 3, 2021.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix 1 to the report (January 25, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2021) 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 (January 25, 2021) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor and appropriate City Staff to attend at the Local Planning Appeal Tribunal to advise that City Council supports a modified Official Plan Amendment 362 related to the Dufferin Wilson Regeneration Study attached as Confidential Appendix 1 to the report (January 25, 2021) from the City Solicitor. Confidential Appendix 1 to the report (January 25, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 25, 2021) 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 recommendation in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendation is adopted by Council, then City Council authorize the public release of: a. the recommendation 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 b. Confidential Appendix 1.
MM28.6adopted
At its meeting on December 16, 17 and 18, 2020, City Council made its mid-term appointments of Members of Council to various committees and boards. The General Government and Licensing Committee and Greater Toronto Area Agricultural Action Committee both have vacancies. Councillor Nick Mantas was elected to the office of Councillor, Ward 22, Scarborough-Agincourt on January 15, 2021. The purpose of this Motion is to appoint the new Councillor to these vacant positions.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council appoint Councillor Nick Mantas to the following committee and board for a term of office ending November 14, 2022, and until a successor is appointed: a. General Government and Licensing Committee; and b. the Greater Toronto Area Agricultural Action Committee (GTA AAC).
Staff recommendation as filed
Mayor John Tory, seconded by Deputy Mayor Denzil Minnan-Wong, recommends that: 1. City Council appoint Councillor Nick Mantas to the following committee and board for a term of office ending on November 14, 2022 and until a successor is appointed: a. General Government and Licensing Committee; and b. the Greater Toronto Area Agricultural Action Committee (GTA AAC).
RM28.6received
Presentations, Introductions and Announcements
Various presentations and announcements will be made at the City Council meeting.
Various presentations, introductions and announcements were made to City Council on February 2, 3 and 5, 2021. February 2, 2021 Mayor Tory, during the morning session of the meeting, congratulated Councillor Bradford and his wife, Kathryn, on the arrival of their daughter Briar. Mayor Tory, during the morning session of the meeting, acknowledged the efforts of the City Clerk's Office in carrying out the Ward 22 By-election during the pandemic and welcomed Councillor Nick Mantas to his first City Council meeting. Councillor Holyday, during the morning session of the meeting, recognized the accomplishments of the late Bill Alexander. February 3, 2021 Mayor Tory, during the afternoon session of the meeting, announced that Councillor Ainslie would be celebrating a birthday on February 4th and wished Councillor Ainslie a Happy Birthday. February 5, 2021 Councillor Thompson, during the morning session of the meeting, spoke of Black History Month and played the music video "Freedom Heights" about the life of Joshua Glover. Mayor Tory, during the morning session of the meeting, declared February 12, 2021 "Madame Speaker Day" in the City of Toronto in recognition of the indefatigable Frances Nunziata. Mayor Tory also advised Members that Speaker Nunziata's birthday is on February 12th, and on behalf of Members of Council, wished Speaker Nunziata a Happy Birthday. Councillor Lai, during the afternoon session of the meeting, wished the Toronto Asian Community a Happy Lunar New Year.
CC28.7adopted
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, 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 and has not been rescheduled. 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. On July 28, 2020, City Council adopted recommendations of the Request for Direction report (July 20, 2020) from the City Solicitor respecting the proposed settlement, including the recommendation that the City Solicitor along with appropriate City staff attend the LPAT in support of the revised proposal. The City Solicitor seeks further direction on this matter no later than the completion of the City Council meeting on February 2 and 3, 2021.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) 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 Appendix 1 to the report (January 25, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2021) 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 (January 25, 2021) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Revised Settlement Offer as set out in Confidential Attachment 2 and Confidential Appendix 1 the report (January 25, 2021) 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 $1,015.000.00 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: A. 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. 3. City Council direct that prior to Final Site Plan approval for the Lands, or any part of the Lands, 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. City Council direct that 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, 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. City Council direct that prior to the release of the Letter of Credit required in Part 4.b. above, 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. Confidential Attachment 2 and Confidential Appendix 1 to the report (January 25, 2021) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 25, 2021) 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 Council, then City Council authorize the public release of: a. the recommendations contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege), and b. Confidential Attachment 2 and Confidential Appendix 1
MM28.7adopted
There is convincing and growing evidence that the aerosol transmission of COVID-19 is commonplace and plays a significant role in the spread of the virus. Unfortunately, many buildings are poorly ventilated and require significant ventilation upgrades, including improved HVAC systems, to help contain the transmission of viruses. Experts warn that while we may gain control over the spread of COVID-19, future pandemics are possible. Consequently, investing in improved ventilation now will not only help prevent the transmission of COVID-19, but have significant future health benefits. Upgrading indoor air quality standards also comes with significant economic benefits. Safer indoor spaces could enable many business and cultural activities to remain open or to reopen, thus helping them to remain viable. Retrofitting and upgrading HVAC equipment could also create hundreds of high quality jobs in manufacturing and construction. By incorporating both health and economic considerations, this Motion will help motivate Federal and Provincial governments to consider promoting and supporting the improvement of indoor ventilation, including the upgrade of HVAC systems, to prevent the aerosol transmission of COVID-19 and the possible future viruses that will follow.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council urge the Federal and Provincial Governments to consider promoting and supporting improvements to indoor ventilation and heating, ventilation, and air conditioning (HVAC) systems to reduce the aerosol transmission of COVID-19 and possible future viruses by: a. immediately implementing the recommendations in an open letter from 363 Canadian experts sent to the Prime Minister, Premiers and Chief Medical Officers of the Federal, Provincial and Territorial governments on January 4, 2021, notably: 1. developing clear ventilation standards using existing evidence and best practices, particularly addressing multi-occupant public spaces and activities with a higher risk of aerosol transmission, and integrating those standards into safe reopening guidelines; 2. mandating and funding ventilation assessments and upgrades of public institutions; and 3. recommending portable equipment that has been confirmed for safety and effectiveness in reducing aerosols containing SARS-CoV-2 such as air filtration units in spaces where sufficient and effective ventilation is not possible otherwise; b. amending applicable legislative and regulatory requirements, including the Ontario Building Code, to set government-approved standards and requirements for improved indoor ventilation in the alteration and construction of buildings; c. mandating ventilation assessments of all publicly-accessible buildings; d. mandating upgrades to existing heating, ventilation, and air conditioning (HVAC) systems to meet ventilation standards required to reduce the risk of aerosol transmission of SARS-CoV-2; and e. providing interest-free loans or grants to owners and operators of businesses and institutions who enhance existing, or install improved, indoor ventilation to meet government-approved standards.
Staff recommendation as filed
Councillor Michael Thompson, seconded by Councillor Joe Cressy, recommends that: 1. City Council urge the Federal and Provincial Governments to consider promoting and supporting improvements to indoor ventilation and HVAC systems to reduce the aerosol transmission of COVID-19 and possible future viruses by: a. immediately implementing the recommendations made in an open letter from 363 Canadian experts sent to the Prime Minister, Premiers and Chief Medical Officers of the Federal, Provincial and Territorial governments on January 4, 2021, notably: 1. developing clear ventilation standards using existing evidence and best practices, particularly addressing multi-occupant public spaces and activities with a higher risk of aerosol transmission, and integrating those standards into safe reopening guidelines; 2. mandating and funding ventilation assessments and upgrades of public institutions; and 3. recommending portable equipment that has been confirmed for safety and effectiveness in reducing aerosols containing SARS-CoV-2 such as air filtration units in spaces where sufficient and effective ventilation is not possible otherwise; b. amending applicable legislative and regulatory requirements, including the Ontario Building Code, to set government-approved standards and requirements for improved indoor ventilation in the alteration and construction of buildings; c. mandating ventilation assessments of all publicly-accessible buildings; d. mandating upgrades to existing HVAC systems to meet ventilation standards required to reduce the risk of aerosol transmission of SARS-CoV-2; and e. providing interest-free loans or grants to owners and operators of businesses and institutions who enhance existing, or install improved indoor ventilation to meet government-approved standards.
RM28.7amended
City Council will review the Order Paper.
February 2, 2021: City Council adopted the February 2, 2021 Order Paper, as amended and all other Items not held on consent. February 3, 2021: City Council adopted the February 3, 2021 Order Paper. February 5, 2021: City Council adopted the February 5, 2021 Order Paper.
CC28.8adopted
On October 4, 2016, an application was submitted to amend the Zoning By-law for the lands at 2 Carlton Street to permit the construction of a 73-storey (251.6 metres, including mechanical penthouse) mixed-use building tower with a 6-storey base building that includes retail uses on the first and second floors, office uses on the third and fourth floors and residential units above. A total of 1,046 residential units are proposed with a total gross floor area of 74,435.7 square metres. The Zoning By-law amendment application was appealed to the Ontario Municipal Board (now the Local Planning Appeal Tribunal (LPAT)) on March 23, 2018 for Council's failure to make a decision on the application within the prescribed timelines in the Planning Act. On January 4, 2021, the City received a without prejudice settlement offer, though the plans associated with the offer were provided on a with prejudice basis. A case management conference/settlement hearing has been scheduled at the LPAT on March 18, 2021, and accordingly this matter is urgent. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting which starts on February 2, 2021.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (January 26, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2021) 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 (January 26, 2021) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer and direct the City Solicitor and staff to attend the Local Planning Appeal Tribunal in support of the Revised Proposed. 2. City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure benefits under Section 37 of the Planning Act as follows: a. a cash contribution of a minimum of $14,750,000.00 to be allocated equally between capital improvements for new or existing affordable housing, cultural or recreational facilities in Ward 13, local area streetscape capital improvements, and local area park capital improvements as may be required by the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, should the proposal be approved in some form by the Local Planning Appeal Tribunal; b. the amount of the cash contribution in Part 2.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the Owner to the City; and c. in the event that the cash contribution in Part 2.a. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the Site. 3. 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. 4. City Council direct that the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development if approved by the Local Planning Appeal Tribunal: a. the owner shall provide an on-site parkland dedication of 238 square metres, in satisfaction of the Section 42 requirements of the Planning Act; the parkland will be conveyed to the City prior to the issuance of the first above grade building permit to the satisfaction of the City Solicitor; and base park improvements are to be constructed within one year of the issuance of an above grade building permit, and above-base park improvements will be provided as a credit against the Parks and Recreation component of the development charges applicable to the site; b. the owner shall provide a minimum of 8,282 square metres of gross floor area within the development for the purposes of on-site office space replacement; the owner also agrees to provisions within the site-specific by-laws for the potential further provision of office space for a total of 14,554 square metres of office gross floor area on the site; c. the owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate; d. the owner submit an updated Noise and Vibration Study, Wind Study, Parking and Traffic Impact Study, Landscape Plan, and other studies or reports as may be required through the Site Plan approval process for the Site and implement any required revisions or mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning; e. the owner will secure matters such as materiality, articulation and design of the proposed building, as well as site design, landscape and streetscape treatment through the Site Plan approval process; and g. the owner shall develop an interpretation/commemoration plan for the existing building on site, to be implemented as part of the Site Plan approval process to the satisfaction of the Chief Planner and Executive Director, City Planning. 5. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity and Storm Water Management Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; c. the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending By-law or any such required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner has secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; e. the owner has submitted a revised Transportation Impact Study and Parking Supply Justification acceptable to, and to the satisfaction of, the General Manager, Transportation Services; f. the owner has submitted a revised Pedestrian Level Wind Study, acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; g. the owner has submitted a revised Energy Strategy Report acceptable to, and to the satisfaction of, the Manager, Energy Efficiency Office, Environment and Energy; h. the owner has revised all plans and reports to show the location of Toronto Transit Commission infrastructure adjacent to the development site and ensure that a 3 metre clearance is maintained between the proposed development, including all below grade and above grade structures, to all Toronto Transit Commission infrastructure, all to the satisfaction of the Manager, Technical Review, Toronto Transit Commission and the Chief Planner and Executive Director, City Planning; i. the owner has entered into a Section 37 agreement with the City that has been executed, and registered on title to the property all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor securing the matters described in Part 3 above as matters agreed to and/or required in support of the development of the Site; j. the owner has withdrawn their appeal of Official Plan Amendment 183 - North Downtown Yonge Site and Area Specific Policy 382 as it relates to the Site; k. the owner has withdrawn their appeal of Official Plan Amendment 231 with respect to office replacement policies as it relates to the Site; and l. the owner has withdrawn their appeal of Official Plan Amendment 352 and By-laws 1106-2016 and 1107-2016 with respect to Tall Building Setbacks as they relate to the Site. 6. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Attachment 2 to the report (January 26, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 26, 2021) 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 Council, then City Council authorize the public release of: a. The recommendations contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege); and b. All of Confidential Attachment 2.
MM28.8withdrawn
Small businesses are the life-blood of communities. The current COVID-19 virus has in many cases irrecoverably harmed the post-pandemic recovery, with beloved local restaurants, bars, speciality shops and more closing for good. Even prior to the pandemic, many main street retail buildings have seen long standing challenges with high property taxes due to above average property assessment increases. One of the key measures the City can take to assist the long-term health of these small businesses is to implement property tax relief both during and post-pandemic to ensure the rebuilding of main streets post-COVID. For more than two decades, commercial properties in areas identified for intensification and redevelopment across the City have seen tremendous jumps in property taxes due to the way the Municipal Property Assessment Corporation assesses commercial properties as "highest and best use." In 1998, the Province of Ontario adopted the Current Value Assessment model for determining the assessed value of properties. Administered today by Municipal Property Assessment Corporation, all properties in Ontario have been re-assessed every four years and municipal property taxes are levied against these updated values. The majority of small businesses are located in areas identified in Toronto's Official Plan as the Downtown, Growth Centres and Avenues, where growth is directed to meet Provincial Policy and Official Plan objectives. Since Municipal Property Assessment Corporation tends to use comparable sales data for similar properties, development assemblies and land speculation in Toronto result in unprecedented property tax hikes that are a threat to many surrounding small businesses and the character of cherished neighbourhoods. By weighing the sale of similar and neighbouring properties, Municipal Property Assessment Corporation's calculations can result in enormous increases in property taxes on very modestly scaled main-street properties. As an example, on Yonge Street in 2017, the assessment growth on some properties resulted in owners of many historical two and three storey commercial properties seeing their taxes raise by 300 percent to 400 percent. City Council has recognized this issue and has attempted to support small businesses through a temporary 10 percent cap on commercial property tax increases, but a long-term sustainable solution is necessary. The City has been working with Municipal Property Assessment Corporation, the Toronto Association of Business Improvement Areas, the Ontario Ministry of Finance, and other small businesses and stakeholders to identify potential assessment and tax policy solutions that could address this challenge and support main streets in Toronto. The 2020 Budget, Ontario's Action Plan: Protect, Support, Recover, introduced property tax and assessment initiatives to support business competitiveness as the Province recovers from the pandemic. This included providing municipalities the flexibility to target tax relief to small businesses by creating a new optional property subclass for small businesses in 2021 and subsequent tax years. The Province also committed to considering matching any municipal property reductions with a corresponding reduction in the Province's Business Education Tax in order to further support small businesses. The Province is currently finalizing the regulations for the small business subclass, but the definition for small businesses is left to each municipality and can utilize geographic, business or property features to determine that definition. Given that main street businesses across Toronto were struggling with unaffordable property taxes before COVID and are under even more financial stress due to the pandemic, the City must be ready to assist small businesses through this new definition. It is critical the City implement a solution in 2021 to assist these small businesses through the pandemic, but also to ensure lively main streets with a diversity of small businesses in the City's Downtown, Growth centres and Avenues post-COVID.
Motion MM28.8 was withdrawn at City Council on February 2, 3 and 5, 2021.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Mike Colle, recommends that: 1. City Council direct the Chief Financial Officer and Treasurer to implement a new small business property subclass for the 2021 tax year in order to support small businesses through the pandemic and to stimulate economic growth and job creation post-pandemic, once the Regulations are released. 2. City Council direct the Chief Financial Officer and Treasurer to develop a small business property subclass definition that addresses the following issues: a. Highest and Best Use Assessments - the small business property subclass definition should address the need to reduce property taxes for small businesses that have endured increases in property assessments beyond the average for the Commercial Tax Class; b. Preserving and Rebuilding Toronto's Main Streets - the small business property subclass definition should support small businesses located on Toronto's main streets, helping them to survive through the pandemic, while also encouraging the rebuilding of main streets post-pandemic; and c. Broad Tax Relief for Small Businesses - the small business property subclass definition should recognize that small businesses are located throughout the City and provide a process to provide broad tax relief to these businesses. 3. City Council direct the Chief Financial Officer and Treasurer to set the small business subclass property tax rate to be 25 percent less than the Residual Commercial Band 1 and Residual Commercial Band 2 rate for 2021. 4. City Council direct the Chief Financial Officer and Treasurer, the Chief Planner and Executive Director, City Planning and the General Manager, Economic Development and Culture, to review the implementation of the small business subclass in 2021 and undertake community consultation to identify additional criteria and enhancements for the subclass, and to report their recommendations by September 2021 for consideration as part of the 2022 budget.
CC28.9adopted
1948630 Ontario Inc. (the "Applicant") is the owner of the property municipally known as 2908 Yonge Street (the "Subject Site"), located on the west side of Yonge Street, on the southwest corner of Yonge Street and Chatsworth Drive, in the Yonge-Lawrence area. The Subject Site abuts Duplex Parkette to the south and west. The Subject Site was formerly the location of a gas station and is currently vacant. On December 19, 2017, the Applicant submitted a Zoning By-law Amendment application to the City proposing to amend the former City of Toronto Zoning By-law 438-86 and City of Toronto Zoning By-law 569-2013 to permit the development of a new 13-storey mixed-use building with an overall height of 47.8 metres (the "Application"). The residential entrance would front onto Yonge Street with garage access from Chatsworth Drive. Parking would be provided in 4 levels of underground parking. A total of 70 parking spaces were proposed. On April 24, 2018, City Council considered and adopted the recommendations of a Refusal Report (Item NY29.7) from the Chief Planner and refused the rezoning Application. Following City Council's refusal of the Application, the Applicant appealed the Application to the Local Planning Appeal Tribunal ("LPAT"). The appeal is known as LPAT File No. PL180573. To date, the LPAT has held three case management conferences on the following dates: October 16, 2018; January 16, 2020; and July 27, 2020. In addition to the City and the Applicant, the Lytton Park Residents Organization ("LPRO") is also a party to the appeal. On August 22, 2020, the Applicant submitted revised plans for the purpose of the LPAT hearing ("LPAT Proposal"). The LPAT Proposal maintained the 13-storey height, but included a proposed on-site parkland dedication of 110.3 square metres along the west side of the Subject Property, abutting Duplex Parkette. The appeal is currently scheduled to be heard by the LPAT during a 9-day hearing on February 16 to 26, 2021. The purpose of this report is to request instructions regarding the LPAT appeal and upcoming hearing. The February 3 and 4, 2021 City Council meeting is the last opportunity for the City Solicitor to obtain instructions prior to the start of the LPAT hearing. City Planning has been involved in the preparation of this report.
City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor. 3. City Council authorize the public release of Confidential Attachments 2 and 3 to the report (January 26, 2021) from the City Solicitor. 4. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice that subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated January 25, 2021, in Confidential Attachment 2 and as generally shown on the Revised Plans dated January 25 and 26, 2021, in Confidential Attachment 3 to the report (January 26, 2021) 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 Settlement Offer dated January 25, 2021, in Confidential Attachment 2 and as generally shown on the Revised Plans dated January 25 and 26, 2021, in Confidential Attachment 3 to the report (January 26, 2021) 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 require the owner to enter into an agreement pursuant to Section 37 of the Planning Act to secure a privately-owned publicly accessible space provided and maintained by owner, at the owner's expense, located along the western edge of the subject site abutting the Duplex Parkette and having a width of not less than 3 metres and an area of not less than 112.2 square metres as generally shown on the Revised Plans dated January 25 and 26, 2021, in Confidential 3 to the report (January 26, 2021) from the City Solicitor, all to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor; the privately-owned publicly accessible space is intended to be accessible to the public and landscaped to compliment the abutting Duplex Parkette, including through the use of appropriate signage, tree and shrub plantings, and bench seating; any infrastructure associated with the previous gas station use, including but not limited to vent pipes, air intake, and air exhaust, located within the privately-owned publicly accessible space and/or adjacent Duplex Parkette lands shall be removed; any air intake or exhaust proposed as a component of the development located within the privately-owned publicly accessible space shall be appropriately screened and have their visual impact minimized through the design of the privately-owned publicly accessible space; underground parking serving the development on the subject site will be permitted to encroach under the privately-owned publicly accessible space; and the specific location, configuration, and design of the privately-owned publicly accessible space shall be determined in the context of an application for Site Plan Approval pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, North York District. 5. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final order on the Zoning By-law Amendment application until such time as the Tribunal has been advised by the City Solicitor that: a. the 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 City and the Applicant have entered into and registered a Section 37 Agreement securing the benefits outlined in Part 4 above, all to the satisfaction of the City Solicitor; c. 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; d. 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 the General Manager, Toronto Water; and e. the Applicant has provide satisfactory drawings and maneuvering diagrams showing the appropriate design, location, configuration, dimensions and function of the vehicular loading space, ramps, drive aisles, and parking spaces associated with the proposed development all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; all vehicular ramps proposed as part of the development shall have a minimum width of 6 metres. Confidential Attachments 2 and 3 to the report (January 26, 2021) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 26, 2021) 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 subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor will be made at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council authorize public release of Confidential Attachment 2 and Confidential Attachment 3 to this report, if the confidential recommendations contained in Confidential Attachment 1 are adopted by City Council. 4. 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.