Toronto City Council
The full agenda, as filed
All 91 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 26 to 50 of 91Show 2550100all
MM35.8amended
Black Lives Matter Canada has purchased a property at 24 Cecil Street. This building will become the permanent home of the Wildseed Centre - a centre for arts and activism that could cultivate transformative ideas from Canada's diverse Black communities. The multi-purpose space will be used as an office for Black Lives Matter Canada, provide meeting space for artists and community groups, as well as studio, rehearsal and rentable space for community gatherings and events. The grounds will also be used to develop a community garden program and run freedom schools on food justice and land justice. The three-storey building has accessibility considerations and is located right downtown and in the heart of a historic Black neighbourhood, bordering on what is now Chinatown. Black Lives Matter Canada currently operates out of a rented space located at 76 Geary Avenue, and has been using this 1,700 square foot rental space for just over two years. The space serves as an office, an event space, an organizing space, and a space that community members can book for free to support their own organizing needs. Over the last year, they have grown significantly and expanded beyond the benefits that a 1,700-square foot space can provide, and the purchase of 24 Cecil Street will allow them to scale. Providing funding assistance for the Black Lives Matter Wildseed Centre supports many goals of the Toronto Action Plan to Confront Anti-Black Racism, including investing in Black arts and culture institutions, creating a Black community hub and enhancing community safety and wellness. This support and partnership would be ground-breaking and another tangible action to show the City's continuing commitment to address anti-Black racism. This would be the first centre for art and activism of its kind in North America.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council increase, on a one-time basis, the 2021 Council Approved Operating Budget for Non-Program, by $250,000.00 gross, $0 net, for implementation of capital upgrades to Black Lives Matter Canada's facilities located at 24 Cecil Street (Cost Centre: NP2161) fully funded from Section 37 (Planning Act Reserve Funds) community benefits from the following developments: a. 231-237 College Street and 177-189 Huron Street, secured for streetscape improvements; however the funds have not been utilized for the stated purpose within 3 years of the final confirmation date and thus 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 directed in the City's Official Plan and will benefit the community in the vicinity of the Lands, in the amount of $35,334 (Source Account: XR3026- 3700836); b. 231-237 College Street and 177-189 Huron Street, secured for cycling infrastructure; however the funds have not been utilized for the stated purpose within 3 years of the final confirmation date and thus 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 directed in the City's Official Plan and will benefit the community in the vicinity of the Lands, in the amount of $36,262.05 (Source Account: XR3026-3700838); and c. 20 Edward Street, secured for capital improvements which will benefit the community in the vicinity of the project, in the amount of $178,403.95 (Source Account: XR3026-3701042). 2. City Council direct that the $250,000.00 be forwarded to Black Lives Matter Canada, subject to Black Lives Matter Canada signing an Undertaking governing the use of the funds and the financial reporting requirements. 3. City Council request the Controller to determine whether the Wildseed Centre meets the eligibility criteria to access the City's Tax Rebate Program for Ethnocultural Centres as set out in the City of Toronto Municipal Code Chapter 767, Taxation. 4. City Council request the Executive Director, Social Development, Finance and Administration, responsible for the Confronting Anti-Black Racism Unit, the General Manager, Economic Development and Culture and the Director, Environment and Energy, to work to identify other opportunities to support the creation and sustainable operations of the Wildseed Centre, including but not limited to funding from cultural grants, and exploring funding for energy retrofitting financing.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Paula Fletcher, recommends that: 1. City Council increase, on a one-time basis, the 2021 Council Approved Operating Budget for Non-Program, by $250,000.00 gross, $0 net, for implementation of capital upgrades to Black Lives Matter Canada's facilities located at 24 Cecil Street (Cost Centre NP2161). fully funded from Section 37 (Planning Act Reserve Funds) community benefits from the following developments: a. 231-237 College Street and 177-189 Huron Street, secured for streetscape improvements; however the funds have not been utilized for the stated purpose within 3 years of the final confirmation date and thus 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 directed in the City's Official Plan and will benefit the community in the vicinity of the Lands, in the amount of $35,334 (Source Account Number XR3026- 3700836); b. 231-237 College Street and 177-189 Huron Street, secured for cycling infrastructure; however the funds have not been utilized for the stated purpose within 3 years of the final confirmation date and thus 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 directed in the City's Official Plan and will benefit the community in the vicinity of the Lands, in the amount of $36,262.05 (Source Account Number XR3026-3700838); c. 231-237 College Street and 177-189 Huron Street, secured for improvements to the Huron Street Garden; however the funds have not been utilized for the stated purpose within 3 years of the final confirmation date and thus 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 directed in the City's Official Plan and will benefit the community in the vicinity of the Lands, in the amount of $55,271 (Source Account Number XR3026-3700837); and d. 20 Edward Street, secured for capital improvements which will benefit the community in the vicinity of the project, in the amount of $123,132.95 (Source Account Number XR3026-3701042). 2. City Council direct that the $250,000.00 be forwarded to Black Lives Matter Canada, subject to Black Lives Matter Canada signing an Undertaking governing the use of the funds and the financial reporting requirements. 3. City Council request the Controller to determine whether the Wildseed Centre meets the eligibility criteria to access the City's Tax Rebate Program for Ethnocultural Centres as set out in the City of Toronto Municipal Code Chapter 767, Taxation. 4. City Council request the Executive Director, Social Development, Finance and Administration, responsible for the Confronting Anti-Black Racism Unit, the General Manager, Economic Development and Culture and the Director, Environment and Energy, to work to identify other opportunities to support the creation and sustainable operations of the Wildseed Centre, including but not limited to funding from cultural grants, and exploring funding for energy retrofitting financing.
CC35.9amended
8 Elm Street, 348 - 350 Yonge Street, and 352-354 Yonge Street - Request for Directions
The purpose of this report is to seek further instructions related to a development application for an ongoing appeal at the Ontario Land Tribunal (formerly the Local Planning Appeal Tribunal).
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor as amended by motion 1 by Councillor Mike Layton. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor as amended by motion 1 by Councillor Mike Layton. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor, as amended by motion 1 by Councillor Mike Layton, were adopted by City Council and are now public as follows: 1. City Council amend Part 4 of its decision made on June 18, 2019, (Item 2019.TE6.5) with respect to the provision of community arts and culture space, by deleting Part 4.c. in its entirety and replacing it with the following Part 4.c.: 4.c. require the owner, at the option of and complete discretion of the City, to either: i. make a payment in the amount of $5,000,000 for the provision of off-site affordable housing within Ward 11, or towards other Section 37 matters as determined by the Ward Councillor, in consultation with the Chief Planner and Executive Director, City Planning, payable prior to the issuance of the first above grade building permit, and indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index and calculated from the date of the Council decision authorizing the Zoning By-law Amendment; or in the alternative; ii. design, construct to base building standards and convey to the City in fee simple a minimum of 471 square metres of community space on the third floor of the proposed building and make a further cash payment to the City, in accordance with the following: - prior to filing a site plan application, the owner will provide written notice to the City of its intention to apply for site plan approval, after which date the City would have 90 days to elect whether to take the $5,000,000 as a cash contribution described above or take the conveyance of 471 square metres of on-site community space; if the City elects to take the conveyance of the community space, then: - the owner will design and construct the community space to base building standards as approved by the City and agreed to by the owner; - the City and the Owner will enter into an easement and cost sharing agreement to facilitate the integration of the development and the community space, with the City being responsible for its pro rata share of operating costs for shared facilities, and for paying utilities for the community space; and further that the owner will not be required to pay development charges, if any, in respect of such community space to be conveyed to the City; - any changes to the location of the space to be to the satisfaction of the Chief Planner and Executive Director, City Planning; and - in addition to the fee simple conveyance of the community space, the owner will make a cash payment of $1,577,855.30, towards Section 37 matters as determined by the Ward Councillor, in consultation with the Chief Planner and Executive Director, City Planning, payable prior to the issuance of the first above grade building permit, and indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index and calculated from the date of the Council decision authorizing the Zoning By-law Amendment. 2. City Council authorize the City Solicitor and appropriate City Staff to advise the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) that City Council supports the above revision to the Section 37 contribution for the proposed development and to take all steps necessary to give effect to City Council's decision. The balance of Confidential Attachment 1 to the report (July 6, 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 recommendations contained in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor. 2. City Council authorize the public release of the recommendations in Confidential Attachment 1 if adopted by City Council, with the remainder of the Confidential Attachment 1 to remain confidential as it contains advice which is subject to solicitor-client privilege.
MM35.9adopted
Small businesses are significant employers and contributors to the local, regional and national economies. Toronto small businesses have been financially devastated during the punishing COVID-19 lockdowns. As such their current operational and fiscal challenges are not due to any fault of their own. Many have been forced to lay off staff, reduce hours of operations and service offerings. Some businesses have been completely unable to re-open their doors since the Provincial state of emergency was originally declared on March 17, 2020. Thousands of small business operators have drained their retirement accounts and personal savings while trying to keep their businesses afloat. Many more have gone into further debt keeping up with their fixed costs, such as rent, utilities and property taxes. Although the City of Toronto offered a property tax deferral to businesses passed by City Council by way of a special by-law in 2020 as a recognition of pandemic hardship, that program was not extended the following year despite the pandemic still being with us. Recently, it has come to my attention that in 2021 the City is also charging high interest rates for late payment of property taxes, even if the 2020 property taxes are now paid in full. Further to this, a specific business owner in Ward 13, the Oasis Aqualounge operating at 93 Carlton Street, who dutifully paid the 2020 deferred property taxes in full had her tax bill sent to a collections agency in order for the City of Toronto to collect approximately $4500 in interest payments. She has rightfully raised this issue and it is protesting the high-interest payments charged on the approved deferral that the City gave her and other struggling businesses. The City of Toronto should be supporting small businesses during the pandemic with a common sense approach without adding avoidable hardship and stress. This Motion strives to do this in a thoughtful and deliberate manner.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct the City Manager to review and report back to the September 30, 2021 meeting of City Council on the property tax deferral program implemented through a special by-law brought during COVID-19 to retroactively eliminate interest payments on late payments accumulated during the deferral period for approved applicants.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Brad Bradford, recommends that: 1. City Council direct the City Manager to review and report back to the September 30, 2021 meeting of City Council on the property tax deferral program implemented through a special by-law brought during COVID-19 to retroactively eliminate interest payments on late payments accumulated during the deferral period for approved applicants.
CC35.10adopted
At its meeting on December 17, 2019, City Council adopted Official Plan Amendment Number 478 ("Official Plan Amendment 478"), to implement the outcome of the Main Street Planning Study, and to unlock the development potential of the study area, which consists of properties along Danforth Avenue, Main Street, Dawes Road and the intersection of Gerrard Street East and Main Street, all generally within 500 to 800 metres of the Main Street subway station and the Danforth GO station. It was intended that Official Plan Amendment 478 guide the study area's growth and intensification into a transit-oriented complete community that conforms to and is consistent with Provincial Plans and policies. There were eight appeals of Official Plan Amendment 478 to the Local Planning Appeal Tribunal. The Local Planning Appeal Tribunal has conducted the first Case Management Conference on December 16, 2020, at which Metrolinx and Minto (Dawes) GP Inc. were granted party status, and the Royal Canadian Legion was granted participant status, all on consent. The Local Planning Appeal Tribunal is now known as the Ontario Land Tribunal. The next Case Management Conference is scheduled for September 20, 2021. The Tribunal has scheduled a six-week hearing commencing on April 4, 2022. The purpose of this report is to request further instructions with respect to the appeals of Official Plan Amendment 478. City Planning has been involved in the preparation of this report.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 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 (July 2, 2021) from the City Solicitor only at the discretion of the City Solicitor. 3. City Council authorize the public release of Confidential Attachments 2 to 13 to the report (July 2, 2021) from the City Solicitor, only at the discretion of the City Solicitor. 4. City Council direct that the balance of Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client and litigation privilege. Confidential Attachment 1 and Confidential Attachments 2 to 13 to the report (July 2, 2021) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client and litigation privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 to 13 to the report (July 2, 2021) from the City Solicitor will be made public only at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (July 2, 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 and litigation privilege. December 24, 2021 The confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor were adopted by City Council and have been made public with redactions, the City Solicitor having exercised the City Solicitor's discretion to make them public with redactions, as follows: 1. City Council authorize the City Solicitor to request that the Ontario Land Tribunal allow the appellants' appeals in part, and modify and approve Official Plan Amendment 478, substantially in accordance with Confidential Attachment 3 to the report (July 2, 2021) from the City Solicitor [balance redacted]. 2. [redacted]. 3. City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision. Confidential Attachments 2, 3, 10, 11, 12 and 13 to the report (July 2, 2021) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council). Confidential Attachments 7 and 8 to the report (July 2, 2021) from the City Solicitor are now public with redactions, the City Solicitor having exercised the City Solicitor's discretion to make them public with redactions, and can be accessed under Background Information (City Council).
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, and authorize the public release of Confidential Attachments 2 to 13, if adopted by City Council, only at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential, as it contains advice which is subject to solicitor-client and litigation privilege.
MM35.10adopted
Trash floating in Toronto harbour is an ongoing problem. PortsToronto and the Waterfront Business Improvement Area, in collaboration with the University of Toronto Trash Team, wish to install Seabin trash collection devices at locations along the waterfront, particularly in the Inner Harbour area. Seabins are attached to seawalls or floating docks and use a pump to pull water and trash into a collection basket, which must be emptied daily. The proponents propose to analyze the trash to better understand the sources of trash in the harbour. The Waterfront Business Improvement Area is paying for the devices and donating them to PortsToronto. PortsToronto will be responsible for the installation, repairs, removal and storage of the Seabins at the end of each season. Parks, Forestry and Recreation has agreed to the installation of Seabins at sites under its jurisdiction. Parks, Forestry and Recreation will also pay for any power required to operate the devices that tap into Parks, Forestry and Recreation electrical assets, however PortsToronto will be responsible for installing and maintaining any special power hook-ups required for operation. Parks, Forestry and Recreation staff will also empty the Seabin baskets daily at sites under Parks, Forestry and Recreation jurisdiction and collaborate with the University of Toronto Trash Team or a third-party to facilitate their analysis of the trash. The network of Seabin sites will also include other locations not subject to this motion, such as sites maintained by the Toronto Police Service and Harbourfront Centre. Approximately six (6) Seabins are expected to be installed under the authority given by this Motion in Year 1 of the program. The costs to power the devices at Parks, Forestry and Recreation-maintained sites is estimated at approximately $2,700 per year. As it would cost more to install meters to separate out the costs directly related to powering the devices, Parks, Forestry and Recreation has agreed to cover the nominal incremental costs from the existing approved Parks, Forestry and Recreation Operating Budget. PortsToronto and the project partners will provide an annual report on the project's operations and effectiveness, to be made available to the public. The report will also serve as a guide for any necessary adjustments to the program. The Seabins have been acquired and PortsToronto wishes to install them as soon as possible.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to enter into and execute, on behalf of the City of Toronto, the necessary agreements with PortsToronto and any other relevant authority to govern the installation, operation, maintenance and removal of waterside-mounted trash collecting devices along the waterfront at sites where the City has jurisdiction, and to collaborate on a communications program, with the City's nominal financial contribution to be funded from the existing 2021 Council Approved Operating Budget for Parks, Forestry and Recreation to cover the seasonal hydro costs for powering the trash-collecting devices as necessary, for a term of not longer than three years, with the option, exercisable by the General Manager, to renew the agreement for up to two additional terms of up to three years each, on terms and conditions (including any renewal rights) satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Paula Fletcher, recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to enter into and execute, on behalf of the City of Toronto, the necessary agreements with PortsToronto and any other relevant authority to govern the installation, operation, maintenance and removal of waterside-mounted trash collecting devices along the waterfront at sites where the City has jurisdiction, and to collaborate on a communications program, with the City's nominal financial contribution to be funded from the existing 2021 Council Approved Operating Budget for Parks, Forestry and Recreation to cover the seasonal hydro costs for powering the trash-collecting devices as necessary, for a term of not longer than three years, with the option, exercisable by the General Manager, to renew the agreement for up to two additional terms of up to three years each, on terms and conditions (including any renewal rights) satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
CC35.11amended
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 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 Site and Area Specific Policy 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 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 Site and Area Specific Policy to the Local Planning Appeal Tribunal now continued as the Ontario Land Tribunal 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 and was before Council for further consideration in January 2021. On October 21, 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. On May 5, 2021, the applicant appealed their proposed Zoning By-law and draft plan of subdivision to the Ontario Land Tribunal due to Council's failure to make a decision within the statutory timeframe. The purpose of this report is to request further instructions regarding matters appealed to the Ontario Land Tribunal.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 13, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C, D, E and F to the supplementary report (July 13, 2021) from the City Solicitor, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (July 13, 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. 4. City Council direct that Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor remain confidential. Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege and information regarding potential litigation. Confidential Attachment 1 and Confidential Appendices A, B, C, D, E and F to the supplementary report (July 13, 2021) from the City Solicitor, remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contains advice or communications that are subject to solicitor-client privilege and they contain information regarding potential litigation. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C, D, E and F to the supplementary report (July 13, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the supplementary report (July 13, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor. August 27, 2021 The confidential instructions to staff adopted by City Council have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows: 1. City Council accept the "without prejudice" settlement offer attached as Confidential Appendix A (the "Settlement Offer") and the Plans and Drawings substantially in accordance with Confidential Appendix "B to the supplementary report (July 13, 2021) from the City Solicitor as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning (together, the "Revised Proposal") for the lands municipally known as 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue (the "Development Site") and City Council direct the City Solicitor to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to support the Revised Proposal, subject to Parts 2 to 16 below: 2. City Council direct the City Solicitor to advise the owner (and receive confirmation of same) that Item E. 4. (vi) in Confidential Appendix E to the supplementary report (July 13, 2021) from the City Solicitor has been deleted and replaced with the following: vi) The financial security provided to the City in association with the removal of the temporary services shall be returned to the owner on the earlier of: - five (5) years following the assumption of services by the City within the portion of Street C on the Starlight Lands (municipally known as 860 Pharmacy Avenue, 9-40 Craigton Drive and 1 Rannock Street) north of the Development Site, if the City has not relocated the temporary services; - Prior to the City assuming the temporary municipal services in Block 3 (Block A1), if the owner removes the temporary services out of Block 3 (Block A1), the letter of credit provided shall be returned to the owner within 120 days of the owner removing the temporary services to the satisfaction of Chief Engineer and Executive Director, Engineering and Construction Services; or - A timeline which may be established in accordance with Part 16 below. 3. City Council endorse the draft Phasing Plan in Confidential Appendix E to the supplementary report (July 13, 2021) from the City Solicitor, as amended by Part 2 above, and City Council require that the final form of a Phasing Plan on the Development Site be provided to the City in a form and content acceptable to the Chief Planner and Executive Director, City Planning and City Council authorize the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, and the Executive Director, Corporate Real Estate Management to ensure that such matters are secured in appropriate agreement(s), the Zoning By-law Amendment and/or Draft Plan of Subdivision satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor. 4. City Council authorize the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the City Solicitor and the Chief Building Official and Executive Director, Toronto Building, in the context of the Draft Plan of Subdivision and Zoning By-law Amendment Application to make any such final determinations as to any modifications required related to the content, form, timing, phasing and implementation of any such matters related to the Zoning By-law Amendment and Draft Plan of Subdivision, including determinations of where such matters are secured to the satisfaction of the City Solicitor. 5. City Council deem that it is authorizing support of the Settlement Offer as set out in this decision in its capacity as planning approval authority for the proposed development, without prejudice to any of the City's rights as tenant of part of the lands pursuant to a lease with the owner which lease is administered and managed by the Deputy City Manager, Corporate Services, and the owner is required to comply with all of the terms of the lease, including but not limited to providing notice associated with redevelopment plans for review and consideration of relocation of existing municipal capital facilities on the lands, including the Toronto Employment and Social Services leased facilities and that such relocation on the Development Site be required to be approved by the Executive Director, Corporate Real Estate Management in accordance with the terms of the lease; and that such community space identified in Part 10 below does not include the Toronto Employment and Social Services leased facilities or purport to be the new location of such facilities. Parkland Dedication 6. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 6,597 square metres, generally as shown on Confidential Appendix C to the supplementary report (July 13, 2021) from the City Solicitor as Block 3 (Block A1) and Block 4 (Block A2), satisfying a part of the owner's Parkland dedication requirement under Section 42 of the Planning Act with the remainder being a payment in lieu in accordance with Chapter 415, Article III of the Municipal Code, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation; the on-site parkland dedication to be transferred to the City shall be in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments and subject to Part 9 below. 7. City Council require that the parkland dedication in Part 6 shall be conveyed to the City, prior to the issuance of any building permit for any of Block 5, 7 and 8 on the lands to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 8. 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. 9. City Council direct that should Block 3 (Block A1) be determined by the Chief Engineer and Executive Director, Engineering and Construction Services to be required for municipal servicing connecting the north-south segment of Craigton Drive to Street C, then Block 3 (Block A1) shall be conveyed to the City as land for municipal services and not as an on-site parkland dedication pursuant to Section 42 of the Planning Act, with such reduction being reduced from the on-site parkland dedication in Part 6 above and the owner shall provide the City an additional payment in lieu of parkland under Chapter 415, Article III of the Municipal Code and such payment in lieu for Block 3 (Block A1) only shall be made in accordance with the timing in Part 7 above. Community Benefits 10. City Council authorize the City Solicitor to enter into and register on title to the lands, one or more agreements pursuant to Section 37, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor to secure the following matters, on such terms and conditions as may be required satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the General Manager, Parks, Forestry and Recreation, the General Manager, Toronto Water, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Social Development and Finance Administration, and the Executive Director, Corporate Real Estate Management: a. the owner shall design, construct and convey to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City: i. a minimum 30,000 square feet of Community Agency Space of useable gross floor area; or ii. at the discretion of the Chief Planner and Executive Director, City Planning, a minimum amount of Community Agency Space of useable gross floor area valued at a minimum of 13.5 million dollars (indexed upwards in accordance with the Construction Price Index from the date of Agreement) at a value per square foot construction costs satisfactory to the Chief Planner and Executive Director, City Planning and the Executive Director, Corporate Real Estate Management; either of which options are located within Block 6 (Block F) in a location and configuration all satisfactory to the Chief Planner and Executive Director, City Planning, the Executive Director, Corporate Real Estate Management and the Executive Director, Social Development, Finance and Administration and subject to the following: iii. the Community Agency Space shall be delivered to the City in fee simple and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor; iv. prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor; and v. concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to, the appropriate lands a Shared Facilities Agreement at no cost to the City, that is in a form satisfactory to the City Solicitor; the Shared Facilities Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space; and b. the provision of 130 affordable housing units, based on 100 percent Average Market Rent and an affordability period of 15 years with these affordable housing units being provided as follows: i. 50 percent of the affordable housing units on Block 1 (Block G); ii. 50 percent of the affordable housing units on Block 8 (Block D); iii. with an option for the owner to provide some affordable housing units, being no less than six (6) contiguous units within Block 6 (Block F) and such affordable housing units provided within Block 6 (Block F) may be reduced from the required amount of affordable housing units to be provided within Block 8 (Block D); iv. with an option for the owner to provide more than 50 percent of the affordable housing units, within Block 1 (Block G) and such affordable housing units provided within Block 1 (Block G) may be reduced from the required amount of affordable housing units to be provided within Block 8 (Block D); v. the unit types and sizes shall be determined in each site plan application, and shall reflect the unit mix and average size of market units within each building, with the overall unit mix of the affordable housing units on the Development Site as generally identified in Confidential Appendix A to the supplementary report (July 13, 2021) from the City Solicitor, to the satisfaction of the Chief Planner and Executive Director, City Planning; and vi. with the timing as generally identified in Confidential Appendix E to the supplementary report (July 13, 2021) from the City Solicitor, as amended by Part 2 above, with such terms and conditions acceptable to the Chief Planner and Executive Director, City Planning and the City Solicitor. Matters Required to Support the Development 11. City Council also direct that the following matters required to support development be secured in the Section 37 Agreement, Zoning By-law Amendment and/or Conditions of Subdivision Approval for the Subdivision Agreement, where deemed appropriate by the Chief Planner and Executive Director, City Planning and the City Solicitor, as a legal convenience: a. the owner shall prepare, at its expense, a Public Art plan (the "Public Art Plan") for the provision of Public Art, up to a maximum value of $1,000,000.00, upon the Site or adjacent City-owned land and shall submit the Public Art Plan to the City, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Public Art Commission, and to City Council for approval, in accordance with the terms and conditions satisfactory to the Chief Planner and the Executive Director, City Planning and the City Solicitor; the Public Art Plan may include design strategies to incorporate indigenous culture/history throughout the Development Site; b. prior to the issuance of the first above grade building permit for any residential development on each Block where public art is planned, the owner shall provide financial security in the form of a Letter of Credit for public art, identified in the approved Public Art Plan to secure the commission and installation of public art in accordance with the approved Public Art Plan in Part 11.a. above; c. the required transportation improvements and transportation demand management measures identified in the Multi-Modal Transportation Impact Study accepted and satisfactory to the General Manager, Transportation Services and secured to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning in the Zoning By-law Amendment in addition to the following identified matters: i. the owner shall pay to the City, by certified cheque, the sum of Five Hundred Thousand Dollars ($500,000.00) in Canadian funds, indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, calculated from the date of the execution of this Agreement to the date of payment, for the future implementation of a minimum of ten (10) bike-share stations, at locations that may be determined by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; ii. prior to the issuance of any above grade building permit on each Block where bike repair stations are planned for and identified in the Site Plan Application satisfactory to the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, the owner shall provide a letter of credit for $2,000 for each bike repair station per building to a minimum of eight (8) bike repair stations for all blocks on the Development Site, and thereafter provide evidence of installation in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned; iii. prior to the issuance of any above grade building permit on each block, the owner shall provide a letter of credit for $5,000.00 for the provision of each real-time transportation information screen for each building to a minimum of eight (8) transportation information screen where planned and thereafter provide evidence of installation, such as in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned; iv. a financial contribution of a of $125,000.00 for the future Victoria Park Avenue Transit Study; v. the owner shall provide a PRESTO pass to each of the 130 affordable housing units, each pre-loaded with the value of one yearly PRESTO fare to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; and vi. the owner shall provide a minimum of 500 bike share annual memberships to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, of which, there shall be bike share memberships provided to each of the 130 affordable housing units; d. the owner shall provide, at their sole cost and expense, a wind tunnel testing for the development as part of a site plan control application, and thereafter secure and implement mitigation measures identified in any accepted Wind Tunnel Study/Report satisfactory to the Chief Planner and Executive Director, City Planning; e. the following privately owned publicly accessible open spaces, whereby as a pre-approval condition to Site Plan Approval for each respective Block where the privately owned publicly accessible open spaces is located, the owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly accessible open spaces and any required public access easements to connect the privately owned publicly accessible open spaces to adjacent privately owned publicly accessible open spaces and/or public rights-of-way, where necessary; and the owner shall own, operate, maintain and repair the privately owned publicly accessible open spaces and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly accessible open spaces at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately owned publicly accessible open spaces shall be determined in the context of a site plan approval for each building and/or block pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City: i. Block 6 (Block F) - Southwest Corner privately owned publicly accessible open space with a minimum size of 380 square metres; ii. Block 1 (Block G) - South GM Blvd privately owned publicly accessible open space with a minimum size of 560 square metres; iii. Block 7 (Block E) - Central Plaza privately owned publicly accessible open space with a minimum size of 680 square metres/Public Art at Intersection; and iv. Block 8 (Block D) - privately owned publicly accessible open space along Street C with a minimum size of 740 square metres with a minimum width of 10 metres; f. the provision of public pedestrian access easements to provide to the satisfaction of the Chief Planner and Executive Director, City Planning, with the exact location, design and timing of delivery of the pedestrian easement to be determined in the context of a Site Plan Approval; the owner shall own, operate, maintain and repair the public pedestrian easement area and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the public pedestrian easement at certain times of the day and night, and the owner may restrict other uses of this space, so long as they do not unreasonably obstruct pedestrian movement of persons of all ages and abilities with such matters determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; g. prior to the issuance of Site Plan Approval for any part of the Development Site, the owner shall provide a Design Brief, to the satisfaction of the Chief Planner and Executive Director, City Planning; h. the owner will construct and maintain the Development Site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the Development Site; i. the requirements for a construction management plan to be provided at site plan approval, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, any required coordination with Metrolinx regarding the Eglinton Crosstown LRT, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; j. implementation of, and/or mitigation measures listed, in any the reports, studies and plans accepted by the City submitted by the owner and any such implementation measures secured in the appropriate agreements; k. the conditions and matters as identified in memorandums provided to the City on behalf of Metrolinx as it relates to the Eglinton LRT, utility companies Toronto District School Board, Toronto District Catholic School Board, and the Toronto and Region Conservation Authority based on their review of the development applications, all of which are identified satisfactory to the Chief Planner and Executive Director, City Planning and secured in the appropriate agreement(s), the Zoning By-law Amendment and Draft Plan of Subdivision conditions (where appropriate), satisfactory to the City Solicitor; l. as part of the first site plan application and prior to any site plan approval on any part of the site, the owner shall provide a revised landscape plan and soil volume plan for the entire Development Site, including streetscape cross-sections, all satisfactory to the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Director, Urban Forestry, building upon the plans and drawings prepared by mbtw group dated June 16, 2021; m. as part of the first site plan application and prior to any site plan approval on any part of the Development Site, the owner shall provide a Public Utilities Plan for the entire Development Site to ensure, among other matters, that above ground and underground utilities and streetscape elements, such as street trees, sidewalk locations are located at appropriate locations for all new and existing streets and such plan should be submitted as a separate grayed out underlay and underlay on the Landscape Plan required above, for the entire Development Site, all satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Director, Urban Forestry; and n. the final phasing of the Development Site building upon the phasing plan triggers outlined in Confidential Appendix E to the supplementary report (July 13, 2021) from the City Solicitor, as amended by Part 2 above, in a form and content acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Social Development and Finance Administration, the Executive Director, Corporate Real Estate Management and the City Solicitor, and such matters are secured in appropriate agreement(s) satisfactory to the Chief Planner and Executive Director, City Planning. Conditions to Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) Order 12. City Council direct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold issuance of its Order on the Zoning By-law Amendments and Draft Plan of Subdivision Applications until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment is in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning, including the Site-Specific Zoning By-law Amendment to the Former City of Scarborough Zoning By-law and including any required revisions, changes or amendments thereto, and where such amendments pertain to the built form matters that such provisions be satisfactory to the Chief Planner and Executive Director, City Planning and a determination by the Chief Building Official and Executive Director, Toronto Building and the Chief Planner and Executive Director, City Planning on whether the prevailing by-law exception identified by the owner is required and/or is appropriate; b. the draft plan conditions and the draft plan of subdivision application are satisfactory in content and form to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor including any required revisions, changes or amendments thereto; c. the owner has provided a final form of Phasing Plan, in a content and form acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Corporate Real Estate Management and the City Solicitor; d. the owner has, at its sole cost and expense: i. submitted the watermain distribution analysis for the Golden Mile developments which identifies the required watermain upgrades, a revised Functional Servicing Report, together with supporting documentation, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; ii. confirmed that the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either do not require changes to the proposed Zoning By-law Amendment or any such required changes have been made to the proposed Zoning By-law Amendment 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; iii. submitted a revised Multi-Modal Transportation Impact Study including identifying the transportation demand management measures and the multi-modal analysis to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning and that such matters arising from such study, including the required transportation demand management measures, be secured where appropriate and as required; iv. filed a complete revised Draft Plan of Subdivision application to the City, including updated plans, drawings, reports and studies in support of the same, which reflect the revised proposal for circulation and comment by all applicable divisions, agencies and boards, both internal and external, to the City, the circulation of the Draft Plan of Subdivision shall have been completed and the Chief Planner and Executive Director, City Planning, shall be satisfied with the Draft Plan of subdivision, and shall have prepared draft plan approval conditions in acceptable form for approval of the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal), as applicable; v. file a complete set of revised Architectural Plans to reflect the revised Zoning By-law and implement the Settlement Offer by July 26, 2021; and vi. secured the requirement for the design of 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, including securing the provision of financial securities for any such upgrades or improvements, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such upgrades or improvements shall have been secured at the discretion of the Chief Engineer and Executive Director, Engineering and Construction Services in the Section 37 Agreement and/or in a Subdivision Agreement with the City; e. 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 owner's Section 37 contributions identified above and the matters agreed to and/or required in support of the development of Development Site; and f. the owner has agreed to resolve its appeal of Official Plan Amendment 499, including the Golden Mile Secondary Plan and not seek any party or participant status on the appeals, and that Official Plan Amendment 499 is brought into force as it applies to the Site. 13. City Council authorize the inclusion of a portion of Craigton Drive in the proposed Zoning By-law Amendment Application for the Development Site and City Council resolve that such inclusion of a portion of Craigton Drive shall not fetter the discretion of the City in the operation, management and/or control of such lands, including any potential future disposition or non-disposition of such lands. 14. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. 15. City Council confirm that the City Solicitor has any necessary discretion with regard to the consolidation of the Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision appeals before the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal). 16. City Council direct that should the temporary services not be dealt with in accordance with the revision directed in Part 2 above, the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with City Solicitor, bring forward a report within two (2) years of the City's assumption of the temporary municipal services within Block 3 (Block A1), on the status of the temporary services within Block 3 (Block A1) and the associated municipal infrastructure within the surrounding area and such report shall contain a timeframe for reducing or returning the financial security provided to the City. Confidential Appendices A, B, C, D, E and F to the supplementary report (July 13, 2021) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council).
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council direct that all information contained in Confidential Attachment 1 of the report (July 2, 2021) from the City Solicitor remain confidential.
MM35.11adopted
Beginning in 2017, Chris Foster and Daniel Rotsztain, operating as the Lake Effect Projects artists' collective, based out of Artscape Gibraltar Point in Toronto Island Park, have commissioned biannual exhibitions of artworks inserted into 10 existing former advertisement frames along the elevated mezzanine that surrounds the passenger assembly area at the Jack Layton Ferry Terminal. The exhibitions add colour and beauty to the facility, presenting artworks by Toronto-based professional artists who reflect the diversity of communities who use the terminal to access the Toronto Islands. Lake Effect Projects secures funding for artist fees, installation costs and insurance and installs the panels in collaboration with Parks, Forestry and Recreation. The artwork and related didactic panels are pre-approved by the City, and are typically changed twice every year for variety and to reflect the changing seasons. The artwork of 24 artists has been exhibited in the project to date, enjoyed by hundreds of thousands of ferry passengers annually. Due to changes in Parks, Forestry and Recreation's delegated authority and the expiry of the original agreements, Council authority is required to continue the popular program under a new agreement. Parks, Forestry and Recreation has agreed to cover and absorb the costs of printing the panels, from files supplied by Lake Effect, at the City's sign shop for an approximate annual cost of $3,000, within its 2021 Council Approved Operating Budget. This motion is urgent because Lake Effect Projects has a new season of panels ready to be installed for this summer season.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to enter into and execute, on behalf of the City of Toronto, the necessary agreements with Chris Foster and Daniel Rotsztain, operating as the Lake Effect Projects artists' collective, to govern the installation and removal of artistic panels at the Jack Layton Ferry Terminal as part of a beautification project, to be funded by Lake Effect Projects except for a nominal financial contribution from the City to be funded from the existing 2021 Council Approved Operating Budget for Parks, Forestry and Recreation to cover the costs of printing the panels at a City facility, for a term of not longer than three years, with the option, exercisable by the General Manager, Parks, Forestry and Recreation to renew the agreement with Chris Foster and Daniel Rotsztain or their successors if they are no longer involved with Lake Effect Projects, for up to two additional terms of up to three years each, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to enter into and execute, on behalf of the City of Toronto, the necessary agreements with Chris Foster and Daniel Rotsztain, operating as the Lake Effect Projects artists' collective, to govern the installation and removal of artistic panels at the Jack Layton Ferry Terminal as part of a beautification project, to be funded by Lake Effect Projects except for a nominal financial contribution from the City to be funded from the existing 2021 Council Approved Operating Budget for Parks, Forestry and Recreation to cover the costs of printing the panels at a City facility, for a term of not longer than three years, with the option, exercisable by the General Manager, Parks, Forestry and Recreation to renew the agreement with Chris Foster and Daniel Rotsztain or their successors if they are no longer involved with Lake Effect Projects, for up to two additional terms of up to three years each, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
CC35.12adopted
On February 22, 2019, the Governing Council of the University of Toronto, submitted a Zoning By-law Amendment Application (deemed complete March 29, 2019) for the lands municipally known as 78-90 Queen's Park (the "Site"). The Site is located within the University of Toronto Secondary Plan. The application proposes to permit a nine-storey institutional building with an overall height of approximately 43 metres and a gross floor area of approximately 14,770 square metres for the property at 78-90 Queen's Park. Falconer Hall and the Edward Johnson building are proposed to be retained, conserved and integrated into the development while the McLaughlin Planetarium is proposed to be demolished. City Planning recommended approval of the application to Toronto and East York Community Council. However, Toronto and East York Community Council deferred consideration of the item on October 15, 2020. On October 19, 2020, the applicant appealed their zoning application to the Local Planning Appeal Tribunal (the "LPAT") due to Council's failure to make a decision within the statutory timeframe. On February 2, 2021, City Council directed the City Solicitor and relevant staff to attend the LPAT and request and engage in mediation with all parties in an effort to resolve the outstanding matters related to the rezoning application, and to report back to City Council on the outcome of the mediation and to seek direction for the hearing of the appeals. LPAT-assisted mediation took place over 4 days on April 13, 14, 19 and 20, 2021. The purpose of this report is to request further instructions regarding a matter appealed to the LPAT.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (July 2, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 2, 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 (July 2, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the "without prejudice and confidential" settlement offer as described in Confidential Appendices A and B (the "Settlement Offer") to the report (June 25, 2021) from the City Solicitor and subject to Parts 3, 4, 5, 6, 7, 10 and 11 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter in support of the Settlement Offer for the lands municipally known as 78-90 Queen's Park (the "Site"). 3. Should the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) approve the Zoning By-law Amendment application, City Council authorize the City Solicitor to request the Ontario Land Tribunal (formerly 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 and content of the Zoning By-law Amendment are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has entered into a Heritage Easement Agreement(s) with the City for the properties at 80 and 84 Queen's Park, substantially in accordance with plans and drawings as set out in Confidential Appendix B to the report (July 2, 2021) from the City Solicitor; and the Heritage Impact Assessment dated March 18, 2020 and Heritage Addendum, dated May 19, 2021 prepared by ERA Architects Inc., attached as Confidential Appendix C to the report (July 2, 2021) from the City Solicitor, (together being the "Revised Heritage Impact Assessment"), on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning; c. the owner has provided a detailed Conservation Plan(s) prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Revised Heritage Impact Assessment, on file with the Senior Manager, Heritage Planning, for 80 and 84 Queen's Park, all to the satisfaction of the Senior Manager, Heritage Planning; d. the owner, at its sole cost and expense, has submitted revised Functional Servicing, Hydrogeological and Geotechnical Reports, and any other related engineering reports, to the satisfaction and acceptance of the Chief Engineer and Executive Director, Engineering and Construction Services and has agreed that the design and implementation of municipal infrastructure shall be at the University's sole cost and expense for any upgrades or improvements to City infrastructure identified in the approved Functional Servicing, Hydrogeological and/or Geotechnical Reports, with such improvements being secured to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should the Chief Engineer and Executive Director, Engineering and Construction Services determine that improvements to such infrastructure are required to support this development; and e. the owner has submitted a revised pedestrian level wind study to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures implemented through the Site Plan Approval process to the satisfaction of the Chief Planner and Executive Director, City Planning. 4. City Council approve the alterations to the heritage properties at 80 and 84 Queen's Park in accordance with Section 33 of the Ontario Heritage Act, to allow for alterations to the heritage properties on the lands known municipally as 80 and 84 Queen's Park with such alterations substantially in accordance with the Revised Heritage Impact Assessment, on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning, and subject to the related site specific Zoning By-law Amendment giving rise to the proposed alterations coming into full force and effect, and subject to the following additional conditions in Parts 5, 6, 7, 10 and 11 below. 5. City Council direct that prior to final site plan approval for the Lands, or any part of the Lands at 78-90 Queen's Park, the owner shall: a. provide final site plan drawings substantially in accordance with the approved Conservation Plan(s) required in Part 3.c. above, to the satisfaction of the Senior Manager, Heritage Planning; b. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Planning; c. provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; and d. provide a detailed Landscape Plan for the subject property satisfactory to the Senior Manager, Heritage Planning. 6. City Council direct that prior to the issuance of any permit for all, or any part of the Lands at 78-90 Queen's Park, 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. have obtained final approval for the necessary Zoning By-law Amendment required for the Site, such Amendment to have come into full force and effect; b. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan(s) required in Part 3.c. 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; c. 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(s), and approved Interpretation Plan; and d. provide full documentation of the existing heritage properties at 80 and 84 Queen's Park, including two (2) printed sets of archival quality 8" x 10" colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning. 7. City Council direct that prior to the release of the Letter of Credit required in Part 6.c. above, the owner shall: a. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan(s) and Interpretation Plan 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. 8. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into Heritage Easement Agreement(s) for the properties at 80 and 84 Queen's Park. 9. City Council authorize the entering into Heritage Easement Agreement(s) under Section 37 of the Ontario Heritage Act with the owner of 78-90 Queen's Park for the properties at 80 and 84 Queen's Park, in a form and with content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 10. City Council direct the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Planning to work with the applicant to address the following: a. to continue to consider further strategies for refining the new north west corner of Falconer Hall, to ensure the area of the new connection is minimized and the open space is maximized as reasonably possible; b. through the site plan approval process, consider the materiality and architectural details of development to ensure an appropriate interface with Falconer Hall, including, considering the potential for reduction and/or softening of the cantilever element as currently proposed and considering strategies to refine the massing to further reduce its visual prominence relative to Falconer Hall; and c. as one floor of the proposed development is reserved for use by the Royal Ontario Museum, if, prior to final site plan approval or an application for a building permit, under the Building Code Act, the space set aside for the Royal Ontario Museum is no longer required by the Royal Ontario Museum, the owner shall explore with City staff additional opportunities to further mitigate impacts to and further retention of Falconer Hall, including considering whether the 1908 addition or portions thereof can be retained. 11. Should the requested alterations permitted pursuant to Part 4 above be reduced and more of the property at 84 Queen's Park is able to be retained as a result of the work directed pursuant to Part 10 above, City Council direct and authorize the City Solicitor to: a. introduce the necessary Bill in City Council authorizing the entering into the amending Heritage Easement Agreement(s) for the properties at 80 and 84 Queen's Park; b. enter into an amending Heritage Easement Agreement(s) under Section 37 of the Ontario Heritage Act with the owner of 78-90 Queen's Park for the properties at 80 and 84 Queen's Park, in a form and with content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning; and c. require the owner to update any plans, drawings and reports, including the approved Conservation Plan satisfactory to the Senior Manager, Heritage Planner, to implement Part 10 above. 12. City Council authorize and direct City Officials to take the necessary steps to implement City Council's decision. Confidential Appendices A, B and C to the report (July 2, 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 (July 2, 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 (July 2, 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 the report (July 2, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, Confidential Appendix A, Confidential Appendix B and Confidential Appendix C to the report (July 2, 2021) from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report (July 2, 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.
MM35.12adopted
311 Toronto provides a critical service to the residents of Toronto, therefore transparency about the implementation, accountability and reporting of 311 service requests is integral to the function of the City. Understanding what kinds of service requests are being made, and analyzing the data from 311 helps offices understand what kind of service improvements are necessary, and help inform budget and governance decisions. While there is reasonably high satisfaction from initial contact with 311, more can be done to provide better and more responsive customer service. While it is possible to manually track the status of an individual service request, residents are in a position where they must continually follow up. A more integrated system that would give residents automatic updates on the status of their service requests would go a long way in creating better customer service. This update should also include updated staff information. In order to build on the existing 311 Toronto protocols, better integration, transparency and reporting from individual divisions in response to service requests is necessary for resident and customer satisfaction. A monthly report to the Executive Committee from each division would be instrumental in understanding how many service requests each division receives, and the average amount of time it takes to resolve service requests. This would provide valuable information for staffing levels and service satisfaction, and help identify Divisional performance as it relates to service delivery. This Motion requests the General Manager, 311 to work with relevant municipal divisions and report back through the 2022 budget process with a plan on how to better integrate City divisions into an automatic reporting process, and the necessary funding to facilitate this request. It also requests a new, regular monthly report from each major division to the Executive committee, outlining the number of service requests.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the General Manager, 311 Toronto in collaboration with relevant municipal divisions, to report back through the 2022 budget process with a plan on how to better integrate City divisions into an automatic 311 Service request reporting process, and the necessary funding to facilitate this request. 2. City Council direct the General Manager, Municipal Licensing and Standards, the General Manager, Solid Waste Management Services, the General Manager, Toronto Water, the General Manager, Transportation Services and the General Manager, Parks, Forestry and Recreation to submit monthly update reports to the Executive Committee outlining important service request levels and trends. 3. City Council request the General Manager, 311 Toronto to report to the General Government and Licensing Committee in the fourth quarter of 2021 on the action taken on the recommendations.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Paul Ainslie, recommends that: 1. City Council request the General Manager, 311 Toronto in collaboration with relevant municipal divisions, to report back through the 2022 budget process with a plan on how to better integrate City divisions into an automatic 311 Service request reporting process, and the necessary funding to facilitate this request. 2. City Council direct the General Manager, Municipal Licensing and Standards, the General Manager, Solid Waste Management Services, the General Manager, Toronto Water, the General Manager, Transportation Services and the General Manager, Parks, Forestry and Recreation to submit monthly update reports to the Executive Committee outlining important service request levels and trends. 3. City Council request the General Manager, 311 Toronto to report to the General Government and Licensing Committee in the fourth quarter of 2021 on the action taken on the recommendations.
CC35.13adopted
579-585 Lawrence Avenue West - Zoning By-law Amendment Application - Request for Directions
On August 24, 2017, the City received applications to amend the Official Plan and Zoning By-law for 579 - 585 Lawrence Avenue West to permit the construction of 12 freehold townhouses in 2 blocks fronting Lawrence Avenue West. The total gross floor area of the proposal was 2,885 square metres which resulted in a density of 1.62 times the lot area. The proposed height of the buildings was 16.06 metres for Block 1 at the eastern end and 15.78 metres for Block 2 at the western end. Each unit would be provided with one integral parking space at the rear of the unit and two visitor parking spaces would be provided on site to serve the 12 residential units. Vehicular access was proposed from Lawrence Avenue West with a two-way service driveway. The applicant appealed City Council's neglect or failure to make a decision on its applications for the Official Plan and Zoning By-law Amendments (the "Appeal") to the Local Planning Appeal Tribunal (the "LPAT"), now the OLT, on March 27, 2018. On May 2, 2019, City Council directed the City Solicitor, along with appropriate staff, to oppose the applications, in their current form, and oppose the Appeal. City Council also directed that staff continue to work with the applicant and seek revisions to the applications and report back to City Council on the outcome of those discussions.The applicant continued discussions with the City and submitted a "with prejudice" settlement offer to the City on July 5, 2019 for consideration by City Council. City Council adopted the settlement offer at its meeting of July 16, 17 and 18, 2019. The LPAT approved the settlement in principle on December 2, 2019, and withheld its final Order pending the satisfaction of a number of conditions.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (July 2, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 2, 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 (July 2, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the "without prejudice and confidential" settlement offer as described in Confidential Appendices A and B (the "Settlement Offer") to the report (July 2, 2021) from the City Solicitor and subject to Parts 2 to 4 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter in support of the Settlement Offer for the lands municipally known as 579 - 585 Lawrence Avenue West. 3. City Council instruct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal (formerly 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, Storm Water Management Report and Hydro-geological Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; and c. the owner pays for and constructs any improvements to the municipal infrastructure in connection with the Engineering Reports, 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 arising from the accepted Engineering Reports. 4. City Council authorize and direct City Officials to take the necessary steps to implement City Council's decision. Confidential Appendices A and B to the report (July 2, 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 (July 2, 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 (July 2, 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 the report (July 2, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to the report (July 2, 2021) from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report (July 2, 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.
MM35.13adopted
Undoubtedly, Toronto's pigeon (properly known as the Rock Pigeon Columbia Livia) population has access to abundant food sources - primarily due to their co-existence in spaces heavily occupied by humans. Pigeon feeding by residents is a common practice for reasons ranging from a genuine concern for the birds' well-being, to engaging in social activities and preventing food wastage. Those feeding Toronto's pigeons may not be conscious of the adverse implications and unintended consequences resulting from their well-intended behaviour. Large flocks of birds in public and private spaces create harmful nuisance because they interfere with the enjoyment and use of public and private property and can cause significant property damage. Copious amounts of food such as carbohydrates (e.g. rice, pasta, bread, seeds) are not only a messy eyesore, but attract vermin (e.g. rats) who sustain themselves through these discarded food scraps. Rats are well known carriers of disease that can be transmitted to humans. In addition to the issues of social annoyance, excessive pigeon droppings from hundreds of birds concentrated in small areas can create unhealthy and unsanitary conditions. Currently, the City of Toronto Parks bylaw prohibits the feeding or attempt to feed or deposit food for consumption by wildlife in parks. However, there are no specific City by-laws that restrict or prevent individuals from feeding wildlife outside of a City park. As a result, public spaces such as sidewalks, plazas, boulevards, squares, and laneways are overwhelmingly inundated with pigeons who continue to be attracted to these spaces because their food source is abundantly scattered and spread out by residents. Even in the City parks, where such activities are prohibited, the lack of active and ongoing enforcement has rendered scarce green space as unusable. This is especially difficult to accept in densely populated neighbourhoods where such well-maintained and accessible parkland is desperately needed by Toronto families. While Municipal Licensing and Standards can investigate the dumping of food sources in relation to the contravention of Chapter 548, Littering and Dumping, this option is not sufficient to mitigate the larger issue at hand. There is a pressing need to review the current Parks By-law and extend the prohibition of attempting to feed or deposit food for consumption by wildlife - particularly pigeons - in all private and public spaces, not just parks, across the City.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct Executive Director, Municipal Licensing and Standards to report back to the March 2022 meeting of the Economic and Community Development Committee on the following matters: a. the feasibility of expanding the pigeon-feeding prohibition by-laws to all public and private spaces in the City of Toronto; b. the requirements needed to initiate rapid-response investigation and enforcement which would prioritize any 311 complaints related to pigeon feeding; and c. consultation with Toronto Public Health, as appropriate, when developing health and safety strategies to address unsanitary conditions due to excessive amounts of droppings when pigeons are gathered in large numbers.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Paul Ainslie, recommends that: 1. City Council direct Executive Director, Municipal Licensing and Standards to report back to the March 2022 meeting of the Economic and Community Development Committee on the following matters: a. the feasibility of expanding the pigeon-feeding prohibition by-laws to all public and private spaces in the City of Toronto; b. the requirements needed to initiate rapid-response investigation and enforcement which would prioritize any 311 complaints related to pigeon feeding; and c. consultation with Toronto Public Health, as appropriate, when developing health and safety strategies to address unsanitary conditions due to excessive amounts of droppings when pigeons are gathered in large numbers.
CC35.14adopted
On November 1, 2019, the City received an application to amend the Official Plan and Zoning By-law to permit a 15-storey mixed use building, 53.67 meters in height plus a 5 meter mechanical penthouse at 287 Davenport Road and 141-145 Bedford Road. In a report to City Council dated November 16, 2020, City Planning recommended refusal of the application (the "Planning Report"). City Planning concluded in the Planning Report that the proposed height and massing were not appropriate for the subject site and directed that the City Solicitor oppose the applications at the Local Planning Appeal Tribunal, as it then was. The applicant appealed City Council's decision to the then Local Planning Appeal Tribunal, now the Ontario Land Tribunal (the "Tribunal" or the "OLT") on April 21, 2020. The City subsequently received plans and reports to reflect the Revised Proposal on April 9, 2021, the last day according to the Tribunal's Procedural Order on which the applicant could revise its proposal without consent of all parties. The purpose of this report is to request further instructions for the OLT hearing that is scheduled to commence July 26, 2021. City Planning has been involved in the preparation of this report.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 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 (July 5, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 5, 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 (July 5, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor and staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) in opposition of the revised proposed development. The balance of Confidential Attachment 1 to the report (July 5, 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 (July 5, 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 Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM35.14amended
The Anglican Church of Saint Matthias, Bellwoods, has hosted a City-operated women's shelter program at Bellwoods House (63 Bellwoods Avenue) for many years. Recently, the Church was advised that the City plans to end its lease of the space. The potential loss of this important service in our community is concerning. There are currently three residents living at Bellwoods House, and when physical distancing guidelines are not in effect, the capacity is ten residents. It is a flexible-long term shelter for women over the age of 50 who have been homeless for a long time, and staff are on site 24 hours each day. I understand that City staff have identified the need for significant building renovations to support the continued safe use of Bellwoods House, including mould removal, accessibility improvements, and major building system repairs such as furnace and air conditioning. The City of Toronto should explore every opportunity to support these critical renovations and return shelter and housing services to Bellwoods House. Due to high and rising property values in Toronto, especially downtown, it is rare to find a partner like the Church of Saint Matthias that is interested in hosting these important services. We should work to find a way to keep these services in the neighbourhood. In addition, every effort must be taken to support the transition of the current residents of Bellwoods House to comparable and suitable shelter programs in the neighborhood. The pandemic is not over yet, needs across Toronto are heightened, and many other services and supports are still being provided through alternative means or temporarily suspended.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the General Manager, Shelter, Support and Housing Administration, the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management, in consultation with the local Ward Councillor, to explore opportunities with the Church of Saint Matthias to continue to use Bellwoods House, located at 63 Bellwoods Avenue, for homelessness services and / or housing services.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Mike Layton, recommends that: 1. City Council request the General Manager, Shelter, Support and Housing Administration, to pause the process of ending the lease at Bellwoods House, 63 Bellwoods Avenue, and review options to continue the program while necessary repairs are undertaken. 2. City Council request the General Manager, Shelter, Support and Housing Administration, in the event that Bellwoods House cannot be safely occupied while necessary repairs are undertaken, to report back on plans to relocate the service and shelter capacity to an alternative nearby location. 3. City Council request the Executive Director, Housing Secretariat, in consultation with General Manager, Shelter, Support and Housing Administration, in the event that Bellwoods House cannot be safely occupied while necessary repairs are undertaken and the program is relocated nearby, to approach the Church of Saint Matthias to explore opportunities to support making renovations to Bellwoods House in order accommodate a successful and accessible new permanent shelter or housing program in that location, and to report back to the Planning and Housing by the fourth quarter of 2021 with recommendations.
CC35.15adopted
20 York Inc. (the "Applicant") is the owner of the properties municipally known as 149, 151, 171 Front Street West, 7 Station Street, 20 York Street (the "Subject Site"), located on the block generally boarded by Lower Simcoe Street to the west, Front Street to the north, York Street to the east, and the railway corridor to the south. The Subject Site currently contains an 8-storey non-residential building fronting onto Front Street, a commercial building and enclosed pedestrian walkway known as the SkyWalk that ranges from 1 to 4 storeys, and is traversed by an east-west private driveway with surface parking known as Station Street. The Subject Property includes one heritage listed building (20 York Street) and three heritage designated buildings (7 Station Street (the "Canadian National Express Shed Building"), 151 Front Street West, and the SkyWalk building). To the east of the Subject Site is Union Station. The Metro Convention Centre and InterContinental Hotel are located to the west. The SkyWalk building to the south connects to the Metrolinx UP Express Union Station stop. On March 5-8, 2007, the City Council approved an application to amend the Official Plan and Zoning By-law for a 36-storey office tower and technology centre on the Subject Site and adopted amending By-laws 594-2007 and 595-2007 (the "2007 Council Approval"). Building permits to develop in accordance with the 2007 Council Approval were never sought. On February 27, 2014, new Official Plan and Zoning By-law amendment applications were submitted for the Subject Site seeking a different development proposal for a 48-storey office building. On August 25, 2014, City Council approved the new rezoning and official plan amendment applications ("2014 Council Approval"). At that time, City Council also approved a related heritage demolition and alteration permit request to allow for the demolition of the heritage properties known as the Skywalk, 7, 7A, and 7B Station Street, and to also allow for the alteration of 151 Front Street and 20 York Street as part of the 48-storey office development proposal ("2014 Heritage Demolition Approval"). The final by-laws implementing the 48-storey office development associated with the 2014 Council Approval and the 2014 Heritage Demolition Approval were never enacted, as outstanding pre-approval conditions related to comments from Engineering and Constructions Services were never satisfied by the owner. In March 2019, the Applicant submitted a further revised Official Plan and Zoning By-law amendment proposal to the City for a new development design for the Subject Site. The Applicant's resubmission now proposed a 52-storey office building with an east-west width of 91.5 metres and 0 metre setback from the Lower Simcoe Street property line to the west (the "2019 Proposal"). The 2019 Proposal is intended to contain approximately 116,682 square metres of new commercial Gross Floor Area and 32,362 square metres of retained Gross Floor Area. The 2019 Proposal is a continuation of the applications that were approved by City Council, but never enacted by final by-law, in the 2014 Council Approval and 2014 Heritage Demolition Approval. In August 2020, the Applicant appealed the 2019 Proposal to the Local Planning Appeal Tribunal, now continuing as the Ontario Land Tribunal. The appeal is known as Ontario Land Tribunal case number PL200354. Two case management conferences have been held before the Ontario Land Tribunal regarding the appeal on January 19, 2021 and May 11, 2021. A third case management conference is scheduled for September 17, 2021. An 8-day Ontario Land Tribunal hearing is scheduled for November 15 to 24, 2021. On June 30, 2021, the Applicant's counsel, Stikeman Elliott LLP, submitted to the City Solicitor a with prejudice settlement offer (the "Settlement Offer") based on revised architectural plans also dated June 30, 2021 and prepared by architecture firm Bjarke Ingels Group (the "Revised Plans"). The Revised Plans and Settlement Offer are the result of discussions between the City and the Applicant. The Settlement Offer is attached to this report as Public Attachment 1 and the Revised Plans are attached as Public Attachment 2. The Settlement Offer and Revised Plans are described further in the "Comments" section below. The purpose of this report is to request instructions for the upcoming Ontario Land Tribunal hearing. If the Settlement Offer is accepted, the third case management conference on September 17, 2021 will likely be converted into a settlement hearing. City Planning has been involved in the preparation of this report.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 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 (July 5, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 5, 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 (July 5, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the with prejudice Settlement Offer, dated June 30, 2021, in Public Attachment 1 to the report (July 5, 2021) from the City Solicitor and as generally shown on the Revised Plans dated June 30, 2020, in Public Attachment 2 to the report (July 5, 2021) from the City Solicitor, subject to the Parts 2 to 5 set out below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter in support of the revised proposal as set out in the with prejudice Settlement Offer dated June 30, 2021, in Public Attachment 1 to the report (July 5, 2021) from the City Solicitor and as generally shown on the Revised Plans, dated June 30, 2020, in Public Attachment 2 to the report (July 5, 2021) from the City Solicitor. 3. City Council authorize entering into an Agreement pursuant to Section 37 of the Planning Act as follows, satisfactory to the City Solicitor: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. an indexed cash contribution of $4,500,000 to be paid by the Application to the City and to be allocated as follows: 1. $1,500,000 towards public art; 2. $1,000,000 towards new off-site affordable housing; 3. $1,000,000 towards arts and culture in Ward 10; and 4. $1,000,000 for the study of and/or capital investment in the implementation of the Downtown Parks and Public Realm Plan; ii. all cash contribution referred to in Part 3.a.i. above shall be indexed upwardly 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; and iii. in the event the cash contribution referred to in Part 3.a.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 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 Ward 10; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. prior to the issuance of Site Plan Approval, the Applicant shall conduct and submit to the City a wind tunnel study for the proposed development and shall incorporate the recommendations of that study into the final site plan approval drawings, all to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. prior to the issuance of Site Plan Approval, the Applicant shall explore as part of the site plan application approval process retaining part of the Canadian National Express Shed Building, or a bay, in addition to its documentation and interpretation of the building in accordance with the revised Heritage Impact Assessment referred to in Part 4.f. below, to the satisfaction of the Senior Manager, Heritage Planning; iii. prior to the issuance of Site Plan Approval, the Applicant shall design the proposal to, at a minimum, achieve the Energy Efficiency and Greenhouse Gases targets of the Toronto Green Standards Tier 2 and shall also assess the commercial and engineering feasibility of pursing Toronto Green Standards Tier 4 standards in whole or in part for the development, all to the satisfaction of the Chief Planner and Executive Director, City Planning; iv. prior to the issuance of Site Plan Approval, the Applicant shall submit a streetscape plan detailing improvements to Station Street to be implemented by the Applicant in support of the development and which will include, but not be limited to, details regarding landscaping, lighting, paving and curbing details, sidewalk treatment, outdoor seating and vegetation, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manger, Transportation Services; v. prior to the issuance of Site Plan Approval, the Applicant shall explore as part of the site plan application approval process the location of the stairs leading up to the main entrance on Simcoe Street, to the satisfaction of the Chief Planner and Executive Director, City Planning; and vi. prior to the issuance of Site Plan Approval, the Applicant shall prepare a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning. 4. City Council instruct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its final order on the Zoning By-law and Official Plan Amendment applications until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, and includes the following: i. the proposed building shall have an east-west tower width to a maximum of 87 metres and a maximum height of 286 metres, including mechanical penthouse, as shown on the Revised Plans; and ii. the portion of the proposed building that is immediately adjacent to the existing building at 20 York Street has a height that is lower than the cornice line of 20 York Street; b. the proposed Official Plan Amendment is in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; c. the City and the Applicant have entered into and registered a Section 37 Agreement securing the benefits outlined in Part 3, above, all the satisfaction of the City Solicitor; d. all engineering matters have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; e. the Applicant has entered into an agreement or agreements or otherwise secured the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report, Stormwater Management Report and Hydrogeological Assessment, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and f. the Applicant has submitted a revised Heritage Impact Assessment that includes the complete Documentation and Interpretation Plan for the SkyWalk and the Canadian National Express Shed Building and a detailed Conservation Plan for the heritage buildings at 20 York Street and 151 Front Street West, all to the satisfaction of the Senior Manager, Heritage Planning. 5. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision. The balance of Confidential Attachment 1 to the report (July 5, 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 (July 5, 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 confidential 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 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.
MM35.15adopted
Last spring, at the beginning of the pandemic, the Province meddled with the City of Toronto Act to change permitted hours of residential construction to 6:00 a.m. to 10:00 p.m. every day of the week. This represents a significant departure from the City's By-laws, which permit noise from construction between 7:00 a.m. to 7:00 p.m. from Monday to Friday, 9:00 a.m. to 7:00 p.m. on Saturdays, and not at all on Sundays. This was an unconscionable decision during a time when the Ford government was asking people to do their part to stop the spread of COVID by staying home. In 2013, City Council initiated an extensive review and community consultations on the Noise Bylaw. The amended by-law came into effect on October 1, 2019. Under the City's noise by-law, construction equipment can only operate Monday to Friday 7 a.m. to 7 p.m. and Saturdays 9 a.m. to 7 p.m. No construction noise is permitted on Sundays and statutory holidays. These by-law hours were established after extensive consultation with residents, noise experts, developers and the construction industry. They provide a balance to allow residents living near construction sites the reasonable ability to enjoy their homes while allowing construction to occur at a reasonable pace. Residents across the City have complained that their mental health and work have suffered from these extended construction hours. Extending construction hours should have never happened in the first place, but it's certainly well past time that this decision was reversed. While the Regulation is currently scheduled to be revoked on October 7, 2021 residents across the City have had to deal with extended and excessive construction noise for over a year. City Council must support our residents by making it clear to the Province that they must take action by immediately repealing Limitation 2 to Ontario Regulation 130/20 of the City of Toronto Act that allows for "construction activity in the City between the hours of 6 a.m. and 10 p.m." Please consider this recommendation to request that the Provincial Government end this unreasonable policy and return control of construction noise regulation to the City of Toronto.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the Government of Ontario to repeal Limitation 2 to Ontario Regulation 130/20 of the City of Toronto Act, returning the power to regulate construction noise to the City of Toronto.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Josh Matlow, recommends that: 1. City Council request the Government of Ontario to repeal Limitation 2 to Ontario Regulation 130/20 of the City of Toronto Act, returning the power to regulate construction noise to the City of Toronto.
CC35.16amended
Champagne Centre Ltd. (the "Appellants") filed an appeal to Official Plan Amendment No. 231 ("OPA 231") to the Ontario Land Tribunal ("OLT") regarding the lands designated Employment Areas located at 2 Champagne Drive and 1107 Finch Avenue West (the "Lands"). City Council adopted OPA 231 policies for the entire city following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding employment lands. The City Solicitor requires further directions for the OPA 231 OLT hearing process.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in the confidential attachment to motion 1 by Councillor James Pasternak. 2. City Council direct that Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor remain confidential, as it relates to litigation or potential litigation that affects the City or one of its agencies or corporations and contains advice that is subject to solicitor-client privilege. 3. City Council authorize the public release of the confidential instructions to staff in the confidential attachment to motion 1 by Councillor James Pasternak and Confidential Attachment 2 to the report (July 5, 2021) from the City Solicitor. The confidential instructions to staff in the confidential attachment to motion 1 by Councillor James Pasternak were adopted by City Council and are now public as follows: 1. City Council accept the June 22, 2021 without prejudice settlement offer from Champagne Centre Ltd. set out in Confidential Attachment 2 to the report (July 5, 2021) from the City Solicitor and City Council instruct the City Solicitor to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) in support of such settlement. Confidential Attachment 1 to the report (July 5, 2021) from City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations and it contains advice that is subject to solicitor client privilege. Confidential Attachment 2 to the report (July 5, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council).
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential 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 the recommendations contained in the Confidential Attachment 1, with the remainder of Confidential Attachment 1 and Confidential Attachment 2 to remain confidential.
MM35.16adopted
StreetARToronto (StART) is a wonderful set of City programs that have been successful in reducing graffiti vandalism and replacing it with vibrant, colourful, community-engaged street art. Since 2021, StART programs have made our City's streets, safer and more beautiful. StART showcases local artists, mentors emerging talent, and reduces overall infrastructure maintenance costs. StART has, through the Outside the Box program, supported mural installations on City of Toronto traffic signal controller cabinets for the past 8 years. The results have been well received by the community; and re-enforce the success of the overall StART program. City staff have engaged utility companies, and presented overviews of the Outside the Box Program to encourage them to adopt programs to improve the appearance of their infrastructure and offered to help them establish such programs. However, only Bell Canada has a similar mural installation program which actually pre-dates StART. There are still many intersections within the City where unsightly vandalized 3rd party utility boxes are located in close proximity to attractive hand painted or wrapped traffic signal controller cabinets - the visual compare and contrast reality is obvious. There are about 2,300 traffic signal controllers in the City of which less than 1,000 have been painted or wrapped. It is clear that painting or wrapping other utility cabinets would improve their appearance and benefit the community Rogers, Toronto Hydro, Enbridge, and others, like Bell Canada, serve the public and have considerable budgets for advertising, promotion and community engagement. StART does not have the financial or staff resources to assume this responsibility on behalf of other utility companies and deliver results in any reasonably equitable City-wide manner. City staff overseeing these programs advise they are willing to assist other utilities to develop and implement programs similar to Bell Canada's.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the City Manager, in consultation with the General Manager, Transportation Services to write to the Chief Executive Officers of Rogers, Toronto Hydro and Enbridge and any similar utility companies operating in Toronto asking them to work with the City to develop a mural installation program like Bell Canada's. 2. City Council request that a copy of this Motion be provided to the Boards of Directors of corporations identified in Part 1 above.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Brad Bradford, recommends that: 1. City Council request the City Manager, in consultation with the General Manager, Transportation Services to write to the Chief Executive Officers of Rogers, Toronto Hydro and Enbridge and any similar utility companies operating in Toronto asking them to work with the City to develop a mural installation program like Bell Canada's. 2. City Council request that a copy of this Motion be provided to the Boards of Directors of corporations identified in Recommendation 1 above.
CC35.17adopted
2915-2917 Bloor Street West - Zoning Amendment Application - Request for Direction
The Owner of the property at 2915-2917 Bloor Street West (the Site) made an application to amend the Zoning By-law to permit an 8-storey mixed use building. The application was appealed to the Ontario Municipal Board, subsequently the Local Planning Appeal Tribunal ("LPAT") and now continued as the Ontario Land Tribunal ("OLT"), citing Council's failure to make a decision within the prescribed timeframe in the Planning Act. A contested LPAT hearing took place over 12 days between early June and early December, 2018. In a decision issued on May 19, 2019 (the Decision), the LPAT determined that the proposal was not appropriate for the Site. However, rather than dismissing the appeal outright, the Decision invited the applicant to revise the plans in consultation with the City and the South Kingsway Community Association (SKCA) for a building that better responds the applicable zoning by-law and guidelines. In an effort to reach agreement on revised plans as contemplated in the Decision, at the request of the proponent, the parties have engaged in private mediation. As a result, the City Solicitor requires further direction from City Council. City Planning has been involved in the preparation of this report.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2021) from City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (July 5, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 5, 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 (July 5, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer as outlined in the correspondence from Goodmans LLP dated July 2, 2021 (the Settlement Offer), being Confidential Attachment 2 to the report (July 5, 2021) from the City Solicitor, subject to the Parts 2 to 4 set out below. 2. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to support the Settlement Offer at the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal). 3. In the event that the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allows the appeals in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold the issuance of any Order on the Zoning By-law Amendment appeal until such time as: a. the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that the Zoning By-law Amendment has been finalized in a form mutually satisfactory to the City Solicitor, the Chief Planner and Executive Director, City Planning and the Owner, and has been provided to the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal); b. the Owner has entered into an Agreement under Section 37 of the Planning Act with the City for the purpose of securing community benefits as contemplated in the Settlement Offer, as well as other matters of legal convenience as set out herein, and to secure a cash contribution of $550,000, to be directed toward local improvements in the vicinity of the site, including but not limited to: - streetscape improvements in the vicinity of the site, including upgrades to the Bloor West Bike-Lanes through The Kingsway Shopping District; - local park improvements; - contribution to the Local Kingsway Business Improvement Area for capital improvements; and - local traffic-calming measures; all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local councillor, to be detailed through the Section 37 Agreement; c. the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that the Owner has submitted a revised Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the report will determine whether the existing municipal water, sanitary and storm sewer systems can support the proposed development or upgrades are required; d. the Owner has submitted a Hydrogeological Report to the satisfaction of the General Manager, Toronto Water; e. the Owner has entered into a financially secured agreement for the design and construction of any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; f. the Owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681-10; g. the Owner has agreed to provide through the Site Plan Control process a road widening of 0.4 metres along the Bloor Street West frontage of the property and a laneway widening of 1.67 metres across the rear of the site abutting the laneway; and h. the Owner has submitted a Revised Transportation Impact Study and Parking Study, to the satisfaction of the General Manager, Transportation Services to demonstrate whether the existing road network can support the proposed development, whether road improvements of the existing municipal infrastructure are required and the provision of acceptable parking for the development. 4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision. Confidential Attachments 2 and 3 to the report (July 5, 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 (July 5, 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 (July 5, 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 Confidential Attachment 1, Confidential Attachment 2 and Confidential Attachment 3 to this report dated July 5, 2021 from the City Solicitor, if the confidential recommendations are adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.
MM35.17adopted
Since 2015, work has been underway to upgrade Wellington Street East between Yonge Street and Church Street. The vision by local residents and businesses is reflected in the St. Lawrence Market Neighbourhood Business Improvement Area (BIA) Streetscape Master Plan, and represents a decade of community planning, which was supported by City Planning and the BIA Office. The intent was to bring multiple divisions and utilities together to collaborate, coordinate and build a cost-effective new street in a timely manner By repurposing one lane of traffic on Wellington Street East, the future streetscape will boast a wider north sidewalk for pedestrians, patios and street furniture, loading and lay by improvements and new street trees. The work also would allow for intersection improvements to improve traffic and pedestrian safety at the intersection of Church Street, Wellington Street East and Front Street East. To ensure a beautiful new streetscape was not marred by future utility cuts, the work was staged to allow utilities, including Toronto Water, Toronto Hydro and Enbridge Gas to upgrade their underground infrastructure, as well as to provide an opportunity for the TTC to perform streetcar track replacement. Following the necessary approvals by City Council in 2016 , work began in 2017, Residents and the St. Lawrence Neighbourhood Association quickly became concerned that work was not proceeding in a timely manner to allow streetscape work to begin in the summer of 2020 as had been originally desired. In 2019, by way of my Motion adopted at City Council, City staff was directed to create a working group to coordinate the Wellington work as well as other nearby projects to try and finish construction as quickly as feasible. Utility work continued to create delays, and despite best efforts, the earliest delivery that staff and utility companies could feasibly deliver was to start and finish the work in 2021. Streetscape work along this 300 metre portion of Wellington Street East finally got underway in the spring of this year, with an anticipated September end date. The discovery of new unanticipated underground conflicts halted the contractor's work in mid-June, and prompted the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services to jointly decide to delay further work until the Spring of 2022. Businesses and residents on Wellington Street East have been living with construction on what is a relatively short piece of the road for four years, and have now been told to expect work to stretch into a fifth year. The impacts have been profoundly difficult for businesses on and adjacent to Wellington Street East, even before adding the impact of the COVID-19 pandemic. The current best case scenario is for residents and businesses to live with an unfinished streetscape until the Spring of 2022, with construction bleeding into the summer yet again. The elements that contributed to years of construction on Wellington Street East are not unique to the downtown. There are also many stretches of Toronto with similar plans and ambitions, and without a proper autopsy to determine what caused Wellington Street East to drag for five years - and how the City may have prevented it from doing so - this pattern is set to repeat.. The original aspirations of the Wellington Street East streetscape project have been lost, but the original intent of collaboration between City divisions and utilities was admirable and represented how streetscape projects should be built to minimize disruption and save the City and utilities money. It is important that the City understand what happened so the next downtown streetscape project can learn from what happened here. There are many questions that residents, businesses and even the Councillors' offices have had for many years that require a proper autopsy, including: 1. What factors were the legitimate causes for delays on Wellington Street East? 2. Were these factors legitimately unavoidable? 3. Are there lessons that can be learned from the Wellington Street East construction work that can assist in collaboration to reduce construction impacts and construction costs for future streetscape projects? While this work is pending, it is also critical to ensure that the remaining work on Wellington Street East be completed in an efficient and expedited manner. The current estimated timeline is for work to resume in April 2022, with construction ending July 2022. It is critical for businesses on Wellington Street East to have a functional streetscape by the summer. If there are any steps that staff can take with the contractor to resume work earlier and to consider measures such as extended hours, they should be strongly considered to avoid additional construction work slipping into June 2022 as is still feasible.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the Auditor General to consider including an audit of the construction and utility work on Wellington Street East in the Auditor General's 2022 Work Plan on the following matters regarding work on Wellington Street East between Yonge Street and Church Street: a. factors which led to delays on Wellington Street East that have created over five years of utility and construction activity; b. improvements to the process and work that could have mitigated delays; and c. recommendations to improve utility and construction management and collaboration to ensure the timely and cost-effective delivery of future streetscape work in the City of Toronto. 2. City Council direct the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services to report back to the September 14, 2021 Infrastructure and Environment Committee on the following matters regarding work on Wellington Street East between Yonge Street and Church Street: a. outstanding work to complete on Wellington Street East, including a timeline for resolution for individual pieces of work; and b. potential options to accelerate outstanding work ahead of June 2022.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that: 1.City Council request the Auditor General to consider including an audit of the construction and utility work on Wellington Street East in her 2022 Work Plan on the following matters regarding work on Wellington Street East between Yonge Street and Church Street: a. factors which led to delays on Wellington Street East that have created over five years of utility and construction activity; b. improvements to the process and work that could have mitigated delays; and c. recommendations to improve utility and construction management and collaboration to ensure the timely and cost-effective delivery of future streetscape work in the City of Toronto. 2. City Council direct the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services to report back to the September 14, 2021 Infrastructure and Environment Committee on the following matters regarding work on Wellington Street East between Yonge Street and Church Street: a. outstanding work to complete on Wellington Street East, including a timeline for resolution for individual pieces of work; and b. potential options to accelerate outstanding work ahead of June 2022.
CC35.18adopted
During the fourth quarter of 2017, the applicant (originally Roselawn and Main Urban Properties, now FCAM LP) appealed its Official Plan Amendment and Zoning By-law Amendment applications to what was then the Local Planning Appeal Tribunal, now the Ontario Land Tribunal. Three appeals were filed in total: one was made on November 27, 2017 citing Council's failure to make a decision on the zoning by-law amendment application within the timeframe prescribed by the Planning Act; one was made on December 7, 2019 citing City Council's refusal to approve the Official Plan Amendment application; and one was made on December 29, 2017 citing City Council's refusal to approve the same zoning by-law amendment application.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C, D and E to the report (July 6, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendix F to the report (July 6, 2021) from the City Solicitor remain confidential as they contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer dated May 31, 2021 comprised of the letter attached as Confidential Appendix A and the plans and drawings attached as Confidential Appendix B to the report (July 6, 2021) from the City Solicitor subject to Parts 3 to 10 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) on this matter in support of the revised proposed development set out in the Settlement Offer, with any necessary revisions to address the matters identified in Parts 3 to 10 below. 3. City Council accept an on-site parkland dedication of 827 square metres with frontage on Roselawn Avenue in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act as described in the Settlement Offer; the on-site parkland to be conveyed to the City shall be free and clear, above and below grade, of all easements, encumbrances and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor in accordance with all applicable City policies dealing with the acquisition of lands for park purposes as a condition of development approval. 4. City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by the owner of above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges. 5. City Council approve the alterations to the designated heritage properties located within the development site and municipally known as 2430 Yonge Street and 2434 Yonge Street, in accordance with Section 33 of the Ontario Heritage Act, for the construction of the revised development proposal set out in the Settlement Offer with alterations to the designated buildings at 2430 Yonge Street and 2434 Yonge Street in conjunction with an appeal to the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) comprised of the plans and drawings prepared by Hariri Pontarini Architects, submitted with the Heritage Impact Assessment Addendum prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 31, 2021, all on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan to be submitted by the owner to the satisfaction of the Senior Manager, Heritage Planning. 6. City Council require the owner, prior to the issuance of any permit for all or any part of the development site with the municipal addresses of 2430 Yonge Street and 2434 Yonge Street, 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, to: i. obtain the Ontario Land Tribunal's (formerly Local Planning Appeal Tribunal) final order for the necessary Official Plan and Zoning By-law amendments required for the alterations to the property at 2430 Yonge Street and 2434 Yonge Street, such amendments having a form and content acceptable to City Council as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning; ii. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 5 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; iii. 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, Landscape Plan and Interpretation Plan; and iv. provide full documentation of the existing heritage property 2430 Yonge Street and 2434 Yonge Street, including two (2) printed sets of archival quality 8" x 10" colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning. 7. City Council authorize the entering into of an Agreement pursuant to Section 37 of the Planning Act as follows, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. prior to the issuance of the first-above grade building permit for the proposed development, the owner shall convey to the City the fee simple interest in a parkland over-dedication of no less than 405 square metres with frontage on Roselawn Avenue as described in the Settlement Offer; the parkland over-dedication to be conveyed to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor in accordance with all applicable City policies dealing with the acquisition of lands for park purposes as a condition of development approval; ii. prior to the issuance of the first above-grade building permit for the proposed development, the owner shall pay a cash contribution of $1,800,000.00 to be allocated by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, as follows: a. $1,500,000.00 to be allocated towards park acquisition and/or park improvements in the Yonge-Eglinton Area including, but not limited to, Eglinton Park and the new park being created at Duplex Avenue and Montgomery Avenue/Helendale Avenue; and b. $300,000.00 to be allocated to current and future streetscape improvements and landscaping upgrades along the Yonge Street and Montgomery Avenue frontages, including landscaping, seating and lighting improvements to the interface between the Anne Johnston Health Centre, new mid-block connections and the removal of existing boulevard parking; and iii. the $1,800,000.00 cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) final order amending the Official Plan and Zoning By-law to the date of payment; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development if approved by the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal): i. prior to Final Site Plan approval, the owner shall design, financially secure and agree to maintain a 3 metre wide public access easement (the "mid-block connection") running east-west along the southerly boundary of the subject property and running north-south along the westerly boundary, directly adjacent to the proposed public parkland dedication; the owner shall be required to prepare all documents and convey to the City, at its own expense and for nominal consideration, a public access easement for use by the general public, including rights of support as applicable, all to the satisfaction of Director, Real Estate Services, the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the local Ward Councillor, in accordance with the terms of the Settlement Offer; and the obligations secured will include conveyance free and clear of all physical and title encumbrances unless otherwise agreed to by the Chief Planner and Executive Director, City Planning and provision of indemnification and insurance; and ii. above base improvements for the parkland dedication referred to in Part 3 above and the parkland over-dedication referred to in Part 7.a.i. above, to the satisfaction of the General Manager, Parks, Forestry and Recreation on terms in accordance with the Settlement Offer; iii. prior to Final Site Plan approval in connection with the development, the owner shall: 1. provide final site plan drawings including drawings related to the approved Conservation Plan required in Part 5 above; 2. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; 3. provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; 4. submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning; and 5. submit a Landscape Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning; iv. prior to the release of the Letter of Credit required in Part 6.iii. above the owner shall: 1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan, Landscape Plan and Interpretation Plan, and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and 2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning; and v. the matters in Part 6 above also be secured by the Section 37 Agreement to the satisfaction of the City Solicitor, in consultation with the Senior Manager, Heritage Planning. 8. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 2430 Yonge Street and 2434 Yonge Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 9. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the property at 2430 Yonge Street and 2434 Yonge Street. 10. City Council instruct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its Order on the Official Plan and Zoning By-law Amendment applications until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that: a. the final form and content of the proposed Official Plan and Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the City has received an executed a Section 37 Agreement securing the benefits outlined in Part 7 above and the Section 37 Agreement has been registered on title to the site, satisfactory to the City Solicitor; c. the owner has resubmitted to the City for review updated supporting information and reports, including but not limited to a revised Traffic Impact Study, Parking and Loading Study, Functional Servicing Report, Stormwater Management Report, Hydrogeological Study and Waste Management Study, and a full submission of revised plans, all of which are to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning; d. the owner has provided a detailed Conservation Plan required in Part 5 above and prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment Addendum for 2430 Yonge Street and 2434 Yonge Street, prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 31, 2021, all to the satisfaction of the Senior Manager, Heritage Planning; e. the owner has entered into a Heritage Easement Agreement with the City for the properties at 2430 Yonge Street and 2434 Yonge Street substantially in accordance with plans and drawings prepared by Hariri Pontarini Architects, dated March 26, 2021, submitted with the Heritage Impact Assessment Addendum prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 31, 2021, subject to and in accordance with the approved Conservation Plan required in Part 5 above, all to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; and f. the owner has withdrawn any outstanding applications or appeals with respect to any demolition application for the site. Confidential Appendices A, B, C, D and E to the report (July 6, 2021) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 and Confidential Appendix F to the report (July 6, 2021) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor; 2. City Council authorize the public release of the recommendations in Confidential Attachment 1 and the information in Confidential Appendices A, B, C, D, and E in the event City Council adopts the recommendations in Confidential Attachment 1; and 3. City Council direct the balance of Confidential Attachment 1 and Confidential Appendix F remain confidential as these documents contain advice which is subject to solicitor-client privilege.
MM35.18adopted
At the conclusion of the City Council meeting scheduled for July 14 and 15, 2021, City Council will be recessing until its meeting of September 30 and October 1, 2021. During that period it is likely that there will be decisions arising from applications to the Committee of Adjustment which will be matters of concern to the City and would warrant the City's attendance at the Toronto Local Appeal Body (or the Ontario Land Tribunal where there is a related appeal) either on an appeal by the City itself or on the applicant's appeal to the tribunal. The purpose of this Motion is to delegate temporary authority during this period to the Ward Councillor to instruct the City Solicitor, and appropriate City staff, to attend at the Toronto Local Appeal Body (or the Ontario Land Tribunal where there is a related appeal) on the application, provided the Ward Councillor has first consulted with the Chief Planner and Executive Director, City Planning, or his designate. This would include the authority to direct the City Solicitor to file an appeal of a decision and retain outside experts as necessary. It also authorizes the City Solicitor to resolve matters in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct the City Solicitor to attend at hearings on appeals of Committee of Adjustment decisions or to appeal a Committee of Adjustment decision on behalf of the City of Toronto at the request of the Ward Councillor after consultation with the Chief Planner and Executive Director, City Planning, or designate, during the period from the completion of City Council's July 14, 15 and 16, 2021 meeting to the start of City Council's September 30 and October 1, 2021 meeting; the delegation shall include the authority to direct appropriate City staff to attend at the hearing and for the City Solicitor to retain outside consultants as necessary; and shall authorize the City Solicitor to take all steps necessary to bring resolution to the matter in consultation with the Ward Councillor and Chief Planner and Executive Director, City Planning.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Brad Bradford, recommends that: 1. City Council direct the City Solicitor to attend at hearings on appeals of Committee of Adjustment decisions or to appeal a Committee of Adjustment decision on behalf of the City of Toronto at the request of the Ward Councillor after consultation with the Chief Planner and Executive Director, City Planning, or designate, during the period from the completion of City Council's July 14 and 15, 2021 meeting to the start of City Council's September 30 and October 1, 2021 meeting; the delegation shall include the authority to direct appropriate City staff to attend at the hearing and for the City Solicitor to retain outside consultants as necessary; and shall authorize the City Solicitor to take all steps necessary to bring resolution to the matter in consultation with the Ward Councillor and Chief Planner and Executive Director, City Planning.
CC35.19adopted
This report provides information regarding a potential settlement of a law suit concerning the cash-in-lieu parkland payment for a three building development at a development site located at 2143-2147 Lake Shore Boulevard West. The law suit concerns a parkland dedication credit granted to a predecessor in title to the current owner of the development site in January 2004 by Order of the Ontario Municipal Board.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 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 (July 6, 2021) from the City Solicitor at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor remain confidential, at the discretion of the City Solicitor, as it pertains to litigation involving the City and it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation involving the City and it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (July 6, 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 confidential recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, once adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that the remainder of Confidential Attachment 1 is to remain confidential in its entirety, at the discretion of the City Solicitor, as it relates to litigation involving the City and contains advice which is subject to solicitor-client privilege.
MM35.19amended
Extreme heat is a current health risk. As our climate continues to change, extreme heat events/heat waves are expected to increase in frequency, length and severity, resulting in increased health risks for many Canadians. According to Health Canada, the annual number of extremely hot days in Toronto and other major cities across Canada is expected to more than double over the next 30 years. Seniors, people living with disabilities or chronic health conditions, infants and young children, and socially disadvantaged individuals are more vulnerable to health effects related to extreme heat. These effects can include serious illness and even death. Summer has just started and there have already been record-breaking temperatures across Canada. A devastating heatwave has been linked to almost 500 sudden and unexpected deaths in British Columbia so far this year. Here in Toronto, we have already had about 37 days with temperatures above 25 degrees celsius and 9 days above 30 degrees celsius without the humidex. As a Council, we have adopted numerous motions at Committee and Council requesting feasibility reports from staff that have not been followed through. While staff have reported back on the environmental impacts and mitigation measures such as the opening of cooling centres, emissions performance standards, and retrofits, we have not yet heard back on the findings of the interdivisional working group to identify strategies to address excessive indoor temperatures in apartment buildings. Heat was identified as a basic necessity and minimum temperatures regulated. It's long overdue that air conditioning be identified as a basic necessity and maximum temperatures regulated.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct the Executive Director, Municipal Licensing and Standards, the Executive Director, Social Development, Finance and Administration, the Executive Director, Housing Secretariat, the Director, Environment and Energy, the Chief Resilience Officer, and request the Medical Officer of Health, in consultation with other appropriate Divisions, to report back to the Planning and Housing Committee in the fourth quarter of 2021 on the feasibility of the following outstanding from Item LS25.1: a. require that all existing apartment buildings provide air conditioned units or an air conditioned cool room in the building; b. require that all new apartment buildings have air conditioning and add measures that enable passive cooling; and c. require that all apartment buildings undergo retrofits, such as new windows, heavy-duty screens, cladding and other passive and active cooling systems, and updated heating systems to mitigate the negative health impacts of heat on tenants. 2. City Council direct the General Manager, Shelter, Support and Housing Administration, in consultation with the Medical Officer of Health, to identify and implement increased access to cool spaces that meet the needs of vulnerable individuals for the summer of 2021, considering COVID-19 restrictions and closure of regular cooling centers and drop-ins.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Josh Matlow, recommends that: 1. City Council direct the Executive Director, Municipal Licensing and Standards, the Executive Director, Social Development, Finance and Administration, the Director, Environment and Energy, the Chief Resilience Officer, and request the Medical Officer of Health, in consultation with other appropriate Divisions, to report back to the Planning and Housing Committee in the fourth quarter of 2021 on the feasibility of the following outstanding from Item LS25.1: a. require that all existing apartment buildings provide air conditioned units or an air conditioned cool room in the building; b. require that all new apartment buildings have air conditioning and add measures that enable passive cooling; and c. require that all apartment buildings undergo retrofits, such as new windows, heavy-duty screens, cladding and other passive and active cooling systems, and updated heating systems to mitigate the negative health impacts of heat on tenants. 2. City Council direct the General Manager, Shelter, Support and Housing Administration, in consultation with the Medical Officer of Health, to identify and implement increased access to cool spaces that meet the needs of vulnerable individuals for the summer of 2021, considering COVID-19 restrictions and closure of regular cooling centers and drop-ins.
CC35.20adopted
After an appeal to the former Local Planning Appeal Tribunal, on April 16, 2018, the applicant submitted a revised proposal, for a 12-storey (42.3-metre, plus 3.26-metre mechanical penthouse) mixed-use building at 183-189 Avenue Road and 109-111 Pears Avenue. The proposal included 447 square metres of retail and 6,951 square metres of residential floor area resulting in a total density of 6.3 times the area of the lot, and a proposed 80 square metre parkland dedication. At its meeting on July 23, 2018, City Council adopted the Recommendations in the (June 25, 2018) report from the Acting Director, Community Planning, Toronto and East York District, directing the City Solicitor, together with appropriate City staff, to attend at the Local Planning Appeal Tribunal to oppose the applicant's appeal. The applicant subsequently amended their application reducing the height of the proposed building to 10-stories (plus a wrapped mechanical penthouse). After a 6-day hearing at the Local Planning Appeal Tribunal, the Local Planning Appeal Tribunal did not approve the appeal in its current form based on the sole issue of the transition and scale of the east side of the proposed building as it relates to the low density neighbourhood to the east. The LPAT did not dismiss the appeal, and provided the applicant the opportunity to amend its development proposal and return to the Local Planning Appeal Tribunal at a future date. The applicant has further amended its development proposal and a continuing hearing at the Ontario Lands Tribunal has been scheduled for July 26, 2021. The City Solicitor seeks direction on the revised proposal no later than the completion of the City Council meeting on July 14, 2021.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 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 (July 6, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 6, 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 (July 6, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council support the revised proposal and direct the City Solicitor and staff to attend the Ontario Lands Tribunal (formerly Local Planning Appeal Tribunal) in support of the revised proposal. 2. City Council require: a. an on-site parkland dedication pursuant to Section 42 of the Planning Act be conveyed to the City, in the location and configuration described and set out in the report (June 25, 2018) from the Acting Director, Community Planning, Toronto and East York District, to the satisfaction the General Manager, Parks, Forestry and Recreation; b. the owner to pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, as accepted 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; and c. the owner to enter into an Agreement with the City, pursuant to Section 37 of the Planning Act, to secure services, facilities or matters as may be required to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor. 3. If the appeal is approved by the Ontario Lands Tribunal (formerly Local Planning Appeal Tribunal), City Council authorize the City Solicitor to request the Ontario Lands Tribunal (formerly Local Planning Appeal Tribunal) to withhold its Order approving the application until such time as: a. the Ontario Lands Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the City; b. the owner has entered into one or more Agreements with the City, pursuant to Section 37 of the Planning Act, to secure, at the owner's expense, facilities, services and matters to be additionally set forth in the related site specific Zoning By-law Amendments, and any agreement is registered on the lands at 183-189 Avenue Road and 109-111 Pears Avenue all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; c. the owner provides any necessary modifications to the Functional Servicing Report, Stormwater Management Report and Hydrogeological Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner submits a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning and that any mitigation measures be secured in the Section 37 Agreement; and e. the owner obtains any necessary approvals under Section 42 of the Ontario Heritage Act to alter the building located at 183 Avenue Road. 4. If the property at 183 Avenue Road is designated under Part IV of the Ontario Heritage Act following consultation with the Toronto Preservation Board and approval by City Council, if the appeal is approved by the Ontario Lands Tribunal (formerly Local Planning Appeal Tribunal), City Council authorize the City Solicitor to request the Ontario Lands Tribunal (formerly Local Planning Appeal Tribunal) to withhold its Order approving the application until such time as the owner has: a. entered into a Heritage Easement Agreement with the City for the property at 183 Avenue Road substantially in accordance with plans and drawings prepared by Brisbin Brook Beynon Architects dated April 10, 2019 and the Heritage Impact Assessment prepared by ERA Architects Inc. dated March 8, 2018 subject to and in accordance with the approved Conservation Plan required in Part 4.b. below, all to the satisfaction of the Senior Manager, Heritage Preservation Services including execution of such agreement to the satisfaction of the City Solicitor, following consultation with the Toronto Preservation Board and authorized by City Council; and b. 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 183 Avenue Road prepared by ERA Architects Inc. dated March 8, 2018 and the architectural plans and drawings prepared by Brisbin Brook Beynon Architects dated April 10, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services. 5. Prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the properties at 183-189 Avenue Road, City Council require that the owner shall: a. provide final site plan drawings including drawings related to the approved Conservation Plan required in Part 4.b. above to the satisfaction of the Senior Manager, Heritage Preservation Services; b. provide an Interpretation Plan for the 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 Preservation Services; and c. provide a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Preservation Services. 6. Prior to the issuance of any permit for all or any part of the properties at 183-189 Avenue Road, including a heritage permit, a building permit or a demolition 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 Preservation Services, City Council require that the owner shall: a. obtain final approval for the necessary by-law amendments required for the alterations to the properties at 183-189 Avenue Road, such amendments to have been enacted by City Council in connection with an Ontario Lands Tribunal (formerly Local Planning Appeal Tribunal) Order and to have come into effect in a form and with content acceptable to City Council as determined by the Director, Urban Design, City Planning, in consultation with the Senior Manager, Heritage Preservation Services; b. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 4.b. 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 Preservation Services; and c. 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 Preservation Services to secure all work included in the approved Conservation Plan, Heritage Lighting Plan, Landscape Plan and Interpretation Plan. 7. Prior to the release of the Letter of Credit required in Part 6.c. above, City Council require that the owner shall: a. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work, required heritage lighting work and the required interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and b. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services. 8. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (July 6, 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 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.
MM35.20adopted
City Council adopted MM31.53, entitled "88 Queen Street East - Development Charges Deferral" at its meeting held on April 7, 2021. In doing so, Council authorized staff to defer payment of development charges for 88 Queen Street East for three months after the issuance of above grade building permit, and requested staff to report to Executive Committee on the feasibility and implications of amending existing payment agreements. Given the City's development charges by-law update is currently underway, the City's policy will be considered as part of the comprehensive review of the City's by-law that will be completed in early 2022, rather than through a new interim policy. The developer continues to request that the development charges with respect to the rental units, in the amount of $23,932,223.12, be deferred to occupancy and paid in instalments over five years with interest and financial security consistent with Council's policy for rental development projects, and in order support with the structure of their current project financing. This Motion authorizes staff to amend the existing payment agreement to allow for a five year deferral consistent with the City's development charges instalment policy as adopted through Item EX20.4. REQUIRES RE-OPENING Member Motion Item MM31.53, entitled "88 Queen Street East - Development Charges Deferral" as adopted by City Council on April 7, 2021, only as it relates to part 1 of City Council's decision.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council amend its previous decision on Item 2021.MM31.53 by deleting Part 1 and replacing with the following: 1. City Council authorize the Chief Building Official and Executive Director, Toronto Building, in consultation with the Chief Financial Officer and Treasurer, to amend the development charges deferral agreement for the development proposal located at 88 Queen Street East and proceeding under Building Permit 19-262244, to defer the development charges in accordance with the General Terms and Conditions of the Development Charges Instalment Payments with Financial Security as outlined in Attachment 1 to MM35.20, including any amendments to previously executed agreements, as necessary, relating to the payment of development charges.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that: 1. City Council amend its previous decision on Item 2021.MM31.53 by deleting Part 1 and replacing with the following: 1. City Council authorize the Chief Building Official and Executive Director, Toronto Building, in consultation with the Chief Financial Officer and Treasurer, to amend the development charges deferral agreement for the development proposal located at 88 Queen Street East and proceeding under Building Permit 19-262244, to defer the development charges in accordance with the General Terms and Conditions of the Development Charges Instalment Payments with Financial Security as outlined in Attachment 1 to MM35.20, including any amendments to previously executed agreements, as necessary, relating to the payment of development charges.