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 51 to 75 of 91Show 2550100all
CC35.21amended
The purpose of this report is to request further instructions for the potential Ontario Land Tribunal hearing that is currently scheduled to commence on October 18, 2021, for three weeks. The applicant has appealed the proposed official plan amendment and rezoning of 900 Dufferin Street to the Ontario Land Tribunal due to Council's failure to make a decision on the application within the time prescribed by the Planning Act (the "Appeal"). On July 28, 2020, City Council directed the City Solicitor, along with appropriate staff, to oppose the Appeal. The appealed application was revised in March of 2021 and it proposes to amend the City's Official Plan, the former City of Toronto Zoning By-law 438-86 and City-wide Zoning by-law 569-2013 to permit new development on what is being identified as two new development blocks ("East Block" and "West Block"), (the "Revised Proposal"). The proposed East Block in the Revised Proposal includes one 23-storey tower on an 9-storey podium with retail at-grade. The West Block consists of two towers (35 and 39 storeys) on a base building which ranges from 2 to 5 storeys in height. An expansion of the Dufferin Mall is planned for the West Block, where the internal corridor of the mall will extend northward within two new floors of retail. The West Block will also include a new entrance to the mall. A total of 1,180 residential units are proposed for the "West Block" and "East Block", all of which are proposed as rental in tenure. The total new gross floor area proposed in the revised application is 102,612 square metres. A private street continues to be proposed in between the West Block and the East Block. A public park pursuant to Section 42 of the Planning Act with a minimum size of 2,079 square metres is identified. A total of 770 parking spaces (342 residential and 429 commercial) will be provided within three levels of underground parking, which extends beneath the entire site, with the exception of the proposed public park.
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 7, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (July 7, 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 7, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. 4. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 15, 2021) from the City Solicitor as amended by motion 1 by Councillor Ana Bailão. 5. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Councillor Ana Bailão, and Confidential Appendices A, B,C, D and E to the supplementary report (July 15, 2021) from the City Solicitor at the discretion of the City Solicitor. 6. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (July 15, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the report (July 7, 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 and information that is subject to solicitor-client privilege. The confidential instructions to staff Confidential Attachment 1 and Confidential Appendix A to the report (July 7, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor. The confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Councillor Ana Bailão, and Confidential Appendices A, B,C, D and E to the supplementary report (July 15, 2021) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Councillor Ana Bailão, and Confidential Appendices A, B,C, D and E to the supplementary report (July 15, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor. August 9, 2021 The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 15 2021) from the City Solicitor were adopted by City Council, as amended by motion 1 by Councillor Ana Bailão, and the amended instructions are now public as follows, the City Solicitor having exercised the City Solicitor's discretion to make them public: 1. City Council accept the "without prejudice" settlement offer in Confidential Appendix A to the supplementary report (July 15, 2021) from the City Solicitor and the plans and drawings in Confidential Appendices B and D to the supplementary report (July 15, 2021) from the City Solicitor for the lands municipally known as 900 Dufferin Street (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 17 below and subject to the following modifications: a. as it relates to Confidential Appendix A: i. under Parkland Dedication and Privately-Owned Publicly Accessible Space (POPS) is modified in accordance with Part 4 below; i. under Section 37 Contribution is modified in accordance with Part 6.a.iii. below; b. as it relates to Confidential Appendix B, the "parking ratios" are deleted and subject to Part 15.a. below, with such parking rates satisfactory to the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; and c. as it relates to Confidential Appendix B, the permitted building height is increased by no greater than 4 additional storeys (3 metre maximum per floor) on Building A or a maximum of 3,685 square metres of gross floor area (based on 89 percent floor efficiency) on the development with such redeployment of additional gross floor area to the satisfaction of the Chief Planner and Executive Director, City Planning. 2. City Council not accept Confidential Appendix C to the supplementary report (July 15, 2021) from the City Solicitor and City Council direct the City Solicitor to advise the owner that, in addition to modifications to Confidential Appendices A, B and D, that Confidential Appendix C is replaced with Confidential Appendix E to the supplementary report (July 15, 2021) from the City Solicitor, as amended by motion 1 by Councillor Ana Bailão, which shall remain subject to Part 15.a. below. 3. 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 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, including determinations of where such matters are secured to the satisfaction of the City Solicitor in order to implement the directions in the supplementary report (July 15, 2021) from the City Solicitor. 4. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 2,079 square metres, generally as shown in Confidential Appendix B to the supplementary report (July 15, 2021) from the City Solicitor, 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 Article III in City of Toronto Municipal Code Chapter 415, Development of Land, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation; and the on-site parkland dedication to be transferred to the City of Toronto shall be in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances and encroachments and conveyed to the City prior to the issuance of the first above grade building permit on the development site. 5. 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 of Toronto's Development Charges By-law, as may be amended from time to time. 6. City Council authorize the City Solicitor to enter into and register on title to the lands one or more agreements pursuant to Section 37 of the Planning Act 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 and the Chief Engineer and Executive Director, Engineering and Construction Services: a. the provision of 120 affordable rental housing units, based on 100 percent Average Market Rent and an affordability period of 99 years with these affordable housing units being provided as follows: i. the affordable housing rental units shall be provided in contiguous groups of at least six units; and ii. the unit types and sizes shall be determined in the Section 37 Agreement building upon the draft terms of reference in Confidential Appendix D to the supplementary report (July 15, 2021) from the City Solicitor, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and iii. any adjustments to the total gross floor area then the proposed number of affordable rental housing units, affordable rental housing unit mix and/or affordable rental housing unit sizes will be adjusted accordingly, to the satisfaction of the Chief Planner and Executive Director, City Planning, as secured in the Section 37 Agreement; and b. the owner shall maintain all the market residential dwelling units on the Development Site, where rental tenure is proposed, as rental dwelling units at 900 Dufferin Street as rental housing for a period of at least 40 years commencing from occupancy of such market residential dwelling units and with no applications for demolition or conversion from residential rental use during such 40-year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 7. City Council 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, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, as a legal convenience: a. the provision of a privately-owned publicly accessible open space on the northwest corner of the Development Site of a minimum size of 435 square metres, whereby as a pre-approval condition to Site Plan Approval for the Development Site where the privately-owned publicly accessible open space 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 space and any required public access easements to connect the privately-owned publicly accessible open space 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 space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately-owned publicly accessible open space at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately-owned publicly accessible open space shall be determined in the context of a site plan approval for each building pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City of Toronto; b. the provision of public access easement(s) over the Private Street within a minimum width of 18.5 metres 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 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 public access easement area for vehicular and pedestrian access and any required public access easements to connect the adjacent open spaces and/or public rights-of-way, where necessary; the owner shall own, operate, maintain and repair the private street and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the private street at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the private street shall be determined in the context of a site plan approval for the Development Site pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City and any such temporary closures of the Private Street be expressly limited in the Section 37 Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; c. 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; d. 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 ongoing development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information 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; e. implementation of, and/or mitigation measures listed, in any of the reports, studies and plans accepted by the City submitted by the owner and any such implementation measures secured in the appropriate agreements; f. the required transportation improvements, including any required improvements along Croatia Street and/or Dufferin Street and warrant analysis along Croatia Street and at Dufferin Street and Croatia Street and transportation demand management (TDM) measures identified in the 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; g. the owner shall provide, at their sole cost and expense, 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; h. the owner shall provide a revised landscape plan and soil volume plan for the entire Development Site subject of the Zoning By-law Amendment, 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; i. the owner shall provide a Public Utilities Plan for the entire Development Site that is the subject of the Zoning By-law Amendment to ensure, among other matters, that above ground and underground utilities and streetscape elements, such as street trees and 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 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; j. at the sole cost and expense of the owner, should the public street extension extend through the entire Development Site, the manner (including consideration of any agreements, easements and/or covenants that may be required) in which the City in the future will be able to require the relocation and removal of the loading spaces within the lands subject of the Zoning By-law Amendment of where the future public street may be located on such terms and conditions that are satisfactory to the General Manager, Transportation Services, the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Executive Director, Corporate and Real Estate Management; and k. prior to the issuance of any building permit, including permits for excavation and shoring, the owner shall enter into a municipal capital facility agreement ("Contribution Agreement") with the City to provide Open Door Affordable Housing Program incentives for 120 affordable rental housing units to be developed on the lands; the owner shall provide such affordable rental housing dwelling units in accordance with agreement(s) to be entered into with the City, all to the satisfaction of the Executive Director, Housing Secretariat, the Chief Planner and Executive Director, City Planning and the City Solicitor. 8. City Council approve funding for 120 affordable rental housing units through the Open Door Affordable Rental Housing Program. 9. City Council authorize the Executive Director, Housing Secretariat to negotiate and execute a municipal capital facility agreement (Contribution Agreement) with the owner for 120 affordable rental housing units to be developed on the lands to secure rents at or below 100 percent of average market rents for a period of 99 years, together with any security, financing or other documents required, as well as any amendments thereto required from time to time, on terms and conditions acceptable to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor. 10. City Council exempt up to 120 affordable rental housing units to be developed on the lands from taxation for municipal and school purposes for the 99-year term of the municipal capital facility agreement. 11. City Council authorize that the up to 120 affordable rental housing units to be developed on the lands be exempt from the payment of development charges and be exempt from the payment of planning, park dedication and building permits fees under existing City of Toronto policy, unless already paid. 12. City Council authorize severally each of the Executive Director, Housing Secretariat and the General Manager, Shelter, Support and Housing Administration to execute, on behalf of the City of Toronto, any security or financing documents or any other documents required to facilitate the funding process, including any documents required by the owner to complete pre-development activities, construction and secure conventional financing, where required, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City of Toronto that have not been previously approved by City Council. 13. City Council authorize staff to cancel or refund any taxes paid pursuant to the by-law exempting the property from taxation if authority is given for an exemption from taxation as set out in Part 10 above. 14. City Council direct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal), prior to holding any settlement hearing on the Official Plan Amendment and Zoning By-law Amendment, to provide for new notice on the Official Plan Amendment Application. 15. 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 Official Plan Amendment and Zoning By-law Amendment Applications until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the proposed Official Plan Amendment and Zoning By-law Amendments are in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning, with changes including, but not limited to, securing the following matters in the Zoning By-law Amendment: i. minimum requirements of 2 bedroom and 3 bedroom units on the Development Site; ii. bicycle parking, loading space and vehicular parking rates; iii. the location and maximum projection of balconies where determined appropriate and where permitted; and iv. a Holding (H) Symbol pursuant to Section 36 of the Planning Act as a generally described in Part 15.b. below; b. the Zoning By-law Amendments contain a Holding (H) Symbol pursuant to Section 36 of the Planning Act, the form and content to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, whereby prior to any redevelopment of the lands, that matters related to the Garrison Trunk Sewer, including any approvals required by the Ministry of the Environment, Conservation and Parks under the Ontario Water Resources Act, the removal and decommissioning of the existing Garrison Truck Sewer be undertaken, the new storm and sanitary sewers designed and constructed and demonstrated that the newly constructed sewers are able to service the development of the lands, all at the sole cost and expense of the owner of the lands and to the satisfaction of the City of Toronto, unless such matters can be resolved prior to the issuance of the Order on the Zoning By-law Amendment; c. the owner has, at its sole cost and expense: i. submitted a revised Functional Servicing Report, together with supporting documentation, including confirmation of water and fire flow, sanitary and stormwater 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 Transportation Impact Study, including identifying the Transportation Demand Management measures, improvements to Croatia Street and/or Dufferin Street and any required 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 Official Plan Amendment and Zoning By-law Amendment 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 applicant shall have been completed and the Chief Planner and Executive Director, City Planning shall be satisfied with the revised resubmission; v. 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 appropriate agreement(s) with the City or otherwise addressed in the Holding (H) Symbol on the Zoning By-law Amendment; vi. provide a revised Sun/Shadow Study which includes the new public park on Croatia Street at 1141 Bloor Street, the new public park on this Development Site and the new school at 90 Croatia Street and Dufferin Grove, satisfactory to the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation; vii. provide a wind tunnel testing for the development 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; viii. provide a revised landscape plan and soil volume plan for the entire Development Site subject of the Zoning By-law Amendment, 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; and ix. provide a Public Utilities Plan for the entire Development Site subject to the Zoning By-law Amendment to ensure, among other matters, that above ground and underground utilities and streetscape elements, such as street trees and 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, 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 d. the owner has entered into a Section 37 Agreement with the City that has been executed and registered on title 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. 16. City Council authorize the Executive Director, Housing Secretariat to work with the General Manager, Shelter, Support and Housing Administration to secure up to two housing benefits (for 20 percent of the affordable rental housing), subject to available funding and the execution of the municipal capital facility agreement. 17. City Council direct the Executive Director, Housing Secretariat to work with the owner to develop a Housing Access Plan that includes the following matters: a. the affordable housing units will be rented to tenants provided by local referring agencies, with the referring agencies to be approved by the Executive Director, Housing Secretariat; b. in the event that no appropriate local referring agency is available, the Executive Director, Housing Secretariat, in consultation with the owner, will identify an appropriate agency to refer tenants; c. the referring agency or agencies will enter into a referral agreement with the owner that details their responsibilities; d. the selection of the tenants for these units and the management of these units and tenancies will comply with the City of Toronto's requirements for tenant selection, income verification, reporting and overall administration of affordable rental homes; e. management of the tenancies of these affordable housing units will managed by the owner; f. reasonable eviction prevention protocol, satisfactory to the Executive Director, Housing Secretariat; and g. notwithstanding Part 17.e. above, the owner and the Executive Director, Housing Secretariat will explore the option of the owner entering into a head lease with the referring agencies and/or other appropriate agencies, and if the owner deems it viable (through a successful track record) and the Executive Director, Housing Secretariat provides their consent, then the owner will enter into a head lease with that agency. 18. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendices A, B C and D to the supplementary report (July 15, 2021) from the City Solicitor and Confidential Appendix E to the supplementary report (July 15, 2021) from the City Solicitor, as amended by motion 1 by Councillor Ana Bailao, are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and they can be accessed under Background Information (City Council).
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix A to the report (July 7, 2021) from the City Solicitor at the discretion of 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 7, 2021) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.
MM35.21adopted
This Motion seeks authorization to amend the 2021 Operating Budget of Heritage Toronto to fund the creation and installation of a heritage plaque near Bay Street and Queen Street West in Ward 13 to recognize the history and importance of Toronto Public Health. Heritage Toronto has estimated the project to cost $7,500. The City of Toronto's first Medical Officer of Health was Dr. William Canniff, who was appointed to the role in 1883. At the time, infectious diseases such as cholera, diphtheria, typhus and tuberculosis were common in major cities like Toronto and medical science was only beginning to make links between poor sanitation and the spread of illnesses. Prior to widespread acceptance that many diseases spread by germs, experts believed bad air was the cause of illnesses. Dr. Caniff's push to clear up yards cluttered with refuse and drain stagnant water was influenced in part by this belief. Many major civic improvements that were designed to address public health issues were made during this period. By 1875, Toronto was filtering its city drinking water, sourced from Lake Ontario, in an effort to eliminate waterborne diseases. At the time, raw sewage also emptied untreated into the Toronto Harbour. In 1884, Dr. Caniff recorded the Toronto Harbour contained rotten fruit and vegetables, dead animals and fish, in addition to raw effluent. Around this time, Toronto also began incinerating its garbage, which has previously been dumped in ravines and other fill sites. Dr. Charles Hastings became Toronto's Medical Officer of Health in 1910. He grew the City's Public Health department into the largest in the country. Hastings was a visionary administrator who notably harnessed the power of documentary photography to draw attention to social and public health issues in Toronto. City photographer Arthur Goss recorded living conditions in the City's poorest areas, such as the Ward, which helped make the case for preventative medicine and sanitation improvements. Hastings and Goss' landmark 1911 report on housing conditions in Toronto led to the demolition of almost 2,000 homes deemed unsanitary. Though the work began under his predecessors, Dr. Hastings also focused on food safety, in particular the safety and cleanliness of meat and milk supplies. Hastings' daughter died after contracting typhoid from milk bought at a city dairy. In the 20th century, as Toronto could increasingly depend on sanitary food preparation conditions, potable water in all homes, and managed waste disposal systems, the public health department initiated vaccination campaigns against infectious diseases. In the early 20th century, Toronto launched its first vaccination campaign against smallpox. Later, as technology improved, the city vaccinated against diphtheria, polio, measles - and now COVID-19. From the creation of the City's first public health department in 1883 to SARS and the current COVID-19 pandemic, Toronto has had to respond to many public health challenges over the last century. This Heritage Toronto plaque will focus on the work of the city's public health department in creating a safe and healthy environment for Toronto's citizens. The enacting By-law for the development at 20 - 26 Lombard Street and 25 Richmond Street East states that 3 years following the date of the By-law coming into full force and effect, the monies may be redirected at the discretion of the Chief Planner and Executive Director of City Planning, in consultation with the local Councillor, toward a range of local community benefits including heritage related improvements in the vicinity of the lot. The By-law came into full force and effect on December 14, 2015 and the three years have passed. Accordingly the funds that have been secured from the development at 20 - 26 Lombard Street and 25 Richmond Street East can now be used for heritage related improvements in the vicinity of the site. As Heritage Toronto is a directly funded City agency and not considered an "outside party", no undertaking is required to be signed by Heritage Toronto governing the use of the funds and financial reporting.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council increase the 2021 Council Approved Operating Budget for Heritage Toronto by $7,500.00 gross, $0 net, for the production and installation of a Heritage Plaque commemorating Toronto's Public Health History (Cost Centre: HG0001), fully funded by Section 37 community benefits obtained from the development 20 - 26 Lombard Street and 25 Richmond Street East (Source Account: XR3026- 3700825) in the amount $2,844 and (Source Account XR3026-3700843) in the amount of $4,656.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that: 1. City Council increase the 2021 Council Approved Operating Budget for Heritage Toronto by $7,500.00 gross, $0 net, for the production and installation of a Heritage Plaque a heritage plaque commemorating Toronto's Public Health History (Cost Centre: HG0001), fully funded by Section 37 community benefits obtained from the development 20 - 26 Lombard Street and 25 Richmond Street East (Source Account: XR3026- 3700825) in the amount $2,844 and (Source Account XR3026-3700843) in the amount of $4,656.
CC35.22adopted
On November 25, 2019, a Zoning By-law Amendment application (the "Application") was submitted for the property at 6 Dawes Road to permit three residential towers of 49 storeys, 46 storeys and 40 storeys atop a shared base building including residential, retail and community space. In addition to residential dwelling units, the proposal would have also included: a new integrated entrance to the existing Danforth GO transit station; a 6-storey community centre (approximately 4,865 square metres or 50,000 square feet); and a privately-owned publicly accessible open space (737.68 square metres). On January 15, 2021, the applicant submitted a revised development proposal for 6 Dawes Road (the "Revised Application"). The Revised Application proposed to amend the Zoning By-law for 6 Dawes Road to permit four towers atop two base buildings separated by a publicly-accessible open space. The towers were to be 44-storeys, 46 storeys, 37 storeys and 19 storeys. In addition to residential units, the Revised Application also included space for self-storage. Neither a community centre use nor integrated entrance with the adjacent GO transit station was provided. The Revised Application included above-grade parking for portions of floors 1 to 5 where highly sensitive uses such as residential would not be permitted due to the proposal's adjacency with the rail corridor to the south. On March 23, 2021, the applicant appealed the Revised Application to the Local Planning Appeal Tribunal, now continued as the Ontario Land Tribunal (the "OLT"), citing Council's failure to make a decision within the statutory timeframe. The OLT conducted the first Case Management Conference in the proceedings by video hearing on May 14, 2021, at which Tri-Metro Investments Inc, Canadian Tire Corporation Limited, Minto (Dawes) GP Inc., Dandaw Developments Limited, Victoria Woods (Main Square Inc.), a local resident and Metrolinx were each granted party status on consent. The purpose of this report is to request further instructions for the future OLT hearing that is not yet scheduled.
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 7, 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 7, 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 7, 2021) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto, 2006, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 7, 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 7, 2021) from the City Solicitor remains confidential, in accordance with the provisions of the City of Toronto, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, if adopted by City Council, 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 privilege.
MM35.22adopted
Metrolinx is currently proposing a Bus Rapid Transit (BRT) route from Durham region to Scarborough that will connect residents along the corridor with higher order transit, hospitals, academic institutions and employment lands. Meetings with the Highland Creek Community have identified a number of outstanding concerns with this Metrolinx proposal. Residential homes are located on both the north and south sides of Ellesmere Road throughout Highland Creek. This location (Military Trail to Kingston Road) has been identified as a pinch point in the design, and the installation of curbed lanes along this 2.4 kilometre stretch will block the ability of residents to turn left into their driveways. Members of the community have continually raised their objection to this design, as it would cause unsafe U-turns, push traffic onto local streets, increase travel times and limit emergency vehicle access. This Motion urges Metrolinx to acknowledge, and further mitigate, the concerns of the Highland Creek community so that this transit project can better serve local residents. Painted bus lanes, or buses and vehicles in mixed traffic, through this area warrants consideration. The Toronto Transit Commission is piloting this approach in the Eglinton-Kingston-Morningside corridor and there is opportunity to learn from this experience. The City of Toronto is not a co-proponent for this Provincial project. City of Toronto staff have also provided input to Metrolinx regarding the need to acknowledge the local residential context of the Official Plan designated Neighbourhood areas on Ellesmere Road between Kingston Road and Military Trail, and have requested further justification from Metrolinx for requiring a centre median to support the dedicated transit lane for this area.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the Executive Director, Transit Expansion Office, and the Chief Planner and Executive Director, City Planning, to request that Metrolinx: a. further engage the Highland Creek Community to fully understand, and resolve, their opposition to a curbed centre median for the Durham-Scarborough Bus Rapid Transit; b. consider and evaluate design alternatives, without a curbed centre median, for the Durham-Scarborough Bus Rapid Transit along Ellesmere Road from Kingston Road to Military Trail; and c. report back to the community on Durham-Scarborough Bus Rapid Transit design alternatives as part of its next phase of community consultation.
Staff recommendation as filed
Councillor Jennifer McKelvie, seconded by Mayor John Tory, recommends that: 1. City Council request the Executive Director, Transit Expansion Office, and the Chief Planner and Executive Director, City Planning, to request that Metrolinx: a. further engage the Highland Creek Community to fully understand, and resolve, their opposition to a curbed centre median for the Durham-Scarborough Bus Rapid Transit; b. consider and evaluate design alternatives, without a curbed centre median, for the Durham-Scarborough Bus Rapid Transit along Ellesmere Road from Kingston Road to Military Trail; and c. report back to the community on Durham-Scarborough Bus Rapid Transit design alternatives as part of its next phase of community consultation.
CC35.23adopted
On July 10, 2019, a Zoning By-law Amendment application (the "Application") was submitted for the property at 9-25 Dawes Road to permit two towers atop a shared base building including residential, retail and community space. The North Tower would be 24 storeys (77.7 metres, excluding mechanical penthouse) and the South Tower would be 30 storeys (95.4 metres, excluding mechanical penthouse). Together a total of 684 units were proposed: 403 one-bedroom units (59 percent), 214 two-bedroom units (31 percent) and 67 three-bedroom units (10 percent). The proposal had a total gross floor area of 46,498 square metres (44,487 square metres of residential gross floor area and 2,011 square metres of non-residential gross floor area). The floor space index of the proposed development was 9.2 times the area of the lot. The proposal also included two levels of underground parking. A total of 270 vehicular parking spaces were proposed (193 residential parking spaces, and 77 parking spaces for the non-residential uses). A total of 686 bicycle parking spaces were proposed - 616 spaces for residents and 70 spaces for visitors. Type G and B loading spaces were proposed and were located within the building. On December 4, 2019, the applicant appealed the application to the Ontario Land Tribunal(known then as the Local Planning Appeal Tribunal) citing Council's failure to make a decision within the statutory timeframe. The Ontario Land Tribunal conducted the first Case Management Conference in the proceedings by video hearing on September 22, 2020, at which Minto (Dawes) GP Inc., 6 Dawes Danforth Inc., Dandaw Developments Limited, Jacob's Tent Inc. and the Royal Canadian Legion, Branch 11 were each granted party status on consent. Canadian Tire Corporation Limited was also granted party status. The Ontario Land Tribunal conducted a second Case Management Conference on October 23, 2020 at which it: considered a final draft Procedural Order and Issues List; scheduled a third Case Management Conference by videoconference for June 30, 2021; and scheduled an in-person fifteen-day hearing to commence on August 9, 2021. On June 30, 2021, the applicant submitted a revised development proposal for 9-25 Dawes Road (the "Revised Proposal"). The purpose of this report is to request further instructions for the Ontario Land Tribunal hearing that will be scheduled in the future. 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 7, 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 7, 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 7, 2021) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendices A and B to the report (July 7, 2021) from the City Solicitor remain confidential at this time in accordance with the provision of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (July 7, 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 7, 2021) from the City Solicitor remains confidential in accordance with the provision of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. December 24, 2021 The confidential instructions to staff in Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor were adopted by City Council, and 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 dated June 30, 2021 attached to the report (July 7, 2021) from the City Solicitor as Confidential Appendix A and the revised architectural plans substantially in accordance with Confidential Appendix B to the report (July 7, 2021) from the City Solicitor as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning (the "Revised Proposal"), for the lands municipally known as 9-25 Dawes Road, subject to Parts 2 to 8 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised development proposal generally described in the settlement offer and the revised plans substantially in accordance with Confidential Appendices A and B to the report (July 7, 2021) from the City Solicitor. 3. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council accept cash-in-lieu of a parkland contribution pursuant to Section 42 of the Planning Act and Chapter 415, Article III of the Toronto Municipal Code. 4. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Toronto East York District and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate divisions, and they secure, among other matters, the following: i. the on-site parking ratios have been provided to the satisfaction of the General Manager, Transportation Services; ii. a minimum of 15 percent (15%) of all units on the lands at 9-25 Dawes Road will be constructed as 2-bedroom units and an additional minimum 10 percent (10%) of all units on the land at 9-25 Dawes Road will be constructed as 3-bedroom units; iii. a site-specific definition of gross floor area that exempts areas that are used for parking and located at grade from the calculation, including areas required for access to those at-grade parking areas and to the storage lockers located in the mezzanine space; and iv. the sharing of the proposed residential visitor parking spaces with parking for non-residential uses; b. the owner has, at the owner's expense: i. submitted a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents (the "Engineering Reports"), including confirmation of water and fire flow, sanitary and storm capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; ii. addressed all outstanding engineering issues, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memorandum from the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services; iii. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; iv. submitted a pedestrian level wind study acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and that such matters arising from such study, be secured if required; v. submitted a revised Transportation Impact Study, and a Parking and Loading Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such studies, be secured if required; vi. provided on-site parking ratios to the satisfaction of the General Manager, Transportation Services, supported by a comprehensive Transportation Demand Management Plan, submitted to the satisfaction of the Chief Planner; should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the owner prior to the issuance of the first above-grade building permit for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment; and vii. submitted a revised Landscape Plan which includes a notation that a volume of 30 cubic metres of soil will be provided for each tree, and provides any necessary financial securities, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation and that such matters arising from such study, be secured if required; and c. the owner has entered into an Agreement pursuant to Section 37 of the Planning Act, and that Agreement has been registered on title to 9-25 Dawes Road, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure the community benefits and matters of legal convenience at the owner's expense, as set out in Part 5 below. 5. City Council authorize the entering into of an Agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits offered in the Settlement Offer and recommended to be secured in the Section 37 Agreement are as follows, satisfactory to the City Solicitor: i. provide a cash contribution of four million five hundred thousand dollars ($4,500,00.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Site and to be allocated toward the construction, finishes and/or furnishings and equipment for a public community recreation centre serving the geographic area of the proposed Official Plan Amendment 478, as adopted by Council, within the vicinity of the Site, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; ii. provide a cash contribution of sixty six thousand six hundred and sixty seven ($66,667.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Site and to be allocated toward funding a transportation study at key intersections within the secondary plan area, including Main Street and Stephenson Avenue, Main Street and Danforth Avenue and Main Street and Gerrard Street East to identify and design streetscape improvements at these intersections for the purpose of improved pedestrian and cyclist safety, functionality and an improved public realm, at the discretion of the Chief Planner and Executive Director, City Planning. in consultation with the Ward Councillor; iii. the cash contributions referred to in Parts 5.a.i. and 5.a.ii. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; iv. in the event the cash contribution referred to in Part 5.a.i. above has not been used for the determined purpose within ten (10) years after the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands; v. in the event the cash contribution referred to in Part 5.a.ii. above has not been used for the determined purpose within three (3) years after the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands; and b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. the owner shall implement any required recommendations and/or mitigation measures from the accepted Environmental Noise and Vibration Assessment Report, Wind Tunnel analysis, Traffic Impact Study, Traffic Demand Management Plan, Landscape Plan, Parking and Loading Study, and Landscape Plan, through the Site Plan approval process for the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. the owner shall provide one privately owned publicly-accessible open space, not less than 420 square metres, as generally shown on Site Plan A1.01 in Confidential Appendix B to the report (July 7, 2021) from the City Solicitor to the satisfaction of the Chief Planner and Executive Director, City Planning; prior to the issuance of Site Plan Approval, the owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly-accessible open space and any required public access easements to connect the privately owned publicly-accessible open space to adjacent privately owned publicly-accessible open space and/or public rights-of-way, where necessary; the owner shall own, operate, maintain and repair the privately owned publicly-accessible open space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly-accessible open space at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately owned publicly-accessible open space shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; iii. prior to Site Plan Approval on the lot, the owner shall convey to the City an approximately 1.48 metre-wide strip of land abutting the south limit of the City-owned east-west laneway for the purpose of widening public laneways, to the satisfaction of the General Manager, Transportation Services and the City Solicitor; iv. the owner shall construct and maintain the development in accordance with the Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item 2009.PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item 2017.PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time; v. the peer review of the submitted Environmental Noise and Vibration Assessment Report, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; vi. the owner shall include warning clauses and signage of the Toronto Catholic District School Board and the Toronto District School Board in the conditions of site plan approval and subsequently within any agreements of purchase and sale or tenant lease agreements for the proposed units, to the satisfaction of the Chief Planner and Executive Director, City Planning; vii. the owner shall incorporate Metrolinx's requirements addressing construction measures, warning clauses and other rail safety requirements, during the site plan review process to the satisfaction of the Chief Planner and Executive Director, City Planning and Metrolinx; viii. the owner shall satisfy the requirements of the Toronto Transit Commission in regards to additional information related to the Toronto Transit Commission infrastructure and their Limited Scope Technical Review, to the satisfaction of the Manager, Technical Review, Toronto Transit Commission; ix. the owner shall, prior to the commencement of any excavation and shoring work, submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related details: 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, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the City Solicitor; and x. where the owner is undertaking upgrades or required improvements to the existing and/or new municipal infrastructure identified in the accepted Engineering Reports that benefits other properties in the vicinity of 9-25 Dawes, the City will authorize a development charge credit to the owner in an amount equal to the cost of the improvements that are in excess of the improvements necessitated by and attributable to the Development, but not to exceed: 1. the actual cost of the work identified in the Master Functional Servicing Report for Character Area C of Official Plan Amendment 478 that is undertaken by the Owner that is in excess of the improvements necessitated by and attributable to the Revised Proposal; and 2. the water, sanitary sewer, and storm water management components of the development charges applicable to the Revised Proposal. 6. Should the Ontario Land Tribunal allow the appeal in whole or in part, upon issuance of a final Ontario Land Tribunal Order, City Council direct that the owner be required to immediately withdraw its appeal of Official Plan Amendment 478. 7. City Council direct the City Solicitor to request the Ontario Land Tribunal to allow the applicant's appeal of Official Plan Amendment 478 in whole or in part, and approve as modified, Official Plan Amendment 478 substantially in accordance with the modifications set out in the City Solicitor's report to City Council on the Main Street Study (Official Plan Amendment 478) dated July 2, 2021 and in a form such that the zoning by-laws contemplated for approval by this settlement offer would conform, or be deemed to conform, therewith. 8. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendices A and B to the report (July 7, 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 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 Appendix A and Confidential Appendix B, if adopted by City Council, 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 privilege.
MM35.23adopted
This Motion seeks authority to acquire certain lands at fair market value from Thunder Woman Healing Lodge Society and provide financial relief from taxes, fees and charges towards the development and operation of the future Thunder Woman Healing Lodge at 2217 Kingston Road. Providing this financial relief and fair market compensation for the land is a tangible, meaningful action the City can take to advance reconciliation and justice and fulfil its commitments to Indigenous Peoples. This Motion is urgent as Thunder Woman Healing Lodge is anticipating beginning construction on September 22, 2021, pending site plan approval.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council authorize the Executive Director, Corporate Real Estate Management, to negotiate, approve and execute an agreement of purchase and sale on behalf of the City for the acquisition of 1.5 metre wide strip of land to the full extent of the site abutting the east limit of Kingston Road, and a 6.0 metre (radius) corner rounding at the south-east corner of the intersection of Kingston Road and Cliffside Drive from the widened Kingston Road for the purposes of widening the right-of-way adjoining the property known municipally as 2217 Kingston Road in their existing condition, at fair market value and otherwise on terms and conditions acceptable to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor. 2. City Council authorize the Executive Director, Corporate Real Estate Management, to assume, or reimburse Thunder Woman Healing Lodge for, all costs and charges related to the conveyance of lands including, but not limited to, reasonable expenses related to third party consultants, legal and surveying costs, and to waive any customary City related charges and fees associated with the conveyance of lands. 3. City Council direct the Executive Director, Corporate Real Estate Management, the Director, Indigenous Affairs Office and the Executive Director, Housing Secretariat, to review existing City programs and funding sources and explore additional forms of support to address the costs incurred by Indigenous affordable housing projects to acquire and develop land and property, and to report to the Aboriginal Affairs Advisory Committee by the third quarter of 2022. 4. City Council increase the 2021 - 2030 Council Approved Capital Budget and Plan for Transportation Services by $115,000 gross and $0 debt under a new capital project for the acquisition of the above noted land and associated costs and charges, funded from the Land Acquisition Reserve Fund (XR1012). 5. City Council direct the Executive Director, Corporate Real Estate Management, the Director, Indigenous Affairs Office, the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry and Recreation, the General Manager, Transportation Services, and other City Divisions as required, to report to the Aboriginal Affairs Advisory Committee by the third quarter of 2022 on a proposed framework to guide future City acquisitions of properties with Indigenous community-related impacts, for municipal purposes, to ensure they are transacted at fair market value in a manner that is consistent with legislative requirements and are responsive to the needs of Toronto's diverse Indigenous communities. 6. City Council pass By-laws pursuant to Section 252 of the City of Toronto Act, 2006, providing authority to: a. enter into a Municipal Capital Facility Agreement with Thunder Woman Healing Lodge Society for part of the property known as 2217 Kingston Road, for the ground floor space of approximately 46.3 square metres of space (the "Indigikwe Space") for the purposes of providing a Municipal Capital Facility related to the provision of social and health services; and b. exempt the Indigikwe Space from taxation for municipal and school purposes, with the tax exemption to be effective from the latest of: 1. the day when the Indigikwe Space begins to be used for social services; 2. the date the Municipal Capital Facility Agreement is entered into; and 3. the date this Tax Exemption By-law is enacted; and c. exempt the Premises from development charges, with the exemption being effective from the latest of: 1. the date this by-law is enacted; or 2. the date the Municipal Capital Facility Agreement is entered into. 7. City Council direct the City Clerk to give written notice of the By-law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir. 8. City Council authorize the Controller to cancel or refund any taxes paid after the effective date of the Municipal Capital Facility Agreement. 9. City Council authorize that the Indigikwe Space at 2217 Kingston Road be eligible for waivers of building permit applications, planning applications and parkland dedication fees. 10. City Council authorize the City Manager to direct staff to waive any City fees and charges set out in Municipal Code Chapter 441 and disbursements that would otherwise be payable by Thunder Woman Healing Lodge Society to the City in connection with the development and construction of the healing lodge at 2217 Kingston Road, including, without limitation, fees associated with permits, applications, inspections, testing, service connections, agreements and registrations, which may be waived under the authority of the City. 11. City Council authorize the City Manager to direct staff to waive City requirements to provide security that would otherwise be required for the development and construction of the healing lodge at 2217 Kingston Road, including, without limitation, any security required in connection with landscaping, work in the City's right-of-way, tree protection and tree planting, which may be waived under the authority of the City. 12. City Council authorize the payment of any external pass through costs to the City that would otherwise be recovered through the collection of fees and disbursements waived under Part 10 above up to $200,000 in 2021, with any added impacts in 2022 to be brought forward for City Council's consideration as part of the 2022 Budget process. 13. City Council request the Federal and Provincial Governments to support Calls to Action 21 and 35 of the Truth and Reconciliation Commission of Canada, and specifically support the construction of the Thunder Woman Healing Lodge.
Staff recommendation as filed
Councillor Gary Crawford, seconded by Mayor John Tory, recommends that City Council adopt the following recommendations in the report (July 7, 2021) from the City Manager: 1. City Council authorize the Executive Director, Corporate Real Estate Management, to negotiate, approve and execute an agreement of purchase and sale on behalf of the City for the acquisition of 1.5 metre wide strip of land to the full extent of the site abutting the east limit of Kingston Road, and a 6.0 metre (radius) corner rounding at the south-east corner of the intersection of Kingston Road and Cliffside Drive from the widened Kingston Road for the purposes of widening the right-of-way adjoining the property known municipally as 2217 Kingston Road in their existing condition, at fair market value and otherwise on terms and conditions acceptable to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor. 2. City Council authorize the Executive Director, Corporate Real Estate Management, to assume, or reimburse Thunder Woman Healing Lodge for, all costs and charges related to the conveyance of lands including, but not limited to, reasonable expenses related to third party consultants, legal and surveying costs, and to waive any customary City related charges and fees associated with the conveyance of lands. 3. City Council direct the Executive Director, Corporate Real Estate Management, Director, Indigenous Affairs Office and Executive Director, Housing Secretariat, to review existing City programs and funding sources and explore additional forms of support to address the costs incurred by Indigenous affordable housing projects to acquire and develop land and property, and report to the Aboriginal Affairs Advisory Committee by the third quarter of 2022. 4. City Council authorize an increase to the 2021 - 2030 Council Approved Capital Budget and Plan for Transportation Services for $115,000 gross and $0 debt under a new capital project for the acquisition of the above noted land and associated costs and charges, funded from the Land Acquisition Reserve Fund (XR1012). 5. City Council direct the Executive Director, Corporate Real Estate Management, Director, Indigenous Affairs Office, the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry and Recreation, the General Manager, Transportation Services, and other City Divisions as required, to report to the Aboriginal Affairs Advisory Committee by the third quarter of 2022 on a proposed framework to guide future City acquisitions of properties with Indigenous community-related impacts, for municipal purposes, to ensure they are transacted at fair market value in a manner that is consistent with legislative requirements and are responsive to the needs of Toronto's diverse Indigenous communities. 6. City Council pass By-laws pursuant to Section 252 of the City of Toronto Act, 2006, providing authority to: a. enter into a Municipal Capital Facility Agreement with Thunder Woman Healing Lodge Society for part of the property known as 2217 Kingston Road, for the ground floor space of approximately 46.3 square metres of space (the "Indigikwe Space") for the purposes of providing a Municipal Capital Facility related to the provision of social and health services; and b. exempt the Indigikwe Space from taxation for municipal and school purposes, with the tax exemption to be effective from the latest of: 1. the day when the Indigikwe Space begins to be used for social services; 2. the date the Municipal Capital Facility Agreement is entered into; and 3. the date this Tax Exemption By-law is enacted. c. exempt the Premises from development charges, with the exemption being effective from the latest of: 1. the date this by-law is enacted; or 2. the date the Municipal Capital Facility Agreement is entered into. 7. City Council direct the City Clerk to give written notice of the By-law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir. 8. City Council authorize the Controller to cancel or refund any taxes paid after the effective date of the municipal capital facility agreement. 9. City Council authorize that the Indigikwe Space at 2217 Kingston Road be eligible for waivers of building permit applications, planning applications and parkland dedication fees. 10. City Council authorize the City Manager to direct staff to waive any City fees and charges set out in Municipal Code Chapter 441 and disbursements that would otherwise be payable by Thunder Woman Healing Lodge Society to the City in connection with the development and construction of the healing lodge at 2217 Kingston Road, including, without limitation, fees associated with permits, applications, inspections, testing, service connections, agreements and registrations, which may be waived under the authority of the City. 11. City Council authorize the City Manager to direct staff to waive City requirements to provide security that would otherwise be required for the development and construction of the healing lodge at 2217 Kingston Road, including, without limitation any security required in connection with landscaping, work in the City's right-of-way, tree protection and tree planting, which may be waived under the authority of the City. 12. City Council authorize the payment of any external pass through costs to the City that would otherwise be recovered through the collection of fees and disbursements waived under recommendation 10 up to $200,000 in 2021, with any added impacts in 2022 to be brought forward for Council's consideration as part of the 2022 Budget process. 13. City Council request the Federal and Provincial Governments to support Calls to Action #21 and #35 of the Truth and Reconciliation Commission of Canada, and specifically support the construction of the Thunder Woman Healing Lodge.
CC35.24adopted
On March 11, 2019, a Zoning By-law Amendment application (the "Application") was submitted for the property at 10-30 Dawes Road to permit two towers atop a shared base building comprising residential, retail, office and day care uses. The north tall building would be 24 storeys, and the south tall building would be 41 storeys. Together a total of 616 units were proposed with a total gross floor area of 47,469 square metres. On November 6, 2020, the applicant appealed the application to the Ontario Land Tribunal(known then as the Local Planning Appeal Tribunal), citing Council's failure to make a decision within the statutory timeframe. The Ontario Land Tribunal conducted the first Case Management Conference in the proceedings by video hearing on March 19, 2021 at which point the Ontario Land Tribunal scheduled a second Case Management Conference for July 28, 2021 and a 15 day hearing beginning January 24, 2022. The purpose of this report is to request further instructions for the purposes of the Ontario Land Tribunal Case Management Conference and 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 7, 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 7, 2021) from the City Solicitor only at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor. Confidential Attachment 1 and Confidential Appendices A, B and C to the report (July 7, 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 or communications that are subject to solicitor-client privilege and information regarding potential litigation. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (July 7, 2021) from the City Solicitor will be made public at discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor will be made public at discretion of the City Solicitor. January 7, 2022 The confidential instructions to staff in Confidential Attachment 1 to the report (July 7, 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 accept the without prejudice settlement offer dated July 2, 2021 attached to the report (July 7, 2021) from the City Solicitor as Confidential Appendix A, and the revised architectural plans substantially in accordance with Confidential Appendix B to the report (July 7, 2021) from the City Solicitor as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning (the "Revised Proposal"), subject to the enactment of the valid road closure by-law set out in Part 4.b below and subject to Parts 3 to 8 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised development proposal generally described in the settlement offer and the revised plans substantially in accordance with Confidential Appendices A and B to the report (July 7, 2021) from the City Solicitor. 3. Should the Owner secure either 15 Barrington Avenue, or 13 and 15 Barrington Avenue, City Council accept an off-site parkland dedication (the "Parkland"), consisting of 15 Barrington Avenue or 13 and 15 Barrington Avenue, pursuant to Section 42 of the Planning Act, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, and such off-site parkland dedication to be transferred to the City free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition, and is to be conveyed to the City in base park condition prior to the issuance of the first Above-Grade Building Permit for the development, subject to the owner entering into and registering a Section 118 Restriction under the Land Titles Act (to the satisfaction of the City Solicitor) prior to the issuance of the Ontario Land Tribunal's final order, or at such other time agreed to by the City Solicitor, agreeing not to transfer or charge the Parkland, which restriction may be released only upon the owner transferring the Parkland to the City, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 4. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Toronto East York District and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate divisions, and that they secure, among other matters: i. the on-site vehicle and bicycle parking ratios to the satisfaction of the General Manager, Transportation Services; ii. space within the development for installation and maintenance access holes and sampling ports on the private side, for both storm and sanitary service connections; iii. a minimum of 10 percent of all units on the lands at 10-30 Dawes Road as 3-bedroom units and a minimum of 27 percent of all units on the lands at 10-30 Dawes Road as 2-bedroom units; iv. the prohibition on north facing projecting balconies below the 12th floor of the north tower; and v. maximum tower heights of 24 storeys (north tower) and 38 storeys (south tower), plus mechanical penthouses with a separation distance of 25 metres; b. City Council has enacted a valid road closure by-law to permanently close to vehicular and pedestrian traffic a portion of Guest Avenue being approximately 316.9 square metres bisecting the site as depicted on Confidential Appendix C to the report (July 7, 2021) from the City Solicitor; c. the owner has entered into and satisfied the obligations of a land exchange agreement with terms set out in paragraph 5 of Confidential Appendix A to the report (July 7, 2021) from the City Solicitor, whereby the portion of Guest Avenue set out in Part 4.b above would be conveyed to the Owner, and those portions of the Site on the west side and south sides of the Site respectively (as shown on Confidential Appendix C to the report (July 7, 2021) from the City Solicitor) would be conveyed to the City, with any difference in value of the lands in favour of the Owner being paid from the Owner to the City; d. the owner has entered into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement(s) registered on title to 10-30 Dawes Road and the lands set out in Part 4.b above, in a manner satisfactory to the City Solicitor to secure the community benefits and matters of legal convenience at the owner's expense, as set out in Part 5 below; e. the owner has, at the owner's expense: i. submitted a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents (the "Engineering Reports"), including confirmation of water and fire flow, sanitary and storm capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water; ii. addressed all outstanding engineering issues, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memorandum from Engineering and Construction Services, and the General Manager, Transportation Services; iii. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; iv. submitted a pedestrian level wind study acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and that such matters arising from such study, be secured if required; v. submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study, be secured if required; vi. submitted a revised Landscape Plan, including any necessary financial securities, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation and that such matters arising from such study, be secured if required; vii. submitted an Environmental Noise and Vibration Assessment Report acceptable to the Chief Planner and Executive Director, City Planning and that such matters arising from such study, be secured if required; viii. submitted a Transportation Demand Management Plan, including any necessary financial securities 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, be secured if required; and the Plan shall include: 1. mode share targets intended on shifting travel away from passenger cars and required parking; 2. method(s) by which the target mode share and parking rates will be reached (for example - future implementation of a bike share station, car-share or transit pass program); 3. the level of commitment to implement, enforce and maintain the plan moving forward; and 4. expected short-term and long-term outcomes; should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the owner prior to the issuance of the first above-grade building permit for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment. ix. secured off-site parkland in accordance with the terms set out in paragraph 6 of Confidential Appendix A to the report (July 7, 2021) from the City Solicitor for the purpose of dedicating it to the City, or has confirmed that the acquisition of the off-site parkland is not feasible, in accordance with the terms set out in paragraph 6 of Confidential Appendix A to the report (July 7, 2021) from the City Solicitor; f. the owner has entered into a Heritage Easement Agreement with the City for the property at 10 and 10A Dawes Road in accordance with the plans and drawings prepared by IBI Group Architects (Canada) Inc. and dated April 12, 2021, and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by ERA Architects, dated April 6, 2021 and in accordance with the Conservation Plan required in Part 4.g below, to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor; and g. the owner has provided a detailed Heritage Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 10 and 10A Dawes Road, prepared by ERA Architects, dated April 6, 2021, to the satisfaction of the Senior Manager, Heritage Planning. 5. City Council authorize the entering into of an Agreement pursuant to Section 37 of the Planning Act as follows, satisfactory to the City Solicitor: a. the community benefits offered in the Settlement Offer and recommended to be secured in the Section 37 Agreement are as follows: i. the design, construction, and finishing of a non-profit licensed child care facility to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Director, Children Services to accommodate at a minimum 62 children, including infants, toddlers and preschoolers, comprising of 875 square metres of interior space and 573 square metres of exterior space adjacent to the interior space ("Child Care Centre"), including outdoor storage, and the provision for a child pick-up and drop-off area including: 1. the conveyance of the Child Care Centre at no cost to the City, in fee simple, prior to first occupancy of the development; 2. on, or prior to, the conveyance of the child care facility, the City and the owner enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Child Care Centre; 3. a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Child Care Centre complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer and Treasurer, will be provided to the City prior to the issuance of the first above grade building permit to secure the Child Care Centre; 4. a one-time cash contribution in the amount of $250,000 to the Child Care Capital Reserve Fund to be used towards start-up costs, to replace appliances and large equipment due to wear and tear, to be paid prior to the child care facility being made available to the City; 5. a one-time cash contribution in the amount of $250,000 towards toys, furnishing and equipment in accordance with provincial and municipal standards based on a mutually agreeable inventory list provided by the Child Care Centre Operator and/or the General Manager, Children's Services, which will be finalized and approved by the General Manager, Children's Services; 6. two (2) dedicated parking spaces will be provided free-of-charge for the use of Child Care Centre staff and three parking spaces will be provided free-of-charge for pick up/drop off during operating hours (7:00 a.m. to 6:00 p.m., Monday to Friday); and 7. all cash contributions shall be indexed upwardly in accordance with the Construction Price Index, calculated from the date of the Section 37 Agreement to the date of payment; ii. the cash contribution of sixty six thousand six hundred and sixty seven ($66,667.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Site and to be allocated toward funding a transportation study at key intersections within the secondary plan area, including Main Street and Stephenson Avenue, Main Street and Danforth Avenue and Main Street and Gerrard Street East, to identify and design streetscape improvements at these intersections for the purpose of improved pedestrian and cyclist safety, functionality and an improved public realm, at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor; iii. the cash contributions referred to in Parts 5i and ii shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; and iv. in the event the cash contribution referred to in Part 5ii above has not been used for the determined purpose within three (3) years after the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands; and b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. the construction and maintenance, at its own expense, an area of not less than 130 square metres at the south end of the site as generally shown on Plan ASK01 of Confidential Appendix B to the report dated July 7, 2021 from the City Solicitor for use by the general public as Privately Owned Publicly Accessible Open Space with the specific location, configuration and design to be determined and secured in the context of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning [balance redacted] ; ii. [redacted] ; iii. should the owner acquire either 15 Barrington Avenue or 13 and 15 Barrington Avenue toward satisfaction of Section 42 of the Planning Act, the statutory parkland dedication referred to in Part 3, and the Section 118 Restriction for the statutory parkland dedication; iv. prior to the earlier of site plan approval or issuance of any building permit, the conveyance on terms set out in the Section 37 Agreement, of an easement in favour of the City in perpetuity, including support rights as applicable, for public use of the Privately Owned Publicly Accessible Open Space, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; v. the conveyance of a permanent above-grade surface easement for at-grade pedestrian movement with a width of 2.5 metres and an area of 134 square metres as shown on Confidential Appendix C to the report (July 7, 2021) from the City Solicitor; prior to the final above-grade building permit for the Development and prior to the termination of any Construction License or Street Occupation Permit that may be issued by the City in respect of the lands that are subject to be the Surface Easement, the Owner will convey to the City the Surface Easement; vi. the Development Charge credit referred to in Part 6 below; vii. prior to site plan approval for the property located at 10 and 10A Dawes Road the owner shall: 1. provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Part 3.g above to the satisfaction of the Senior Manager, Heritage Planning; 2. provide a Heritage Lighting Plan that describes how the exterior of 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; 3. provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning; and 4. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; viii. prior to the issuance of any permit for all or any part of the property 10 and 10A Dawes Road, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the owner shall: 1. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 3.g 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; 2. 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, Lighting Plan, Interpretation Plan and Landscape Plan; and 3. provide full documentation of the existing heritage property, including two printed sets of archival quality 8 inch x 10 inch colour photographs with borders in a glossy or semi-gloss finish and one digital set on a CD in tagged image file format and 600 dots per inch 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; ix. prior to the release of the Letter of Credit required in Part 5.b.viii. 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 and the required interpretive work has been completed in accordance with the Conservation 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. x. the construction and maintenance of the development in accordance with the Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of PG23.9 of the Planning and Growth Management Committee, and as may be further amended by Council from time to time; xi. the owner shall include warning clauses and signage of the Toronto Catholic District School Board and the Toronto District School Board in the conditions of site plan approval and subsequently within any agreements of purchase and sale or tenant lease agreements for the proposed units, to the satisfaction of the Chief Planner and Executive Director, City Planning; xii. the owner shall implement any required recommendations and/or mitigation measures from the accepted Environmental Noise and Vibration Assessment Report, wind study analysis, Traffic Impact Study, Traffic Demand Management Plan, Landscape Plan, Parking and Loading Study, through the Site Plan approval process for the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning; xiii. the owner shall incorporate Metrolinx's requirements addressing construction measures, warning clauses and other rail safety requirements, during the site plan review process to the satisfaction of the Chief Planner and Executive Director, City Planning; and xiv. prior to the commencement of any excavation and shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related details: 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, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the City Solicitor. 6. City Council approve a development charge credit against the Water, Sanitary Sewer, and Storm Water Management components of the Development Charges applicable to the development, for any servicing works undertaken by the owner which benefit other properties, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the development charge credit shall be in an amount that is equal to the cost of any improvements that are in excess of the improvements necessitated by and attributable to the development, but not to exceed: a. the actual cost of the work identified in the Master Functional Servicing Report for Character Area C of Official Plan Amendment 478 that is undertaken by the owner and b. the Water, Sanitary Sewer, and Storm Water Management components of the Development Charges applicable to the development. 7. City Council direct that the following matters be resolved at the time of and through the Site Plan Approval process for the proposed development: a. securing enhanced materiality of the extension of Guest Avenue towards Dawes Road; b. securing high-quality design materials; c. securing public easements over the Privately Owned Publicly Accessible Open Space; and d. securing appropriate green standards as part of the Toronto Green Standard. 8. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendix A to the report (July 7, 2021) from the City Solicitor is now public with redactions, the City Solicitor having exercised the City Solicitor's discretion to make it public with redactions, and can be accessed under Background Information (City Council). Confidential Appendices B Part 1, B Part 2, and C to the report (July 7, 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 adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, and Confidential Appendices A to C, only at the City Solicitor's discretion, 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.
MM35.24amended
Fireworks set off in urban areas have adverse effects on the livelihoods of local residents: 1) they cause excessive property damage, noise, and costs to the surrounding communities; 2) the misfiring, misuse, or malfunctioning of fireworks disproportionately affects children and youth; and 3) wild and domestic animals become disoriented by the loud noises and explosions, causing unnecessary confusion and anxiety. Celebrations with fireworks also impact both human health and the environment. Studies have shown that firework displays produce large amounts of particulate matter, contributing to pollution and poor air quality in adjacent areas. The exposure to particulate matter is correlated with exacerbating underlying health conditions and increased mortality risks. The City of Vancouver has taken steps to restrict the sale of consumer fireworks and explore measures to enforce compliance with the restriction. The City of Toronto could benefit from implementing measures that ensure the health and safety of local residents regarding fireworks.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the Executive Director, Municipal Licensing and Standards and the Fire Chief and General Manager, Toronto Fire Services, in consultation with relevant City divisions to report in the fourth quarter of 2021, to the General Government and Licensing Committee on the feasibility of restricting the retail sale of family fireworks to the public and restricting the use of family fireworks by the public. 2. City Council request the Executive Director, Municipal Licensing and Standards and the Fire Chief and General Manager, Toronto Fire Services, in consultation with the General Manager, Parks, Forestry and Recreation, to explore as part of the COVID-19 Unpermitted Fireworks Action Plan: a. a review and jurisdictional scan of vendor licensing fees, including options to adjust fee structures to help fund increased enforcement; b. creating stronger policies to revoke temporary vendor permits linked to illegal firework use; and c. monitoring and evaluating data on complaints including location and time of day, and implications for how enforcement resources are deployed, and report back to the General Government and Licencing Committee by the end of 2021.
Staff recommendation as filed
Councillor Frances Nunziata, seconded by Councillor Mark Grimes, recommends that: 1. City Council request the Executive Director, Municipal Licensing and Standards and the Fire Chief and General Manager, Toronto Fire Services, in consultation with relevant City divisions to report in the fourth quarter of 2021, to the General Government and Licensing Committee on the feasibility of restricting the retail sale of family fireworks to the public and restricting the use of family fireworks by the public.
CC35.25adopted
The City brought a motion for leave to appeal a decision of the Local Planning Appeal Tribunal (the "Tribunal") approving an application by Canadian National Railway and Toronto Terminals Railway made pursuant to section 53 of the Planning Act for certain airspace over the rail corridor between Spadina Avenue and Blue Jays Way at 18D York Street subject to certain conditions. The Divisional Court granted the City leave to appeal on January 18, 2021. This report provides information on recent developments concerning the lands at issue and the status of the appeal.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct that the legal advice and information in Confidential Attachment 1 to the report dated (July 7, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (July 7, 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 and information that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (July 7, 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 direct that the legal advice and information contained in Confidential Attachment 1 to the report dated (July 7, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.
MM35.25amended
City Planning staff have received a request from the High Park Club located at 100 Indian Road on the west side of Indian Road, east of Parkside Drive and north of The Queensway, to temporarily expand their outdoor patio space. The proposed outdoor patio space is to occupy a portion of the north parking lot, and the existing rear second storey balcony of the existing building. Both locations are entirely within private property, and are not subject to the CaféTO program. The site has an existing licensed outdoor patio space on the rear covered ground floor verandah and it is the club's intention to expand the licence to the proposed outdoor patio space. The High Park Club functions as recreational curling, lawn tennis and occasional banquet hall, and provides a local attraction which offers food and beverage services. The food and beverage service meets the definition of a restaurant or bar as set out in Ontario Regulation 345/20, to which the patio is an accessory. Since the beginning of the COVID-19 pandemic, the Club has suffered closures due to the limitations on indoor public gatherings. The proposed outdoor patio space would provide an opportunity for the High Park Club to operate by shifting their capacity from indoor space to outdoor patios, as they adjust to physical distancing and indoor gathering requirements related to the COVID-19 pandemic. Staff are of the opinion that adding a temporary Site-specific relief for additional outdoor patio space is supportable and does not cause undue impacts on the surrounding residential neighbourhood. The proposed temporary use supports an important economic sector, on a temporary basis, and complements the CaféTO program, by providing an opportunity to create additional temporary outdoor patio space on site.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council enact the Zoning By-law Amendment for 100 Indian Road substantially in accordance with Attachment 1 to Motion 1 by Councillor Gord Perks. 2. City Council direct that approval be subject to the following conditions: a. signage will be posted in a prominent location to remind people to be considerate of the surrounding community; b. the patio be closed at 10:00 p.m., from Sunday to Thursday, and 11:00 p.m., from Friday to Saturday; c. a telephone number will be provided for neighbours to register concerns or complaints directly with management; and d. there will be no outdoor music, performances and dancing, or amplified sound on the patios, and doors and windows to the establishments will not be left or propped open while there is music or amplified sound inside. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Zoning By-law Amendment as may be required.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Mike Layton recommends that City Council adopt the following recommendations in the report (June 25, 2021) from the Chief Planner and Executive Director, City Planning: 1. City Council enact the Zoning By-law Amendment substantially in accordance with Attachment 1 to the report from the Chief Planner and Executive Director, City Planning Division dated June 25, 2021. 2. City Council direct that approval be subject to the following conditions: a. signage will be posted in a prominent location to remind people to be considerate of the surrounding community; b. the patio be closed at 10 P.M., from Sunday to Thursday, and 11 P.M., from Friday to Saturday; c. a telephone number will be provided for neighbours to register concerns or complaints directly with management; and d. there will be no outdoor music, performances and dancing, or amplified sound on the patios, and doors and windows to the establishments will not be left or propped open while there is music or amplified sound inside. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Zoning By-law Amendment as may be required.
CC35.26amended
On February 23, 2016, the City received a Zoning By-law Amendment application for 22 Balliol Street to permit a 38 storey (119.25 metre not including mechanical penthouse) mixed-use (retail and residential) rental building containing 425 dwelling units. The applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment (the "Appeal") to the Local Planning Appeal Tribunal, now the Ontario Land Tribunal, on October 26, 2017. At its meeting of January 30 and 31, 2019, City Council directed the City Solicitor, along with appropriate staff, to oppose the application at the Local Planning Appeal Tribunal. A twelve day hearing was originally scheduled to commence at the Local Planning Appeal Tribunal on June 15, 2020. Due to the Covid-19 pandemic, this hearing was cancelled and rescheduled for a twelve day hearing scheduled to commence at the Ontario Land Tribunal on September 27, 2021.
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 Josh Matlow. 2. City Council authorize the public release of the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Josh Matlow. 3. City Council direct that Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor remain confidential. The confidential instructions to staff in the confidential attachment to motion 1 by Councillor Josh Matlow were adopted by City Council and are now public as follows: 1. City Council not accept the "with prejudice" settlement offer as described in Public Attachment 1 to the report (July 7, 2021) from the City Solicitor. 2. City Council not accept the "without prejudice" settlement offer as described in Confidential Appendix A to the report (July 7, 2021) from the City Solicitor. 3. City Council instruct the City Solicitor and appropriate City Staff to continue discussions with the applicant, and should a satisfactory settlement be arrived at prior to the start of the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing, City Council authorize the City Solicitor to settle the matter after consultation with the local Councillor. 4. City Council instruct the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter to oppose the development detailed in the "with prejudice" settlement offer, and City Council authorize the City Solicitor to retain outside consultants as required. 5. If the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) approves the development detailed in the "with prejudice" settlement offer, in whole or in part, or approves a future settlement the applicant and City agree to, 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 which addresses the May 18, 2016 Memorandum from Engineering and Construction Services, including confirmation of water and fire flow, sanitary and storm water capacity, and a Storm Water Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has submitted an updated Hydrogeological Report and supporting documents addressing any on-site groundwater to the satisfaction of the General Manager, Toronto Water; d. the owner pays for and constructs any improvements to the municipal infrastructure in connection with the Functional Servicing Report and Hydrogeological Report, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development arising from the accepted engineering reports; and e. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the satisfaction of the City Solicitor, securing community benefits and matters of legal convenience to support the development. Confidential Attachment 1, including Confidential Appendix A to the report (July 7, 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 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 7, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, and Confidential Appendix A to the report (July 7, 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 7, 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.
MM35.26adopted
This Motion requests authority from Council to amend the 2021 Council Approved Capital Budget and 2022-2030 Capital Plan for Parks, Forestry and Recreation in the amount of $0.042 million for the installation of a new shade structure and a safety fence around the perimeter of Cy Townsend Park, which abuts a busy road. The park improvements are required this year to address community concerns and are fully funded by Section 45 funds obtained from the development at 109 Vaughan Road (Source Account XR3028-4500202). These funds have been received and are eligible for these purposes. Operating impacts, if required, will be submitted for consideration through future budget submissions.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council amend the Council Approved Parks, Forestry and Recreation 2021-2030 Capital Budget and Plan to create a new capital sub-project known as Cy Townsend Park Improvements in the Park Development project, with project cost and cash flow in 2021 of $0.042 million, fully funded by Section 45 funds obtained from the development at 109 Vaughan Road (Source Account XR3028-4500202), for the purpose of installing a shade structure and safety fence.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Layton, recommends that: 1. City Council amend the Council Approved Parks, Forestry and Recreation 2021-2030 Capital Budget and Plan to create a new capital sub-project known as Cy Townsend Park Improvements in the Park Development project, with project cost and cash flow in 2021 of $0.042 million, fully funded by Section 45 funds obtained from the development at 109 Vaughan Road (Source Account XR3028-4500202), for the purpose of installing a shade structure and safety fence.
CC35.27amended
The purpose of this report is to seek further instructions respecting the appeal of the Official Plan and Zoning By-law Amendment applications for 40, 42, 44, 46 and 48 Hendon Avenue, currently before the Ontario Land Tribunal (the "OLT"). An eight-day OLT hearing is scheduled to commence on August 30, 2021. This report has been prepared in consultation with City Planning.
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 7, 2021) from the City Solicitor, as amended by motion 1 by Councillor John Filion. 2. City Council authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor as amended by motion 1 by Councillor John Filion; and b. Confidential Appendices A and B to the report (July 7, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 7, 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 7, 2021) from the City Solicitor, as amended by motion 1 by Councillor John Filion were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer dated June 17, 2021, in Confidential Appendix A and the revised plans dated May 5, 2021, in Confidential Appendix B to the report (July 7, 2021) from the City Solicitor, subject to Part 2 to 9 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 Settlement Offer dated June 17, 2021, in Confidential Appendix A and as generally shown on the revised plans dated May 5, 2021, in Confidential Appendix B to the report (July 7, 2021) from the City Solicitor. 3. City Council authorize the entering into of an Agreement pursuant to Section 37 of the Planning Act as follows, satisfactory to the City Solicitor: a. the density incentives recommended to be secured in the Section 37 Agreement are as follows: i. a bicycle storage area within the underground garage with a minimum size of 72.5 square metres; and ii. an indoor amenity space with a minimum size of 45 square metres. 4. City Council direct that as a legal convenience to support development, if approved by the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal), the Section 37 Agreement will also secure the following matters: a. prior to the issuance of the first above-grade building permit, City Council direct that the Owner shall be required to convey the 232 square metres portion of the development site for public parkland purposes to the satisfaction of the General Manager, Parks, Forestry and Recreation. 5. 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 Amendment and Zoning By-law Amendment applications (the "Application") until such time as the City Solicitor has advised the Tribunal that: a. the form and content of the draft Official Plan and Zoning By-law Amendments have been finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the matters in Parts 3 and 4 above, and other matters in support of the development are secured in a Section 37 Agreement executed by the Owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; c. the Owner has provided a Functional Servicing and Stormwater Management Report and a Hydrogeological Report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services; and d. the Owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing and Stormwater Management Report, and Hydrogeological Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services. 6. 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. 7. City Council approve the acceptance of on-site parkland dedication, subject to the Owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition; the Owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management. 8. City Council authorize the General Manager, Transportation Services to issue a Notice of Study Completion to maintain Hendon Avenue as a through street subject to identifying and including mitigation measures as part of the Environmental Assessment Addendum to address concerns raised by members of the community, in consultation with the local Councillor, and file the Environmental Assessment Addendum to the Uptown Service Road and Associated Network Environmental Assessment Study in the public record for a minimum of 30 days, in accordance with the requirements of the Municipal Class Environmental Assessment and City Council direct the General Manager, Transportation Services to report to the North York Community Council with the recommended mitigation measures by the first quarter of 2022. 9. City Council authorize the City Solicitor and any other City Staff to take such actions as necessary to give effect to City Council's decision. Confidential Appendices A and B to the report (July 7, 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 7, 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 recommendations contained in Confidential Attachment 1 to this report. 2. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of: a. the confidential recommendations contained in Confidential Attachment 1, with the remainder of the Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege; and b. Confidential Appendices A and B.
MM35.27adopted
The Rockcliffe-Smythe area is located in Ward 5 (York South-Weston) and is within the regulatory floodplain of Black Creek. Many properties within the regulatory floodplain of Black Creek experience surface and basement flooding during severe storms. This is a result of riverine flooding and the overloading of the City of Toronto's sewer system. The City of Toronto, in partnership with the Toronto and Region Conservation Authority, is working to implement a flood mitigation strategy for the area adjacent to Black Creek. In 2014, the Toronto and Region Conservation Authority completed the Black Creek (Rockcliffe Area) Riverine Flood Management Class Environmental Assessment. In 2018, the Toronto and Region Conservation Authority completed new hydraulic modeling for this area, with the results indicating that flood remediation solutions proposed in the 2014 Environmental Assessment would not protect the most vulnerable properties from frequently occurring flooding, leading the City and the Toronto and Region Conservation Authority to undertake a Flood Remediation and Transportation Feasibility Study ("the Study"). The Study, completed in 2020 led to the commencement of the Rockcliffe Riverine Flood Mitigation Project Municipal Class Environmental Assessment (the "Rockcliffe Environmental Assessment"), launched on January 21, 2021 and currently underway. On June 16, 2021, the City and the Toronto and Region Conservation Authority held the first of two Public Information Centres for the Rockcliffe Environmental Assessment. At the Public Information Centres the City and the Toronto and Region Conservation Authority provided an overview of the flood mitigation strategy, a background on alternative solutions, and an outline to facilitate future flood mitigation projects. At this stage of the Environmental Assessment, the alternatives focus on solutions at a high level. In accordance with the Environmental Assessment process, design options for the preferred solution, will be undertaken and evaluated in the next phase of work.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the General Manager, Transportation Services and the General Manager, Toronto Water to work with the Toronto and Region Conservation Authority to explore opportunities to naturalize the Black Creek Channel as a part of establishing the alternative design options for the Rockcliffe Riverine Flood Mitigation Project Municipal Class Environmental Assessment and report on its findings as part of the environmental assessment process.
Staff recommendation as filed
Councillor Frances Nunziata, seconded by Councillor Ana Bailão, recommends that: 1. City Council request the General Manager, Transportation Services and the General Manager, Toronto Water to work with the Toronto and Region Conservation Authority to explore opportunities to naturalize the Black Creek Channel as a part of establishing the alternative design options for the Rockcliffe Riverine Flood Mitigation Project Municipal Class Environmental Assessment and report on its findings as part of the environmental assessment process.
CC35.28deferred
The City was inadvertently conveyed surplus parkland as part of the development application at 2131 Yonge Street and 32 Hillsdale Avenue East (the "Transfer"). This report seeks instruction to correct the Transfer by re-conveying the surplus parkland back to the applicant. On February 10, 2016, the City entered into agreement with 2131 Yonge Developments GP Limited (the "Applicant") under s.37 of the Planning Act (the "Section 37 Agreement"). Under the Section 37 Agreement, the Applicant agreed to provide facilities to the City in exchange for increases to the height and density permitted under the applicable zoning by-law. The facilities included providing the City with 1,100 square metres of parkland, to the satisfaction of the General Manager, Parks Forestry and Recreation of the City of Toronto. The parkland area was generally defined as Parts 4 to 11 on the draft reference plan attached to the Section 37 Agreement (the "Draft Reference Plan"). The Draft Reference Plan became Registered Reference Plan 66R-29414. On May, 14, 2020, the Applicant conveyed the City Parts 4 - 13, and 15 on Registered Reference Plan 66R-29414. In late 2020, the Applicant's solicitor became aware that Parts 13, and 15 were inadvertently conveyed to the City and were not required to meet the obligations under the Section 37 Agreement. Following review by staff, it was determined that Part 15 contains gas meters, and Part 13 contains an encroaching garage. Staff from Parks Forestry and Recreation and Legal Services have reviewed the original transfer and concur that Parts 13 and 15 should not form part of the parkland, and should be re-conveyed back to the Applicant. Staff from Parks, Forestry and Recreation do not want Parts 13 and 15 to be included in the parkland.
City Council on July 14, 15 and 16, 2021, deferred consideration of Item CC35.28 to the September 30 and October 1, 2021 meeting of City Council.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council authorize the City Solicitor to take the necessary steps to transfer the lands described as Parts 13 and 15 on Reference Plan 66R-29414 back to the Applicant, for nominal consideration, at the Applicant's expense and to the satisfaction of the City Solicitor.
MM35.28adopted
Following service level reductions approved through the City's budget process, complaints from residents regarding the decline in the number of grass or shrub cuts per year on our boulevards, traffic islands and center medians and the quality of work completed by staff and our contractors in Etobicoke Centre have drastically increased in recent years. As part of the service guidelines, Transportation Services will maintain street trees, hedges and shrubs that were planted by the City, as well as vegetation and street trees planted in traffic islands and centre medians. Locations that receive grass cutting service under Transportation Services Right of Way Grass Cutting Contracts may be cut up to seven times per season. Weather conditions may play a role in determining the actual amount of cuts required. The reduced service levels have resulted in a state of disrepair for many of our traffic islands, centre medians and parkettes. In some cases the City fails to meet the property standards expected of residents, or creates situations where the integrity of the plant materials are degraded due to aggressive cuts spaced too far apart. Visual comparison of these locations using a tool like Google Street View confirm what the neighbours have observed over time, deteriorated conditions over the years which detract from the beauty and enjoyment of our streets. It is important to recognize that annual weather variation can affect appearances and growth rates year-to-year. It is also worth noting significant recent effort by staff to improve contract management and oversight as well as communications on this program. However, a re-examination of the service levels are needed to ensure the long term health and vigor of the plant materials, and flexibility to address annual weather changes. I am requesting that the General Manager, Transportation Services, develop a plan to restore our traffic islands and centre medians to the state they were several years ago.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the General Manager, Transportation Services to review the service level for the current Transportation Services Right of Way Grass Cutting Contracts including the number of cuts per year on the City's boulevards, traffic islands and center medians, and report to the Budget Committee on any changes.
Staff recommendation as filed
Councillor Stephen Holyday, seconded by Councillor Michael Ford, recommends that: 1. City Council request the General Manager, Transportation Services to review the service level for the current Transportation Services Right of Way Grass Cutting Contracts including the number of cuts per year on the City's boulevards, traffic islands and center medians, and report to the Budget Committee on any changes.
MM35.29adopted
The Intergovernmental Panel on Climate Change reported in 2018 that, globally, we must achieve net zero in greenhouse gas emissions by the middle of this century in order to have a reasonable chance of limiting global warming to 1.5 degrees Celsius. Changes in Toronto's climate are already being felt through hotter/drier summers, with increased number of hot days over 30 degrees, increased intensive rainfall causing flooding, and more severe winter storms. We can't wait any longer for action. Our youth and future generations have the most to lose from a lack of immediate action to stop fossil fuel expansion as they face major and lifelong health, ecological, social and economic impacts from prolonged and cumulative effects of climate change, including food and water shortages, infectious diseases and natural disasters and entire communities are impacted by the health and safety risks of fossil fuel expansion, especially those who also face socioeconomic and health inequities. The recent pandemic has exacerbated many existing climate impacts affecting vulnerable communities, especially for residents experiencing homelessness, those who have recently become unemployed, seniors, and low-income communities, all of which are particularly vulnerable to extreme weather conditions. Global governments and the fossil fuel industry are currently planning to produce about 120 percent more emissions by 2030 than what is needed to limit warming to 1.5 degress Celsius and avert catastrophic climate disruption, and such plans risk undoing the work of our city to reduce greenhouse gas emissions. The economic and job opportunities presented by a clean energy transition far outweigh the opportunities presented by an economy supported by expanding fossil fuel use and extraction. The City of Toronto is committed through TransformTO and the Toronto Office of Rebuild and Recovery to a just energy transition and to ambitious investments in the green infrastructure and industries that will create jobs and rapidly decarbonize our economy. A new global initiative is underway calling for a Fossil Fuel Non-Proliferation Treaty that would end new fossil fuel exploration and expansion, phase out existing production in line with the global commitment to limit warming to 1.5 degrees Celsius, and accelerate equitable transition. Support is building internationally, with 101 Nobel Laureates and an open letter signed by 1300 scientists and academics. The City of Vancouver has also signed on to support the call. City Council should act now to add Toronto's support to this important commitment.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council formally endorse the call for a Fossil Fuel Non-Proliferation Treaty. 2. City Council request the City Manager to send a letter to the Prime Minister of Canada requesting the Federal Government to negotiate a global treaty for the non-proliferation of fossil fuels. 3. City Council affirm its ongoing commitment to the goals of the Paris Climate Agreement and the greenhouse gas reduction targets and aspires to meet its proportionate greenhouse gas reductions.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Shelley Carroll, recommends that: 1. City Council formally endorse the call for a Fossil Fuel Non-Proliferation Treaty. 2. City Council request the City Manager to send a letter to the Prime Minister of Canada requesting the Federal Government to negotiate a global treaty for the non-proliferation of fossil fuels. 3. City Council affirm its ongoing commitment to the goals of the Paris Climate Agreement and the greenhouse gas reduction targets and aspires to meet its proportionate greenhouse gas reductions.
MM35.30amended
The Province is proceeding with a number of transit projects in the City of Toronto, including the Ontario Line, Scarborough Subway Extension, Yonge North Subway Extension and Eglinton Crosstown West Extension. Through these projects, some City-owned land has been identified as being required by Metrolinx, the provincial transit agency, to facilitate the timely and cost-effective delivery of new higher-order transit. There remain significant questions about not only how much, but if the province is required to properly compensate the City for expropriation of City-owned land. One such group of City-owned properties are 271 Front Street East and 25 Berkeley Street, colloquially known as the First Parliament Site. Metrolinx initiated expropriation proceedings with the City of Toronto in January 2021, and since that time, have been aggressively seeking possession of these lands to facilitate construction of an Ontario Line Corktown station nearby. Meanwhile, Infrastructure Ontario has continued to push plans for a significant redevelopment of these properties post-station construction, using the newly acquired lands to help offset the costs of building transit by seeking to sell the properties to a private developer. The most recent updates have indicated Metrolinx has issued a Notice of Expropriation for the First Parliament Site properties and have registered on title a Plan of Expropriation with possession expected by August 31, 2021. To my understanding, although the agreed upon price and other transaction details have not been finalized, the Province now effectively owns the lands despite there being no financial agreement in place to compensate the City for the loss of valuable property near the heart of the downtown. The Province of Ontario adopted expropriation proceedings in order to expedite the delivery of transit across the province, and in doing so created the BFTA. This aggressive timeline, and fast-tracked approval has shut out City Council and the local community from consultation on the lands, the business transaction as well as a fulsome understanding of potential future developments as part of Metrolinx's Transit-Oriented Communities program. The regulations of BTFA are largely still not broadly understood and have exposed many worrying questions in the City of Toronto, and it will no doubt impact many unexpecting municipalities across Ontario. City staff have submitted their position to Metrolinx requesting them to create a publicly owned public square and preserve in situ any archeological resources; create a library and associated public space; create a public park, and create an interpretive centre as outlined in the First Parliament Master Plan. Additional City priorities will be identified through the City Planning development review process, including affordable housing. A clear accounting of what business transactions are occurring between City staff and the Province through organizations like Metrolinx and Infrastructure Ontario is critical for ensuring a transparent process and to ensure City Council and communities under threat of expropriation understand the depth of power as provided under the BFTA.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct the City Manager to report to the October 27, 2021 meeting of the Executive Committee on the following questions: a. How many meetings with the Province, through Metrolinx and other Provincial agencies, have City staff had regarding expropriation of City-owned properties? b. Explain in detail and sequence, the process for the expropriation and related business transaction the City staff are undertaking through their negotiations with Metrolinx and the Province of Ontario. c. What are the regulatory and financial differences between municipally-owned land expropriations under the Expropriations Act and municipally-owned land expropriations under the Building Transit Faster Act? d. Is the First Parliament Site located at 271 Front Street East and 25 Berkeley Street subject to the Expropriations Act or Building Transit Faster Act? e. Does the Province, through an agency like Metrolinx, need to justify the expropriation of the municipal lands through a process such as a Hearing of Necessity? f. Would the Province, through an agency like Metrolinx, be able to expropriate privately owned land without a Hearing of Necessity? g. Has or will a financial transaction be settled with the Province ahead of the possession of the First Parliament Lands on August 31, 2021 to ensure the City is properly compensated for the loss of these significant parcels of property and where will these funds be directly - general budget reserves or project specific funding? h. Is there any mandatory requirement by the Province under this expropriation process occurring at the First Parliament Site that the City must be compensated fair market value for the loss of these significant parcels of property? i. In the event of redevelopment of the First Parliament Site, is there a process to capture community benefits, as outlined in the Master Plan, and what is it and how does it work? j. If it is not expected to be a typical section 37 Planning Act process, what process is expected to be used, if any, to ensure proper community benefits are provided, and how would it differ from Section 37? k. The City has expressed many priorities for the site, including siting a new public square, library, park and commemorative centre on the First Parliament Site through its First Parliament Master Plan document that is under development; is it expected that these community benefits will preclude other community benefits to ensure they are secured? l. Is the City exploring the addition of affordable housing units to the proposed development concepts introduced by Infrastructure Ontario to the First Parliament Site?
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that: 1. City Council direct the City Manager to report to the September 23, 2021 meeting of the Executive Committee on the following questions: a. How many meetings with the Province, through Metrolinx and other Provincial agencies, have City staff had regarding expropriation of City-owned properties? b. Explain in detail and sequence, the process for the expropriation and related business transaction the City staff are undertaking through their negotiations with Metrolinx and the Province of Ontario. c. What are the regulatory and financial differences between municipally-owned land expropriations under the Expropriations Act and municipally-owned land expropriations under the Building Transit Faster Act? d. Is the First Parliament Site located at 271 Front Street East and 25 Berkeley Street subject to the Expropriations Act or Building Transit Faster Act? e. Does the Province, through an agency like Metrolinx, need to justify the expropriation of the municipal lands through a process such as a Hearing of Necessity? f. Would the Province, through an agency like Metrolinx, be able to expropriate privately owned land without a Hearing of Necessity? g. Has or will a financial transaction be settled with the Province ahead of the possession of the First Parliament Lands on August 31, 2021 to ensure the City is properly compensated for the loss of these significant parcels of property and where will these funds be directly - general budget reserves or project specific funding? h. Is there any mandatory requirement by the Province under this expropriation process occurring at the First Parliament Site that the City must be compensated fair market value for the loss of these significant parcels of property? i. In the event of redevelopment of the First Parliament Site, is there a process to capture community benefits, as outlined in the Master Plan, and what is it and how does it work? j. If it is not expected to be a typical section 37 Planning Act process, what process is expected to be used, if any, to ensure proper community benefits are provided, and how would it differ from Section 37? k. The City has expressed many priorities for the site, including siting a new public square, library, park and commemorative centre on the First Parliament Site through its First Parliament Master Plan document that is under development; is it expected that these community benefits will preclude other community benefits to ensure they are secured? l. Is the City exploring the addition of affordable housing units to the proposed development concepts introduced by Infrastructure Ontario to the First Parliament Site?
MM35.31amended
The Province is proceeding with a number of transit projects in the City of Toronto, including the Ontario Line, Scarborough Subway Extension, Yonge North Subway Extension and Eglinton Crosstown West Extension. Through these projects, some City-owned land has been identified as being required by Metrolinx, the provincial transit agency, to facilitate the timely and cost-effective delivery of new higher-order transit. The Province is permitted to expropriate municipal land under the provincial Expropriations Act and Building Transit Faster Act (BFTA). The acceptance of the statutory compensation under the Expropriation Act and BTFA is delegated to staff under Chapter 213 of the Municipal Code. Prior to the exercise of delegation of approval, the local councillor is to be consulted. While it is helpful to have staff negotiate with the Province on behalf of the City to ensure proper compensation, major transit projects can and will have a massive impact on local communities. One such group of City-owned properties are 271 Front Street East and 25 Berkeley Street, colloquially known as the First Parliament Site. The site in total is comparable in size to Nathan Phillps Square. Infrastructure Ontario is planning the significant redevelopment of these properties post-station construction, using the newly acquired lands to help offset the costs of building transit by seeking to sell the properties to a private developer. The development scheme that has been provided to the City for comments include three towers with a mix of commercial, institutional and residential uses that is estimated to create 740 new residential units and approximately 500,000 square feet of non-residential gross floor area. This project, combined with the Ontario Line expansion, will entail over a decade of construction impacts for the local community. It would be appropriate that rather than allowing this information to be delegated to City Staff behind closed doors that information on compensation arising from provincial expropriation of municipal lands related to higher-order transit expansion be provided to Committee to permit City Councillors and the public to learn the status of negotiations and to ask questions as appropriate. Critically, it would be appropriate for City Council to approve any statutory compensation for expropriations related to major transit expansion rather than delegating approvals to City Staff. In addition, it is appropriate that any statutory compensation resulting from Provincial expropriation be used to create community benefits for the local community, similar to section 37, rather than compensation becoming part of general revenues. If the Provincial government seeks to make investments in public transit and requires the use of expropriation to do so, then it would be appropriate to return the value generated, even partially, from such a transaction back locally into the area through new and/or improved park and open space, affordable housing, community space public art, etc. In the case of the First Parliament Site, the City of Toronto has submitted their position to Metrolinx requesting the creation of a publicly owned public square and preserve in situ any archeological resources; create a library and associated public space; create a public park, and create an interpretive centre as outlined in the First Parliament Master Plan. Additional City priorities will be identified through the City Planning development review process, including affordable housing. Infrastructure Ontario has been clear that, absent of an external source of funding, these expressed community priorities will likely compete with each other to be included on the First Parliament Site. It is unclear whether traditional community benefits, such as through section 37, can be achieved, especially if a Minister's Zoning Order is used to by-pass a traditional development process on lands like the First Parliament Site. Allowing the statutory compensation created through the provincial expropriation of these lands to be returned to the site will assist in maximizing community benefits to the City.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct the Executive Director, Corporate Real Estate Management, to report to the October 27, 2021 meeting of the Executive Committee with recommendations to permit City Councillors to seek City Council approval of business transactions related to the expropriation of municipal land by Provincial and Federal governments related to the creation of higher-order transit. 2. City Council direct the Executive Director, Corporate Real Estate Management, to report to the October 27, 2021 meeting of the Executive Committee with recommendations to replace delegated staff authority with City Council approval of all claims and Offers of Compensation related to the expropriation of City-owned properties at 271 Front Street East and 25 Berkeley Street. 3. City Council direct the Executive Director, Corporate Real Estate Management, to report back to the Executive Committee in first quarter of 2022, on a process for returning statutory compensation generated through Provincial and Federal expropriation of municipal lands back to the local community.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that: 1. City Council direct the Executive Director, Corporate Real Estate Management, to report to the September 23, 2021 meeting of the Executive Committee with recommendations to permit City Councillors to seek City Council approval of business transactions related to the expropriation of municipal land by Provincial and Federal governments related to the creation of higher-order transit. 2. City Council direct the Executive Director, Corporate Real Estate Management, to report to the September 23, 2021 meeting of the Executive Committee with recommendations to replace delegated staff authority with City Council approval of all claims and Offers of Compensation related to the expropriation of City-owned properties at 271 Front Street East and 25 Berkeley Street. 3. City Council direct the Executive Director, Corporate Real Estate Management, to report back to the Executive Committee in first quarter of 2022, on a process for returning statutory compensation generated through Provincial and Federal expropriation of municipal lands back to the local community.
MM35.32adopted
At its meeting on December 17 and 18, 2019, City Council adopted MM13.19 to authorize the General Manager, Transportation Services to negotiate, enter into and execute an agreement, or separate agreements, with either, each or all of 65 King East LP and/or its design consultants and/or construction contractors as the case may be, to design and construct streetscape improvements to City standards for Colborne Street between Church Street and Leader Lane, and Leader Lane between King Street East and Colborne Street. Since that time the developer has expressed interest in expanding the scope of the proposed improvements to include Colborne Lane (an 'L' shaped laneway connecting Colborne Street and Leader Lane) and the south section of Leader Lane between Colborne Street and Wellington Street East. These additional improvements are also consistent with the St. Lawrence Market Neighbourhood Business Improvement Area Master Plan for the local roads bounded by Yonge Street, King Street East, Church Street and Wellington Street East to be transformed over time to reflect the Old Town Character, and to support safe, well designed and highly animated pedestrian focused complete streets. If adopted, this supersedes MM13.19 by expanding the scope of work to include Colborne Lane and the south section of Leader Lane as described above. The Transportation Services Division has scheduled state of good repair work, comprising resurfacing, of these additional two laneways for 2024. Incorporating these improvements as part of the development of 65 King Street East will help to ensure construction is coordinated in this area. The Working Group previously established for construction on Wellington Street East (Yonge Street - Church Street) will also be engaged. It is noted that the developer is currently seeking funding partners to cost-share on this work. Subject to completion of the design and development of funding arrangements to the satisfaction of the General Manager, Transportation Services, the Division has agreed to allocate funding toward the construction of improvement on these two laneways, with the funding allocation to be commensurate with the cost of the scheduled state-of-good-repair at these locations.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council authorize the General Manager, Transportation Services to negotiate, enter into and execute an agreement, or separate agreements, with either, each or all of 65 King East GP Inc. or 65 King East LP (Carttera Developments) at the City's sole discretion and/or its design consultants and/or construction contractors as the case may be, to design and construct state-of-good repair and streetscape improvements to City standards for Colborne Street between Church Street and Leader Lane, Colborne Lane between Colborne Street and Leader Lane, and Leader Lane between King Street East and Wellington Street East as follows: a. the terms and conditions in any agreements shall be to the satisfaction of the General Manager, Transportation Services and in a form satisfactory to the City Solicitor; b. execution of an agreement or agreements for the construction of the proposed state-of-good-repair and streetscape improvements is subject to 65 King East LP satisfying the General Manager, Transportation Services that they have secured sufficient funding to complete the design and construction of the proposed state-of-good-repair and streetscape improvements; c. all relevant City policies as applicable, including the City's Fair Wage Policy, the Labour Trades Construction Obligations in the Construction Industry Policy, and the Declaration of Compliance with Anti-Harassment/Discrimination Legislation Policy, if applicable, shall be complied with in the design of the state-of-good-repair and streetscape improvements; and d. the negotiated fees and costs for all Agreements to design and construct the state-of-good-repair and streetscape improvements shall be fair and reasonable in the opinion of the General Manager, Transportation Services, based on the work involved to implement the improvements and costs for similar work completed in the past.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Mike Layton, recommends that: 1. City Council authorize the General Manager, Transportation Services to negotiate, enter into and execute an agreement, or separate agreements, with either, each or all of 65 King East GP or LP at the City's sole discretion and/or its design consultants and/or construction contractors as the case may be, to design and construct state-of-good repair and streetscape improvements to City standards for Colborne Street between Church Street and Leader Lane, Colborne Lane between Colborne Street and Leader Lane, and Leader Lane between King Street East and Wellington Street East as follows: a. the terms and conditions in any agreements shall be to the satisfaction of the General Manager, Transportation Services and in a form satisfactory to the City Solicitor; b. execution of an agreement or agreements for the construction of the proposed state-of-good-repair and streetscape improvements is subject to 65 King East LP satisfying the General Manager, Transportation Services that they have secured sufficient funding to complete the design and construction of the proposed state-of-good-repair and streetscape improvements; c. all relevant City policies as applicable, including the City's Fair Wage Policy, the Labour Trades Construction Obligations in the Construction Industry Policy, and the Declaration of Compliance with Anti-Harassment/Discrimination Legislation Policy, if applicable, shall be complied with in the design of the state-of-good-repair and streetscape improvements; and d. the negotiated fees and costs for all Agreements to design and construct the state-of-good-repair and streetscape improvements shall be fair and reasonable in the opinion of the General Manager, Transportation Services, based on the work involved to implement the improvements and costs for similar work completed in the past.
MM35.33adopted
The Berry Road Food Co-op Project was initiated in 2016 to address a food desert in the Stonegate neighbourhood in Ward 3. Through the development application process, residents stressed the need for food providers in the area. Space for the not-for-profit food co-operative was incorporated into the plans for the redevelopment of 144 and 150 Berry Road, and a Section 37 agreement was approved to allocate resources to support the not-for-profit food co-op. An opening date for the food co-op was set for March 2020, and staff were hired and trained. The COVID-19 pandemic delayed the opening, which placed significant strain on the food co-op's resources. There remains a need to provide the food co-op with additional funding to ensure that they can open to serve the residents in this neighbourhood. The intent of this motion is to redirect Section 37 funding from 36 Park Lawn Road in Ward 3 towards the Berry Road Food Co-op, for use towards capital and leasehold improvements including refrigeration, cabinetry, kitchen equipment, and shelving and display. Authority is being sought to amend the 2021 Approved Operating Budget for Non-Program by $50,000 gross, $0 net, fully funded by Section 37 community benefits to provide one-time funding for capital improvements to the Berry Road Food Co-op to supplement fundraising efforts for the 150 Berry Road renovation. Sufficient Section 37 funds to fulfill this motion have been secured and received by the City from the development at 36 Park Lawn Road for the purpose of funding capital facilities within vicinity of the site.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council increase the 2021 Council Approved Operating Budget for Non-Program by $50,000.00 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from 36 Park Lawn Road (Source Account: XR3026-3700561) for the purpose of providing funds to Berry Road Food Co-op for capital improvements and leasehold improvements including refrigeration, cabinetry, kitchen equipment, and shelving and display units (Cost Centre: NP2161). 2. City Council direct that the $50,000.00 be forwarded to the Berry Road Food Co-op, subject to proof that the Co-operative has secured a lease with the property owner Vandyk, and subject to co-operative signing an Undertaking governing the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Frances Nunziata, recommends that: 1. City Council increase the 2021 Council Approved Operating Budget for Non-Program by $50,000.00 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from 36 Park Lawn Road (Source Account XR3026-3700561) for the purpose of providing funds to Berry Road Food Co-op for capital improvements and leasehold improvements including refrigeration, cabinetry, kitchen equipment, and shelving and display units (Cost Centre NP2161). 2. City Council direct that the $50,000.00 be forwarded to the Berry Road Food Co-op, subject to proof that the Co-operative has secured a lease with the property owner Vandyk, and subject to co-operative signing an Undertaking governing the use of the funds and the financial reporting requirements.
MM35.34adopted
The neighbourhoods to the south and west of the downtown core have grown rapidly in the past decade, and they have the potential to grow by tens of thousands of new residents and jobs in the coming years. As a result, our existing parks and public spaces are under increasing pressure to accommodate more people and a greater intensity of activity. We need to work continuously to upgrade, improve, and expand our existing public parks to reflect the evolving needs of local communities. We must also advance the comprehensive Downtown Parks and Public Realm Plan, including the "Core Circle" and "Shoreline Stitch" initiatives to catch up with, and get ahead of, population growth. At the centre of this rapidly growing district, Victoria Memorial Square Park is in immediate need of community engagement on design solutions to challenges in the park along with opportunities to expand the park. I am requesting City staff initiate a new capital project for Victoria Memorial Square Park and, in parallel, advance the recommendations and initiatives in the area from the Downtown Parks and Public Realm Plan. Funds are available from Ward 10 parkland reserve funds (Section 42 Above 5 percent Cash-in-lieu) to support this work.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the General Manager, Parks, Forestry and Recreation, in coordination with the Chief Planner and Executive Director, City Planning, to advance coordinated planning and implementation of the Downtown Parks and Public Realm Plan components serving the rapidly-growing neighbourhoods generally south of Queen Street West and west of University Avenue, including: a. assessing opportunities to improve and enhance park use in the area including but not limited to: Stanley Park, Ordnance Triangle parkland, Victoria Memorial Square Park, Clarence Square Park and Gore Park; b. continuing to actively pursue priorities for parkland acquisition and expansion that provide the greatest enhancement to existing parks and support the increasing population; c. developing a design refresh to Victoria Memorial Square Park, in consultation with the local Ward councillor and local stakeholders, which includes the expansion of the park into excess right-of-way to the north that has been previously endorsed by City Council; d. working with the local Councillor to identify funding sources to implement this work that may include local Ward 10 parkland reserve funds (Section 42 Above 5 percent Cash-in-lieu) and Section 37/45 community benefits, and submit recommendations through the 2022 Budget process; and e. reporting back to the Infrastructure and Environment Committee in the first quarter of 2022 with a status update on this work.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Mike Layton, recommends that: 1. City Council request the General Manager, Parks, Forestry and Recreation, in coordination with the Chief Planner and Executive Director, City Planning, to advance coordinated planning and implementation of the Downtown Parks and Public Realm Plan components serving the rapidly-growing neighbourhoods generally south of Queen Street West and west of University Avenue, including: a. assessing opportunities to improve and enhance park use in the area including but not limited to: Stanley Park, Ordnance Triangle parkland, Victoria Memorial Square Park, Clarence Square Park and Gore Park; b. continuing to actively pursue priorities for parkland acquisition and expansion that provide the greatest enhancement to existing parks and support the increasing population; c. developing a design refresh to Victoria Memorial Square Park, in consultation with the local Ward councillor and local stakeholders, which includes the expansion of the park into excess right-of-way to the north that has been previously endorsed by City Council; d. working with the local Councillor to identify funding sources to implement this work that may include local Ward 10 parkland reserve funds (Section 42 Above 5 percent Cash-in-lieu) and Section 37/45 community benefits, and submit recommendations through the 2022 Budget process; and e. reporting back to the Infrastructure and Environment Committee in the first quarter of 2022 with a status update on this work.
MM35.35adopted
Authority is being sought to release $100,000 in Section 37 funds to The Garden Club of Toronto, a registered charitable organization that play a key role in designing and planting gardens that beautify the city and environs. The monies are to be utilized for Meadoway project. The Garden Club of Toronto is planning a beautiful new Park on The Meadoway on the west side of Pharmacy Avenue, just north of Rannock Street. The future Park will be a jewel in our community - a place where residents can gather and enjoy the natural beauty of The Meadoway year round. Ultimately, the Park will be a place where our growing community can hold markets and educational and cultural events and our children can safely play and learn about our natural ecology. The Garden Club of Toronto has been building parks in the City of Toronto for close to 75 years and we are thrilled they have selected our Ward for this exciting project. Funds have been secured through a Section 37 contribution from the development at the South-west quadrant of Midland Avenue and Lawrence Avenue towards public realm improvements. These funds have been received by the City.
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 $100,000.00 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from the development at the South-west quadrant of Midland Avenue and Lawrence Avenue (Source Account: XR3026-3700167) for implementation of the Meadoway project (Cost Centre: NP2161). 2. City Council direct that the $100,000.00 be forwarded to The Garden Club of Toronto upon the signing of an Undertaking by the Club governing the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor Michael Thompson, seconded by Councillor Gary Crawford recommends that: 1. City Council increase, on a one-time basis, the 2021 Council Approved Operating Budget for Non-Program, by $100,000.00 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from the development at the South-west quadrant of Midland Avenue and Lawrence Avenue (Source Account XR3026-3700167) for implementation of the Meadoway project (Cost Centre NP2161). 2. City Council direct that the $100,000.00 be forwarded to The Garden Club of Toronto upon the signing of an Undertaking by the Club governing the use of the funds and the financial reporting requirements.
MM35.36adopted
This Motion seeks authority to negotiate and enter into a funding agreement with PortsToronto (the "Owner") for the rehabilitation of the Cherry Street Ship Channel bridge approach spans and the Bascule bridge along with the authority to fund, from the approved 2021-2030 Transportation Services Capital Budget, the costs of the design and construction of these works, expected to total approximately $22.0 million over a period expected to be 2021-2025. In addition, and during the same timeframe, PortsToronto will rehabilitate the bridge's lifting mechanisms (mechanical and electrical) at a total cost of approximately $12.0 million. There is an urgent need to progress this work as the Cherry Street Bascule Bridge is at the end of its service life and urgent repairs have been identified to maintain the Bridge in a safe and operable condition. The Cherry Street Bascule Bridge located on Cherry Street, south of Polson Street, carries two lanes of traffic (one northbound and one southbound), as well as sidewalks on both sides, over the Ship Channel in the Port of Toronto. The bridge was constructed in 1931 and consists of a 37 metre long Warren Through Truss Bascule span (a lift bridge activated by counterweights) and a 43 metre long steel girder approach span on both the north and south ends. The north end of the bridge has 750-ton concrete counterweights that allow the bridge to pivot to the open position to allow ships to access the channel. The total length of the bridge is 123 metres and the substructure consists of concrete abutments founded on timber piles. This bridge is the primary roadway connection to the southern Port Lands area (the only other being the single lane Unwin Avenue Bridge). Operational lifting of the Bascule span provides critical access that allows ships to access the channel and the turning basin beyond. The bridge type was designed by American structural engineer Joseph Baermann Strauss, best known as the engineer responsible for the Golden Gate Bridge. This structure is a representative example of a bridge type that is exceptionally rare in Canada and is listed as a heritage structure by the City of Toronto. Financial responsibility for the bridge has been in dispute between the City and PortsToronto for approximately 20 years. During this period, piecemeal repair work has been undertaken which has been insufficient to maintain the bridge in a state-of-good-repair. As a result, the bridge is currently in an advanced state of deterioration. In 2020 the City, through the Transportation Capital Budget, provided funding to PortsToronto for approximately $700,000 in repairs, to enable continued vehicular and pedestrian movement across the bridge. The dispute between the City and PortsToronto has had its origins in the Structured Settlement Agreement - an agreement that was entered into on June 26, 2003 between the City of Toronto, Toronto Port Authority (formerly Toronto Harbour Commissioners, now PortsToronto) and the City's Toronto Economic Development Corporation (subsequently Toronto Port Lands Company, now CreateTO). The Agreement was one of several agreements that formed part of a major settlement of several matters, including a litigation claim that the Toronto Port Authority advanced for the return of approximately 600 acres of land that had been transferred in 1994 from the former Toronto Harbour Commissioners to the City/Toronto Economic Development Corporation. Among other things, the 2003 settlement provided that the claim would be dismissed. City staff will be providing an update on the negotiations for the resolution of any outstanding obligations owed under the Structured Settlement in fourth quarter of 2021/first quarter of 2022. PortsToronto has developed a comprehensive short term rehabilitation program and also completed a life-cycle cost analysis of future operating, maintenance and capital works based on technical evaluations of the bridge and past experience with its operation. Implementation of this rehabilitation program will be undertaken in partnership between the City of Toronto and PortsToronto. City of Toronto will fund the design work and if a satisfactory agreement can be negotiated, the rehabilitation of the Cherry Street Ship Channel bridge approach spans and the Bascule Bridge and PortsToronto will fund the design and rehabilitation of the Bascule lift bridges' electrical and mechanical components. The rehabilitation work will be undertaken from 2022-2025. To enable this, design work needs to commence now. The proposed bridge rehabilitation agreement will need to address PortsToronto's acknowledgment of the City's satisfaction of any outstanding obligations owed by the City under the Structured Settlement Agreement from 2003 with respect to the Bascule Bridge and other Structured Settlement Agreement issues. This urgent rehabilitation work, needs to be tendered in late 2021 in order to commence in 2022, to ensure public safety and maintain Cherry Street open to vehicular traffic. Most critically, the concrete deck of the north and south approach spans is in very poor condition and has already experienced localized concrete failures. Delay to the replacement of the approach span super-structures could result in deck punch throughs, creating an unsafe condition and thereby limiting the allowable loads that can cross the bridge, or the potential closure of the Bridge altogether. City Council authority is now required to authorize the appropriate City staff to negotiate, enter into, and execute a funding agreement with PortsToronto to commence the design and construction for the rehabilitation work at an anticipated cost to the City of up to $22 million to be funded from the Approved 2021-2030 Capital Budget and Plan for Transportation Services. City Council authority is also required to enable Transportation Services to pay PortsToronto up to $2.84 million of the estimated $22 million design and construction cost to enable design and contract preparation work to proceed while the final details of the Agreement are still being negotiated. City staff will be fully involved in establishing and approving the final scope of the work, providing appropriate standards and details, and in approvals and acceptance of the work. A governance structure that ensures the City's interests are protected during the design and construction work has been agreed in outline and includes a Project Steering Committee and a Project Executive Committee with appropriate senior staff level representation on each. This Motion is required at this time as design works need to commence now to ensure that construction of the urgently needed approach spans rehabilitation can commence early in 2022 to ensure the bridge and the primary access to the Port Land south of the Ship Channel can remain open for traffic. Should there be any additional funding requirements for this project as a result of the design and tendering of the required construction works these would be included in future Transportation Services budget submissions for consideration and authority from City Council.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council authorize the General Manager, Transportation Services to negotiate, enter into and execute on behalf of the City of Toronto a funding agreement with PortsToronto for contribution by the City of up to $22 million from the Approved 2021-2030 Capital Budget and Plan for Transportation Services for the design and construction for rehabilitation of the Cherry Street Ship Channel Bridge approach spans and the Bascule Bridge, on terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor. 2. City Council authorize the General Manager, Transportation Services to negotiate, enter into and execute on behalf of the City of Toronto any other ancillary agreements necessary to complete the design and construction for rehabilitation of the Cherry Street Ship Channel Bridge approach spans and the Bascule Bridge, on terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor. 3. City Council authorize the General Manager, Transportation Services to advance funds to PortsToronto against invoiced costs for design and contract preparation work on the Cherry Street Ship Channel Bridge approach spans and the Bascule Bridge up to $2.84 million from the Approved 2021-2030 Capital Budget and Plan for Transportation Services, if necessary, in advance of completion and execution of the funding agreement authorized in Recommendation 1 above.
Staff recommendation as filed
Councillor Jennifer McKelvie, seconded by Councillor Paula Fletcher, recommends that: 1. City Council authorize the General Manager, Transportation Services to negotiate, enter into and execute on behalf of the City of Toronto a funding agreement with PortsToronto for contribution by the City of up to $22 million from the Approved 2021-2030 Capital Budget and Plan for Transportation Services for the design and construction for rehabilitation of the Cherry Street Ship Channel Bridge approach spans and the Bascule Bridge, on terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor. 2. City Council authorize the General Manager, Transportation Services to negotiate, enter into and execute on behalf of the City of Toronto any other ancillary agreements necessary to complete the design and construction for rehabilitation of the Cherry Street Ship Channel Bridge approach spans and the Bascule Bridge, on terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor. 3. City Council authorize the General Manager, Transportation Services to advance funds to PortsToronto against invoiced costs for design and contract preparation work on the Cherry Street Ship Channel Bridge approach spans and the Bascule Bridge up to $2.84 million from the Approved 2021-2030 Capital Budget and Plan for Transportation Services, if necessary, in advance of completion and execution of the funding agreement authorized in Recommendation 1 above.
MM35.37withdrawn
In 2020, City Council unanimously adopted a sustainability plan to support the retention and growth of Black-owned and operated businesses, while celebrating, promoting and showcasing the resiliency of the African, Black and Caribbean communities through various short, medium and long-term measures, such as culturally relevant programming, providing financial relief, and the development of a housing strategy plan. Following this, City Council responded to a call from Black communities to preserve the architectural and cultural heritage of Little Jamaica through unanimously adopting a motion that requests City Planning to complete a comprehensive heritage survey. Building on existing City resources, a Little Jamaica Accountability Table must be developed in order to ensure accountability and successful implementation of aforementioned and future motions. Through developing a Little Jamaica Accountability Table, both the Little Jamaica Interdivisional Team and key stakeholders and community members will be able to work closely to monitor the implementation of each recommendation through identifying specific actions to be undertaken with specific timelines. This Motion will empower the City of Toronto to celebrate the identity, and showcase the resiliency of the African, Black and Caribbean communities and their contributions to our City-and provide community members, figuratively and literally, a seat at the table.
Motion MM35.37 was withdrawn at City Council on July 14, 15 and 16, 2021.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Layton, recommends that: 1. City Council request the Little Jamaica Interdivisional Team to consult and work with key stakeholders such as BlackUrbansimTO, the Mayor's Roundtable on Black Business, Reclaim, Rebuild, Eglinton Avenue West, CP Planning, Black Business and Professional Association, local Business Improvement Areas and other community organizations and members on developing a Little Jamaica Accountability Table that will: a. provide feedback, monitor and hold to account the implementation of recommendations and commitments approved by City Council in subsequent motions; b. include a clear terms of reference and membership framework; and c. use proven best practices from the Toronto Seniors Strategy Accountability Table.