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.
BL35.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills. Consolidated Bills Index for July 14, 15 and 16, 2021 City Council Meeting http://app.toronto.ca/tmmis/viewBillBylaw.do?meeting=2021.CC35
City Council on July 14, 15 and 16, 2021, enacted By-laws 600-2021 to 694-2021.
CC35.1adopted
Ombudsman Toronto has concluded an Enquiry reviewing the City's communication and enforcement of COVID-19 rules in City parks in spring 2020. Pursuant to section 170(2) of the City of Toronto Act, 2006, we hereby table with City Council for its July 14 and 15, 2021 session the Enquiry Report, dated June 30, 2021.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the Ombudsman Toronto Report and in so doing, accept the Ombudsman's findings and City Council direct the City administration to implement all of the recommendations in the Enquiry Report (June 30, 2021) from the Ombudsman. Ombudsman Recommendations: Recommendation 1 The City should create an organization-wide communications policy to ensure that it gives the public timely and accurate information about changes to people's access to City services and facilities (including City parks) in a coordinated, consistent, and accessible way. This communications policy should: - Apply to all City divisions and departments - Apply to all the City's communication platforms, including, but not limitedto, its website, 311 Toronto, social media sites, news releases, signage,and communication pieces for City Councillors - Consider all of Toronto's diverse communities - Emphasize the importance of giving the public information that clearlydistinguishes between advice (including public health advice) and legallyprohibited activities - Include a requirement for clear, simple language - Use data and research to measure the effectiveness of City communications. Recommendation 2 To complement this communications policy, the City should develop processes to address the following: - Ensuring that the City addresses public complaints about City communications, including communications related to enforcement, in a timely and effective way - How the City can partner with local agencies serving Toronto's communities to communicate information about changes to the public's access to City services and facilities to the populations they serve in an effective and accessible way. Recommendation 3 MLS should immediately send clear and direct communication to all of its staff that "zero tolerance" is an unacceptable, unclear and unfair approach to enforcement, which should be avoided. Recommendation 4 MLS, with the help of Legal Services, should conduct a review of all MLS enforcement policies, procedures, guidelines, operational directives, training materials and any other relevant documents to identify and remove any reference to the term "zero tolerance." Recommendation 5 MLS should create a process that allows staff to make anonymous reports about operational concerns, questions or confusion. Recommendation 6 MLS, with the help of Legal Services and SDFA, should create a policy and training materials on the fair and equitable exercise of judgment and discretion by by-law enforcement officers in exercising their authority. MLS may wish to consult with the TTC, who is developing such a policy for its enforcement staff as a result of our previous reports. Recommendation 7 MLS should publish and widely share its policy on the fair and equitable exercise of judgment and discretion by by-law enforcement officers, including with community agencies serving vulnerable populations. Recommendation 8 As a priority, MLS, with help as necessary from SDFA, the City's Shelter Support and Housing Administration division, and other relevant City divisions, should develop a plan to allow MLS to hear directly from community organizations, particularly organizations serving vulnerable and marginalized people, and ensure that feedback from Toronto's communities informs the training and operations of MLS's enforcement activities. Recommendation 9 To promote transparency and public confidence, the City should immediately make public anonymized summaries of the findings and the systemic recommendations of the investigations into the incidents in April and June 2020 in High Park and Centennial Park respectively. Recommendation 10 The City should make public the steps it has taken, and will be taking, to implement the systemic recommendations in the High Park and Centennial Park investigations. Recommendation 11 MLS should develop an anti-racism strategy, with the help of the City's Confronting Anti-Black Racism unit, the City's Indigenous Affairs Office, other relevant City divisions and units and external resources as required. MLS's anti-racism strategy should have as one of its goals eliminating racial profiling by by-law enforcement officers. The anti-racism strategy should encompass the following areas of MLS operations: - Staff recruitment and retention - Policies and procedures - Training - Enforcement activities - Performance improvement and accountability - Community engagement. MLS may wish to consult with the TTC, which is undertaking a similar project as a result of our work with it. Recommendation 12 As part of developing an anti-racism strategy, MLS should consult with communities impacted by systemic racism, discrimination and vulnerability. Recommendation 13 As part of developing an anti-racism strategy, MLS should explore adopting a race-based data collection strategy to help identify inequalities in MLS's enforcement activities. As with Recommendation 11, MLS may wish to consult with the TTC, which is undertaking a similar project as part of developing its anti-racism strategy and race-based data collection strategy. Recommendation 14 The City should give Ombudsman Toronto quarterly updates on the status of its implementation of these recommendations.
Staff recommendation as filed
The Ombudsman recommends that: 1. City Council adopt the report and in so doing, accept the Ombudsman's findings and direct the City administration to implement all of the recommendations in the report.
DM35.1amended
10 and 10A Dawes Road - Request for Direction
The purpose of this report is to seek further instruction in relation to a development application for a site that contains heritage resources, and a related ongoing appeal at the Local Planning Appeal Tribunal.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council state its intention to designate the properties at 10 and 10A Dawes Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 10 and 10A Dawes Road (Reasons for Designation) in Public Appendix D to the report (April 28, 2021) from the City Solicitor. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in City Council designating the property under Part IV, Section 29 of the Ontario Heritage Act. 3. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor. 4. 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 (April 28, 2021) from the City Solicitor, only at the discretion of the City Solicitor. 5. City Council direct that the balance of Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor remain confidential, as it contains advice that is subject to litigation and solicitor-client privilege. Confidential Attachment 1 and Confidential Appendices A, B and C to the report (April 28, 2021) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contains advice that is subject to litigation and solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (April 28, 2021) from the City Solicitor will be made public only at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (April 28, 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 litigation and solicitor-client privilege. January 7, 2022 The confidential instructions to staff in Confidential Attachment 1 to the report (April 28, 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 approve the alterations to the designated heritage property at 10 and 10A Dawes Road, in accordance with Section 33 of the Ontario Heritage Act, for the construction a mixed-use building with one podium and two residential towers of 24 and 37 storeys plus mechanical penthouses, with alterations to the designated buildings at 10 and 10A Dawes Road, in conjunction with an appeal to the Local Planning Appeal Tribunal, comprised of the plans and drawings prepared by IBI Group Architects (Canada) Incorporated and dated April 12, 2021, submitted with the Heritage Impact Assessment prepared by ERA Architects Incorporated, dated April 6, 2021, all on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following conditions: a. prior to issuance of an Local Planning Appeal Tribunal order in connection with the Zoning By-law Amendment appeal for the property at 10-30 Dawes Road, the owner shall: 1. enter into a Heritage Easement Agreement with the City for the property at 10 and 10A Dawes Road, substantially in accordance with plans and drawings prepared by IBI Group Architects (Canada) Incorporated and dated April 12, 2021, submitted with the Heritage Impact Assessment prepared by ERA Architects Incorporated., dated April 6, 2021, subject to and in accordance with the approved Plan required in Parts 1.a.2 below, all to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; and 2. provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 10 and 10A Dawes Road, prepared by ERA Architects Incorporated., dated April 6, 2021 and details all future conservation efforts as part of this application, all to the satisfaction of the Senior Manager, Heritage Planning; b. prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the property at 10 and 10A Dawes Road, the owner shall: 1. provide final site plan drawings including drawings related to the approved Conservation Plan required in Parts 1.a.2 above to the satisfaction of the Senior Manager, Heritage Planning; 2. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; 3. provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; 4. submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning; and 5. submit a Landscape Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning; c. prior to the issuance of any permit for all or any part of the property at 10 and 10A Dawes Road, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning, the owner shall: 1. obtain final approval for the necessary by-law amendments required for the alterations to the property at 10 and 10A Dawes Road, such amendments to have been enacted by City Council in connection with a Local Planning Appeal Tribunal Order and to have come into effect in a form and with content acceptable to City Council as determined by the Chief Planner and Executive Director, City Planning in consultation with the Senior Manager, Heritage Planning; 2. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Parts 1.a.2 above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; and 3. provide a Letter of Credit, including provision for upwards indexing in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning to secure all work included in the approved Conservation Plan, Heritage Lighting Plan, Landscape Plan, and Interpretation Plan; and d. prior to the release of the Letter of Credit required in Part 1.c.3. above the owner shall: 1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan, Landscape Plan, and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and 2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning. 2. City Council direct staff to continue to work with the applicant on a compatible adaptive reuse of the heritage property at 10 Dawes Road through sympathetic interior and exterior alterations of the heritage property. The details of the compatible adaptive reuse of the heritage property at 10 Dawes Road through sympathetic interior and exterior alterations will be included as part of the approved Conservation Plan required in Part 1.a.2 above. 3. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 10 and 10A Dawes Road in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 4. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 10 and 10A Dawes Road. Confidential Appendices A, B Part 1, B Part 2, and C to the report (April 28, 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 state its intention to designate the properties at 10 and 10A Dawes Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 10 and 10A Dawes Road (Reasons for Designation) attached as Public Appendix "D" to the report (April 28, 2021) from the City Solicitor. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in City Council designating the property under Part IV, Section 29 of the Ontario Heritage Act. 3. If there are objections in accordance with the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board. 4. If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of City Council's decision on the designation of the property. 5. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor. 6. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, Confidential Appendix "A", Confidential Appendix "B" and Confidential Appendix "C", to the report (April 28, 2021) from the City Solicitor, if adopted by City Council, only at the discretion of the City Solicitor. 7. City Council direct that all other information contained in Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor is to remain confidential, as it contains advice which is subject to litigation and solicitor-client privilege.
MM35.1adopted
The former Canada Post building at 1117 Queen Street West was built in 1902 having been designed by the well-known Canadian architect, Samuel George Curry. The site is .323 acres in size and has a 108 foot frontage onto Queen Street West. The building is 11,354 square feet in size and is two storeys tall. It is historically listed with the Heritage Register (1973). The site is centrally located in the Queen Street West and Ossington Avenue retail area of the Ward 9 Davenport community. This area is home to the largest number of art galleries in the City of Toronto. It is subject to the Garrison North Secondary Plan. Since 2017, the Ward Councillor has been strongly advocating to Canada Post and the Federal Government that this site is a crucial part of the community and should be explored as a potential arts and cultural hub for the surrounding neighbourhoods and the City as a whole. Irrespective of these efforts, Canada Post has now declared the site as surplus and listed it with an independent real estate agency for sale. The City has not been consulted on potential future uses for the site nor with respect to any potential community specific uses for this location. With its location and the significant arts and culture focus of the area, it is perfectly situated for use as a public arts and culture hub. Canada Post and the Federal Government should therefore set aside the current disposal process of the site to private interests and engage with City officials and the community on retaining the building in the public interest.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct the City Manager to request the Minister of Public Services and Procurement Canada to instruct Canada Post to immediately halt the proposed sale of the publicly-owned former Canada Post site at 1117 Queen Street West. 2. City Council direct the City Manager to request Canada Post to work with the Chief Planner and Executive Director, City Planning, the General Manager, Economic Development and Culture, the Director and Chief Executive Officer, Toronto Arts Council, and members of the local community to examine and take measures to retain the building in public ownership for the purpose of establishing a cultural and arts hub for the neighbouring community and the City at large.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Joe Cressy, recommends that: 1. City Council direct the City Manager to request the Minister of Public Services and Procurement Canada to instruct Canada Post to immediately halt the proposed sale of the publicly-owned former Canada Post site at 1117 Queen Street West. 2. City Council direct the City Manager to request Canada Post to work with the Chief Planner, and Executive Director, City Planning, the General Manager, Economic Development and Culture, the Director and Chief Executive Officer of the Toronto Arts Council, and members of the local community to examine and take measures to retain the building in public ownership for the purpose of establishing a cultural and arts hub for the neighbouring community and the City at large.
RM35.1adopted
- O Canada - Moment of Silence
CALL TO ORDER: 9:36 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. July 14, 2021 Speaker Nunziata acknowledged that City Council was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. Speaker Nunziata also acknowledged that Toronto is covered by Treaty 13 signed with the Mississaugas of the Credit. Speaker Nunziata called upon Mayor John Tory to address City Council. Mayor Tory's addressed City Council regarding the tragic loss of Constable Jeffrey Northrup of the Toronto Police Service who was killed in the line of duty on July 2, 2021. Member of Council observed a moment of silence in memory of Constable Jeffrey Northrup. Speaker Nunziata advised Council of the following: For the benefit of those who are connected to the internet, the City Clerk has posted all of the agenda materials for today's meeting at toronto.ca/council. Members, although Civic Buildings, including City Hall are currently closed to the public, I want to emphasize that today's Council meeting is being conducted publicly and is being streamed live on YouTube. I want to welcome the public who are watching our meeting this morning. July 15, 2021 Members of Council observed a moment of silence and remembered: Those found in unmarked graves near the former St. Eugene Residential School in Cranbrook, British Columbia Those found in unmarked graves near the former Marieval Residential School in Marieval, Saskatchewan Those found in unmarked graves near the former Residential school on Penelacut Island, British Columbia Dwight Oscar Joseph Daigneault Margrit Eichler Saleh Hafejee George Marcello John Papadakis Michelle Senayah Marie MacEwan Christopher John Kay Salmond
CC35.2deferred
Report Regarding the Conduct of Former Councillor Jim Karygiannis
In February 2020, the Office of the Integrity Commissioner received three complaints about the conduct of then Councillor Jim Karygiannis arising from articles in the Toronto Star dated February 8 and 11, 2020. The articles reported that he had: (1) shielded his political supporters from bylaw enforcement measures or wrongfully reported political opponents to City officials as political payback; and, (2) improperly entered constituents' homes for purposes of determining whether they were illegal rooming houses. As the allegations in the complaints were based on the same information, they were investigated jointly and are reported in a single report. The complaints alleged Mr. Karygiannis contravened Article VIII (Improper Use of Influence) and Article XIV (Discreditable Conduct) of the Code of Conduct for Members of Council. In the course of the investigation, the evidence showed Mr. Karygiannis had not followed the requirements of the Human Resources Management and Ethical Framework for Members' Staff (the "Ethical Framework"). After an investigation, the Integrity Commissioner found that there was insufficient evidence to conclude that Mr. Karygiannis had wrongfully used his office to shield his political supporters or report political opponents to the City (contrary to Article VIII), or had entered homes under false pretenses (contrary to Article XIV). However, it was found that he entered two residential properties without permission and, in two other cases, inappropriately took pictures of people in their homes, which is discreditable conduct for purposes of Article XIV (Discreditable Conduct). The Integrity Commissioner also found that the failure follow the Ethical Framework was contrary to Article XV (Failure to Adhere to Council Policies and Procedures). Mr. Karygiannis is no longer a member of City Council. Therefore, the Integrity Commissioner makes no recommendation as to penalty or remedial action.
City Council on July 14, 15 and 16, 2021, deferred consideration of Item CC35.2 to the September 30 and October 1, 2021 meeting of City Council.
Staff recommendation as filed
The Integrity Commissioner recommends that: 1. Council adopt a finding that former Councillor Jim Karygiannis contravened Article XIV (Discreditable Conduct) and Article XV (Failure to Adhere to Council Policies and Procedures).
MM35.2adopted
As part of the approval of the development at 156-174 Front Street West and 43-51 Simcoe Street, Council had, as part of the Section 37 obligations, secured benefits from the owner for streetscape improvements which would have included a future east/west PATH system connection to and from Union Station. The enabling By-law 1027-2014 provided that the owner would provide a cash contribution of $1,500,000 "for streetscape improvements in the immediate area, which may include a future east/west connection to the PATH system". An indexed payment of $1,776,997.84 was received from the owner. It was the intent that the funds collected would be utilized by the City to undertake the obligatory PATH connection, however the developer Cadillac Fairview has advised that as part of their construction process, they would relieve the City of its responsibility and undertake the requisite PATH improvements as integrating it would be more economical and efficient. Over the past year, Cadillac Fairview has worked with various divisions at the City to advance the design, construction planning, and approvals for the tunnel. It is estimated that the total cost of construction the PATH improvement would be $38 million. In exchange for undertaking the construction this Motion seeks to offset the $1,776,997.84 that was received from the owner, and have it applied against the total construction cost of the PATH tunnel. Prior to the release of the funds, the registered owner of 160 Front Street West (the "Owner") will be entering into an Encroachment Agreement with the City, which will require the Owner to construct, maintain, repair and operate the publicly accessible pedestrian PATH tunnel under Simcoe Street, at the Owner's expense. The Encroachment Agreement to be signed by the Owner will contain provisions requiring the Owner to submit a letter of credit to guarantee that the work within the public right-of-way is completed to the City's satisfaction, and to ensure public access to the pedestrian PATH tunnel.
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 (NP2161), by $1,776,997.84 gross, $0 net, fully funded by Section 37 funds obtained from the development at 156-174 Front Street West and 43-51 Simcoe Street (Source Account: XR3026-3701064) for PATH construction. 2. City Council direct that the $1,776,997.84 be forwarded to Cadillac Fairview directly, once an Encroachment Agreement has been executed and conditional on receipt of a letter of credit being in place to complete the PATH tunnel to the satisfaction of the General Manager, Transportation Services.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Mike Layton, recommends that: 1. City Council increase the 2021 Council Approved Operating Budget for Non-Program (NP2161), by $1,776,997.84 gross, $0 net, fully funded by Section 37 funds obtained from the development at 156-174 Front Street West and 43-51 Simcoe Street (Source Account: XR3026-3701064) for PATH construction. 2. City Council direct that the $1,776,997.84 be forwarded to Cadillac Fairview directly, once an Encroachment Agreement has been executed and conditional on receipt of a letter of credit being in place to complete the PATH tunnel to the satisfaction of the General Manager of Transportation Services.
RM35.2adopted
City Council will confirm the Minutes from the regular meeting held on June 8 and 9, 2021.
City Council confirmed the Minutes of Council from the regular meeting on June 8 and 9, 2021.
CC35.3adopted
Office of the Integrity Commissioner - 2020 Annual Report
The Integrity Commissioner reports annually to City Council on the work of the Office. This Report for Action transmits to City Council the Commissioner's 2020 Annual Report.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council receive the 2020 Annual Report of the Office of the Integrity Commissioner for information.
Staff recommendation as filed
The Integrity Commissioner recommends that: 1. City Council receive the 2020 Annual Report of the Office of the Integrity Commissioner for information.
MM35.3adopted
This Motion seeks to contribute $205,000 of Section 37 funds, to assist Ossington-Old Orchard Junior Public School. The proposed work includes increasing the accessibility of the school and playground, an additional natural play area, a walkway loop and improving the basketball courts. These improvements are in addition to work being completed and funded by the Toronto District School Board and the school's fundraising efforts. Section 37 funds have been secured and received from the development at 871 to 899 College Street to be allocated towards park improvements within the proximity of the site within the boundaries of Ward 9. The use of Section 37 funds is appropriate as the Section 37 Implementation Guidelines (section 5.9) approved by Council in 2007 states: "Cash contributions toward the capital improvement of school board playgrounds are eligible S.37 community benefits where the playground serves as a local park, where the public will continue to have reasonable access for the foreseeable future, and where there is no local City-owned parkland performing a similar function in the same community that could otherwise benefit from the cash contribution." The funds will be forwarded to the Toronto District School Board once the School Board has entered into a Community Access Agreement with the City, governing the purpose of the funds, the financial reporting requirements, and addressing community access to the improved facilities, to the satisfaction of the City Solicitor, prepared in consultation with the General Manager, Parks Forestry and Recreation and the Ward Councillor.
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 $205,000.00 gross, $0 net, fully funded by Section 37 funds obtained in the development at 871 to 899 College Street (Source Account: XR3026-3701124), for the purpose of providing one-time capital funding to the Toronto District School Board for playground improvements at Ossington-Old Orchard Junior Public School (Cost Centre NP2161). 2. City Council request City staff from the Management Services Branch, Parks, Forestry and Recreation, to participate in the preparation of the Community Access Agreement and City Council request the City Solicitor to draw up the Agreement, in consultation with the Ward Councillor and Community Planning staff, provided acceptable terms can be agreed upon. 3. City Council authorize the execution of a Community Access Agreement with the Toronto District School Board for the capital improvements to the playgrounds at Ossington - Old Orchard Junior Public School, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor. 4. City Council direct that the funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed a Community Access Agreement with the City, governing the purpose of the funds, the financial reporting requirements, and addressing community access to the playground facilities. 5. City Council direct that the funds be used for: a new asphalt walkway around playing field for a run / walk / bike path around field; new sand pit; a new Inclusive and Accessible Playground; a Natural Play Area; and upgraded basketball courts.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Mike Layton, recommends that: 1. City Council increase the 2021 Council Approved Operating Budget for Non-Program by $205,000.00 gross, $0 net, fully funded by Section 37 funds obtained in the development at 871 to 899 College Street (Source Account: XR3026-3701124), for the purpose of providing one-time capital funding to the Toronto District School Board for playground improvements at Ossington-Old Orchard Junior Public School (Cost Centre NP2161). 2. City Council request City staff from the Management Services Branch, Parks, Forestry and Recreation, to participate in the preparation of the Community Access Agreement and City Council request the City Solicitor to draw up the Agreement, in consultation with the Ward Councillor and Community Planning staff, provided acceptable terms can be agreed upon. 3. City Council authorize the execution of a Community Access Agreement with the Toronto District School Board for the capital improvements to the playgrounds at Ossington - Old Orchard Junior Public School, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation , and in a form satisfactory to the City Solicitor. 4. City Council direct that the funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed a Community Access Agreement with the City, governing the purpose of the funds, the financial reporting requirements, and addressing community access to the playground facilities. 5. City Council direct that the funds be used for: a new asphalt walkway around playing field for a run / walk / bike path around field; new sand pit; a new Inclusive and Accessible Playground; a Natural Play Area; and upgraded basketball courts.
RM35.3adopted
Introduction of Committee Reports and New Business from City Officials
Deferred Items: Item TE23.10 Item TE23.21 Other Deferred Matter: Item DM35.1 Report of the Executive Committee from Meeting 25 on July 6, 2021 Submitted by Mayor John Tory, Chair Report of the Audit Committee from Meeting 9 on July 7, 2021 Submitted by Councillor Stephen Holyday, Chair Report of the Board of Health from Meeting 29 on June 14, 2021 Submitted by Councillor Joe Cressy, Chair Report of the Civic Appointments Committee from Meeting 20 on June 18, 2021 Submitted by Deputy Mayor Denzil Minnan-Wong, Chair Report of the Economic and Community Development Committee from Meeting 23 on June 30, 2021 Submitted by Councillor Michael Thompson, Chair Report of the General Government and Licensing Committee from Meeting 24 on June 29, 2021 Submitted by Councillor Paul Ainslie, Chair Report of the Infrastructure and Environment Committee from Meeting 23 on July 5, 2021 Submitted by Councillor Jennifer McKelvie, Chair Report of the Planning and Housing Committee from Special Meeting 24 on June 11, 2021 Submitted by Councillor Ana Bailão, Chair Report of the Planning and Housing Committee from Meeting 25 on June 28, 2021 Submitted by Councillor Ana Bailão, Chair Report of the Etobicoke York Community Council from Meeting 25 on June 22, 2021 Submitted by Councillor Mark Grimes, Chair Report of the North York Community Council from Meeting 25 on June 23, 2021 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 25 on June 25, 2021 Submitted by Councillor Jennifer McKelvie, Chair Report of the Toronto and East York Community Council from Meeting 26 on June 24, 2021 Submitted by Councillor Gord Perks, Chair New Business submitted by City Officials
Committee Reports and New Business were presented to City Council for consideration.
CC35.4adopted
Appointment of Deputy City Manager
The purpose of this report is to recommend to City Council the appointment of a Deputy City Manager.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council appoint Paul Johnson to the position of Deputy City Manager for the City of Toronto, with such appointment to be effective on September 7, 2021, subject to written acceptance by Paul Johnson, of the terms and conditions of a contract of employment offered by the City. 2. City Council authorize the City Manager to negotiate terms and conditions of employment with Paul Johnson. 3. City Council authorize the public release of the name and curriculum vitae summary of Paul Johnson in Confidential Attachment 1 to the report (July 6, 2021) from the City Manager. The following Curriculum Vitae Summary for Paul Johnson is now public: PAUL JOHNSON Curriculum Vitae Summary EMPLOYMENT HISTORY 2018 - present General Manager, Healthy and Safe Communities Department, City of Hamilton (currently also the Director of the Emergency Operations Centre for the pandemic response) 2015 - 2018 Director, LRT Project Coordination, City of Hamilton 2015 Director, Corporate Initiatives, City of Hamilton 2010 - 2015 Director, Neighbourhood and Community Initiatives, City of Hamilton 2000 - 2010 Executive Director, Wesley Urban Ministries 1993 - 1997 Director of Resource Development, Wesley Urban Ministries 2005 - 2006 Director, Hamilton Roundtable for Poverty Reduction 1997 - 2000 Y2K Program Officer, Digital Equipment Corporation/Compaq Computer Limited EDUCATION AND PROFESSIONAL DEVELOPMENT Bachelor of Arts, History McMaster University, Hamilton, Ontario Community Shift Leadership Program Ivey School of Business University of Western Ontario, London, Ontario AFFILIATION Co-chair - Hamilton Anchor Institution Leadership (HAIL), 2011-present Province of Ontario Member, Toronto Implementation Panel - Moving on Mental Health, 2013 Chair, Hamilton Best Start Network, 2005-2013 Chair, Human Services Planning Initiative, 2008-2010 President - Hamilton Association of Approved Basketball Officials Co-chair - Canadian Basketball Officials Commission (Development and Education Committee) National Evaluator of Officials - Canada Basketball Chair - United Church of Canada Joint Grants Committee Co-chair - United Way of Burlington-Hamilton Campaign Cabinet, 2015 Hamilton Citizen of the Year Award Winner - 2020 John "Wink" Willox Award for Outstanding Contributions to Basketball Officiating, 2015 Honorary Chair, Week of the Child and Youth, 2007 Named Paul Harris Fellow by two Hamilton Rotary Clubs Graduate - Bay Area Leadership, 2003
Staff recommendation as filed
The City Manager recommends that: 1. The candidate identified in the Confidential Attachment 1 be appointed to the position of Deputy City Manager for the City of Toronto, with such appointment to be effective on September 7, 2021, subject to written acceptance by the candidate, of the terms and conditions of a contract of employment offered by the City;. 2. The City Manager be authorized to negotiate terms and conditions of employment with the candidate. 3. City Council authorize the public release of the name and curriculum vitae summary of the Deputy City Manager contained in Confidential Attachment 1 upon City Council's approval of the appointment.
MM35.4withdrawn
Residents in the Governor's Bridge neighbourhood have raised the potential to complete 'The Missing Link' and build the East Toronto Railpath. At the core of this connection is an abandoned railway bridge that has the potential to link the Don Valley's public spaces, while providing relief to the existing crowded trails and provide new connections to adjoining neighbourhoods. The abandoned bridge is most popularly known as the "Half-Mile Bridge" which is a former Canadian Pacific Railway viaduct over the Don River. The bridge is actually just 350 metres long and was built to connect CPR's mainline through Midtown Toronto with Downtown and the waterfront, allowing passenger trains to easily access Union Station. The last regular passenger train used the bridge in 1990, with only the occasional freight using it since. Today, it sits completely disused, and owned by Metrolinx. At a recent public meeting, Metrolinx confirmed that they have no plans to use this property in the future. The old route has become an informal walking and cycling trail. The viaduct itself is fenced off on both ends; the lack of railing and gaps between the ties have made the bridge a hazard, though it remains in good condition and easier to pass through should efforts be taken to retrofit the bridge. The ability to build a trail through this land can become an important part of an active transportation network of trails that connects to the Evergreen Brickworks, Waterfront Trail, and the West Toronto Railpath.
Motion MM35.4 was withdrawn at City Council on July 14, 15 and 16, 2021.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that: 1. City Council request the City Manager to evaluate the potential to purchase the rail path lands and 'Half-Mile Bridge' from Metrolinx along with an adjacent property above Nesbitt Drive to create the East Toronto Railpath and report back to City Council as needed, or before June 2022. 2 Should Metrolinx be unwilling to sell the property, City Council direct the City Manager to instead attempt to enter into a lease agreement for public access and improvements and report back to City Council as needed, and before June 2022. 3. City Council request the City Manager to instruct the appropriate staff to strike a working group once negotiations over the use of the property are concluded to help develop the East Toronto Railpath in consultation with the local Councillors for the areas in discussion.
RM35.4received
Members of Council will declare interests under the Municipal Conflict of Interest Act.
Members of Council declared interests under the Municipal Conflict of Interest Act.
CC35.5adopted
This report seeks City Council's appointment of an external auditor to conduct an annual compliance audit of the offices of Toronto's four Accountability Officers for a five-year period. The external auditor will conduct compliance audits for the offices of the Auditor General, the Integrity Commissioner, the Lobbyist Registrar, and the Ombudsman for the calendar years ending December 31st for 2020, 2021, 2022, 2023 and 2024, as required by Section 3-1.7. B of the Toronto Municipal Code, Chapter 3, Accountability Officers. The contract with the current external auditor, Robert Gore and Associates, expired in 2020. This report also seeks Council authority for the City Manager to execute the contract with the appointed external auditor.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council appoint Robert Gore and Associates as the external auditor to conduct an annual compliance audit for the offices of each of the City's Accountability Officers for a five-year period for calendar years ending December 31st for 2020, 2021, 2022, 2023 and 2024. 2. City Council authorize the City Manager to award a contract to Robert Gore and Associates being the lowest bidder meeting the terms and conditions set forth in Request for Quotation Number Doc2755600852 issued by the Purchasing and Materials Management Division on June 3, 2021, to carry out the annual compliance audit for the offices of each of the City's Accountability Officer for a five-year period for calendar years ending December 31st for 2020, 2021, 2022, 2023 and 2024.
Staff recommendation as filed
The City Manager recommends that: 1. City Council appoint Robert Gore and Associates as the external auditor to conduct an annual compliance audit for the offices of each of the City's Accountability Officers for a five-year period for calendar years ending December 31st for 2020, 2021, 2022, 2023 and 2024. 2. City Council authorize the City Manager to award a contract to Robert Gore and Associates being the lowest bidder meeting the terms and conditions set forth in Request for Quotation Number Doc2755600852 issued by the Purchasing and Materials Management Division on June 3, 2021, to carry out the annual compliance audit for the offices of each of the City's Accountability Officer for a five-year period for calendar years ending December 31st for 2020, 2021, 2022, 2023 and 2024.
MM35.5adopted
A liquor licence application has been submitted for 276 Havelock Street, (Orote). This application is being opposed as it does not have community support for approval and is not in the community interest.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for 276 Havelock Street, operating under the name Orote, (the "Premises") is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue either a Proposal to Review or a Proposal to Refuse the liquor licence application. 2. City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal this matter and direct the City Solicitor to take all necessary action so as to give effect to this Motion, including determining whether the application ought to be refused outright or whether the application can be supported with conditions to the liquor licence, all in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Joe Cressy, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for 276 Havelock Street, operating under the name Orote, (the "Premises") is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue either a Proposal to Review or a Proposal to Refuse the liquor licence application. 2. City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal this matter and direct the City Solicitor to take all necessary action so as to give effect to this Motion, including determining whether the application ought to be refused outright or whether the application can be supported with conditions to the liquor licence, all in consultation with the Ward Councillor.
RM35.5received
Members of Council may file petitions
City Council on July 14, 15 and 16, 2021, received the following petitions for information: 1. Petition headed "Ask Toronto City Council to Endorse the Fossil Fuel Non-Proliferation Treaty", submitted by Councillor Mike Layton, Ward 11, University-Rosedale, containing the names of approximately 1,023 persons. 2. Petition headed "Kingsway Residents Against 18-26 Earlington Avenue Condos: Protect Our Neighbourhood and Homes", submitted by Councillor Mark Grimes, Ward 3, Etobicoke-Lakeshore, containing the names of approximately 739 persons.
CC35.6adopted
The purpose of this report is to transmit a request to City Council from the Board of Management of Leaside Memorial Community Gardens Arena (Leaside Arena) as required by section 7.2.2 of its Relationship Framework. The Leaside Board is requesting Council to request the City Manager, in consultation with Leaside Arena Board, to review options to improve organizational effectiveness and sustainability at Leaside Arena in order to ensure that the local community remains well served and that the Leaside Arena operations and service delivery are supported. The Leaside Arena Board Request, titled Report from the Board of Leaside Memorial Community Gardens Arena dated June 29, 2021, is provided in Attachment 1 to this report. Section 7.2.2 of the Relationship Framework for the City of Toronto and the Boards of Management for the Arenas (Relationship Framework) provides that City Council give consideration to Arena Board requests related to governance matters, and that these requests are to be submitted to the City Manager for transmittal to City Council for consideration.
City Council on July 14, 15 and 16, 2021, adopted the following: 1 . City Council request the City Manager, in consultation with the Leaside Memorial Community Gardens Arena Board of Management (Leaside Arena), to review options to improve organizational effectiveness and sustainability at Leaside Arena to ensure that the local community remains well served and that the Leaside Arena operations and service delivery are supported.
Staff recommendation as filed
The City Manager recommends that: 1. City Council consider and adopt the recommendations in the June 29, 2021 report from the Board of Leaside Memorial Community Gardens Arena, forming attachment 1 to this Report, that requests the City Manager, in consultation with the Leaside Arena Board, to review options to improve the effectiveness and sustainability of Leaside Arena operations.
MM35.6adopted
The trails located in the Guild Inn Parks and Gardens is a popular location with a high level of daily pedestrian traffic. Recently, the wooded areas adjacent to the trails have seen an explosive growth of cow parsnip. This type of plant is a safety hazard for the public. (Details are included in Attachment 3) The City of Toronto website lists it as an invasive species, "that is dangerous to human health and pets, as well as the plant ecosystem". If one is exposed to the sap from cow parsnip, and then exposed to sunlight, it can cause blistering, burning, and irritation, in some cases requiring medial attention. Currently, Forestry staff will remove cow parsnip from within one metre of public pathways. Removing it from the space within three metres from public trails will provide a safer pedestrian experience for visitors to the park.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the General Manager, Parks, Forestry and Recreation to implement a pilot project in the Guild Inn Park and Gardens to address the cow parsnip infestation by removing the invasive plant in the space three metres from all public pathways, as opposed to the current one metre removal undertaken by Forestry staff.
Staff recommendation as filed
Councillor Paul Ainslie, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council request the General Manager, Parks, Forestry and Recreation to implement a pilot project in the Guild Inn Park and Gardens to address the cow parsnip infestation by removing the invasive plant in the space three metres from all public pathways, as opposed to the current one metre removal undertaken by Forestry staff.
RM35.6received
Presentations, Introductions and Announcements
Various presentations and announcements will be made at the City Council meeting.
Various presentations, introductions and announcements were made to City Council on July 14, 15 and 16, 2021. July 14, 2021 Mayor Tory addressed City Council regarding the tragic loss of Constable Jeffrey Northrup of the Toronto Police Service who was killed in the line of duty on July 2021. July 15, 2021 Speaker Nunziata, during the morning session of the meeting, called upon Mayor Tory to recognize Susan Opler and mark the end of her term as the City of Toronto Ombudsman. Mayor Tory spoke of Susan Opler's commitment and dedication to public service over her term as Ombudsman. The Mayor noted that when Susan came to the role in 2016, she had decades of experience as a lawyer, adjudicator, mediator and as an educator, and all of those things proved useful in the role of Toronto's Ombudsman. Mayor Tory highlighted Susan's leadership in publicly rebranding the Office of the Ombudsman, her work investigating the respite homes in Toronto and her investigations on behalf of Toronto Transit Commission users and Toronto Community Housing Corporation tenants. Mayor Tory sincerely thanked Susan Opler the passion and dedication that she has shown as Ombudsman and for her role in helping so many Torontonians seek fairness and justice. Susan Opler, Ombudsman addressed City Council and thanked Mayor Tory for his kind remarks. The Ombudsman described the work her Office undertook to rebrand and expand as Ombudsman Toronto, with the tag-line Listening, Investigating, and Improving City Services. Susan Opler remarked that, over her five year term, Ombudsman Toronto handled close to ten thousand public complaints and concerns with the annual number of complaints increasing by fifty seven percent over five years. The Ombudsman thanked Members of Council for their service, her fellow Accountability Officers for their work, the City Clerk's and City Manager's Office for their support, the City's Leadership, the Toronto Public Service and colleagues at the Office of the Ombudsman. Susan Opler thanked her family and friends for their support and encouragement and stated that serving as Ombudsman was the highlight of her thirty five year legal career. Mayor Tory, during the afternoon session of the meeting, recognized Amber Caterer Walsh on receiving the 2021 CanTRA (Canadian Therapeutic Riding Association) Rhonda Davies Volunteer of the Year award, a national award recognizing volunteer service, in this case given to the therapeutic horseback riding community. Amber is a member of CARD, the Community Association for Riders with Disabilities and Mayor Tory congratulated Amber Caterer Walsh and thanked the Canadian Association of Riders with Disabilities for their contributions and for providing services to improve the lives of those with differing abilities in our community. Mayor Tory, during the afternoon session of the meeting, recognized Councillor Crawford and wished him a happy birthday. Councillor Pasternak, during the afternoon session of the meeting, recognized Amber Caterer Walsh on receiving the 2021 CanTRA (Canadian Therapeutic Riding Association) Rhonda Davies Volunteer of the Year, for all of Canada. Councillor Pasternak noted that York Centre is home to G. Ross Lord Park which contains riding stables, operated by CARD, the Community Association for Riders with Disabilities and Amber Caterer Walsh has contributed over 33 years of volunteer service to the Community Association for Riders with Disabilities.
CC35.7adopted
Appointment of Public Members to the Administrative Penalty Tribunal
The Nominating Panel - Administrative Penalty Tribunal will conduct interviews and recommend nineteen candidates to City Council for appointment to the Administrative Penalty Tribunal.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council appoint the following candidates to the Administrative Penalty Tribunal for a term of office ending July 15, 2023 and until successors are appointed: Ayderus Alawi Jennifer Ansell Joanne Foot Mumtaz Jiwan Harold Tan Shelley Timms 2. City Council appoint the following candidates to the Administrative Penalty Tribunal, including one as Chair, for a term of office ending July 15, 2025 and until successors are appointed: Paul Sommerville, as Chair Deborah Boudreau Barbara Cappell Cheryl Gaster Christina Gural Diane Hall Randal Montgomery Shirley Nguyen Sancia Pinto Andy Radhakant Emile Ramlochan Leslie Ross Kayla Stephenson 3. City Council direct that Confidential Attachments 1 to 5 to the report (June 17, 2021) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Administrative Penalty Tribunal. Confidential Attachments 1 to 5 to the report (June 17, 2021) from the City Clerk remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they relate to personal matters about identifiable individuals being considered for appointment to the Administrative Penalty Tribunal.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Nominating Panel - Administrative Penalty Tribunal. The Nominating Panel - Administrative Penalty Tribunal recommends that: 1. City Council appoint the following candidates to the Administrative Penalty Tribunal for a term of office ending July 15, 2023 and until successors are appointed: Ayderus Alawi Jennifer Ansell Joanne Foot Mumtaz Jiwan Harold Tan Shelley Timms 2. City Council appoint the following candidates to the Administrative Penalty Tribunal, including one as Chair, for a term of office ending July 15, 2025 and until successors are appointed: Paul Sommerville, as Chair Deborah Boudreau Barbara Cappell Cheryl Gaster Christina Gural Diane Hall Randal Montgomery Shirley Nguyen Sancia Pinto Andy Radhakant Emile Ramlochan Leslie Ross Kayla Stephenson 3. City Council direct that Confidential Attachments 1 - 5 to the report (June 17, 2021) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Administrative Penalty Tribunal. Candidates' biographies Ayderus Alawi Ayderus has worked as a criminal defence lawyer in the Greater Toronto area for almost a decade. Ayderus attended York University where he completed an Honours bachelor's degree in political science followed by a law degree. Ayderus has spent over 20 years working in the community in a variety of roles where he has maintained a strong commitment to work towards addressing issues of discrimination and systemic issues including anti-Black racism. Jennifer Ansell Jennifer R. Ansell is an experienced civil, employment and community mediator, licensed paralegal, Professor of Paralegal Education at Humber College (partial load), workplace investigator and proponent of diversity, inclusion and collaboration. She is enrolled at Osgoode Hall Law School in the Master of Law program with the specialization of Dispute Resolution. Ms. Ansell has extensive knowledge of administrative law principles and takes great joy in being able to assist members of the public, disputants and students navigate the law and our different legal systems with a focus on early resolution, where appropriate. Deborah Boudreau Deborah has been a member of the Administrative Penalty Tribunal since May of 2017. She graduated from the University of Windsor Law School and worked as a Lawyer in the private sector until joining the former Municipality of Metropolitan Toronto in the Legal Department as a Solicitor in 1990. She was continually employed by the amalgamated City of Toronto until her January, 2017 retirement. Barbara Cappell Barbara Cappell worked as a lawyer with the City of Toronto Legal Services for 25 years. After retiring in 2016, she joined the Workplace Safety Insurance and Appeals Tribunal as a part-time Vice-Chair, working as an adjudicator, a position she held for five years, until her appointment expired. She has spent most of her adult life working in the public sector. She welcomes the opportunity to continue using my skills and experience to give back to her community. Joanne Foot Joanne Foot has lived in Toronto for most of her life and is proud of her city. She was called to the Bar of Ontario in 1983, following which she clerked for the Justices of the Court of Appeal of Ontario. Joanne spent most of her professional career in private practice, specializing in corporate law, including as a partner in two major law firms. Joanne enjoys teaching continuing education programs. Recently, Joanne has used her legal skills in an adjudicator on various boards and tribunals. Cheryl Gaster Cheryl was first appointed to the Administrative Penalty Tribunal in 2017. She brings to the position her skills as an experienced Adjudicator, Chartered Mediator and Conflict Management Coach & Trainer. Cheryl also served as the City of Toronto's Deputy Rooming House Licensing Commissioner from 2007-11. In her roles of Mediator and Coach she assists individuals experiencing workplace conflict to gain insight into their conduct in order to manage conflict effectively & constructively. As an educator and speaker, Cheryl presents on human rights, mediation, ethics, & personal & sexual harassment. Christina Gural Christina Gural is a Toronto lawyer who has practiced law before a range of administrative tribunals. She completed a bachelor's degree in political science, a law degree and a master's degree in public administration, which focused on local government management. Christina actively participates in community initiatives, having served as director, and then, as president of a community association, and she is currently coordinating various fundraising initiatives. Diane Hall Ms. Hall brings expertise in the areas Administrative Law and Mediation and has direct experience as a Hearing Officer. She holds the Advanced Certificate in Adjudication, an Advanced Certificate in Dispute Resolution and has been a member of the Society for Adjudicators and Regulators since 2014. She is also a member of the Ontario College of Social Workers and Social Service Workers and has been resolving appeals for regulatory bodies and tribunals for over thirteen years. Mumtaz Jiwan Mumtaz Jiwan is a highly experienced Mediator and Adjudicator. She has worked with the Information and Privacy Commission/Ontario as a Mediator, Adjudicator and Team Leader. Prior to that, she served as a Senior Board Member on the Rent Review Hearings Board. More recently, she has served as a Hearing Officer with a City of Toronto's tribunal. She has volunteered with various organizations including the Ismaili Council for Ontario. Mumtaz holds a BA Hon. Political Science. Randal Montgomery Randal Montgomery has a B.A. in Psychology, M.A. in Sociology from York University, Ph.D. from the U. of Alberta and LL.B. from U. of Victoria. His PhD thesis was on Vietnamese refugees. He has participated in major research projects (academic, government, business, Law Society) and has publications in scholarly journals. He has taught courses at 8 universities in three countries. After his call to the Ont. Bar he worked at the Refugee Board and then was counsel at the Immigration Appeals Court. Shirley Nguyen Shirley Nguyen is an experienced adjudicator, workplace fairness analyst and a legal and conflict resolution service provider who is well-versed in multiculturalism and its issues. She was appointed to the City of Toronto Property Standards Committee in 2019. She is a board member of ADR Institute of Ontario, Founder and Chair of its Diversity in ADR section. In addition, her enjoyment and interest in Toronto's diverse communities led her to volunteer at several non-profit organizations. Sancia Pinto Sancia Pinto is an adjudicator, practicing civil litigation lawyer and mediator. Sancia has served as an adjudicator on several Tribunals in Ontario. Sancia was previously a Hearings Officer at the Ontario Superior Court with the Ministry of the Attorney General, Court Services Division, where she conducted extensive mediations and quasi-judicial hearings. As a civil litigator, Sancia has handled an array of cases at numerous levels of Courts and Tribunals in Ontario. Andy Radhakant Andy Radhakant is a litigation and regulatory lawyer who was called to the bar in 2001 after completing an engineering degree at McGill University and a law degree at Osgoode Hall Law School. He practised civil litigation and administrative law for many years at large national and international law firms in Toronto and now runs an independent practice. He has litigated at all levels of the Federal Courts, the Ontario Superior Court and Court of Appeal, and the Supreme Court. He is a frequent speaker and author in the areas of civil litigation, intellectual property and life sciences. Emile Ramlochan Emile Ramlochan has lived in the City of Toronto for over 40 years where he has contributed as a dispute resolution and regulated health professional. Currently, he holds a Bachelor of Science (B.Sc.) degree from York University and is a graduate of Osgoode Hall Law School holding Master of Laws (L.L.M.) degrees in the fields of Alternative Dispute Resolution (ADR) and Health Law. He also holds a Qualified Mediator and Qualified Arbitrator designation from the ADR Institute of Canada. Leslie Ross Leslie Ross holds an LLB from Osgoode Hall Law School, a Masters Degree from the London School of Economics and a Bachelors Degree from McGill University. She practices law first in the Tax Law Services section of the Department of Justice, then at a firm assisting First Nations litigate Aboriginal and treaty rights, and currently at her own firm. Leslie has been an active volunteer in her community, as a member on a daycare Board, and a coach with the Swansea Girls' Hockey League. Paul Sommerville, as Chair Graduated from Glendon College of York University, then the University of Western Ontario Law School. Joined the Ontario Trucking Association as Director of Legal Services then recruited by General Motors of Canada Limited, becoming Counsel responsible for Environmental, Health and Safety and Human Rights matters. Joined the Ontario Energy Board as Member. Then joined Toronto Hydro as Exec Vice President, General Counsel. Joined the Mowat Centre. University of Toronto, as Executive Director. Kayla Stephenson Kayla has a Paralegal background and is currently a Mediator and Arbitrator with a specialty in Family Law. Kayla owns her own Mediation firm for the past 5 years. Kayla is a member of ADRIO and FDRIO. Kayla is an Adjudicator and is a member of the SOAR and CIAJ. Kayla has over 15 years of experience in the legal field, and of those years, 8 of them Kayla was employed by the Ministry of Attorney General in various roles. Kayla is an executive member of the ACLCO. Kayla is also on the Race Equity and Advisory Committee of that board. Harold Tan Harold Tan holds an LLM (ADR) from Osgoode and is a Qualified Mediator (ADR Institute of Ontario/Canada). He is a workplace mediator, investigator, trainer, coach and restorative justice facilitator with extensive experience working with diverse populations. Shelley Timms Shelley Timms is a lawyer/mediator and deputy judge in the Small Claims Court. She is President of arrive alive; Drive Sober, and has been a board member in a number of organizations including the Ontario and Canadian Bar Association, Temagami Community Foundation and the Ontario Deputy Judges Association. She is a long-time resident in Toronto's High Park area, but has explored the city through dog walks, and the Weekend to End Women's Cancer and is a member of SoundCrowd, an a cappella singing group.
IE23.7adopted
The purpose of this report is to seek authorization for the General Manager, Toronto Water, to negotiate, enter into and execute a new 20 year term agreement, to replace the previous agreement dated October 3, 2000 which has since expired, between the Regional Municipality of Durham (Region of Durham) and the City of Toronto related to the Region of Durham's ongoing provision of water services and, specifically, its continued supply of drinking water from its municipal drinking water supply system to residential properties on Finch Avenue East, from the Pickering Town Line to 30 metres north on Beare Road, located in the City of Toronto. Pursuant to two prior municipal agreements, one of which is the now expired 2000 Agreement, the Region of Durham's municipal water supply system was extended, by the construction of an extended watermain, to accommodate the supply of drinking water to these properties on Finch Avenue East located in the City of Toronto because there was no City of Toronto watermain available to service this area which remains the situation today. Throughout, the Region of Durham has billed these property owners directly for the water supply and collected all such revenue. Aside from the payment by the City of construction costs to extend the Region of Durham's watermain to allow for the provision of this municipal water service by the Region of Durham to these Toronto properties, the City has not incurred any other related expenses under the 2000 Agreement. While it is expected this will remain the case, since the new agreement has yet to be negotiated, it is unknown, what, if any, expenses Durham may request. For this reason, this report seeks the delegation of authority to the General Manager, Toronto Water, to negotiate and enter into the new agreement, as the General Manager considers appropriate, on terms and conditions satisfactory to the General Manager.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council authorize the General Manager, Toronto Water, to negotiate, enter into, and execute a new agreement with the Regional Municipality of Durham (Region of Durham), as the General Manager considers appropriate, for the continued supply of drinking water from the Region of Durham's municipal water supply system to the residential properties on Finch Avenue East, from the Pickering Town Line to 30 metres north on Beare Road, located in the City of Toronto, listed in Attachment 1 to the report (June 8, 2021) from the General Manager, Toronto Water, for a term of 20 years, on terms and conditions satisfactory to the General Manager, Toronto Water, and in a form satisfactory to the City Solicitor. 2. City Council authorize the General Manager, Toronto Water, to provide any municipal consent or other municipal authorization on behalf of the City of Toronto, as may be considered necessary by the General Manager for the purpose of carrying out the intent and to give full effect to the provisions of the agreement or to otherwise provide for the continued provision by the Region of Durham of the municipal water services referenced in Part 1 above
Staff recommendation as filed
The General Manager, Toronto Water recommends that: 1. City Council authorize the General Manager, Toronto Water, to negotiate, enter into, and execute a new agreement with the Regional Municipality of Durham (Region of Durham), as the General Manager considers appropriate, for the continued supply of drinking water from the Region of Durham's municipal water supply system to the residential properties on Finch Avenue East, from the Pickering Town Line to 30 metres north on Beare Road, located in the City of Toronto, listed in Attachment 1, for a term of 20 years, on terms and conditions satisfactory to the General Manager, Toronto Water, and in a form satisfactory to the City Solicitor. 2. City Council authorize the General Manager, Toronto Water, to provide any municipal consent or other municipal authorization on behalf of the City of Toronto, as may be considered necessary by the General Manager for the purpose of carrying out the intent and to give full effect to the provisions of the agreement or to otherwise provide for the continued provision by the Region of Durham of the municipal water services referenced in recommendation 1.
MM35.7adopted
This Motion requests authority from Council to amend the 2021 Council Approved Capital Budget and 2022-2030 Capital Plan for Parks, Forestry and Recreation to create a new capital sub-project for a commemorative plaque in MacGregor Playground. The long laneway between Lansdowne Avenue and St. Clarens Avenue, south of Bloor Street West, was associated with the rope-making industry for more than 60 years. This approximately 550-metre linear space was used for decades as a "rope walk" - an outdoor facility for braiding raw textiles into twine, string, and rope. The St. Clarens rope walk appears on historical maps as early as 1868, running north-south through the village of Brockton. Located west of the old City of Toronto on Dundas Street, Brockton was an independent village until it was annexed by Toronto in 1884. The Lansdowne-St. Clarens rope walk was operated by the Dominion Steam Rope Factory, a company owned by Archibald MacGregor. Very long lengths of textile (often hemp, manilla, sisal) were laid out along the rope walk and braided together to make various types and sizes of cord used as washing lines, bedcords (ropes tied across a bed frame to support a mattress), or even as part of the rigging of ships on Lake Ontario. Making rope was dangerous and working conditions were often extremely poor. Hemp is extremely flammable and fires in rope factories were common. Many of the rope makers who staffed the Dominion Steam Rope Factory lived in the surrounding community of Brockton and are recorded in the City directories and local tax assessment records. A second rope walk was located in the village north of Dundas Street West. Though no photos are known to exist of the Dominion Steam Rope Factory, the rope walk buildings appear on maps of Brockton as late as 1924. Aerial photos taken in the 1940s show the former site of the rope walk developed as housing, however the long laneway and large unbroken stretches of Lansdowne and St. Clarens without a cross-street are clues to the factories' presence in the current day street grid. MacGregor Playground and park on Lansdowne Avenue - the proposed location of the plaque - is named for Archibald MacGregor, the owner of Dominion Steam Rope Factory. Authority from Council is required to add a new capital sub-project for the commemorative plaque in MacGregor Playground to the 2021-2030 Council Approved Capital Budget and Plan for Parks, Forestry and Recreation with a project cost and cash flow of $7,500 in 2021. The commemorative plaque will be fully funded by various Section 42 Above 5 percent Cash-in-lieu generated from developments in proximity to MacGregor Playground. These funds have been received and are eligible for these purposes. This Motion has been prepared in co-ordination with Heritage Toronto.
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 MacGregor Playground Commemorative Plaque in the Park Development project, with project cost and cash flow in 2021 of $7,500, fully funded by various Section 42 Above 5 percent Cash-in-lieu included in the chart below, for the purpose of a commemorative plaque: Development Location Internal Order Account Amount 138 St. Helen's Avenue XR2213-4200482 $4,028.30 311 Brock Avenue XR2213-4200538 $183.55 1239 Bloor Street West XR2213-4200573 $2,958.52 1340 Bloor Street West XR2213-4201284 $329.63 Total $7,500.00
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Joe Cressy, 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 MacGregor Playground Commemorative Plaque in the Park Development project, with project cost and cash flow in 2021 of $7,500, fully funded by various Section 42 Above 5 percent Cash-in-lieu included in the chart below, for the purpose of a commemorative plaque: Development Location Internal Order Account Amount 138 St. Helen's Avenue XR2213-4200482 $4,028.30 311 Brock Avenue XR2213-4200538 $183.55 1239 Bloor Street West XR2213-4200573 $2,958.52 1340 Bloor Street West XR2213-4201284 $329.63 Total $7,500.00
RM35.7amended
City Council will review the Order Paper.
July 14, 2021: City Council adopted the July 14, 2021 Order Paper, as amended and all other Items not held on consent. June 15, 2021: City Council adopted the July 15, 2021 Order Paper. June 16, 2021: City Council adopted the July 16, 2021 Order Paper.
CC35.8adopted
Alterations to Heritage Properties at 8 Elm Street, 348 - 350 Yonge Street, and 352-354 Yonge Street
The purpose of this report is to seek further instructions related to a development application for a site that contains several heritage resources, and a related ongoing appeal at the Local Planning Appeal Tribunal.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 1, 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 (June 1, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 1, 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 (June 1, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the revisions to the conservation strategy as described in Confidential Attachment 1 and Confidential Appendix A (Revised Conservation Plan, dated April 1, 2021), Confidential Appendix B and Confidential Appendix C to the report (June 1, 2021) from the City Solicitor and subject to Parts 2 and 3 below. 2. City Council approve the request to demolish the heritage building at 348-350 Yonge Street in accordance with Section 34 of the Ontario Heritage Act as proposed in Confidential Appendix A to the report (June 1, 2021) from the City Solicitor and substantially in accordance with the Revised Conservation Plan for the properties at 8 Elm Street consisting of three properties at 8 Elm Street, 348-350 Yonge Street and 352-354 Yonge Street prepared by GBCA Architects, dated April 1, 2021, subject to the following conditions: a. prior to issuance of the final Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) Order in connection with the Zoning By-law Amendment appeal, the owner shall: i. provide a detailed Reconstruction and Commemoration Plan for the property at 348-350 Yonge Street prepared by a qualified heritage consultant that is substantially in accordance with the strategy set out in the Revised Conservation Plan prepared by GBCA Architects, dated April 1, 2021, to the satisfaction of the Senior Manager, Heritage Planning; and ii. enter into and register on the property at 8 Elm Street and 348-350 Yonge Street one or more agreements with the City pursuant to Section 37 of the Planning Act, all to the satisfaction of the City Solicitor and the Senior Manager, Heritage Planning, with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed demolition and requiring a Letter of Credit to secure all work included in the approved Reconstruction and Commemoration Plan, including provision for upwards indexing, in a form and amount satisfactory to the Senior Manager, Heritage Planning, all to the satisfaction of the Senior Manager, Heritage Planning; b. prior to issuance of a demolition permit for all or any part of the property at 8 Elm Street and 348-350 Yonge Street, the owner shall: i. provide full documentation of the existing heritage properties at 8 Elm Street and 348-350 Yonge Street, including two (2) printed sets of archival quality 8 inch by 10 inch colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format 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 Manager, Heritage Planning; and c. prior to the release of the Letter of Credit required in Part 2.a.ii. above the owner shall: i. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that all of the reconstruction and commemoration work has been completed in accordance with the Reconstruction and Commemoration Plan all to the satisfaction of the Manager, Heritage Planning. 3. City Council authorize the City Solicitor and appropriate City Staff to attend at the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to advise that City Council supports the revisions to the conservation strategy shown in the Revised Conservation Plan prepared by GBCA Architects, dated April 1, 2021 attached as Confidential Appendix A to the report (June 1, 2021) from the City Solicitor. Confidential Appendices A, B and C to the report (June 1, 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 (June 1, 2021) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (June 1, 2021) from the City Solicitor; 2. City Council authorize the public release of the recommendations in Confidential Attachment 1 and Confidential Appendices A, B, and C if adopted by City Council, with the remainder of the Confidential Attachment 1 to remain confidential as it contains advice which is subject to solicitor-client privilege.
MM35.8amended
Black Lives Matter Canada has purchased a property at 24 Cecil Street. This building will become the permanent home of the Wildseed Centre - a centre for arts and activism that could cultivate transformative ideas from Canada's diverse Black communities. The multi-purpose space will be used as an office for Black Lives Matter Canada, provide meeting space for artists and community groups, as well as studio, rehearsal and rentable space for community gatherings and events. The grounds will also be used to develop a community garden program and run freedom schools on food justice and land justice. The three-storey building has accessibility considerations and is located right downtown and in the heart of a historic Black neighbourhood, bordering on what is now Chinatown. Black Lives Matter Canada currently operates out of a rented space located at 76 Geary Avenue, and has been using this 1,700 square foot rental space for just over two years. The space serves as an office, an event space, an organizing space, and a space that community members can book for free to support their own organizing needs. Over the last year, they have grown significantly and expanded beyond the benefits that a 1,700-square foot space can provide, and the purchase of 24 Cecil Street will allow them to scale. Providing funding assistance for the Black Lives Matter Wildseed Centre supports many goals of the Toronto Action Plan to Confront Anti-Black Racism, including investing in Black arts and culture institutions, creating a Black community hub and enhancing community safety and wellness. This support and partnership would be ground-breaking and another tangible action to show the City's continuing commitment to address anti-Black racism. This would be the first centre for art and activism of its kind in North America.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council increase, on a one-time basis, the 2021 Council Approved Operating Budget for Non-Program, by $250,000.00 gross, $0 net, for implementation of capital upgrades to Black Lives Matter Canada's facilities located at 24 Cecil Street (Cost Centre: NP2161) fully funded from Section 37 (Planning Act Reserve Funds) community benefits from the following developments: a. 231-237 College Street and 177-189 Huron Street, secured for streetscape improvements; however the funds have not been utilized for the stated purpose within 3 years of the final confirmation date and thus may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is directed in the City's Official Plan and will benefit the community in the vicinity of the Lands, in the amount of $35,334 (Source Account: XR3026- 3700836); b. 231-237 College Street and 177-189 Huron Street, secured for cycling infrastructure; however the funds have not been utilized for the stated purpose within 3 years of the final confirmation date and thus may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is directed in the City's Official Plan and will benefit the community in the vicinity of the Lands, in the amount of $36,262.05 (Source Account: XR3026-3700838); and c. 20 Edward Street, secured for capital improvements which will benefit the community in the vicinity of the project, in the amount of $178,403.95 (Source Account: XR3026-3701042). 2. City Council direct that the $250,000.00 be forwarded to Black Lives Matter Canada, subject to Black Lives Matter Canada signing an Undertaking governing the use of the funds and the financial reporting requirements. 3. City Council request the Controller to determine whether the Wildseed Centre meets the eligibility criteria to access the City's Tax Rebate Program for Ethnocultural Centres as set out in the City of Toronto Municipal Code Chapter 767, Taxation. 4. City Council request the Executive Director, Social Development, Finance and Administration, responsible for the Confronting Anti-Black Racism Unit, the General Manager, Economic Development and Culture and the Director, Environment and Energy, to work to identify other opportunities to support the creation and sustainable operations of the Wildseed Centre, including but not limited to funding from cultural grants, and exploring funding for energy retrofitting financing.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Paula Fletcher, recommends that: 1. City Council increase, on a one-time basis, the 2021 Council Approved Operating Budget for Non-Program, by $250,000.00 gross, $0 net, for implementation of capital upgrades to Black Lives Matter Canada's facilities located at 24 Cecil Street (Cost Centre NP2161). fully funded from Section 37 (Planning Act Reserve Funds) community benefits from the following developments: a. 231-237 College Street and 177-189 Huron Street, secured for streetscape improvements; however the funds have not been utilized for the stated purpose within 3 years of the final confirmation date and thus may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is directed in the City's Official Plan and will benefit the community in the vicinity of the Lands, in the amount of $35,334 (Source Account Number XR3026- 3700836); b. 231-237 College Street and 177-189 Huron Street, secured for cycling infrastructure; however the funds have not been utilized for the stated purpose within 3 years of the final confirmation date and thus may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is directed in the City's Official Plan and will benefit the community in the vicinity of the Lands, in the amount of $36,262.05 (Source Account Number XR3026-3700838); c. 231-237 College Street and 177-189 Huron Street, secured for improvements to the Huron Street Garden; however the funds have not been utilized for the stated purpose within 3 years of the final confirmation date and thus may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is directed in the City's Official Plan and will benefit the community in the vicinity of the Lands, in the amount of $55,271 (Source Account Number XR3026-3700837); and d. 20 Edward Street, secured for capital improvements which will benefit the community in the vicinity of the project, in the amount of $123,132.95 (Source Account Number XR3026-3701042). 2. City Council direct that the $250,000.00 be forwarded to Black Lives Matter Canada, subject to Black Lives Matter Canada signing an Undertaking governing the use of the funds and the financial reporting requirements. 3. City Council request the Controller to determine whether the Wildseed Centre meets the eligibility criteria to access the City's Tax Rebate Program for Ethnocultural Centres as set out in the City of Toronto Municipal Code Chapter 767, Taxation. 4. City Council request the Executive Director, Social Development, Finance and Administration, responsible for the Confronting Anti-Black Racism Unit, the General Manager, Economic Development and Culture and the Director, Environment and Energy, to work to identify other opportunities to support the creation and sustainable operations of the Wildseed Centre, including but not limited to funding from cultural grants, and exploring funding for energy retrofitting financing.
CC35.9amended
8 Elm Street, 348 - 350 Yonge Street, and 352-354 Yonge Street - Request for Directions
The purpose of this report is to seek further instructions related to a development application for an ongoing appeal at the Ontario Land Tribunal (formerly the Local Planning Appeal Tribunal).
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor as amended by motion 1 by Councillor Mike Layton. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor as amended by motion 1 by Councillor Mike Layton. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor, as amended by motion 1 by Councillor Mike Layton, were adopted by City Council and are now public as follows: 1. City Council amend Part 4 of its decision made on June 18, 2019, (Item 2019.TE6.5) with respect to the provision of community arts and culture space, by deleting Part 4.c. in its entirety and replacing it with the following Part 4.c.: 4.c. require the owner, at the option of and complete discretion of the City, to either: i. make a payment in the amount of $5,000,000 for the provision of off-site affordable housing within Ward 11, or towards other Section 37 matters as determined by the Ward Councillor, in consultation with the Chief Planner and Executive Director, City Planning, payable prior to the issuance of the first above grade building permit, and indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index and calculated from the date of the Council decision authorizing the Zoning By-law Amendment; or in the alternative; ii. design, construct to base building standards and convey to the City in fee simple a minimum of 471 square metres of community space on the third floor of the proposed building and make a further cash payment to the City, in accordance with the following: - prior to filing a site plan application, the owner will provide written notice to the City of its intention to apply for site plan approval, after which date the City would have 90 days to elect whether to take the $5,000,000 as a cash contribution described above or take the conveyance of 471 square metres of on-site community space; if the City elects to take the conveyance of the community space, then: - the owner will design and construct the community space to base building standards as approved by the City and agreed to by the owner; - the City and the Owner will enter into an easement and cost sharing agreement to facilitate the integration of the development and the community space, with the City being responsible for its pro rata share of operating costs for shared facilities, and for paying utilities for the community space; and further that the owner will not be required to pay development charges, if any, in respect of such community space to be conveyed to the City; - any changes to the location of the space to be to the satisfaction of the Chief Planner and Executive Director, City Planning; and - in addition to the fee simple conveyance of the community space, the owner will make a cash payment of $1,577,855.30, towards Section 37 matters as determined by the Ward Councillor, in consultation with the Chief Planner and Executive Director, City Planning, payable prior to the issuance of the first above grade building permit, and indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index and calculated from the date of the Council decision authorizing the Zoning By-law Amendment. 2. City Council authorize the City Solicitor and appropriate City Staff to advise the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) that City Council supports the above revision to the Section 37 contribution for the proposed development and to take all steps necessary to give effect to City Council's decision. The balance of Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor. 2. City Council authorize the public release of the recommendations in Confidential Attachment 1 if adopted by City Council, with the remainder of the Confidential Attachment 1 to remain confidential as it contains advice which is subject to solicitor-client privilege.
MM35.9adopted
Small businesses are significant employers and contributors to the local, regional and national economies. Toronto small businesses have been financially devastated during the punishing COVID-19 lockdowns. As such their current operational and fiscal challenges are not due to any fault of their own. Many have been forced to lay off staff, reduce hours of operations and service offerings. Some businesses have been completely unable to re-open their doors since the Provincial state of emergency was originally declared on March 17, 2020. Thousands of small business operators have drained their retirement accounts and personal savings while trying to keep their businesses afloat. Many more have gone into further debt keeping up with their fixed costs, such as rent, utilities and property taxes. Although the City of Toronto offered a property tax deferral to businesses passed by City Council by way of a special by-law in 2020 as a recognition of pandemic hardship, that program was not extended the following year despite the pandemic still being with us. Recently, it has come to my attention that in 2021 the City is also charging high interest rates for late payment of property taxes, even if the 2020 property taxes are now paid in full. Further to this, a specific business owner in Ward 13, the Oasis Aqualounge operating at 93 Carlton Street, who dutifully paid the 2020 deferred property taxes in full had her tax bill sent to a collections agency in order for the City of Toronto to collect approximately $4500 in interest payments. She has rightfully raised this issue and it is protesting the high-interest payments charged on the approved deferral that the City gave her and other struggling businesses. The City of Toronto should be supporting small businesses during the pandemic with a common sense approach without adding avoidable hardship and stress. This Motion strives to do this in a thoughtful and deliberate manner.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct the City Manager to review and report back to the September 30, 2021 meeting of City Council on the property tax deferral program implemented through a special by-law brought during COVID-19 to retroactively eliminate interest payments on late payments accumulated during the deferral period for approved applicants.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Brad Bradford, recommends that: 1. City Council direct the City Manager to review and report back to the September 30, 2021 meeting of City Council on the property tax deferral program implemented through a special by-law brought during COVID-19 to retroactively eliminate interest payments on late payments accumulated during the deferral period for approved applicants.
CC35.10adopted
At its meeting on December 17, 2019, City Council adopted Official Plan Amendment Number 478 ("Official Plan Amendment 478"), to implement the outcome of the Main Street Planning Study, and to unlock the development potential of the study area, which consists of properties along Danforth Avenue, Main Street, Dawes Road and the intersection of Gerrard Street East and Main Street, all generally within 500 to 800 metres of the Main Street subway station and the Danforth GO station. It was intended that Official Plan Amendment 478 guide the study area's growth and intensification into a transit-oriented complete community that conforms to and is consistent with Provincial Plans and policies. There were eight appeals of Official Plan Amendment 478 to the Local Planning Appeal Tribunal. The Local Planning Appeal Tribunal has conducted the first Case Management Conference on December 16, 2020, at which Metrolinx and Minto (Dawes) GP Inc. were granted party status, and the Royal Canadian Legion was granted participant status, all on consent. The Local Planning Appeal Tribunal is now known as the Ontario Land Tribunal. The next Case Management Conference is scheduled for September 20, 2021. The Tribunal has scheduled a six-week hearing commencing on April 4, 2022. The purpose of this report is to request further instructions with respect to the appeals of Official Plan Amendment 478. City Planning has been involved in the preparation of this report.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor only at the discretion of the City Solicitor. 3. City Council authorize the public release of Confidential Attachments 2 to 13 to the report (July 2, 2021) from the City Solicitor, only at the discretion of the City Solicitor. 4. City Council direct that the balance of Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client and litigation privilege. Confidential Attachment 1 and Confidential Attachments 2 to 13 to the report (July 2, 2021) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client and litigation privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 to 13 to the report (July 2, 2021) from the City Solicitor will be made public only at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor remains confidential, in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client and litigation privilege. December 24, 2021 The confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor were adopted by City Council and have been made public with redactions, the City Solicitor having exercised the City Solicitor's discretion to make them public with redactions, as follows: 1. City Council authorize the City Solicitor to request that the Ontario Land Tribunal allow the appellants' appeals in part, and modify and approve Official Plan Amendment 478, substantially in accordance with Confidential Attachment 3 to the report (July 2, 2021) from the City Solicitor [balance redacted]. 2. [redacted]. 3. City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision. Confidential Attachments 2, 3, 10, 11, 12 and 13 to the report (July 2, 2021) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council). Confidential Attachments 7 and 8 to the report (July 2, 2021) from the City Solicitor are now public with redactions, the City Solicitor having exercised the City Solicitor's discretion to make them public with redactions, and can be accessed under Background Information (City Council).
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, and authorize the public release of Confidential Attachments 2 to 13, if adopted by City Council, only at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential, as it contains advice which is subject to solicitor-client and litigation privilege.
MM35.10adopted
Trash floating in Toronto harbour is an ongoing problem. PortsToronto and the Waterfront Business Improvement Area, in collaboration with the University of Toronto Trash Team, wish to install Seabin trash collection devices at locations along the waterfront, particularly in the Inner Harbour area. Seabins are attached to seawalls or floating docks and use a pump to pull water and trash into a collection basket, which must be emptied daily. The proponents propose to analyze the trash to better understand the sources of trash in the harbour. The Waterfront Business Improvement Area is paying for the devices and donating them to PortsToronto. PortsToronto will be responsible for the installation, repairs, removal and storage of the Seabins at the end of each season. Parks, Forestry and Recreation has agreed to the installation of Seabins at sites under its jurisdiction. Parks, Forestry and Recreation will also pay for any power required to operate the devices that tap into Parks, Forestry and Recreation electrical assets, however PortsToronto will be responsible for installing and maintaining any special power hook-ups required for operation. Parks, Forestry and Recreation staff will also empty the Seabin baskets daily at sites under Parks, Forestry and Recreation jurisdiction and collaborate with the University of Toronto Trash Team or a third-party to facilitate their analysis of the trash. The network of Seabin sites will also include other locations not subject to this motion, such as sites maintained by the Toronto Police Service and Harbourfront Centre. Approximately six (6) Seabins are expected to be installed under the authority given by this Motion in Year 1 of the program. The costs to power the devices at Parks, Forestry and Recreation-maintained sites is estimated at approximately $2,700 per year. As it would cost more to install meters to separate out the costs directly related to powering the devices, Parks, Forestry and Recreation has agreed to cover the nominal incremental costs from the existing approved Parks, Forestry and Recreation Operating Budget. PortsToronto and the project partners will provide an annual report on the project's operations and effectiveness, to be made available to the public. The report will also serve as a guide for any necessary adjustments to the program. The Seabins have been acquired and PortsToronto wishes to install them as soon as possible.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to enter into and execute, on behalf of the City of Toronto, the necessary agreements with PortsToronto and any other relevant authority to govern the installation, operation, maintenance and removal of waterside-mounted trash collecting devices along the waterfront at sites where the City has jurisdiction, and to collaborate on a communications program, with the City's nominal financial contribution to be funded from the existing 2021 Council Approved Operating Budget for Parks, Forestry and Recreation to cover the seasonal hydro costs for powering the trash-collecting devices as necessary, for a term of not longer than three years, with the option, exercisable by the General Manager, to renew the agreement for up to two additional terms of up to three years each, on terms and conditions (including any renewal rights) satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Paula Fletcher, recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to enter into and execute, on behalf of the City of Toronto, the necessary agreements with PortsToronto and any other relevant authority to govern the installation, operation, maintenance and removal of waterside-mounted trash collecting devices along the waterfront at sites where the City has jurisdiction, and to collaborate on a communications program, with the City's nominal financial contribution to be funded from the existing 2021 Council Approved Operating Budget for Parks, Forestry and Recreation to cover the seasonal hydro costs for powering the trash-collecting devices as necessary, for a term of not longer than three years, with the option, exercisable by the General Manager, to renew the agreement for up to two additional terms of up to three years each, on terms and conditions (including any renewal rights) satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
CC35.11amended
On December 22, 2016, the applicant submitted an Official Plan Amendment to amend the Toronto Official Plan to add a Site and Area Specific Policy for the lands municipally known as 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue (the "Subject Lands") to permit a mixed use development. The Subject Lands are located within the Golden Mile Secondary Plan study area. The proposed Site and Area Specific Policy included building heights ranging from one-storey to 39-storeys, 2,614 residential units (242,799 square metres of residential uses) and 30,629 square metres of non-residential uses, with a proposed gross Floor Space Index of 3.5 times the area of the site, for a total gross floor area of 273,428 square metres. The proposed mixed-use development would include multiple tall buildings with a range of building heights and stacked townhouses with a total of 1,630 residential units and 26,004 square metres of new retail uses proposed to be developed in five (5) blocks. On March 5, 2018, the applicant appealed their proposed Site and Area Specific Policy to the Local Planning Appeal Tribunal now continued as the Ontario Land Tribunal due to Council's failure to make a decision within the statutory timeframe. On November 8, 2019, the City received a letter from the applicant's solicitor, being a "with prejudice" settlement offer and formal revision to the application ("Resubmission Letter"). The Resubmission Letter advised that the applicant has amended its application, including an increase in proposed density to 4.28 times the area of the lands, comprising of approximately 3,291 residential units (303,215 square metres of residential uses) and 31,173 square metres of non-residential uses, for a proposed total gross floor area of 334,928 square metres. The Resubmission Letter also provided an updated OPA by-law, which provides for upwards of 340,000 square metres of gross floor area, which is a significant increase of approximately 61,500 to 66,572 square metres of gross floor area. The Resubmission Letter was not accompanied by any supporting reports or update letters. On September 22, 2020, the applicant filed updated materials and studies in support of its Resubmission Letter. On January 8, 2020, Scarborough Community Council directed that the City Solicitor, the Chief Planner and Executive Director, City Planning and appropriate City staff attend a meeting to discuss a possible resolution of the matter in advance of the January 29, 2020 City Council meeting. The matter was deferred at January 29, 2020 City Council meeting and due to COVID-19 was on the agenda for the July 28 and 29, 2020 meeting of City Council. The matter was considered by Council in July and was before Council for further consideration in January 2021. On October 21, 2020, the applicant filed zoning by-law amendment and draft plan of subdivision applications for the Subject Lands. A notice of incomplete application letter was issued in November. After further required materials were received by the applicant, a notice of complete application was issued on December 14, 2020. On May 5, 2021, the applicant appealed their proposed Zoning By-law and draft plan of subdivision to the Ontario Land Tribunal due to Council's failure to make a decision within the statutory timeframe. The purpose of this report is to request further instructions regarding matters appealed to the Ontario Land Tribunal.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 13, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C, D, E and F to the supplementary report (July 13, 2021) from the City Solicitor, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (July 13, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. 4. City Council direct that Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor remain confidential. Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege and information regarding potential litigation. Confidential Attachment 1 and Confidential Appendices A, B, C, D, E and F to the supplementary report (July 13, 2021) from the City Solicitor, remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contains advice or communications that are subject to solicitor-client privilege and they contain information regarding potential litigation. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C, D, E and F to the supplementary report (July 13, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the supplementary report (July 13, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor. August 27, 2021 The confidential instructions to staff adopted by City Council have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows: 1. City Council accept the "without prejudice" settlement offer attached as Confidential Appendix A (the "Settlement Offer") and the Plans and Drawings substantially in accordance with Confidential Appendix "B to the supplementary report (July 13, 2021) from the City Solicitor as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning (together, the "Revised Proposal") for the lands municipally known as 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue (the "Development Site") and City Council direct the City Solicitor to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to support the Revised Proposal, subject to Parts 2 to 16 below: 2. City Council direct the City Solicitor to advise the owner (and receive confirmation of same) that Item E. 4. (vi) in Confidential Appendix E to the supplementary report (July 13, 2021) from the City Solicitor has been deleted and replaced with the following: vi) The financial security provided to the City in association with the removal of the temporary services shall be returned to the owner on the earlier of: - five (5) years following the assumption of services by the City within the portion of Street C on the Starlight Lands (municipally known as 860 Pharmacy Avenue, 9-40 Craigton Drive and 1 Rannock Street) north of the Development Site, if the City has not relocated the temporary services; - Prior to the City assuming the temporary municipal services in Block 3 (Block A1), if the owner removes the temporary services out of Block 3 (Block A1), the letter of credit provided shall be returned to the owner within 120 days of the owner removing the temporary services to the satisfaction of Chief Engineer and Executive Director, Engineering and Construction Services; or - A timeline which may be established in accordance with Part 16 below. 3. City Council endorse the draft Phasing Plan in Confidential Appendix E to the supplementary report (July 13, 2021) from the City Solicitor, as amended by Part 2 above, and City Council require that the final form of a Phasing Plan on the Development Site be provided to the City in a form and content acceptable to the Chief Planner and Executive Director, City Planning and City Council authorize the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, and the Executive Director, Corporate Real Estate Management to ensure that such matters are secured in appropriate agreement(s), the Zoning By-law Amendment and/or Draft Plan of Subdivision satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor. 4. City Council authorize the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the City Solicitor and the Chief Building Official and Executive Director, Toronto Building, in the context of the Draft Plan of Subdivision and Zoning By-law Amendment Application to make any such final determinations as to any modifications required related to the content, form, timing, phasing and implementation of any such matters related to the Zoning By-law Amendment and Draft Plan of Subdivision, including determinations of where such matters are secured to the satisfaction of the City Solicitor. 5. City Council deem that it is authorizing support of the Settlement Offer as set out in this decision in its capacity as planning approval authority for the proposed development, without prejudice to any of the City's rights as tenant of part of the lands pursuant to a lease with the owner which lease is administered and managed by the Deputy City Manager, Corporate Services, and the owner is required to comply with all of the terms of the lease, including but not limited to providing notice associated with redevelopment plans for review and consideration of relocation of existing municipal capital facilities on the lands, including the Toronto Employment and Social Services leased facilities and that such relocation on the Development Site be required to be approved by the Executive Director, Corporate Real Estate Management in accordance with the terms of the lease; and that such community space identified in Part 10 below does not include the Toronto Employment and Social Services leased facilities or purport to be the new location of such facilities. Parkland Dedication 6. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 6,597 square metres, generally as shown on Confidential Appendix C to the supplementary report (July 13, 2021) from the City Solicitor as Block 3 (Block A1) and Block 4 (Block A2), satisfying a part of the owner's Parkland dedication requirement under Section 42 of the Planning Act with the remainder being a payment in lieu in accordance with Chapter 415, Article III of the Municipal Code, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation; the on-site parkland dedication to be transferred to the City shall be in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments and subject to Part 9 below. 7. City Council require that the parkland dedication in Part 6 shall be conveyed to the City, prior to the issuance of any building permit for any of Block 5, 7 and 8 on the lands to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 8. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 9. City Council direct that should Block 3 (Block A1) be determined by the Chief Engineer and Executive Director, Engineering and Construction Services to be required for municipal servicing connecting the north-south segment of Craigton Drive to Street C, then Block 3 (Block A1) shall be conveyed to the City as land for municipal services and not as an on-site parkland dedication pursuant to Section 42 of the Planning Act, with such reduction being reduced from the on-site parkland dedication in Part 6 above and the owner shall provide the City an additional payment in lieu of parkland under Chapter 415, Article III of the Municipal Code and such payment in lieu for Block 3 (Block A1) only shall be made in accordance with the timing in Part 7 above. Community Benefits 10. City Council authorize the City Solicitor to enter into and register on title to the lands, one or more agreements pursuant to Section 37, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor to secure the following matters, on such terms and conditions as may be required satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the General Manager, Parks, Forestry and Recreation, the General Manager, Toronto Water, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Social Development and Finance Administration, and the Executive Director, Corporate Real Estate Management: a. the owner shall design, construct and convey to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City: i. a minimum 30,000 square feet of Community Agency Space of useable gross floor area; or ii. at the discretion of the Chief Planner and Executive Director, City Planning, a minimum amount of Community Agency Space of useable gross floor area valued at a minimum of 13.5 million dollars (indexed upwards in accordance with the Construction Price Index from the date of Agreement) at a value per square foot construction costs satisfactory to the Chief Planner and Executive Director, City Planning and the Executive Director, Corporate Real Estate Management; either of which options are located within Block 6 (Block F) in a location and configuration all satisfactory to the Chief Planner and Executive Director, City Planning, the Executive Director, Corporate Real Estate Management and the Executive Director, Social Development, Finance and Administration and subject to the following: iii. the Community Agency Space shall be delivered to the City in fee simple and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor; iv. prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor; and v. concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to, the appropriate lands a Shared Facilities Agreement at no cost to the City, that is in a form satisfactory to the City Solicitor; the Shared Facilities Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space; and b. the provision of 130 affordable housing units, based on 100 percent Average Market Rent and an affordability period of 15 years with these affordable housing units being provided as follows: i. 50 percent of the affordable housing units on Block 1 (Block G); ii. 50 percent of the affordable housing units on Block 8 (Block D); iii. with an option for the owner to provide some affordable housing units, being no less than six (6) contiguous units within Block 6 (Block F) and such affordable housing units provided within Block 6 (Block F) may be reduced from the required amount of affordable housing units to be provided within Block 8 (Block D); iv. with an option for the owner to provide more than 50 percent of the affordable housing units, within Block 1 (Block G) and such affordable housing units provided within Block 1 (Block G) may be reduced from the required amount of affordable housing units to be provided within Block 8 (Block D); v. the unit types and sizes shall be determined in each site plan application, and shall reflect the unit mix and average size of market units within each building, with the overall unit mix of the affordable housing units on the Development Site as generally identified in Confidential Appendix A to the supplementary report (July 13, 2021) from the City Solicitor, to the satisfaction of the Chief Planner and Executive Director, City Planning; and vi. with the timing as generally identified in Confidential Appendix E to the supplementary report (July 13, 2021) from the City Solicitor, as amended by Part 2 above, with such terms and conditions acceptable to the Chief Planner and Executive Director, City Planning and the City Solicitor. Matters Required to Support the Development 11. City Council also direct that the following matters required to support development be secured in the Section 37 Agreement, Zoning By-law Amendment and/or Conditions of Subdivision Approval for the Subdivision Agreement, where deemed appropriate by the Chief Planner and Executive Director, City Planning and the City Solicitor, as a legal convenience: a. the owner shall prepare, at its expense, a Public Art plan (the "Public Art Plan") for the provision of Public Art, up to a maximum value of $1,000,000.00, upon the Site or adjacent City-owned land and shall submit the Public Art Plan to the City, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Public Art Commission, and to City Council for approval, in accordance with the terms and conditions satisfactory to the Chief Planner and the Executive Director, City Planning and the City Solicitor; the Public Art Plan may include design strategies to incorporate indigenous culture/history throughout the Development Site; b. prior to the issuance of the first above grade building permit for any residential development on each Block where public art is planned, the owner shall provide financial security in the form of a Letter of Credit for public art, identified in the approved Public Art Plan to secure the commission and installation of public art in accordance with the approved Public Art Plan in Part 11.a. above; c. the required transportation improvements and transportation demand management measures identified in the Multi-Modal Transportation Impact Study accepted and satisfactory to the General Manager, Transportation Services and secured to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning in the Zoning By-law Amendment in addition to the following identified matters: i. the owner shall pay to the City, by certified cheque, the sum of Five Hundred Thousand Dollars ($500,000.00) in Canadian funds, indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, calculated from the date of the execution of this Agreement to the date of payment, for the future implementation of a minimum of ten (10) bike-share stations, at locations that may be determined by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; ii. prior to the issuance of any above grade building permit on each Block where bike repair stations are planned for and identified in the Site Plan Application satisfactory to the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, the owner shall provide a letter of credit for $2,000 for each bike repair station per building to a minimum of eight (8) bike repair stations for all blocks on the Development Site, and thereafter provide evidence of installation in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned; iii. prior to the issuance of any above grade building permit on each block, the owner shall provide a letter of credit for $5,000.00 for the provision of each real-time transportation information screen for each building to a minimum of eight (8) transportation information screen where planned and thereafter provide evidence of installation, such as in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned; iv. a financial contribution of a of $125,000.00 for the future Victoria Park Avenue Transit Study; v. the owner shall provide a PRESTO pass to each of the 130 affordable housing units, each pre-loaded with the value of one yearly PRESTO fare to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; and vi. the owner shall provide a minimum of 500 bike share annual memberships to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, of which, there shall be bike share memberships provided to each of the 130 affordable housing units; d. the owner shall provide, at their sole cost and expense, a wind tunnel testing for the development as part of a site plan control application, and thereafter secure and implement mitigation measures identified in any accepted Wind Tunnel Study/Report satisfactory to the Chief Planner and Executive Director, City Planning; e. the following privately owned publicly accessible open spaces, whereby as a pre-approval condition to Site Plan Approval for each respective Block where the privately owned publicly accessible open spaces is located, the owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly accessible open spaces and any required public access easements to connect the privately owned publicly accessible open spaces to adjacent privately owned publicly accessible open spaces and/or public rights-of-way, where necessary; and the owner shall own, operate, maintain and repair the privately owned publicly accessible open spaces and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly accessible open spaces at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately owned publicly accessible open spaces shall be determined in the context of a site plan approval for each building and/or block pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City: i. Block 6 (Block F) - Southwest Corner privately owned publicly accessible open space with a minimum size of 380 square metres; ii. Block 1 (Block G) - South GM Blvd privately owned publicly accessible open space with a minimum size of 560 square metres; iii. Block 7 (Block E) - Central Plaza privately owned publicly accessible open space with a minimum size of 680 square metres/Public Art at Intersection; and iv. Block 8 (Block D) - privately owned publicly accessible open space along Street C with a minimum size of 740 square metres with a minimum width of 10 metres; f. the provision of public pedestrian access easements to provide to the satisfaction of the Chief Planner and Executive Director, City Planning, with the exact location, design and timing of delivery of the pedestrian easement to be determined in the context of a Site Plan Approval; the owner shall own, operate, maintain and repair the public pedestrian easement area and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the public pedestrian easement at certain times of the day and night, and the owner may restrict other uses of this space, so long as they do not unreasonably obstruct pedestrian movement of persons of all ages and abilities with such matters determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; g. prior to the issuance of Site Plan Approval for any part of the Development Site, the owner shall provide a Design Brief, to the satisfaction of the Chief Planner and Executive Director, City Planning; h. the owner will construct and maintain the Development Site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the Development Site; i. the requirements for a construction management plan to be provided at site plan approval, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, any required coordination with Metrolinx regarding the Eglinton Crosstown LRT, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; j. implementation of, and/or mitigation measures listed, in any the reports, studies and plans accepted by the City submitted by the owner and any such implementation measures secured in the appropriate agreements; k. the conditions and matters as identified in memorandums provided to the City on behalf of Metrolinx as it relates to the Eglinton LRT, utility companies Toronto District School Board, Toronto District Catholic School Board, and the Toronto and Region Conservation Authority based on their review of the development applications, all of which are identified satisfactory to the Chief Planner and Executive Director, City Planning and secured in the appropriate agreement(s), the Zoning By-law Amendment and Draft Plan of Subdivision conditions (where appropriate), satisfactory to the City Solicitor; l. as part of the first site plan application and prior to any site plan approval on any part of the site, the owner shall provide a revised landscape plan and soil volume plan for the entire Development Site, including streetscape cross-sections, all satisfactory to the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Director, Urban Forestry, building upon the plans and drawings prepared by mbtw group dated June 16, 2021; m. as part of the first site plan application and prior to any site plan approval on any part of the Development Site, the owner shall provide a Public Utilities Plan for the entire Development Site to ensure, among other matters, that above ground and underground utilities and streetscape elements, such as street trees, sidewalk locations are located at appropriate locations for all new and existing streets and such plan should be submitted as a separate grayed out underlay and underlay on the Landscape Plan required above, for the entire Development Site, all satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Director, Urban Forestry; and n. the final phasing of the Development Site building upon the phasing plan triggers outlined in Confidential Appendix E to the supplementary report (July 13, 2021) from the City Solicitor, as amended by Part 2 above, in a form and content acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Social Development and Finance Administration, the Executive Director, Corporate Real Estate Management and the City Solicitor, and such matters are secured in appropriate agreement(s) satisfactory to the Chief Planner and Executive Director, City Planning. Conditions to Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) Order 12. City Council direct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold issuance of its Order on the Zoning By-law Amendments and Draft Plan of Subdivision Applications until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment is in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning, including the Site-Specific Zoning By-law Amendment to the Former City of Scarborough Zoning By-law and including any required revisions, changes or amendments thereto, and where such amendments pertain to the built form matters that such provisions be satisfactory to the Chief Planner and Executive Director, City Planning and a determination by the Chief Building Official and Executive Director, Toronto Building and the Chief Planner and Executive Director, City Planning on whether the prevailing by-law exception identified by the owner is required and/or is appropriate; b. the draft plan conditions and the draft plan of subdivision application are satisfactory in content and form to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor including any required revisions, changes or amendments thereto; c. the owner has provided a final form of Phasing Plan, in a content and form acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Corporate Real Estate Management and the City Solicitor; d. the owner has, at its sole cost and expense: i. submitted the watermain distribution analysis for the Golden Mile developments which identifies the required watermain upgrades, a revised Functional Servicing Report, together with supporting documentation, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; ii. confirmed that the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either do not require changes to the proposed Zoning By-law Amendment or any such required changes have been made to the proposed Zoning By-law Amendment to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services; iii. submitted a revised Multi-Modal Transportation Impact Study including identifying the transportation demand management measures and the multi-modal analysis to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning and that such matters arising from such study, including the required transportation demand management measures, be secured where appropriate and as required; iv. filed a complete revised Draft Plan of Subdivision application to the City, including updated plans, drawings, reports and studies in support of the same, which reflect the revised proposal for circulation and comment by all applicable divisions, agencies and boards, both internal and external, to the City, the circulation of the Draft Plan of Subdivision shall have been completed and the Chief Planner and Executive Director, City Planning, shall be satisfied with the Draft Plan of subdivision, and shall have prepared draft plan approval conditions in acceptable form for approval of the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal), as applicable; v. file a complete set of revised Architectural Plans to reflect the revised Zoning By-law and implement the Settlement Offer by July 26, 2021; and vi. secured the requirement for the design of any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, including securing the provision of financial securities for any such upgrades or improvements, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such upgrades or improvements shall have been secured at the discretion of the Chief Engineer and Executive Director, Engineering and Construction Services in the Section 37 Agreement and/or in a Subdivision Agreement with the City; e. the owner has entered into a Section 37 Agreement with the City that has been executed, and registered on title to the property all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor securing the owner's Section 37 contributions identified above and the matters agreed to and/or required in support of the development of Development Site; and f. the owner has agreed to resolve its appeal of Official Plan Amendment 499, including the Golden Mile Secondary Plan and not seek any party or participant status on the appeals, and that Official Plan Amendment 499 is brought into force as it applies to the Site. 13. City Council authorize the inclusion of a portion of Craigton Drive in the proposed Zoning By-law Amendment Application for the Development Site and City Council resolve that such inclusion of a portion of Craigton Drive shall not fetter the discretion of the City in the operation, management and/or control of such lands, including any potential future disposition or non-disposition of such lands. 14. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. 15. City Council confirm that the City Solicitor has any necessary discretion with regard to the consolidation of the Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision appeals before the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal). 16. City Council direct that should the temporary services not be dealt with in accordance with the revision directed in Part 2 above, the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with City Solicitor, bring forward a report within two (2) years of the City's assumption of the temporary municipal services within Block 3 (Block A1), on the status of the temporary services within Block 3 (Block A1) and the associated municipal infrastructure within the surrounding area and such report shall contain a timeframe for reducing or returning the financial security provided to the City. Confidential Appendices A, B, C, D, E and F to the supplementary report (July 13, 2021) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council).
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council direct that all information contained in Confidential Attachment 1 of the report (July 2, 2021) from the City Solicitor remain confidential.
MM35.11adopted
Beginning in 2017, Chris Foster and Daniel Rotsztain, operating as the Lake Effect Projects artists' collective, based out of Artscape Gibraltar Point in Toronto Island Park, have commissioned biannual exhibitions of artworks inserted into 10 existing former advertisement frames along the elevated mezzanine that surrounds the passenger assembly area at the Jack Layton Ferry Terminal. The exhibitions add colour and beauty to the facility, presenting artworks by Toronto-based professional artists who reflect the diversity of communities who use the terminal to access the Toronto Islands. Lake Effect Projects secures funding for artist fees, installation costs and insurance and installs the panels in collaboration with Parks, Forestry and Recreation. The artwork and related didactic panels are pre-approved by the City, and are typically changed twice every year for variety and to reflect the changing seasons. The artwork of 24 artists has been exhibited in the project to date, enjoyed by hundreds of thousands of ferry passengers annually. Due to changes in Parks, Forestry and Recreation's delegated authority and the expiry of the original agreements, Council authority is required to continue the popular program under a new agreement. Parks, Forestry and Recreation has agreed to cover and absorb the costs of printing the panels, from files supplied by Lake Effect, at the City's sign shop for an approximate annual cost of $3,000, within its 2021 Council Approved Operating Budget. This motion is urgent because Lake Effect Projects has a new season of panels ready to be installed for this summer season.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to enter into and execute, on behalf of the City of Toronto, the necessary agreements with Chris Foster and Daniel Rotsztain, operating as the Lake Effect Projects artists' collective, to govern the installation and removal of artistic panels at the Jack Layton Ferry Terminal as part of a beautification project, to be funded by Lake Effect Projects except for a nominal financial contribution from the City to be funded from the existing 2021 Council Approved Operating Budget for Parks, Forestry and Recreation to cover the costs of printing the panels at a City facility, for a term of not longer than three years, with the option, exercisable by the General Manager, Parks, Forestry and Recreation to renew the agreement with Chris Foster and Daniel Rotsztain or their successors if they are no longer involved with Lake Effect Projects, for up to two additional terms of up to three years each, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to enter into and execute, on behalf of the City of Toronto, the necessary agreements with Chris Foster and Daniel Rotsztain, operating as the Lake Effect Projects artists' collective, to govern the installation and removal of artistic panels at the Jack Layton Ferry Terminal as part of a beautification project, to be funded by Lake Effect Projects except for a nominal financial contribution from the City to be funded from the existing 2021 Council Approved Operating Budget for Parks, Forestry and Recreation to cover the costs of printing the panels at a City facility, for a term of not longer than three years, with the option, exercisable by the General Manager, Parks, Forestry and Recreation to renew the agreement with Chris Foster and Daniel Rotsztain or their successors if they are no longer involved with Lake Effect Projects, for up to two additional terms of up to three years each, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
CC35.12adopted
On February 22, 2019, the Governing Council of the University of Toronto, submitted a Zoning By-law Amendment Application (deemed complete March 29, 2019) for the lands municipally known as 78-90 Queen's Park (the "Site"). The Site is located within the University of Toronto Secondary Plan. The application proposes to permit a nine-storey institutional building with an overall height of approximately 43 metres and a gross floor area of approximately 14,770 square metres for the property at 78-90 Queen's Park. Falconer Hall and the Edward Johnson building are proposed to be retained, conserved and integrated into the development while the McLaughlin Planetarium is proposed to be demolished. City Planning recommended approval of the application to Toronto and East York Community Council. However, Toronto and East York Community Council deferred consideration of the item on October 15, 2020. On October 19, 2020, the applicant appealed their zoning application to the Local Planning Appeal Tribunal (the "LPAT") due to Council's failure to make a decision within the statutory timeframe. On February 2, 2021, City Council directed the City Solicitor and relevant staff to attend the LPAT and request and engage in mediation with all parties in an effort to resolve the outstanding matters related to the rezoning application, and to report back to City Council on the outcome of the mediation and to seek direction for the hearing of the appeals. LPAT-assisted mediation took place over 4 days on April 13, 14, 19 and 20, 2021. The purpose of this report is to request further instructions regarding a matter appealed to the LPAT.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (July 2, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the "without prejudice and confidential" settlement offer as described in Confidential Appendices A and B (the "Settlement Offer") to the report (June 25, 2021) from the City Solicitor and subject to Parts 3, 4, 5, 6, 7, 10 and 11 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter in support of the Settlement Offer for the lands municipally known as 78-90 Queen's Park (the "Site"). 3. Should the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) approve the Zoning By-law Amendment application, City Council authorize the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold the issuance of the final Order on the Zoning By-law Amendment appeal until such time as: a. the final form and content of the Zoning By-law Amendment are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has entered into a Heritage Easement Agreement(s) with the City for the properties at 80 and 84 Queen's Park, substantially in accordance with plans and drawings as set out in Confidential Appendix B to the report (July 2, 2021) from the City Solicitor; and the Heritage Impact Assessment dated March 18, 2020 and Heritage Addendum, dated May 19, 2021 prepared by ERA Architects Inc., attached as Confidential Appendix C to the report (July 2, 2021) from the City Solicitor, (together being the "Revised Heritage Impact Assessment"), on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning; c. the owner has provided a detailed Conservation Plan(s) prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Revised Heritage Impact Assessment, on file with the Senior Manager, Heritage Planning, for 80 and 84 Queen's Park, all to the satisfaction of the Senior Manager, Heritage Planning; d. the owner, at its sole cost and expense, has submitted revised Functional Servicing, Hydrogeological and Geotechnical Reports, and any other related engineering reports, to the satisfaction and acceptance of the Chief Engineer and Executive Director, Engineering and Construction Services and has agreed that the design and implementation of municipal infrastructure shall be at the University's sole cost and expense for any upgrades or improvements to City infrastructure identified in the approved Functional Servicing, Hydrogeological and/or Geotechnical Reports, with such improvements being secured to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should the Chief Engineer and Executive Director, Engineering and Construction Services determine that improvements to such infrastructure are required to support this development; and e. the owner has submitted a revised pedestrian level wind study to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures implemented through the Site Plan Approval process to the satisfaction of the Chief Planner and Executive Director, City Planning. 4. City Council approve the alterations to the heritage properties at 80 and 84 Queen's Park in accordance with Section 33 of the Ontario Heritage Act, to allow for alterations to the heritage properties on the lands known municipally as 80 and 84 Queen's Park with such alterations substantially in accordance with the Revised Heritage Impact Assessment, on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning, and subject to the related site specific Zoning By-law Amendment giving rise to the proposed alterations coming into full force and effect, and subject to the following additional conditions in Parts 5, 6, 7, 10 and 11 below. 5. City Council direct that prior to final site plan approval for the Lands, or any part of the Lands at 78-90 Queen's Park, the owner shall: a. provide final site plan drawings substantially in accordance with the approved Conservation Plan(s) required in Part 3.c. above, to the satisfaction of the Senior Manager, Heritage Planning; b. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Planning; c. provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; and d. provide a detailed Landscape Plan for the subject property satisfactory to the Senior Manager, Heritage Planning. 6. City Council direct that prior to the issuance of any permit for all, or any part of the Lands at 78-90 Queen's Park, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning, the owner shall: a. have obtained final approval for the necessary Zoning By-law Amendment required for the Site, such Amendment to have come into full force and effect; b. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan(s) required in Part 3.c. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; c. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning to secure all work included in the approved Conservation Plan(s), and approved Interpretation Plan; and d. provide full documentation of the existing heritage properties at 80 and 84 Queen's Park, including two (2) printed sets of archival quality 8" x 10" colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning. 7. City Council direct that prior to the release of the Letter of Credit required in Part 6.c. above, the owner shall: a. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan(s) and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and b. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning. 8. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into Heritage Easement Agreement(s) for the properties at 80 and 84 Queen's Park. 9. City Council authorize the entering into Heritage Easement Agreement(s) under Section 37 of the Ontario Heritage Act with the owner of 78-90 Queen's Park for the properties at 80 and 84 Queen's Park, in a form and with content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 10. City Council direct the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Planning to work with the applicant to address the following: a. to continue to consider further strategies for refining the new north west corner of Falconer Hall, to ensure the area of the new connection is minimized and the open space is maximized as reasonably possible; b. through the site plan approval process, consider the materiality and architectural details of development to ensure an appropriate interface with Falconer Hall, including, considering the potential for reduction and/or softening of the cantilever element as currently proposed and considering strategies to refine the massing to further reduce its visual prominence relative to Falconer Hall; and c. as one floor of the proposed development is reserved for use by the Royal Ontario Museum, if, prior to final site plan approval or an application for a building permit, under the Building Code Act, the space set aside for the Royal Ontario Museum is no longer required by the Royal Ontario Museum, the owner shall explore with City staff additional opportunities to further mitigate impacts to and further retention of Falconer Hall, including considering whether the 1908 addition or portions thereof can be retained. 11. Should the requested alterations permitted pursuant to Part 4 above be reduced and more of the property at 84 Queen's Park is able to be retained as a result of the work directed pursuant to Part 10 above, City Council direct and authorize the City Solicitor to: a. introduce the necessary Bill in City Council authorizing the entering into the amending Heritage Easement Agreement(s) for the properties at 80 and 84 Queen's Park; b. enter into an amending Heritage Easement Agreement(s) under Section 37 of the Ontario Heritage Act with the owner of 78-90 Queen's Park for the properties at 80 and 84 Queen's Park, in a form and with content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning; and c. require the owner to update any plans, drawings and reports, including the approved Conservation Plan satisfactory to the Senior Manager, Heritage Planner, to implement Part 10 above. 12. City Council authorize and direct City Officials to take the necessary steps to implement City Council's decision. Confidential Appendices A, B and C to the report (July 2, 2021) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, Confidential Appendix A, Confidential Appendix B and Confidential Appendix C to the report (July 2, 2021) from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM35.12adopted
311 Toronto provides a critical service to the residents of Toronto, therefore transparency about the implementation, accountability and reporting of 311 service requests is integral to the function of the City. Understanding what kinds of service requests are being made, and analyzing the data from 311 helps offices understand what kind of service improvements are necessary, and help inform budget and governance decisions. While there is reasonably high satisfaction from initial contact with 311, more can be done to provide better and more responsive customer service. While it is possible to manually track the status of an individual service request, residents are in a position where they must continually follow up. A more integrated system that would give residents automatic updates on the status of their service requests would go a long way in creating better customer service. This update should also include updated staff information. In order to build on the existing 311 Toronto protocols, better integration, transparency and reporting from individual divisions in response to service requests is necessary for resident and customer satisfaction. A monthly report to the Executive Committee from each division would be instrumental in understanding how many service requests each division receives, and the average amount of time it takes to resolve service requests. This would provide valuable information for staffing levels and service satisfaction, and help identify Divisional performance as it relates to service delivery. This Motion requests the General Manager, 311 to work with relevant municipal divisions and report back through the 2022 budget process with a plan on how to better integrate City divisions into an automatic reporting process, and the necessary funding to facilitate this request. It also requests a new, regular monthly report from each major division to the Executive committee, outlining the number of service requests.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the General Manager, 311 Toronto in collaboration with relevant municipal divisions, to report back through the 2022 budget process with a plan on how to better integrate City divisions into an automatic 311 Service request reporting process, and the necessary funding to facilitate this request. 2. City Council direct the General Manager, Municipal Licensing and Standards, the General Manager, Solid Waste Management Services, the General Manager, Toronto Water, the General Manager, Transportation Services and the General Manager, Parks, Forestry and Recreation to submit monthly update reports to the Executive Committee outlining important service request levels and trends. 3. City Council request the General Manager, 311 Toronto to report to the General Government and Licensing Committee in the fourth quarter of 2021 on the action taken on the recommendations.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Paul Ainslie, recommends that: 1. City Council request the General Manager, 311 Toronto in collaboration with relevant municipal divisions, to report back through the 2022 budget process with a plan on how to better integrate City divisions into an automatic 311 Service request reporting process, and the necessary funding to facilitate this request. 2. City Council direct the General Manager, Municipal Licensing and Standards, the General Manager, Solid Waste Management Services, the General Manager, Toronto Water, the General Manager, Transportation Services and the General Manager, Parks, Forestry and Recreation to submit monthly update reports to the Executive Committee outlining important service request levels and trends. 3. City Council request the General Manager, 311 Toronto to report to the General Government and Licensing Committee in the fourth quarter of 2021 on the action taken on the recommendations.
CC35.13adopted
579-585 Lawrence Avenue West - Zoning By-law Amendment Application - Request for Directions
On August 24, 2017, the City received applications to amend the Official Plan and Zoning By-law for 579 - 585 Lawrence Avenue West to permit the construction of 12 freehold townhouses in 2 blocks fronting Lawrence Avenue West. The total gross floor area of the proposal was 2,885 square metres which resulted in a density of 1.62 times the lot area. The proposed height of the buildings was 16.06 metres for Block 1 at the eastern end and 15.78 metres for Block 2 at the western end. Each unit would be provided with one integral parking space at the rear of the unit and two visitor parking spaces would be provided on site to serve the 12 residential units. Vehicular access was proposed from Lawrence Avenue West with a two-way service driveway. The applicant appealed City Council's neglect or failure to make a decision on its applications for the Official Plan and Zoning By-law Amendments (the "Appeal") to the Local Planning Appeal Tribunal (the "LPAT"), now the OLT, on March 27, 2018. On May 2, 2019, City Council directed the City Solicitor, along with appropriate staff, to oppose the applications, in their current form, and oppose the Appeal. City Council also directed that staff continue to work with the applicant and seek revisions to the applications and report back to City Council on the outcome of those discussions.The applicant continued discussions with the City and submitted a "with prejudice" settlement offer to the City on July 5, 2019 for consideration by City Council. City Council adopted the settlement offer at its meeting of July 16, 17 and 18, 2019. The LPAT approved the settlement in principle on December 2, 2019, and withheld its final Order pending the satisfaction of a number of conditions.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (July 2, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the "without prejudice and confidential" settlement offer as described in Confidential Appendices A and B (the "Settlement Offer") to the report (July 2, 2021) from the City Solicitor and subject to Parts 2 to 4 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter in support of the Settlement Offer for the lands municipally known as 579 - 585 Lawrence Avenue West. 3. City Council instruct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. the owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Storm Water Management Report and Hydro-geological Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; and c. the owner pays for and constructs any improvements to the municipal infrastructure in connection with the Engineering Reports, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development arising from the accepted Engineering Reports. 4. City Council authorize and direct City Officials to take the necessary steps to implement City Council's decision. Confidential Appendices A and B to the report (July 2, 2021) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to the report (July 2, 2021) from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM35.13adopted
Undoubtedly, Toronto's pigeon (properly known as the Rock Pigeon Columbia Livia) population has access to abundant food sources - primarily due to their co-existence in spaces heavily occupied by humans. Pigeon feeding by residents is a common practice for reasons ranging from a genuine concern for the birds' well-being, to engaging in social activities and preventing food wastage. Those feeding Toronto's pigeons may not be conscious of the adverse implications and unintended consequences resulting from their well-intended behaviour. Large flocks of birds in public and private spaces create harmful nuisance because they interfere with the enjoyment and use of public and private property and can cause significant property damage. Copious amounts of food such as carbohydrates (e.g. rice, pasta, bread, seeds) are not only a messy eyesore, but attract vermin (e.g. rats) who sustain themselves through these discarded food scraps. Rats are well known carriers of disease that can be transmitted to humans. In addition to the issues of social annoyance, excessive pigeon droppings from hundreds of birds concentrated in small areas can create unhealthy and unsanitary conditions. Currently, the City of Toronto Parks bylaw prohibits the feeding or attempt to feed or deposit food for consumption by wildlife in parks. However, there are no specific City by-laws that restrict or prevent individuals from feeding wildlife outside of a City park. As a result, public spaces such as sidewalks, plazas, boulevards, squares, and laneways are overwhelmingly inundated with pigeons who continue to be attracted to these spaces because their food source is abundantly scattered and spread out by residents. Even in the City parks, where such activities are prohibited, the lack of active and ongoing enforcement has rendered scarce green space as unusable. This is especially difficult to accept in densely populated neighbourhoods where such well-maintained and accessible parkland is desperately needed by Toronto families. While Municipal Licensing and Standards can investigate the dumping of food sources in relation to the contravention of Chapter 548, Littering and Dumping, this option is not sufficient to mitigate the larger issue at hand. There is a pressing need to review the current Parks By-law and extend the prohibition of attempting to feed or deposit food for consumption by wildlife - particularly pigeons - in all private and public spaces, not just parks, across the City.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct Executive Director, Municipal Licensing and Standards to report back to the March 2022 meeting of the Economic and Community Development Committee on the following matters: a. the feasibility of expanding the pigeon-feeding prohibition by-laws to all public and private spaces in the City of Toronto; b. the requirements needed to initiate rapid-response investigation and enforcement which would prioritize any 311 complaints related to pigeon feeding; and c. consultation with Toronto Public Health, as appropriate, when developing health and safety strategies to address unsanitary conditions due to excessive amounts of droppings when pigeons are gathered in large numbers.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Paul Ainslie, recommends that: 1. City Council direct Executive Director, Municipal Licensing and Standards to report back to the March 2022 meeting of the Economic and Community Development Committee on the following matters: a. the feasibility of expanding the pigeon-feeding prohibition by-laws to all public and private spaces in the City of Toronto; b. the requirements needed to initiate rapid-response investigation and enforcement which would prioritize any 311 complaints related to pigeon feeding; and c. consultation with Toronto Public Health, as appropriate, when developing health and safety strategies to address unsanitary conditions due to excessive amounts of droppings when pigeons are gathered in large numbers.
CC35.14adopted
On November 1, 2019, the City received an application to amend the Official Plan and Zoning By-law to permit a 15-storey mixed use building, 53.67 meters in height plus a 5 meter mechanical penthouse at 287 Davenport Road and 141-145 Bedford Road. In a report to City Council dated November 16, 2020, City Planning recommended refusal of the application (the "Planning Report"). City Planning concluded in the Planning Report that the proposed height and massing were not appropriate for the subject site and directed that the City Solicitor oppose the applications at the Local Planning Appeal Tribunal, as it then was. The applicant appealed City Council's decision to the then Local Planning Appeal Tribunal, now the Ontario Land Tribunal (the "Tribunal" or the "OLT") on April 21, 2020. The City subsequently received plans and reports to reflect the Revised Proposal on April 9, 2021, the last day according to the Tribunal's Procedural Order on which the applicant could revise its proposal without consent of all parties. The purpose of this report is to request further instructions for the OLT hearing that is scheduled to commence July 26, 2021. City Planning has been involved in the preparation of this report.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor and staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) in opposition of the revised proposed development. The balance of Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM35.14amended
The Anglican Church of Saint Matthias, Bellwoods, has hosted a City-operated women's shelter program at Bellwoods House (63 Bellwoods Avenue) for many years. Recently, the Church was advised that the City plans to end its lease of the space. The potential loss of this important service in our community is concerning. There are currently three residents living at Bellwoods House, and when physical distancing guidelines are not in effect, the capacity is ten residents. It is a flexible-long term shelter for women over the age of 50 who have been homeless for a long time, and staff are on site 24 hours each day. I understand that City staff have identified the need for significant building renovations to support the continued safe use of Bellwoods House, including mould removal, accessibility improvements, and major building system repairs such as furnace and air conditioning. The City of Toronto should explore every opportunity to support these critical renovations and return shelter and housing services to Bellwoods House. Due to high and rising property values in Toronto, especially downtown, it is rare to find a partner like the Church of Saint Matthias that is interested in hosting these important services. We should work to find a way to keep these services in the neighbourhood. In addition, every effort must be taken to support the transition of the current residents of Bellwoods House to comparable and suitable shelter programs in the neighborhood. The pandemic is not over yet, needs across Toronto are heightened, and many other services and supports are still being provided through alternative means or temporarily suspended.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the General Manager, Shelter, Support and Housing Administration, the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management, in consultation with the local Ward Councillor, to explore opportunities with the Church of Saint Matthias to continue to use Bellwoods House, located at 63 Bellwoods Avenue, for homelessness services and / or housing services.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Mike Layton, recommends that: 1. City Council request the General Manager, Shelter, Support and Housing Administration, to pause the process of ending the lease at Bellwoods House, 63 Bellwoods Avenue, and review options to continue the program while necessary repairs are undertaken. 2. City Council request the General Manager, Shelter, Support and Housing Administration, in the event that Bellwoods House cannot be safely occupied while necessary repairs are undertaken, to report back on plans to relocate the service and shelter capacity to an alternative nearby location. 3. City Council request the Executive Director, Housing Secretariat, in consultation with General Manager, Shelter, Support and Housing Administration, in the event that Bellwoods House cannot be safely occupied while necessary repairs are undertaken and the program is relocated nearby, to approach the Church of Saint Matthias to explore opportunities to support making renovations to Bellwoods House in order accommodate a successful and accessible new permanent shelter or housing program in that location, and to report back to the Planning and Housing by the fourth quarter of 2021 with recommendations.
CC35.15adopted
20 York Inc. (the "Applicant") is the owner of the properties municipally known as 149, 151, 171 Front Street West, 7 Station Street, 20 York Street (the "Subject Site"), located on the block generally boarded by Lower Simcoe Street to the west, Front Street to the north, York Street to the east, and the railway corridor to the south. The Subject Site currently contains an 8-storey non-residential building fronting onto Front Street, a commercial building and enclosed pedestrian walkway known as the SkyWalk that ranges from 1 to 4 storeys, and is traversed by an east-west private driveway with surface parking known as Station Street. The Subject Property includes one heritage listed building (20 York Street) and three heritage designated buildings (7 Station Street (the "Canadian National Express Shed Building"), 151 Front Street West, and the SkyWalk building). To the east of the Subject Site is Union Station. The Metro Convention Centre and InterContinental Hotel are located to the west. The SkyWalk building to the south connects to the Metrolinx UP Express Union Station stop. On March 5-8, 2007, the City Council approved an application to amend the Official Plan and Zoning By-law for a 36-storey office tower and technology centre on the Subject Site and adopted amending By-laws 594-2007 and 595-2007 (the "2007 Council Approval"). Building permits to develop in accordance with the 2007 Council Approval were never sought. On February 27, 2014, new Official Plan and Zoning By-law amendment applications were submitted for the Subject Site seeking a different development proposal for a 48-storey office building. On August 25, 2014, City Council approved the new rezoning and official plan amendment applications ("2014 Council Approval"). At that time, City Council also approved a related heritage demolition and alteration permit request to allow for the demolition of the heritage properties known as the Skywalk, 7, 7A, and 7B Station Street, and to also allow for the alteration of 151 Front Street and 20 York Street as part of the 48-storey office development proposal ("2014 Heritage Demolition Approval"). The final by-laws implementing the 48-storey office development associated with the 2014 Council Approval and the 2014 Heritage Demolition Approval were never enacted, as outstanding pre-approval conditions related to comments from Engineering and Constructions Services were never satisfied by the owner. In March 2019, the Applicant submitted a further revised Official Plan and Zoning By-law amendment proposal to the City for a new development design for the Subject Site. The Applicant's resubmission now proposed a 52-storey office building with an east-west width of 91.5 metres and 0 metre setback from the Lower Simcoe Street property line to the west (the "2019 Proposal"). The 2019 Proposal is intended to contain approximately 116,682 square metres of new commercial Gross Floor Area and 32,362 square metres of retained Gross Floor Area. The 2019 Proposal is a continuation of the applications that were approved by City Council, but never enacted by final by-law, in the 2014 Council Approval and 2014 Heritage Demolition Approval. In August 2020, the Applicant appealed the 2019 Proposal to the Local Planning Appeal Tribunal, now continuing as the Ontario Land Tribunal. The appeal is known as Ontario Land Tribunal case number PL200354. Two case management conferences have been held before the Ontario Land Tribunal regarding the appeal on January 19, 2021 and May 11, 2021. A third case management conference is scheduled for September 17, 2021. An 8-day Ontario Land Tribunal hearing is scheduled for November 15 to 24, 2021. On June 30, 2021, the Applicant's counsel, Stikeman Elliott LLP, submitted to the City Solicitor a with prejudice settlement offer (the "Settlement Offer") based on revised architectural plans also dated June 30, 2021 and prepared by architecture firm Bjarke Ingels Group (the "Revised Plans"). The Revised Plans and Settlement Offer are the result of discussions between the City and the Applicant. The Settlement Offer is attached to this report as Public Attachment 1 and the Revised Plans are attached as Public Attachment 2. The Settlement Offer and Revised Plans are described further in the "Comments" section below. The purpose of this report is to request instructions for the upcoming Ontario Land Tribunal hearing. If the Settlement Offer is accepted, the third case management conference on September 17, 2021 will likely be converted into a settlement hearing. City Planning has been involved in the preparation of this report.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the with prejudice Settlement Offer, dated June 30, 2021, in Public Attachment 1 to the report (July 5, 2021) from the City Solicitor and as generally shown on the Revised Plans dated June 30, 2020, in Public Attachment 2 to the report (July 5, 2021) from the City Solicitor, subject to the Parts 2 to 5 set out below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter in support of the revised proposal as set out in the with prejudice Settlement Offer dated June 30, 2021, in Public Attachment 1 to the report (July 5, 2021) from the City Solicitor and as generally shown on the Revised Plans, dated June 30, 2020, in Public Attachment 2 to the report (July 5, 2021) from the City Solicitor. 3. City Council authorize entering into an Agreement pursuant to Section 37 of the Planning Act as follows, satisfactory to the City Solicitor: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. an indexed cash contribution of $4,500,000 to be paid by the Application to the City and to be allocated as follows: 1. $1,500,000 towards public art; 2. $1,000,000 towards new off-site affordable housing; 3. $1,000,000 towards arts and culture in Ward 10; and 4. $1,000,000 for the study of and/or capital investment in the implementation of the Downtown Parks and Public Realm Plan; ii. all cash contribution referred to in Part 3.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of registration of the Section 37 Agreement to the date the payment is made; and iii. in the event the cash contribution referred to in Part 3.a.i. above has not been used for the intended purposes within three (3) years of the By-laws coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. prior to the issuance of Site Plan Approval, the Applicant shall conduct and submit to the City a wind tunnel study for the proposed development and shall incorporate the recommendations of that study into the final site plan approval drawings, all to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. prior to the issuance of Site Plan Approval, the Applicant shall explore as part of the site plan application approval process retaining part of the Canadian National Express Shed Building, or a bay, in addition to its documentation and interpretation of the building in accordance with the revised Heritage Impact Assessment referred to in Part 4.f. below, to the satisfaction of the Senior Manager, Heritage Planning; iii. prior to the issuance of Site Plan Approval, the Applicant shall design the proposal to, at a minimum, achieve the Energy Efficiency and Greenhouse Gases targets of the Toronto Green Standards Tier 2 and shall also assess the commercial and engineering feasibility of pursing Toronto Green Standards Tier 4 standards in whole or in part for the development, all to the satisfaction of the Chief Planner and Executive Director, City Planning; iv. prior to the issuance of Site Plan Approval, the Applicant shall submit a streetscape plan detailing improvements to Station Street to be implemented by the Applicant in support of the development and which will include, but not be limited to, details regarding landscaping, lighting, paving and curbing details, sidewalk treatment, outdoor seating and vegetation, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manger, Transportation Services; v. prior to the issuance of Site Plan Approval, the Applicant shall explore as part of the site plan application approval process the location of the stairs leading up to the main entrance on Simcoe Street, to the satisfaction of the Chief Planner and Executive Director, City Planning; and vi. prior to the issuance of Site Plan Approval, the Applicant shall prepare a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning. 4. City Council instruct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its final order on the Zoning By-law and Official Plan Amendment applications until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, and includes the following: i. the proposed building shall have an east-west tower width to a maximum of 87 metres and a maximum height of 286 metres, including mechanical penthouse, as shown on the Revised Plans; and ii. the portion of the proposed building that is immediately adjacent to the existing building at 20 York Street has a height that is lower than the cornice line of 20 York Street; b. the proposed Official Plan Amendment is in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; c. the City and the Applicant have entered into and registered a Section 37 Agreement securing the benefits outlined in Part 3, above, all the satisfaction of the City Solicitor; d. all engineering matters have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; e. the Applicant has entered into an agreement or agreements or otherwise secured the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report, Stormwater Management Report and Hydrogeological Assessment, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and f. the Applicant has submitted a revised Heritage Impact Assessment that includes the complete Documentation and Interpretation Plan for the SkyWalk and the Canadian National Express Shed Building and a detailed Conservation Plan for the heritage buildings at 20 York Street and 151 Front Street West, all to the satisfaction of the Senior Manager, Heritage Planning. 5. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision. The balance of Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.
MM35.15adopted
Last spring, at the beginning of the pandemic, the Province meddled with the City of Toronto Act to change permitted hours of residential construction to 6:00 a.m. to 10:00 p.m. every day of the week. This represents a significant departure from the City's By-laws, which permit noise from construction between 7:00 a.m. to 7:00 p.m. from Monday to Friday, 9:00 a.m. to 7:00 p.m. on Saturdays, and not at all on Sundays. This was an unconscionable decision during a time when the Ford government was asking people to do their part to stop the spread of COVID by staying home. In 2013, City Council initiated an extensive review and community consultations on the Noise Bylaw. The amended by-law came into effect on October 1, 2019. Under the City's noise by-law, construction equipment can only operate Monday to Friday 7 a.m. to 7 p.m. and Saturdays 9 a.m. to 7 p.m. No construction noise is permitted on Sundays and statutory holidays. These by-law hours were established after extensive consultation with residents, noise experts, developers and the construction industry. They provide a balance to allow residents living near construction sites the reasonable ability to enjoy their homes while allowing construction to occur at a reasonable pace. Residents across the City have complained that their mental health and work have suffered from these extended construction hours. Extending construction hours should have never happened in the first place, but it's certainly well past time that this decision was reversed. While the Regulation is currently scheduled to be revoked on October 7, 2021 residents across the City have had to deal with extended and excessive construction noise for over a year. City Council must support our residents by making it clear to the Province that they must take action by immediately repealing Limitation 2 to Ontario Regulation 130/20 of the City of Toronto Act that allows for "construction activity in the City between the hours of 6 a.m. and 10 p.m." Please consider this recommendation to request that the Provincial Government end this unreasonable policy and return control of construction noise regulation to the City of Toronto.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the Government of Ontario to repeal Limitation 2 to Ontario Regulation 130/20 of the City of Toronto Act, returning the power to regulate construction noise to the City of Toronto.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Josh Matlow, recommends that: 1. City Council request the Government of Ontario to repeal Limitation 2 to Ontario Regulation 130/20 of the City of Toronto Act, returning the power to regulate construction noise to the City of Toronto.
CC35.16amended
Champagne Centre Ltd. (the "Appellants") filed an appeal to Official Plan Amendment No. 231 ("OPA 231") to the Ontario Land Tribunal ("OLT") regarding the lands designated Employment Areas located at 2 Champagne Drive and 1107 Finch Avenue West (the "Lands"). City Council adopted OPA 231 policies for the entire city following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding employment lands. The City Solicitor requires further directions for the OPA 231 OLT hearing process.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in the confidential attachment to motion 1 by Councillor James Pasternak. 2. City Council direct that Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor remain confidential, as it relates to litigation or potential litigation that affects the City or one of its agencies or corporations and contains advice that is subject to solicitor-client privilege. 3. City Council authorize the public release of the confidential instructions to staff in the confidential attachment to motion 1 by Councillor James Pasternak and Confidential Attachment 2 to the report (July 5, 2021) from the City Solicitor. The confidential instructions to staff in the confidential attachment to motion 1 by Councillor James Pasternak were adopted by City Council and are now public as follows: 1. City Council accept the June 22, 2021 without prejudice settlement offer from Champagne Centre Ltd. set out in Confidential Attachment 2 to the report (July 5, 2021) from the City Solicitor and City Council instruct the City Solicitor to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) in support of such settlement. Confidential Attachment 1 to the report (July 5, 2021) from City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations and it contains advice that is subject to solicitor client privilege. Confidential Attachment 2 to the report (July 5, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council).
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of the recommendations contained in the Confidential Attachment 1, with the remainder of Confidential Attachment 1 and Confidential Attachment 2 to remain confidential.
MM35.16adopted
StreetARToronto (StART) is a wonderful set of City programs that have been successful in reducing graffiti vandalism and replacing it with vibrant, colourful, community-engaged street art. Since 2021, StART programs have made our City's streets, safer and more beautiful. StART showcases local artists, mentors emerging talent, and reduces overall infrastructure maintenance costs. StART has, through the Outside the Box program, supported mural installations on City of Toronto traffic signal controller cabinets for the past 8 years. The results have been well received by the community; and re-enforce the success of the overall StART program. City staff have engaged utility companies, and presented overviews of the Outside the Box Program to encourage them to adopt programs to improve the appearance of their infrastructure and offered to help them establish such programs. However, only Bell Canada has a similar mural installation program which actually pre-dates StART. There are still many intersections within the City where unsightly vandalized 3rd party utility boxes are located in close proximity to attractive hand painted or wrapped traffic signal controller cabinets - the visual compare and contrast reality is obvious. There are about 2,300 traffic signal controllers in the City of which less than 1,000 have been painted or wrapped. It is clear that painting or wrapping other utility cabinets would improve their appearance and benefit the community Rogers, Toronto Hydro, Enbridge, and others, like Bell Canada, serve the public and have considerable budgets for advertising, promotion and community engagement. StART does not have the financial or staff resources to assume this responsibility on behalf of other utility companies and deliver results in any reasonably equitable City-wide manner. City staff overseeing these programs advise they are willing to assist other utilities to develop and implement programs similar to Bell Canada's.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the City Manager, in consultation with the General Manager, Transportation Services to write to the Chief Executive Officers of Rogers, Toronto Hydro and Enbridge and any similar utility companies operating in Toronto asking them to work with the City to develop a mural installation program like Bell Canada's. 2. City Council request that a copy of this Motion be provided to the Boards of Directors of corporations identified in Part 1 above.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Brad Bradford, recommends that: 1. City Council request the City Manager, in consultation with the General Manager, Transportation Services to write to the Chief Executive Officers of Rogers, Toronto Hydro and Enbridge and any similar utility companies operating in Toronto asking them to work with the City to develop a mural installation program like Bell Canada's. 2. City Council request that a copy of this Motion be provided to the Boards of Directors of corporations identified in Recommendation 1 above.
CC35.17adopted
2915-2917 Bloor Street West - Zoning Amendment Application - Request for Direction
The Owner of the property at 2915-2917 Bloor Street West (the Site) made an application to amend the Zoning By-law to permit an 8-storey mixed use building. The application was appealed to the Ontario Municipal Board, subsequently the Local Planning Appeal Tribunal ("LPAT") and now continued as the Ontario Land Tribunal ("OLT"), citing Council's failure to make a decision within the prescribed timeframe in the Planning Act. A contested LPAT hearing took place over 12 days between early June and early December, 2018. In a decision issued on May 19, 2019 (the Decision), the LPAT determined that the proposal was not appropriate for the Site. However, rather than dismissing the appeal outright, the Decision invited the applicant to revise the plans in consultation with the City and the South Kingsway Community Association (SKCA) for a building that better responds the applicable zoning by-law and guidelines. In an effort to reach agreement on revised plans as contemplated in the Decision, at the request of the proponent, the parties have engaged in private mediation. As a result, the City Solicitor requires further direction from City Council. City Planning has been involved in the preparation of this report.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2021) from City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (July 5, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer as outlined in the correspondence from Goodmans LLP dated July 2, 2021 (the Settlement Offer), being Confidential Attachment 2 to the report (July 5, 2021) from the City Solicitor, subject to the Parts 2 to 4 set out below. 2. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to support the Settlement Offer at the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal). 3. In the event that the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allows the appeals in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold the issuance of any Order on the Zoning By-law Amendment appeal until such time as: a. the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that the Zoning By-law Amendment has been finalized in a form mutually satisfactory to the City Solicitor, the Chief Planner and Executive Director, City Planning and the Owner, and has been provided to the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal); b. the Owner has entered into an Agreement under Section 37 of the Planning Act with the City for the purpose of securing community benefits as contemplated in the Settlement Offer, as well as other matters of legal convenience as set out herein, and to secure a cash contribution of $550,000, to be directed toward local improvements in the vicinity of the site, including but not limited to: - streetscape improvements in the vicinity of the site, including upgrades to the Bloor West Bike-Lanes through The Kingsway Shopping District; - local park improvements; - contribution to the Local Kingsway Business Improvement Area for capital improvements; and - local traffic-calming measures; all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local councillor, to be detailed through the Section 37 Agreement; c. the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that the Owner has submitted a revised Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the report will determine whether the existing municipal water, sanitary and storm sewer systems can support the proposed development or upgrades are required; d. the Owner has submitted a Hydrogeological Report to the satisfaction of the General Manager, Toronto Water; e. the Owner has entered into a financially secured agreement for the design and construction of any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; f. the Owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681-10; g. the Owner has agreed to provide through the Site Plan Control process a road widening of 0.4 metres along the Bloor Street West frontage of the property and a laneway widening of 1.67 metres across the rear of the site abutting the laneway; and h. the Owner has submitted a Revised Transportation Impact Study and Parking Study, to the satisfaction of the General Manager, Transportation Services to demonstrate whether the existing road network can support the proposed development, whether road improvements of the existing municipal infrastructure are required and the provision of acceptable parking for the development. 4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision. Confidential Attachments 2 and 3 to the report (July 5, 2021) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, Confidential Attachment 2 and Confidential Attachment 3 to this report dated July 5, 2021 from the City Solicitor, if the confidential recommendations are adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.
MM35.17adopted
Since 2015, work has been underway to upgrade Wellington Street East between Yonge Street and Church Street. The vision by local residents and businesses is reflected in the St. Lawrence Market Neighbourhood Business Improvement Area (BIA) Streetscape Master Plan, and represents a decade of community planning, which was supported by City Planning and the BIA Office. The intent was to bring multiple divisions and utilities together to collaborate, coordinate and build a cost-effective new street in a timely manner By repurposing one lane of traffic on Wellington Street East, the future streetscape will boast a wider north sidewalk for pedestrians, patios and street furniture, loading and lay by improvements and new street trees. The work also would allow for intersection improvements to improve traffic and pedestrian safety at the intersection of Church Street, Wellington Street East and Front Street East. To ensure a beautiful new streetscape was not marred by future utility cuts, the work was staged to allow utilities, including Toronto Water, Toronto Hydro and Enbridge Gas to upgrade their underground infrastructure, as well as to provide an opportunity for the TTC to perform streetcar track replacement. Following the necessary approvals by City Council in 2016 , work began in 2017, Residents and the St. Lawrence Neighbourhood Association quickly became concerned that work was not proceeding in a timely manner to allow streetscape work to begin in the summer of 2020 as had been originally desired. In 2019, by way of my Motion adopted at City Council, City staff was directed to create a working group to coordinate the Wellington work as well as other nearby projects to try and finish construction as quickly as feasible. Utility work continued to create delays, and despite best efforts, the earliest delivery that staff and utility companies could feasibly deliver was to start and finish the work in 2021. Streetscape work along this 300 metre portion of Wellington Street East finally got underway in the spring of this year, with an anticipated September end date. The discovery of new unanticipated underground conflicts halted the contractor's work in mid-June, and prompted the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services to jointly decide to delay further work until the Spring of 2022. Businesses and residents on Wellington Street East have been living with construction on what is a relatively short piece of the road for four years, and have now been told to expect work to stretch into a fifth year. The impacts have been profoundly difficult for businesses on and adjacent to Wellington Street East, even before adding the impact of the COVID-19 pandemic. The current best case scenario is for residents and businesses to live with an unfinished streetscape until the Spring of 2022, with construction bleeding into the summer yet again. The elements that contributed to years of construction on Wellington Street East are not unique to the downtown. There are also many stretches of Toronto with similar plans and ambitions, and without a proper autopsy to determine what caused Wellington Street East to drag for five years - and how the City may have prevented it from doing so - this pattern is set to repeat.. The original aspirations of the Wellington Street East streetscape project have been lost, but the original intent of collaboration between City divisions and utilities was admirable and represented how streetscape projects should be built to minimize disruption and save the City and utilities money. It is important that the City understand what happened so the next downtown streetscape project can learn from what happened here. There are many questions that residents, businesses and even the Councillors' offices have had for many years that require a proper autopsy, including: 1. What factors were the legitimate causes for delays on Wellington Street East? 2. Were these factors legitimately unavoidable? 3. Are there lessons that can be learned from the Wellington Street East construction work that can assist in collaboration to reduce construction impacts and construction costs for future streetscape projects? While this work is pending, it is also critical to ensure that the remaining work on Wellington Street East be completed in an efficient and expedited manner. The current estimated timeline is for work to resume in April 2022, with construction ending July 2022. It is critical for businesses on Wellington Street East to have a functional streetscape by the summer. If there are any steps that staff can take with the contractor to resume work earlier and to consider measures such as extended hours, they should be strongly considered to avoid additional construction work slipping into June 2022 as is still feasible.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the Auditor General to consider including an audit of the construction and utility work on Wellington Street East in the Auditor General's 2022 Work Plan on the following matters regarding work on Wellington Street East between Yonge Street and Church Street: a. factors which led to delays on Wellington Street East that have created over five years of utility and construction activity; b. improvements to the process and work that could have mitigated delays; and c. recommendations to improve utility and construction management and collaboration to ensure the timely and cost-effective delivery of future streetscape work in the City of Toronto. 2. City Council direct the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services to report back to the September 14, 2021 Infrastructure and Environment Committee on the following matters regarding work on Wellington Street East between Yonge Street and Church Street: a. outstanding work to complete on Wellington Street East, including a timeline for resolution for individual pieces of work; and b. potential options to accelerate outstanding work ahead of June 2022.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that: 1.City Council request the Auditor General to consider including an audit of the construction and utility work on Wellington Street East in her 2022 Work Plan on the following matters regarding work on Wellington Street East between Yonge Street and Church Street: a. factors which led to delays on Wellington Street East that have created over five years of utility and construction activity; b. improvements to the process and work that could have mitigated delays; and c. recommendations to improve utility and construction management and collaboration to ensure the timely and cost-effective delivery of future streetscape work in the City of Toronto. 2. City Council direct the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services to report back to the September 14, 2021 Infrastructure and Environment Committee on the following matters regarding work on Wellington Street East between Yonge Street and Church Street: a. outstanding work to complete on Wellington Street East, including a timeline for resolution for individual pieces of work; and b. potential options to accelerate outstanding work ahead of June 2022.
CC35.18adopted
During the fourth quarter of 2017, the applicant (originally Roselawn and Main Urban Properties, now FCAM LP) appealed its Official Plan Amendment and Zoning By-law Amendment applications to what was then the Local Planning Appeal Tribunal, now the Ontario Land Tribunal. Three appeals were filed in total: one was made on November 27, 2017 citing Council's failure to make a decision on the zoning by-law amendment application within the timeframe prescribed by the Planning Act; one was made on December 7, 2019 citing City Council's refusal to approve the Official Plan Amendment application; and one was made on December 29, 2017 citing City Council's refusal to approve the same zoning by-law amendment application.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C, D and E to the report (July 6, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendix F to the report (July 6, 2021) from the City Solicitor remain confidential as they contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer dated May 31, 2021 comprised of the letter attached as Confidential Appendix A and the plans and drawings attached as Confidential Appendix B to the report (July 6, 2021) from the City Solicitor subject to Parts 3 to 10 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) on this matter in support of the revised proposed development set out in the Settlement Offer, with any necessary revisions to address the matters identified in Parts 3 to 10 below. 3. City Council accept an on-site parkland dedication of 827 square metres with frontage on Roselawn Avenue in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act as described in the Settlement Offer; the on-site parkland to be conveyed to the City shall be free and clear, above and below grade, of all easements, encumbrances and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor in accordance with all applicable City policies dealing with the acquisition of lands for park purposes as a condition of development approval. 4. City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by the owner of above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges. 5. City Council approve the alterations to the designated heritage properties located within the development site and municipally known as 2430 Yonge Street and 2434 Yonge Street, in accordance with Section 33 of the Ontario Heritage Act, for the construction of the revised development proposal set out in the Settlement Offer with alterations to the designated buildings at 2430 Yonge Street and 2434 Yonge Street in conjunction with an appeal to the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) comprised of the plans and drawings prepared by Hariri Pontarini Architects, submitted with the Heritage Impact Assessment Addendum prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 31, 2021, all on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan to be submitted by the owner to the satisfaction of the Senior Manager, Heritage Planning. 6. City Council require the owner, prior to the issuance of any permit for all or any part of the development site with the municipal addresses of 2430 Yonge Street and 2434 Yonge Street, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning, to: i. obtain the Ontario Land Tribunal's (formerly Local Planning Appeal Tribunal) final order for the necessary Official Plan and Zoning By-law amendments required for the alterations to the property at 2430 Yonge Street and 2434 Yonge Street, such amendments having a form and content acceptable to City Council as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning; ii. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 5 above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; iii. provide a Letter of Credit, including provision for upwards indexing in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning to secure all work included in the approved Conservation Plan, Heritage Lighting Plan, Landscape Plan and Interpretation Plan; and iv. provide full documentation of the existing heritage property 2430 Yonge Street and 2434 Yonge Street, including two (2) printed sets of archival quality 8" x 10" colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning. 7. City Council authorize the entering into of an Agreement pursuant to Section 37 of the Planning Act as follows, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. prior to the issuance of the first-above grade building permit for the proposed development, the owner shall convey to the City the fee simple interest in a parkland over-dedication of no less than 405 square metres with frontage on Roselawn Avenue as described in the Settlement Offer; the parkland over-dedication to be conveyed to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor in accordance with all applicable City policies dealing with the acquisition of lands for park purposes as a condition of development approval; ii. prior to the issuance of the first above-grade building permit for the proposed development, the owner shall pay a cash contribution of $1,800,000.00 to be allocated by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, as follows: a. $1,500,000.00 to be allocated towards park acquisition and/or park improvements in the Yonge-Eglinton Area including, but not limited to, Eglinton Park and the new park being created at Duplex Avenue and Montgomery Avenue/Helendale Avenue; and b. $300,000.00 to be allocated to current and future streetscape improvements and landscaping upgrades along the Yonge Street and Montgomery Avenue frontages, including landscaping, seating and lighting improvements to the interface between the Anne Johnston Health Centre, new mid-block connections and the removal of existing boulevard parking; and iii. the $1,800,000.00 cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) final order amending the Official Plan and Zoning By-law to the date of payment; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development if approved by the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal): i. prior to Final Site Plan approval, the owner shall design, financially secure and agree to maintain a 3 metre wide public access easement (the "mid-block connection") running east-west along the southerly boundary of the subject property and running north-south along the westerly boundary, directly adjacent to the proposed public parkland dedication; the owner shall be required to prepare all documents and convey to the City, at its own expense and for nominal consideration, a public access easement for use by the general public, including rights of support as applicable, all to the satisfaction of Director, Real Estate Services, the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the local Ward Councillor, in accordance with the terms of the Settlement Offer; and the obligations secured will include conveyance free and clear of all physical and title encumbrances unless otherwise agreed to by the Chief Planner and Executive Director, City Planning and provision of indemnification and insurance; and ii. above base improvements for the parkland dedication referred to in Part 3 above and the parkland over-dedication referred to in Part 7.a.i. above, to the satisfaction of the General Manager, Parks, Forestry and Recreation on terms in accordance with the Settlement Offer; iii. prior to Final Site Plan approval in connection with the development, the owner shall: 1. provide final site plan drawings including drawings related to the approved Conservation Plan required in Part 5 above; 2. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; 3. provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; 4. submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning; and 5. submit a Landscape Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning; iv. prior to the release of the Letter of Credit required in Part 6.iii. above the owner shall: 1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan, Landscape Plan and Interpretation Plan, and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and 2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning; and v. the matters in Part 6 above also be secured by the Section 37 Agreement to the satisfaction of the City Solicitor, in consultation with the Senior Manager, Heritage Planning. 8. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 2430 Yonge Street and 2434 Yonge Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 9. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the property at 2430 Yonge Street and 2434 Yonge Street. 10. City Council instruct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its Order on the Official Plan and Zoning By-law Amendment applications until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that: a. the final form and content of the proposed Official Plan and Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the City has received an executed a Section 37 Agreement securing the benefits outlined in Part 7 above and the Section 37 Agreement has been registered on title to the site, satisfactory to the City Solicitor; c. the owner has resubmitted to the City for review updated supporting information and reports, including but not limited to a revised Traffic Impact Study, Parking and Loading Study, Functional Servicing Report, Stormwater Management Report, Hydrogeological Study and Waste Management Study, and a full submission of revised plans, all of which are to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning; d. the owner has provided a detailed Conservation Plan required in Part 5 above and prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment Addendum for 2430 Yonge Street and 2434 Yonge Street, prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 31, 2021, all to the satisfaction of the Senior Manager, Heritage Planning; e. the owner has entered into a Heritage Easement Agreement with the City for the properties at 2430 Yonge Street and 2434 Yonge Street substantially in accordance with plans and drawings prepared by Hariri Pontarini Architects, dated March 26, 2021, submitted with the Heritage Impact Assessment Addendum prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 31, 2021, subject to and in accordance with the approved Conservation Plan required in Part 5 above, all to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; and f. the owner has withdrawn any outstanding applications or appeals with respect to any demolition application for the site. Confidential Appendices A, B, C, D and E to the report (July 6, 2021) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 and Confidential Appendix F to the report (July 6, 2021) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor; 2. City Council authorize the public release of the recommendations in Confidential Attachment 1 and the information in Confidential Appendices A, B, C, D, and E in the event City Council adopts the recommendations in Confidential Attachment 1; and 3. City Council direct the balance of Confidential Attachment 1 and Confidential Appendix F remain confidential as these documents contain advice which is subject to solicitor-client privilege.
MM35.18adopted
At the conclusion of the City Council meeting scheduled for July 14 and 15, 2021, City Council will be recessing until its meeting of September 30 and October 1, 2021. During that period it is likely that there will be decisions arising from applications to the Committee of Adjustment which will be matters of concern to the City and would warrant the City's attendance at the Toronto Local Appeal Body (or the Ontario Land Tribunal where there is a related appeal) either on an appeal by the City itself or on the applicant's appeal to the tribunal. The purpose of this Motion is to delegate temporary authority during this period to the Ward Councillor to instruct the City Solicitor, and appropriate City staff, to attend at the Toronto Local Appeal Body (or the Ontario Land Tribunal where there is a related appeal) on the application, provided the Ward Councillor has first consulted with the Chief Planner and Executive Director, City Planning, or his designate. This would include the authority to direct the City Solicitor to file an appeal of a decision and retain outside experts as necessary. It also authorizes the City Solicitor to resolve matters in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct the City Solicitor to attend at hearings on appeals of Committee of Adjustment decisions or to appeal a Committee of Adjustment decision on behalf of the City of Toronto at the request of the Ward Councillor after consultation with the Chief Planner and Executive Director, City Planning, or designate, during the period from the completion of City Council's July 14, 15 and 16, 2021 meeting to the start of City Council's September 30 and October 1, 2021 meeting; the delegation shall include the authority to direct appropriate City staff to attend at the hearing and for the City Solicitor to retain outside consultants as necessary; and shall authorize the City Solicitor to take all steps necessary to bring resolution to the matter in consultation with the Ward Councillor and Chief Planner and Executive Director, City Planning.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Brad Bradford, recommends that: 1. City Council direct the City Solicitor to attend at hearings on appeals of Committee of Adjustment decisions or to appeal a Committee of Adjustment decision on behalf of the City of Toronto at the request of the Ward Councillor after consultation with the Chief Planner and Executive Director, City Planning, or designate, during the period from the completion of City Council's July 14 and 15, 2021 meeting to the start of City Council's September 30 and October 1, 2021 meeting; the delegation shall include the authority to direct appropriate City staff to attend at the hearing and for the City Solicitor to retain outside consultants as necessary; and shall authorize the City Solicitor to take all steps necessary to bring resolution to the matter in consultation with the Ward Councillor and Chief Planner and Executive Director, City Planning.
CC35.19adopted
This report provides information regarding a potential settlement of a law suit concerning the cash-in-lieu parkland payment for a three building development at a development site located at 2143-2147 Lake Shore Boulevard West. The law suit concerns a parkland dedication credit granted to a predecessor in title to the current owner of the development site in January 2004 by Order of the Ontario Municipal Board.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor remain confidential, at the discretion of the City Solicitor, as it pertains to litigation involving the City and it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation involving the City and it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, once adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that the remainder of Confidential Attachment 1 is to remain confidential in its entirety, at the discretion of the City Solicitor, as it relates to litigation involving the City and contains advice which is subject to solicitor-client privilege.
MM35.19amended
Extreme heat is a current health risk. As our climate continues to change, extreme heat events/heat waves are expected to increase in frequency, length and severity, resulting in increased health risks for many Canadians. According to Health Canada, the annual number of extremely hot days in Toronto and other major cities across Canada is expected to more than double over the next 30 years. Seniors, people living with disabilities or chronic health conditions, infants and young children, and socially disadvantaged individuals are more vulnerable to health effects related to extreme heat. These effects can include serious illness and even death. Summer has just started and there have already been record-breaking temperatures across Canada. A devastating heatwave has been linked to almost 500 sudden and unexpected deaths in British Columbia so far this year. Here in Toronto, we have already had about 37 days with temperatures above 25 degrees celsius and 9 days above 30 degrees celsius without the humidex. As a Council, we have adopted numerous motions at Committee and Council requesting feasibility reports from staff that have not been followed through. While staff have reported back on the environmental impacts and mitigation measures such as the opening of cooling centres, emissions performance standards, and retrofits, we have not yet heard back on the findings of the interdivisional working group to identify strategies to address excessive indoor temperatures in apartment buildings. Heat was identified as a basic necessity and minimum temperatures regulated. It's long overdue that air conditioning be identified as a basic necessity and maximum temperatures regulated.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct the Executive Director, Municipal Licensing and Standards, the Executive Director, Social Development, Finance and Administration, the Executive Director, Housing Secretariat, the Director, Environment and Energy, the Chief Resilience Officer, and request the Medical Officer of Health, in consultation with other appropriate Divisions, to report back to the Planning and Housing Committee in the fourth quarter of 2021 on the feasibility of the following outstanding from Item LS25.1: a. require that all existing apartment buildings provide air conditioned units or an air conditioned cool room in the building; b. require that all new apartment buildings have air conditioning and add measures that enable passive cooling; and c. require that all apartment buildings undergo retrofits, such as new windows, heavy-duty screens, cladding and other passive and active cooling systems, and updated heating systems to mitigate the negative health impacts of heat on tenants. 2. City Council direct the General Manager, Shelter, Support and Housing Administration, in consultation with the Medical Officer of Health, to identify and implement increased access to cool spaces that meet the needs of vulnerable individuals for the summer of 2021, considering COVID-19 restrictions and closure of regular cooling centers and drop-ins.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Josh Matlow, recommends that: 1. City Council direct the Executive Director, Municipal Licensing and Standards, the Executive Director, Social Development, Finance and Administration, the Director, Environment and Energy, the Chief Resilience Officer, and request the Medical Officer of Health, in consultation with other appropriate Divisions, to report back to the Planning and Housing Committee in the fourth quarter of 2021 on the feasibility of the following outstanding from Item LS25.1: a. require that all existing apartment buildings provide air conditioned units or an air conditioned cool room in the building; b. require that all new apartment buildings have air conditioning and add measures that enable passive cooling; and c. require that all apartment buildings undergo retrofits, such as new windows, heavy-duty screens, cladding and other passive and active cooling systems, and updated heating systems to mitigate the negative health impacts of heat on tenants. 2. City Council direct the General Manager, Shelter, Support and Housing Administration, in consultation with the Medical Officer of Health, to identify and implement increased access to cool spaces that meet the needs of vulnerable individuals for the summer of 2021, considering COVID-19 restrictions and closure of regular cooling centers and drop-ins.
CC35.20adopted
After an appeal to the former Local Planning Appeal Tribunal, on April 16, 2018, the applicant submitted a revised proposal, for a 12-storey (42.3-metre, plus 3.26-metre mechanical penthouse) mixed-use building at 183-189 Avenue Road and 109-111 Pears Avenue. The proposal included 447 square metres of retail and 6,951 square metres of residential floor area resulting in a total density of 6.3 times the area of the lot, and a proposed 80 square metre parkland dedication. At its meeting on July 23, 2018, City Council adopted the Recommendations in the (June 25, 2018) report from the Acting Director, Community Planning, Toronto and East York District, directing the City Solicitor, together with appropriate City staff, to attend at the Local Planning Appeal Tribunal to oppose the applicant's appeal. The applicant subsequently amended their application reducing the height of the proposed building to 10-stories (plus a wrapped mechanical penthouse). After a 6-day hearing at the Local Planning Appeal Tribunal, the Local Planning Appeal Tribunal did not approve the appeal in its current form based on the sole issue of the transition and scale of the east side of the proposed building as it relates to the low density neighbourhood to the east. The LPAT did not dismiss the appeal, and provided the applicant the opportunity to amend its development proposal and return to the Local Planning Appeal Tribunal at a future date. The applicant has further amended its development proposal and a continuing hearing at the Ontario Lands Tribunal has been scheduled for July 26, 2021. The City Solicitor seeks direction on the revised proposal no later than the completion of the City Council meeting on July 14, 2021.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council support the revised proposal and direct the City Solicitor and staff to attend the Ontario Lands Tribunal (formerly Local Planning Appeal Tribunal) in support of the revised proposal. 2. City Council require: a. an on-site parkland dedication pursuant to Section 42 of the Planning Act be conveyed to the City, in the location and configuration described and set out in the report (June 25, 2018) from the Acting Director, Community Planning, Toronto and East York District, to the satisfaction the General Manager, Parks, Forestry and Recreation; b. the owner to pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; and c. the owner to enter into an Agreement with the City, pursuant to Section 37 of the Planning Act, to secure services, facilities or matters as may be required to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor. 3. If the appeal is approved by the Ontario Lands Tribunal (formerly Local Planning Appeal Tribunal), City Council authorize the City Solicitor to request the Ontario Lands Tribunal (formerly Local Planning Appeal Tribunal) to withhold its Order approving the application until such time as: a. the Ontario Lands Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the City; b. the owner has entered into one or more Agreements with the City, pursuant to Section 37 of the Planning Act, to secure, at the owner's expense, facilities, services and matters to be additionally set forth in the related site specific Zoning By-law Amendments, and any agreement is registered on the lands at 183-189 Avenue Road and 109-111 Pears Avenue all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; c. the owner provides any necessary modifications to the Functional Servicing Report, Stormwater Management Report and Hydrogeological Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner submits a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning and that any mitigation measures be secured in the Section 37 Agreement; and e. the owner obtains any necessary approvals under Section 42 of the Ontario Heritage Act to alter the building located at 183 Avenue Road. 4. If the property at 183 Avenue Road is designated under Part IV of the Ontario Heritage Act following consultation with the Toronto Preservation Board and approval by City Council, if the appeal is approved by the Ontario Lands Tribunal (formerly Local Planning Appeal Tribunal), City Council authorize the City Solicitor to request the Ontario Lands Tribunal (formerly Local Planning Appeal Tribunal) to withhold its Order approving the application until such time as the owner has: a. entered into a Heritage Easement Agreement with the City for the property at 183 Avenue Road substantially in accordance with plans and drawings prepared by Brisbin Brook Beynon Architects dated April 10, 2019 and the Heritage Impact Assessment prepared by ERA Architects Inc. dated March 8, 2018 subject to and in accordance with the approved Conservation Plan required in Part 4.b. below, all to the satisfaction of the Senior Manager, Heritage Preservation Services including execution of such agreement to the satisfaction of the City Solicitor, following consultation with the Toronto Preservation Board and authorized by City Council; and b. provided a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 183 Avenue Road prepared by ERA Architects Inc. dated March 8, 2018 and the architectural plans and drawings prepared by Brisbin Brook Beynon Architects dated April 10, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services. 5. Prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the properties at 183-189 Avenue Road, City Council require that the owner shall: a. provide final site plan drawings including drawings related to the approved Conservation Plan required in Part 4.b. above to the satisfaction of the Senior Manager, Heritage Preservation Services; b. provide an Interpretation Plan for the property to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services; and c. provide a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Preservation Services. 6. Prior to the issuance of any permit for all or any part of the properties at 183-189 Avenue Road, including a heritage permit, a building permit or a demolition permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Preservation Services, City Council require that the owner shall: a. obtain final approval for the necessary by-law amendments required for the alterations to the properties at 183-189 Avenue Road, such amendments to have been enacted by City Council in connection with an Ontario Lands Tribunal (formerly Local Planning Appeal Tribunal) Order and to have come into effect in a form and with content acceptable to City Council as determined by the Director, Urban Design, City Planning, in consultation with the Senior Manager, Heritage Preservation Services; b. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 4.b. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services; and c. provide a Letter of Credit, including provision for upwards indexing in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan, Heritage Lighting Plan, Landscape Plan and Interpretation Plan. 7. Prior to the release of the Letter of Credit required in Part 6.c. above, City Council require that the owner shall: a. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work, required heritage lighting work and the required interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and b. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services. 8. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendations are adopted by Council, then City Council authorize the public release of the recommendations contained in Confidential Attachment 1, with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege.
MM35.20adopted
City Council adopted MM31.53, entitled "88 Queen Street East - Development Charges Deferral" at its meeting held on April 7, 2021. In doing so, Council authorized staff to defer payment of development charges for 88 Queen Street East for three months after the issuance of above grade building permit, and requested staff to report to Executive Committee on the feasibility and implications of amending existing payment agreements. Given the City's development charges by-law update is currently underway, the City's policy will be considered as part of the comprehensive review of the City's by-law that will be completed in early 2022, rather than through a new interim policy. The developer continues to request that the development charges with respect to the rental units, in the amount of $23,932,223.12, be deferred to occupancy and paid in instalments over five years with interest and financial security consistent with Council's policy for rental development projects, and in order support with the structure of their current project financing. This Motion authorizes staff to amend the existing payment agreement to allow for a five year deferral consistent with the City's development charges instalment policy as adopted through Item EX20.4. REQUIRES RE-OPENING Member Motion Item MM31.53, entitled "88 Queen Street East - Development Charges Deferral" as adopted by City Council on April 7, 2021, only as it relates to part 1 of City Council's decision.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council amend its previous decision on Item 2021.MM31.53 by deleting Part 1 and replacing with the following: 1. City Council authorize the Chief Building Official and Executive Director, Toronto Building, in consultation with the Chief Financial Officer and Treasurer, to amend the development charges deferral agreement for the development proposal located at 88 Queen Street East and proceeding under Building Permit 19-262244, to defer the development charges in accordance with the General Terms and Conditions of the Development Charges Instalment Payments with Financial Security as outlined in Attachment 1 to MM35.20, including any amendments to previously executed agreements, as necessary, relating to the payment of development charges.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that: 1. City Council amend its previous decision on Item 2021.MM31.53 by deleting Part 1 and replacing with the following: 1. City Council authorize the Chief Building Official and Executive Director, Toronto Building, in consultation with the Chief Financial Officer and Treasurer, to amend the development charges deferral agreement for the development proposal located at 88 Queen Street East and proceeding under Building Permit 19-262244, to defer the development charges in accordance with the General Terms and Conditions of the Development Charges Instalment Payments with Financial Security as outlined in Attachment 1 to MM35.20, including any amendments to previously executed agreements, as necessary, relating to the payment of development charges.
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.
MM35.38adopted
Little Jamaica is the historical home of the Caribbean community in Toronto and likely has the highest concentration of Black-owned businesses in Canada. Unfortunately, the unique character of this important community is under threat. Black-owned and operated businesses on Eglinton have been fighting a battle to protect Eglinton West from losing its African, Black, and Caribbean character, identity and roots. Too many prominent and historic small businesses have shuttered their doors due to rising rents, construction of the Province's Crosstown LRT project and, recently, the COVID-19 pandemic. The creeping gentrification that has led to Black displacement and cultural erasure over the past decades is expected to increase once the Crosstown opens unless action is taken now. To help protect the Black character of Eglinton West, this motion requests the City's Little Jamaica Interdivisional Team to look at the feasibility of limiting "chain" businesses from opening in the community. Similar measures have been successful at maintaining the historical sense of place and identity of neighbourhoods in US cities, including San Francisco. This motion is moved in partnership with BlackUrbanismTO, and is part of a larger strategy to support the retention and growth of Black-owned and operated businesses.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct the General Manager, Economic Development and Culture, in consultation with the Chief Planner and Executive Director, City Planning, to report, as part of their ongoing Study, on the feasibility of not allowing Chain Stores ("formula retail") in the subject area to support the retention of Black-owned and/or operated businesses; Chain Stores are defined as a type of retail sales activity or retail sales establishment which, along with eleven or more other retail sales establishments located in the world, maintains two or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, a uniform apparel, standardized signage, a trademark or a service mark.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Layton, recommends that: 1. City Council direct the General Manager, Economic Development and Culture, in consultation with the Chief Planner and Executive Director, City Planning to report, as part of their ongoing Study, on the feasibility of not allowing Chain Stores ("formula retail") in the subject area to support the retention of Black-owned and/or operated businesses; Chain Stores are defined as a type of retail sales activity or retail sales establishment which, along with eleven or more other retail sales establishments located in the world, maintains two or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, a uniform apparel, standardized signage, a trademark or a service mark.
MM35.39adopted
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 $0.160 million for improvements to the playground in Charlton Park, through the Play Enhancement Program (PEP) project. The total project cost for the Program would be amended from $11.607 million to $11.767 million, with cash flow funding in 2021. As part of the public consultation process, the community expressed a need to add components that would engage a broader spectrum of age groups and also enhance the play experience. The playground area has been expanded and additional features added to accommodate community concerns. The $0.160 million in Section 37 funding will supplement the $0.180 million already included in the 2021 Capital Budget in the PEP project for Charlton Park. These funds have been received and are eligible for these purposes. In addition, this Motion requests authority from Council to amend the 2021 Council Approved Capital Budget and 2022-2030 Capital Plan for Parks, Forestry and Recreation to create a new capital sub-project for playground improvements in Harlandale Park, with a project cost and cash flow of $0.350 million in 2021. This project is being advanced in 2021 in order to address service gaps as a result of an increase in community density and the changing demographics in the area. The project is funded from Section 37 funds which have been received and are eligible for these purposes. Operating impacts, if required, will be submitted for consideration through future budget submissions. This Motion is urgent to allow for playground improvements to be completed at two sites in 2021.
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 for the Play Enhancement Program sub-project in the Playgrounds Water Play project, in the amount of $0.160 million, increasing the total project cost from $11.607 million to $11.767 million, with cash flow funding in 2021, fully funded by Section 37 funds obtained from the development at 49 Hendon Avenue, 26 and 28 Greenview Avenue and 9 to 25 Eldora Avenue (Source Account: XR3026-3700620) for the purpose of playground improvements in Charlton Park. 2. 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 Harlandale Park Playground Improvements in the Playground Water Play project, with project cost and cash flow in 2021 of $0.350 million, fully funded by Section 37 funds obtained from the development at 4841 - 4881 Yonge Street, 2 and 50 Sheppard Avenue East and 2, 4 and 6 Forest Laneway (Source Account: XR3026-3700868) for the purpose of playground improvements.
Staff recommendation as filed
Councillor John Filion, seconded by Councillor Shelley Carroll, recommends that: 1. City Council amend the Council approved Parks, Forestry and Recreation 2021-2030 Capital Budget and Plan for the Play Enhancement Program sub-project in the Playgrounds Water Play project, in the amount of $0.160 million, increasing the total project cost from $11.607 million to $11.767 million, with cash flow funding in 2021, fully funded by Section 37 funds obtained from the development at 49 Hendon Avenue, 26 and 28 Greenview Avenue and 9 to 25 Eldora Avenue (Source Account XR3026-3700620) for the purpose of playground improvements in Charlton Park. 2. 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 Harlandale Park Playground Improvements in the Playground Water Play project, with project cost and cash flow in 2021 of $0.350 million, fully funded by Section 37 funds obtained from the development at 4841 - 4881 Yonge Street, 2 and 50 Sheppard Avenue East and 2, 4 and 6 Forest Laneway (Source Account XR3026-3700868) for the purpose of playground improvements.
MM35.40adopted
At its meeting held on December 16, 17 and 18, 2020, City Council adopted Toronto and East York Community Council Item 2020.TE21.6. The item recommended amendments to former City of Toronto Zoning By-law 438-86 and City of Toronto Zoning By-law 569-2013 to permit a new 4-storey apartment building (16.53 metres, plus a 2.9 metre mechanical penthouse) with a total of 75 residential units (including 27 rental replacement units) and 93 vehicular parking spaces within two levels of underground parking at 1637-1645 Bathurst Street. Through further review of Zoning By-law compliance through the Site Plan Control application, the proposed accessible parking space width of 3.5 metres was found to be not compliant with the accessible parking space width provision of a minimum 3.9 metres width in Zoning By-law 569-2013. However, it is compliant with the revised accessible parking width provision of 3.4 metres that had been brought forward through a Technical Amendment to By-law 569-2013 adopted by Council on May 24, 2017 through the enactment of By-law 579-2017 on May 26, 2017. The amendment was subsequently appealed to the Local Planning Appeal Tribunal and is not in force. This Motion is brought forward to authorize the addition of a provision that allows the minimum accessible parking space width to be 3.4 metres, consistent with the provisions adopted by Council through the enactment of By-law 579-2017, in the draft Zoning By-law Amendment attached as Attachment 6 to the report (November 16, 2020) from the Director, Community Planning, Toronto and East York District, and to determine that no further notice is to be given in respect of the proposed by-law under section 34(17) of the Planning Act. This change is not the result of any modifications to the proposal. This Motion is urgent as the Bill cannot be introduced until this technical amendment is approved.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council authorize the addition of a provision that allows the minimum accessible parking space width to be 3.4 metres in the draft Zoning By-law Amendments to By-law 569-2013 for the lands at 1637, 1639, 1641, 1643 and 1645 Bathurst Street, attached as Attachment 6 to the report (November 16, 2020) from the Director, Community Planning, Toronto and East York District [Item 2020.TE21.6]. 2. City Council determine that no further notice is to be given in respect of the proposed by-law under Section 34(17) of the Planning Act.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Layton, recommends that: 1. City Council authorize the addition of a provision that allows the minimum accessible parking space width to be 3.4 metres in the draft Zoning By-law Amendments to By-law 569-2013 for the lands at 1637, 1639, 1641, 1643 and 1645 Bathurst Street, attached as Attachment 6 to the report (November 16, 2020) from the Director, Community Planning, Toronto and East York District [Item 2020.TE21.6]. 2. City Council determine that no further notice is to be given in respect of the proposed by-law under Section 34(17) of the Planning Act.
MM35.41adopted
At its meeting of June 8 and 9, 2021 City Council adopted report PH23.5 - Modular Housing Initiative - Phase Two - 7 Glamorgan. The report presented a modular housing proposal for this site, summarized the proposed community engagement process and recommended that City Council endorse, in principle, a request to the Minister of Municipal Affairs and Housing to make a Minister's Zoning Order to provide necessary zoning relief to permit the developments. City Council also requested the Chief Planner and Executive Director, City Planning to report to the July 14 and 15, 2021 meeting on the final recommended proposal and the relief to the Zoning By-law required to permit the proposed development. This report responds to that request.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the Minister of Municipal Affairs and Housing make a Minister's Zoning Order, pursuant to Section 47 of the pursuant to Section 47 of the Planning Act, for 7 Glamorgan Avenue to provide relief from the in-force zoning regulations in order to permit the development of the modular housing proposal as set out in Attachment 7 to the report (July 9, 2021) from the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat. 2. City Council request the Chief Planner and Executive Director, City Planning, Concept to Keys staff and the Executive Director, Housing Secretariat to continue to work with the Toronto Community Housing Corporation to design and execute improvements to the existing playground located at 7 Glamorgan Avenue. 3. City Council request the Chief Planner and Executive Director, City Planning, Concept to Keys staff and the Executive Director, Housing Secretariat to advance discussions with the Toronto Community Housing Corporation on the feasibility, design and execution of incorporating community gardens on the 7 Glamorgan Avenue site within one year of the Modular Housing site's construction. 4. City Council request the Chief Planner and Executive Director, City Planning, Concept to Keys staff, the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation and the Executive Director, Housing Secretariat to investigate and execute where feasible street trees or plantings, along the Glamorgan frontage of the modular housing proposal and along Dundalk Drive. 5. City Council request the General Manager, Parks, Forestry and Recreation, the Chief Planner and Executive Director, City Planning, Concept to Keys staff and the Executive Director, Housing Secretariat to review opportunities to implement playground equipment enhancements within Glamorgan Park as it pertains to the provision of accessible playground equipment.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Michael Thompson, recommends that City Council adopt the following recommendations in the report ((July 9, 2021) from the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat: 1. City Council request the Minister of Municipal Affairs and Housing make a Minister's Zoning Order, pursuant to Section 47 of the pursuant to Section 47 of the Planning Act, for 7 Glamorgan Avenue to provide relief from the in-force zoning regulations in order to permit the development of the modular housing proposal as set out in Attachment 7. 2. City Council request the Chief Planner and Executive Director, City Planning, Concept to Keys staff and the Executive Director, Housing Secretariat to continue to work with the Toronto Community Housing Corporation to design and execute improvements to the existing playground located at 7 Glamorgan. 3. City Council request the Chief Planner and Executive Director, City Planning, Concept to Keys staff and the Executive Director, Housing Secretariat to advance discussions with the Toronto Community Housing Corporation on the feasibility, design and execution of incorporating community gardens on the 7 Glamorgan site within one year of the Modular Housing site's construction. 4. City Council request the Chief Planner and Executive Director, City Planning, Concept to Keys staff, the General Manager, Transportation Services, the General Manager Parks, Forestry and Recreation and the Executive Director, Housing Secretariat investigate and execute where feasible street trees or plantings, along the Glamorgan frontage of the modular housing proposal and along Dundalk Drive. 5. City Council request the General Manager, Parks, Forestry and Recreation, the Chief Planner and Executive Director, City Planning, Concept to Keys staff and the Executive Director, Housing Secretariat to review opportunities to implement playground equipment enhancements within Glamorgan Park as it pertains to the provision of accessible playground equipment.
MM35.42adopted
Live music performance is among the most significantly impacted sectors of the Toronto economy during the pandemic. Since March 2020, musicians, and the venues that support them, have essentially been unable to perform or rehearse in the City. During this period in areas such as the Geary neighbourhood in Ward 9, there has been increasing pressure with respect to availability of rehearsal space for music. Indeed, while difficult to quantify exactly across the entirety of the City, it is very clear that rehearsal space is under threat and diminishing quickly. In the absence of this rehearsal space, musicians will not be able to rehearse for live venue performances in a sector that has already been impacted enormously. It is essential that this rehearsal space be protected, encouraged and increased or the sector will be subject to even more significant pressures than they are currently experiencing and expect to endure for the foreseeable future.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct the City Manager, the Chief Planner and Executive Director, City Planning and the General Manager, Economic Development and Culture to review the current inventory, availability, cost, and general status of rehearsal space for musicians in the City of Toronto. 2. City Council direct the City Manager, the Chief Planner and Executive Director, City Planning and the General Manager, Economic Development and Culture to consider measures the City can implement with respect to increasing, encouraging and protecting rehearsal space for musicians across the City, and in particular the west end of Toronto. 3. City Council direct the City Manager, the Chief Planner and Executive Director, City Planning and the General Manager, Economic Development and Culture to report back to the October 27, 2021 meeting of the Executive Committee with both an assessment and recommendations.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Brad Bradford, recommends that: 1. City Council direct the City Manager, the Chief Planner and Executive Director, City Planning and the General Manager, Economic Development and Culture to review the current inventory, availability, cost, and general status of rehearsal space for musicians in the City of Toronto. 2. City Council direct the City Manager, the Chief Planner and Executive Director, City Planning and the General Manager, Economic Development and Culture to consider measures the City can implement with respect to increasing, encouraging and protecting rehearsal space for musicians across the City, and in particular the west end of Toronto. 3. City Council direct the City Manager, the Chief Planner and Executive Director, City Planning and the General Manager, Economic Development and Culture to report back to the October 27, 2021 meeting of the Executive Committee with both an assessment and recommendations.
MM35.43adopted
The properties at 390-440 Dufferin Street and 41 Alma Avenue were the subject of a settlement in 2016. The settlement allowed redevelopment of the site's single-storey light industrial workshops for three 9 to 13 storey mixed-use buildings containing residential, retail and employment uses. The redevelopment is required to fully replace the site's existing employment floor space within one of the new buildings, including providing two floors to the City for a 25-year term at subsidized rents for use as a Small Business Incubation Centre. In June 2019, the City selected a sub-lessee and operator for the Small Business Incubation Centre, with a proposal to create an innovation hub for hardware manufacturing and prototyping supporting Toronto's thriving tech sector. Challenging conditions through 2020-2021 have disrupted the assumptions and timelines for this project, and additional time is required to revisit the business model and potential tenants for the space to determine if the City can commit to a lease. This Motion proposes minor amendments to the Section 37 agreement to delay lease related matters for one year, and to authorize staff to hold a security for the value of the community benefit during this period. These amendments do not conflict with the Section 37 Provisions of Zoning By-law 367-2019(OMB). Staff are further directed to bring forward a report to Council should amendments to the provisions of the site-specific Zoning By-law be required.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council direct the Chief Planner and Executive Director, City Planning, to enter into an amending agreement to the Section 37 Agreement dated March 17, 2016 between the City and the Owner of the Lands, in a form satisfactory to the City Solicitor, to implement the following provisions: a. on or before August 1, 2021, the Owner shall post a letter of credit in the City's standard form in the amount of $2,116,451; b. within 12 months of the posting of the letter of credit, the City shall either: i. enter into a lease for the Small Business Incubator Space, which requires commencement of rent payments no later than 15 months after posting the letter of credit, and return the letter of credit to the Owner; or ii. provide notice to the Owner if the City does not intend to lease the Small Business Incubator Space and upon the City giving such notice the City and the Owner shall take all necessary steps to replace the letter of credit with a payment to the City in the amount of $2,116,451; and c. in the event the 12 month period in Part 1.b. above expires, and the City has neither entered into a lease as set out in Part 1.b.i. above, nor provided notice to the Owner as set out in Part 1.b.ii. above, the City shall be deemed to have elected not to lease the Small Business Incubator Space, and upon receipt of payment in the amount of $2,116,451 from the Owner shall return the Owner's letter of credit. 2. City Council direct the Chief Planner and Executive Director, City Planning to bring forward a report in the fourth quarter of 2021, if any amendments are needed to the Zoning By-law for the Lands or if any further amendments to the Section 37 agreement are required.
Staff recommendation as filed
Councillor Ana Bailao, seconded by Councillor Brad Bradford, recommends that: 1. City Council direct the Chief Planner and Executive Director, City Planning, to enter into an amending agreement to the Section 37 Agreement dated March 17, 2016 between the City and the Owner of the Lands, in a form satisfactory to the City Solicitor, to implement the following provisions: a. on or before August 1, 2021, the Owner shall post a letter of credit in the City's standard form in the amount of $2,116,451; b. within 12 months of the posting of the letter of credit, the City shall either: i. enter into a lease for the Small Business Incubator Space, which requires commencement of rent payments no later than 15 months after posting the letter of credit, and return the letter of credit to the Owner; or ii. provide notice to the Owner if the City does not intend to lease the Small Business Incubator Space and upon the City giving such notice the City and the Owner shall take all necessary steps to replace the letter of credit with a payment to the City in the amount of $2,116,451; and c. in the event the 12 month period in Part 1.b. above expires, and the City has neither entered into a lease as set out in Part 1.b.i. above, nor provided notice to the Owner as set out in Part 1.b.ii. above, the City shall be deemed to have elected not to lease the Small Business Incubator Space, and upon receipt of payment in the amount of $2,116,451 from the Owner shall return the Owner's letter of credit. 2. City Council direct the Chief Planner and Executive Director, City Planning to bring forward a report in the fourth quarter of 2021, if any amendments are needed to the Zoning By-law for the Lands or if any further amendments to the Section 37 agreement are required.
MM35.44adopted
Since 2015, there have been continual reports of illegal boulevard parking as well as vehicles entering, and driving through Underpass Park, located at Lower River Street and Trolley Crescent. Trolley Crescent was designed to prioritize pedestrian movement and create a harmonized public realm between Underpass Park and vehicular movement along the street. In the Summer of 2020, a pedestrian was struck by a vehicle entering Underpass Park. Since then, City staff was asked by my office to determine the feasibility of long term design solutions including full fencing around the perimeter of Underpass Park, installing cattle and P gates at entrances and the addition of new amenities such as picnic tables or other recreational facilities to better program the park and foster greater safety. In addition, Waterfront Toronto, the developer and owner of the unassumed Trolley Crescent, was tasked to review options for placing new street furniture or other public realm improvements to address the above safety concerns. My office, in consultation with local residents and Waterfront Toronto, developed design solutions in advance of the City of Toronto assuming Trolley Crescent. These design solutions will deter vehicles from entering Underpass Park, as well as support a more pedestrian friendly environment and promote vegetation growth along the perimeter.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council increase the Approved 2021 Operating Budget for Non-Program by $260,808 gross, $0 net, fully funded by Section 37 community benefits obtained from the development at 46 to 48 Power Street and 113 to 125 Parliament Street (Source Account: XR3026-3701033), for the purpose of providing one time capital funding to Waterfront Toronto for community safety and public realm improvements to Trolley Crescent. (Cost Centre: NP2161). 2. City Council direct that the funds be forwarded to Waterfront Toronto upon the signing of a Delivery Agreement that governs the use of the funds and the financial reporting requirements, and that outlines the scope of work, subject to terms satisfactory to the General Manager, Transportation Services, no later than August 15, 2021.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that: 1. City Council increase the Approved 2021 Operating Budget for Non-Program by $260,808 gross, $0 net, fully funded by Section 37 community benefits obtained from the development at 46 to 48 Power Street and 113 to 125 Parliament Street (Source Account: XR3026-3701033), for the purpose of providing one time capital funding to Waterfront Toronto for community safety and public realm improvements to Trolley Crescent. (Cost Centre NP2161). 2. City Council direct that the funds be forwarded to Waterfront Toronto upon the signing of a Delivery Agreement that governs the use of the funds and the financial reporting requirements, and that outlines the scope of work, subject to terms satisfactory to the General Manager, Transportation Services, no later than August 15, 2021.
MM35.45adopted
City Planning has received a request from Cadillac Fairview Corporation - Sherway Gardens at 25 The West Mall, for a temporary outdoor patio associated with the restaurants within the shopping mall. Cadillac Fairview Corporation - Sherway Gardens is located north of the Gardiner Expressway and west of the Highway 427. The proposed outdoor patio is on private property on the existing parking lot on the northwest portion of the site. The site is not part of the CaféTO program. Since the beginning of the COVID-19 pandemic, the food court and restaurants have been closed or significantly impacted by the limitations on indoor public gatherings. The proposed outdoor patio would provide an opportunity for the food services vendors in Cadillac Fairview Corporation - Sherway Gardens to extend the outdoor patios of restaurants and permit take-out seating for other food vendors that mainly operate within the mall. The restaurants that will be extending their outdoor patios meet the definition of a restaurant or bar as set out in O.Reg.345/20, to which the patio is an accessory. Staff are of the opinion that adding a temporary site-specific relief for an outdoor patio is supportable at this site as it does not cause undue impacts on the surrounding residential neighbourhoods and allows for expanded safe dining options during the transition period between reduced capacity indoor dining (Step 3) and the eventual lifting of public health restrictions. The proposed by-law also includes a technical amendment to ensure that properties across the City that remain subject to the former municipal zoning by-laws benefit from the same intended easing of limitations on maximum outdoor patio size as City-wide Zoning By-law 569-2013, which is temporarily amended by By-law 197-2021. By-law 197-2021 allows outdoor patios to have a maximum area equal to the greater of 50 square metres or 50 percent of the interior floor area of the premises it is associated with. However, By-law 198-2021 which affects former municipal zoning by-laws, only allows for a maximum area of 50 square metres, which does not provide the same scaled benefit (a maximum outdoor patio area based on 50 percent of the premises) for larger indoor dining facilities. The proposed change would ensure By-law 197-2021 and 198-2021 share the same intent. To complement the CafeTO and CurbTO Pandemic Response Programs, this Motion is urgent because site-specific zoning relief for a temporary outdoor patio proposal on private property requires City Council consideration, upon request, per City Council's March 10, 2021 direction on Item PH21.7 http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2021.PH21.7
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council enact the Zoning By-law Amendment for 25 The West Mall substantially in accordance with Attachment 2 to the report (July 13, 2021) from the Chief Planner and Executive Director, City Planning. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the zoning by-law amendment as may be required.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Stepen Holyday, recommends that City Council adopt the following recommendations in the report (July 13, 2021) from the Chief Planner and Executive Director, City Planning: 1. City Council enact the zoning by-law amendment substantially in accordance with Attachment 2 to the report (July 13, 2021) from the Chief Planner and Executive Director, City Planning. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the zoning by-law amendment as may be required.
MM35.46adopted
City Planning has received a request for a temporary use zoning by-law for an outdoor patio with a live performance stage on the surface parking lot located at 401 Logan Avenue in association with the Crow's Theatre Bar/Lounge located at 345 Carlaw Avenue. Crow's Theatre is located within the Streetcar Crowsnest development, on the east side of Carlaw Avenue, north of Dundas Street East. The proposed outdoor patio is on private property. The site is not part of the CaféTO program. Since the beginning of the COVID-19 pandemic, Crow's Theatre has remained closed due to the limitations on indoor public gatherings. The theatre has suspended all scheduled performances and cancelled productions for 2020/2021. The proposed by-law complements the existing CaféTO program by providing an opportunity for an outdoor patio on site associated with Crow's Theatre Lobby Bar. The by-law aligns with the CaféTO expiration date of April 14, 2022. This temporary use by-law will provide an opportunity for Crow's Theatre Lobby Bar to expand its patio operation and to support this business' ability to continue operations while meeting requirements related to the COVID-19 pandemic. This Motion is urgent as the Crow's Theatre has been closed due to limits on indoor public gatherings so the proposed outdoor patio would provide an opportunity to improve customer relations and financial viability.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council enact the Zoning By-law Amendment for 401 Logan Avenue substantially in accordance with Attachment 1 to the report (July 9, 2021) from the Chief Planner and Executive Director, City Planning. 2. City Council direct that approval be contingent on the following conditions: a. signage will be posted in a prominent location to remind people to be considerate of the surrounding community; b. the patio be closed at 10:00 p.m. from Sunday to Thursday and 11:00 p.m. from Friday to Saturday; and c. a telephone number will be provided for neighbours to register concerns or complaints directly with management. 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 Paula Fletcher, seconded by Councillor Ana Bailao, recommends that City Council adopt the following recommendations in the report (July 9, 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 (July 9, 2021) from the Chief Planner and Executive Director, City Planning. 2. City Council direct that approval be contingent on the following conditions: a. signage will be posted in a prominent location to remind people to be considerate of the surrounding community; b. the patio be closed at 10:00 p.m. from Sunday to Thursday and 11:00 p.m. from Friday to Saturday; and c. a telephone number will be provided for neighbours to register concerns or complaints directly with management. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the zoning by-law amendment as may be required.
MM35.47adopted
Under the Smart Growth for Our Communities Act, 2015 (Bill 73) which came into final effect on July 1, 2016, Subsections 45.(1.3) and 45.(1.4) of the Planning Act as amended prevent the submission of minor variance applications on properties subject to a privately-initiated zoning by-law amendment within two years of by-law enactment, unless the municipal council has otherwise "declared by resolution that such an application is permitted". Site specific Zoning By-laws 1409-2019 and 1410-2013 were enacted for 1478-1496 Kingston Road by City Council at its meeting of October 2 and 3, 2019. By-laws 1409-2019 and 1410-2019 implemented owner-initiated amendments to City of Toronto Zoning By-law 569-2013 and Birchcliff Community Zoning By-law 8786, respectively, to permit the construction of an 11 storey mixed use building containing 198 residential dwelling units and commercial uses on the ground floor area. As the proposal has been advancing through the review for of an application for site plan control approval, Toronto Buildings has recently identified two areas that the development does not comply with the approved site specific zoning. To address these issues and advance the development, an application for minor variance to the Committee of Adjustment is required. The required zoning relief is to setbacks to bay window projections on the north façade and a reduction in parking supply. Under the Planning Act as now amended, however, this owner will not be able to file for a minor variance application for zoning relief in this regard until October 4, 2021, thus further delaying site redevelopment and causing the owner undue financial hardship. As the proposed development (including built form and the use of the land) is for the most part largely the same as that which City Council previously considered and approved and the changes are largely driven by revisions requested or required by City staff through the associated site plan control application, City Council's authorization for submission of a minor variance application at this time is warranted.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council authorize, pursuant to Subsection 45.(1.4) of the Planning Act, submission of a minor variance application in regard to 1478-1496 Kingston Road to zoning provisions including but not limited to setbacks and parking supply requirements of former City of Scarborough's Birchcliff Community Zoning By-law 8786 and City of Toronto Zoning By-law 569-2013, respectively.
Staff recommendation as filed
Councillor Gary Crawford, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council authorize, pursuant to Subsection 45.(1.4) of the Planning Act, submission of a minor variance application in regard to 1478-1496 Kingston Road to zoning provisions including but not limited to setbacks and parking supply requirements of former City of Scarborough's Birchcliff Community Zoning By-law 8786 and City of Toronto Zoning By-law 569-2013, respectively.
MM35.48adopted
The Stouffville Rail Corridor Grade Separations are one component of the GO Expansion Program that recently underwent a Transit Project Assessment Process (Ontario Regulation 231/08). As part of the GO Expansion Program, Metrolinx has identified various infrastructure required to achieve service level targets across their network. The purpose of the Stouffville Rail Corridor Grade Separations is to accommodate the increase of GO service through grade separations or road closures at seven at-grade road-rail crossings, including Progress Avenue, where a Road Over Rail Grade Separation is proposed. The Project will facilitate the expansion of service, however it will severely impact the ability to conduct operations of a number of businesses that are strategically located close to rail. Atlantic Packaging Products is a good example. It is a privately owned, Toronto-based company that has been in business since 1945. Over time, it has become one of the largest and most respected companies producing sustainable packaging products for large and small businesses in both Canada, and in the United States. Through vision, timely acquisitions, and a service driven mantra, they have become an example of a Scarborough-based industry leader. There are significant employers on Progress Avenue between Midland Avenue and Kennedy Road, including the second largest private sector employer in Scarborough, providing well-paying jobs in the community. These facilities and the economic benefits they generate are at risk by Metrolinx's adjacent Stouffville Rail Corridor Grade Separations project, as are the operations of a number of other businesses here and elsewhere in Scarborough. The proposed grade separation designs will adversely affect these businesses' ability to conduct their operations by limiting access to their facilities. Despite design discussions over the past year between Metrolinx and area businesses and landowners, which seemed to be focused on an approach that could work for the affected businesses, Metrolinx recently revealed a final design for the grade separation that takes a different approach. The Stouffville Rail Corridor Grade Separations project went through the Transit Project Assessment Process Phase; consultations were held online from August 18 to September 1, 2020. The Notice of Commencement was issued on September 8, 2020. Metrolinx continued in the Fall of 2020 through the third and final round of consultation. The Environmental Project Report for the Stouffville Rail Corridor Grade Separations Transit Project Assessment Process was available for public review from January 6 to February 4, 2021. It has been reviewed by the Minister of the Environment, Conservation and Parks. The Statement of Completion has been issued, and the project can now proceed to the detailed design and implementation phase. This Motion is requesting the Executive Director, Transit Expansion and the General Manager, Transportation Services, to request Metrolinx to allow the designs to be revisited before procurement of the Progress Avenue Grade Separation takes place, to reach design solutions suitable to all parties. This matter is urgent. Metrolinx is planning to go to procurement without first consulting with business owners and property owners on the revised proposal.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the Executive Director, Transit Expansion Office and the General Manager, Transportation Services, to request Metrolinx to immediately revisit the design of the Progress Avenue Grade Separation, and others, to reach a joint design solution suitable for continued operations of all other affected businesses, prior to proceeding with project procurement.
Staff recommendation as filed
Councillor Michael Thompson, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council request the Executive Director, Transit Expansion Office and the General Manager, Transportation Services, to request Metrolinx to immediately revisit the design of the Progress Avenue Grade Separation, and others, to reach a joint design solution suitable for continued operations of all other affected businesses, prior to proceeding with project procurement.
MM35.49adopted
In 2020, Zoning By-laws 438-86 and 569-2013 were amended to permit a mixed-use development on the property municipally known as 2 Bloor Street West and 820 Yonge Street, consisting of three towers on two development parcels, divided by a new public park. The applicant has since requested that the phasing of loading spaces on the development site, and the location of the office uses required by the by-laws within Building A and Building B be amended, and is seeking variances. This Motion is urgent because construction is set to begin and this change is needed to be able to proceed to the next stage of the Site Plan Application process.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council declare, pursuant to Subsection 45(1.4) of the Planning Act, an application for variances is permitted with respect to the property municipally known as 2 Bloor Street West and 820 Yonge Street for relief from the requirements of Former City of Toronto Zoning By-law 438-86, as amended by By-law 661-2020, to amend the associated development standards only as they relate to the phasing of loading spaces on the development site, and that the location of the office uses required by the by-laws are to be provided within Building A and Building B. 2. City Council declare, pursuant to Subsection 45(1.4) of the Planning Act, an application for variances is permitted with respect to the property municipally known as 2 Bloor Street West and 820 Yonge Street for relief from the requirements of City of Toronto Zoning By-law 569-2013, as amended by By-law 662-2020, to amend the associated development standards only as they relate to the phasing of loading spaces on the development site, and that the location of the office uses required by the by-laws are to be provided within Building A and Building B. 3. City Council declare that Parts 1 and 2 above shall not be construed to fetter City Council's or the Chief Planner and Executive Director, City Planning's discretion with respect to any decision or opinion regarding the variance application related to 2 Bloor Street West and 820 Yonge Street.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Cressy recommend that: 1. City Council declare, pursuant to Subsection 45(1.4) of the Planning Act, an application for variances is permitted with respect to the property municipally known as 2 Bloor Street West and 820 Yonge Street for relief from the requirements of Former City of Toronto Zoning By-law 438-86, as amended by By-law 661-2020, to amend the associated development standards only as they relate to the phasing of loading spaces on the development site, and that the location of the office uses required by the by-laws are to be provided within Building A and Building B. 2. City Council declare, pursuant to Subsection 45(1.4) of the Planning Act, an application for variances is permitted with respect to the property municipally known as 2 Bloor Street West and 820 Yonge Street for relief from the requirements of City of Toronto Zoning By-law 569-2013, as amended by By-law 662-2020, to amend the associated development standards only as they relate to the phasing of loading spaces on the development site, and that the location of the office uses required by the by-laws are to be provided within Building A and Building B. 3. City Council declare that Recommendations 1 and 2 above shall not be construed to fetter City Council's or the Chief Planner and Executive Director, City Planning's discretion with respect to any decision or opinion regarding the variance application related to 2 Bloor Street West and 820 Yonge Street.
MM35.50adopted
At its meeting on June 8 and 9, 2021, City Council approved the implementation of a Food Incubator Tenancy Program at 5200 Yonge Street to encourage the establishment and initial growth of small food service businesses pursuant to section 84 of the City of Toronto Act, 2006. City Council further authorized the execution of below market rent lease agreements for four (4) eligible owners ("the Tenants") to operate in food stations and one (1) Food Learning, Innovation Place operator selected by a Tenant Selection Committee. The purpose of this Food Incubator Tenancy Program is to provide the infrastructure and training through the City's Small Business Enterprise Centre program ("Enterprise Toronto") to allow start-up food entrepreneurs to begin a new and innovative food service business of their own in a shared food hall equipped with commercial-grade kitchen appliances. This program is also consistent with the objective of laying the foundation for Toronto's social and economic recovery as outlined in EX17.1 "Towards Recovery and Building a Renewed Toronto". Food Incubator Tenancy Space at 5200 Yonge Street The Food Incubator Tenancy Space is located on the northeast corner of the condominium building located at 5200 Yonge Street. This space will be conveyed to the City imminently as part of the Section 37 benefit related to the development of 5200 Yonge Street. A Tenant Selection Committee has already selected the four initial food operators and has a schedule to execute the leases and open the operation by September 1, 2020. The Ministry of Environment, Conservation and Parks has issued a Certificate of Property Use against the property, including the space of which the City is taking ownership and in which the Food Incubator program will operate, which requires ongoing groundwater and indoor air monitoring. The Certificate of Property Use requirement is related to existing contamination from a former dry cleaner that previously operated on an adjacent property. The developer of the adjacent property has confirmed that remediation has occurred already. As such, the City believes that, with 2-5 years of monitoring data, the risk of the Ministry of Environment, Conservation and Parks requiring further groundwater and indoor air monitoring is low. The City's Policy for Accepting Potentially Contaminated to be Conveyed to the City under the Planning Act ("the policy") does not permit the City to accept lands that are subject to ongoing groundwater or soil vapour monitoring and reporting requirements. Moreover, the Section 37 Agreement stipulates that the City must be given the space free of all encumbrances. However, in lieu of the City space not being in proximity to where the groundwater and indoor air monitoring will need to occur, the developer has offered to both conduct the monitoring and reporting required by the Certificate of Property Use as well as to indemnify the City from liability emerging from any non-compliance with the Certificate of Property Use. As such, staff do not view that the Certificate of Property Use should be regarded as an encumbrance. In the interest of avoiding a delay to the scheduled opening of the Food Incubator Program and to expedite the near term economic recovery among the four (4) selected Tenants, the recommendations enclosed in this Motion seek an exemption from the policy and authority to exempt the Certificate of Property Use from being defined as an encumbrance.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council exempt the stratified parcel of land at 5200 Yonge Street, required to be conveyed to the City pursuant to the Section 37 Agreement between the City and 5200 Yonge Street Limited Partnership (the "Developer") and intended for use as a Food Incubator Program (the "Food Incubator Tenancy Space") from the application of Section 5.4.5.3 of the Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act, such that the City will accept the conveyance of the Food Incubator Tenancy Space subject to the ongoing indoor air and ground water monitoring requirements pursuant to the Certificate of Property Use affecting the 5200 Yonge Street site, including the Food Incubator Tenancy Space. 2. City Council authorize the amendment to the Section 37 Agreement between the City and the Developer to include an indemnity agreement with the Developer, whereby the Developer assumes all responsibility for the indoor air and ground water monitoring obligations under the Certificate of Property Use, and indemnifies the City from any and all liability associated with such monitoring obligations under the Certificate of Property Use. 3. City Council deem the ongoing indoor and ground water monitoring obligations identified in the Certificate of Property Use not to be an encumbrance against the Food Incubator Tenancy Space for the purposes of the conveyance required under the Section 37 Agreement.
Staff recommendation as filed
Councillor John Filion, seconded by Councillor Mike Colle, recommends that: 1. City Council exempt the stratified parcel of land at 5200 Yonge Street, required to be conveyed to the City pursuant to the Section 37 Agreement between the City and 5200 Yonge Street Limited Partnership (the "Developer") and intended for use as a Food Incubator Program (the "Food Incubator Tenancy Space") from the application of Section 5.4.5.3 of the Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act, such that the City will accept the conveyance of the Food Incubator Tenancy Space subject to the ongoing indoor air and ground water monitoring requirements pursuant to the Certificate of Property Use affecting the 5200 Yonge Street site, including the Food Incubator Tenancy Space. 2. City Council authorize the amendment to the Section 37 Agreement between the City and the Developer to include an indemnity agreement with the Developer, whereby the Developer assumes all responsibility for the indoor air and ground water monitoring obligations under the Certificate of Property Use, and indemnifies the City from any and all liability associated with such monitoring obligations under the Certificate of Property Use. 3. City Council deem the ongoing indoor and ground water monitoring obligations identified in the Certificate of Property Use not to be an encumbrance against the Food Incubator Tenancy Space for the purposes of the conveyance required under the Section 37 Agreement.
MM35.51adopted
CaféTO guidelines require flankage cafés (along the side of a building, and/or on a local road) to be vacated by 11:00 p.m., with a "last call for alcohol service" at 10:15 p.m. Cafes in the curb lane or on the sidewalk frontage may currently serve alcohol until 2 a.m., and must be vacated by 2:45 a.m. This has created a discrepancy between policies applied to very similar businesses and a fundamental inequity in the requirements of different restaurant operators. Restaurants operating flankage cafes in the Willowdale Business Improvement Area operate no more closely to residential areas than those permitted later closing times. In some cases, cafes operating on different sides of the same residential building are treated differently by the current guidelines. These recommendations seek to harmonize the operating times of all CafeTO installations specific to the Willowdale area where additional strain on surrounding residents is not expected to be a significant concern. This Motion is urgent as it addresses financial hardships being experienced by small businesses that may not be able to remain economically viable through to the next meeting of Council.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council exempt the following locations from the 11:00 p.m. closure time requirement in sections 742-2.1D(1)(e)(i) and 742-9.10A(1) of City of Toronto Municipal Code Chapter 742, Sidewalk Cafes, Parklets and Marketing Displays, and require that the following locations instead be closed and cleared of customers by 2:45 a.m., with such exemption and closure requirement to be of effect only from July 15, 2021 to November 10, 2021, inclusive: a. Menami Restaurant, 5469 Yonge Street; b. Nolbu Toronto Korean Japanese Restaurant, 3 Elmhurst Avenue; and c. Old Taste, 5433 Yonge Street.
Staff recommendation as filed
Councillor John Filion, seconded by Councillor Mike Colle, recommends that: 1. City Council exempt the following locations from the 11:00 p.m. closure time requirement in sections 742-2.1D(1)(e)(i) and 742-9.10A(1) of City of Toronto Municipal Code Chapter 742, Sidewalk Cafes, Parklets and Marketing Displays, and require that the following locations instead be closed and cleared of customers by 2:45 a.m., with such exemption and closure requirement to be of effect only from July 15, 2021 to November 10, 2021, inclusive: a. Menami Restaurant, 5469 Yonge Street; b. Nolbu Toronto Korean Japanese Restaurant, 3 Elmhurst Avenue; and c. Old Taste, 5433 Yonge Street.
MM35.52adopted
City Planning has received a request for a temporary use zoning by-law that would allow for an outdoor patio to be located in a Toronto Parking Authority surface parking lot at 592 Gerrard Street East. The lot is currently vacant, historically used for municipal parking and managed by the Toronto Parking Authority. There are no existing City uses or activities within the proposed patio area, with an existing bike share station along the frontage of the lot to remain. A patio is proposed to be similarly established in this vacant City-owned Toronto Parking Authority lot, for restaurants in the vicinity who may reach a licencing arrangement with the City to use the space for a temporary patio. For main street restaurant businesses, temporary patios are being established in the right of way under the CaféTO program, to provide additional patio capacity during restrictions related to the COVID-19 pandemic. The temporary zoning relief is to provide additional outdoor patio capacity to ensure physical distancing is maintained for patrons and to meet their own standard patron capacity targets to remain in operation during the ongoing COVID-19 pandemic. This Motion is urgent as local restaurants have been closed for much of the pandemic due to limits on indoor public gatherings so the proposed outdoor patio would provide an opportunity to improve their customer relations and financial viability.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council enact the Zoning By-law Amendment for 592 Gerrard Street East substantially in accordance with Attachment 1 to the report (July 15, 2021) from the Chief Planner and Executive Director, City Planning, and the Executive Director, Corporate Real Estate Management. 2. City Council authorize the City to enter into a licence arrangement with a restaurant or restaurants in the vicinity of 592 Gerrard Street East, permitting the licensee(s) to establish an open dining area on the site, available for use by all members of the public and, in exchange for incurring the associated costs of providing tables, seating and maintaining such public area, allowing the licensee(s), to serve food and beverages to individuals making use of the area, where permitted by applicable law, subject to such terms as considered appropriate by the Executive Director, Corporate Real Estate Management, including any requirements under the CafeTO program or Municipal Code Chapter 742, Sidewalk Cafes, Parklets and Marketing Displays, which might be modified or adapted to be appropriate in the circumstances. 3. City Council direct that approval be contingent on the following conditions: a. signage will be posted in a prominent location to remind people to be considerate of the surrounding community; b. 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 licensee(s); and d. there will be no outdoor music, performances and dancing, or amplified sound on the patio. 4. 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 Paula Fletcher, seconded by Councillor Brad Bradford, recommends that City Council adopt the following recommendations in the report (July 15, 2021) from the Chief Planner and Executive Director, City Planning and the Executive Director, Corporate Real Estate Management: 1. City Council enact the zoning by-law amendment substantially in accordance with Attachment 1 to the report (July 15, 2021) from the Chief Planner and Executive Director, City Planning, and the Executive Director, Corporate Real Estate Management. 2. The City be authorized to enter into a licence arrangement with a restaurant or restaurants in the vicinity of 592 Gerrard Street East, permitting the licensee(s) to establish an open dining area on the site, available for use by all members of the public and, in exchange for incurring the associated costs of providing tables, seating and maintaining such public area, allowing the licensee(s), to serve food and beverages to individuals making use of the area, where permitted by applicable law, subject to such terms as considered appropriate by the Executive Director, Corporate Real Estate Management, including any requirements under the CafeTO program or Municipal Code Chapter 742, Sidewalk Cafes, Parklets and Marketing Displays, which might be modified or adapted to be appropriate in the circumstances. 3. City Council direct that approval be contingent on the following conditions: a. signage will be posted in a prominent location to remind people to be considerate of the surrounding community; b. 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 licensee(s); and d. there will be no outdoor music, performances and dancing, or amplified sound on the patio. 4. City Council authorize the City Solicitor to make such stylistic and technical changes to the zoning by-law amendment as may be required.
MM35.53adopted
Mattachioni restaurant at 1499-1501 Gerrard Street East like many restaurants during the pandemic had a financially difficult time and so this summer is taking advantage of the CafeTO program. A 1.2 metre fence used previously for another purpose would work well as a curb lane fence and under the 2021 CafeTO guidelines business owners are allowed to provide their own linear closure material. However, his fence is 20 centimetres higher than those guidelines allow. It may be possible in this location such a fence height might indeed be safe. This Motion is urgent as much of the outdoor dining season will be over by the time of the next City Council meeting and if a solution could be found to accommodate the business request it would help to improve its financial viability and customer relations.
City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council request the General Manager, Transportation Services to work with the operator of Mattachioni Restaurant at 1499-1501 Gerrard Street East to see if their proposed curbside fence might be safely installed, and if so, permit its use during the 2021 CafeTO season.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Brad Bradford, recommends that: 1. City Council request the General Manager, Transportation Services to work with the operator of Mattachioni restaurant at 1499-1501 Gerrard Street East to see if their proposed curbside fence might be safely installed, and if so, permit its use during the 2021 CafeTO season.