Toronto City Council
The full agenda, as filed
All 57 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
Items 1 to 25 of 57Show 2550100all
BL37.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills.
City Council on November 9, 10 and 12, 2021, enacted By-laws 891-2021 to 961-2021.
CC37.1adopted
On February 26, 2020, City Council passed City of Toronto By-laws 243-2020 and 244-2020 (the "By-laws") permitting the rezoning of the lands municipally known as 540-544 King Street West and 1-7 Morrison Street. City Council's decision to pass the By-laws was appealed by a third party to the Ontario Land Tribunal on July 23, 2020. The purpose of this report is to request instructions in respect of this matter prior to the commencement of a hearing of the appeal before the Ontario Land Tribunal on November 22, 2021.
City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 28, 2021) from the City Solicitor. 2. City Council direct that the confidential instructions to staff in Confidential Attachment 1 to the report (October 28, 2021) from the City Solicitor remain confidential, at the discretion of the City Solicitor, up to the date of the hearing of the Ontario Land Tribunal on November 22, 2021 at which time the City Solicitor is directed to disclose the confidential instructions to staff in Confidential Attachment 1 to the report (October 28, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachments 2 to 6 to the report (October 28, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (October 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 contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (October 28, 2021) from the City Solicitor will be made public after the date of the hearing of the Ontario Land Tribunal on November 22, 2021. The balance of Confidential Attachment 1 to the report (October 28, 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 (October 28, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor. Confidential Attachments 2 to 6 to the report (October 28, 2021) from the City Solicitor remain confidential in their entirety at this time in accordance with the provisions of the City of Toronto Act, 2006 as they contain advice that is subject to solicitor-client privilege. Confidential Attachments 2 to 6 to the report (October 28, 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 the Confidential Attachment 1 to the report (October 28, 2021) from the City Solicitor. 2. City Council direct that the recommendations contained in the Confidential Attachment 1 to the report (October 28, 2021) from the City Solicitor remain confidential, at the discretion of the City Solicitor, up to the date of the hearing of the Ontario Land Tribunal on November 22, 2021 at which time the City Solicitor is directed to disclose the recommendations in the Confidential Attachment 1. 3. City Council direct that all other information contained in Confidential Attachments 1 through 6 to the report (October 28, 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.
DM37.1adopted
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 November 9, 10 and 12, 2021, adopted the following: 1. City 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).
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).
MM37.1adopted
Parkside Drive Safety Measures - by Councillor Gord Perks, seconded by Councillor Jennifer McKelvie
The deaths of Valdemar and Fatima Avila should have been prevented. For years local residents have been advocating for improved safety measures. While City Council has implemented some of the measures they have requested, other measures were not implemented because Toronto and Ontario's rules for managing streets are antiquated and do not put safety ahead of traffic flow. Parkside Drive, between Lake Shore Boulevard West and Bloor Street West, has residential homes on the east side and High Park to the west. Despite these uses, repeated requests to improve safety measures have not been implemented because Parkside Drive is classified as a four-lane major arterial roadway with a regulatory speed limit of 50 kilometres per hour. It is incumbent on City Council to take a true Vision Zero approach on Parkside Drive. These recommendations aim to achieve that through a combination of short term measures and a complete redesign of the street.
City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council direct staff to implement the following on an expedited basis: a. reduce the speed limit from 50 kilometres per hour to 40 kilometres per hour on Parkside Drive between Bloor Street West and Lakeshore Boulevard West; b. install permanent "Watch Your Speed" signs on Parkside Drive; c. install a traffic signal on Parkside Drive at Geoffrey Street for pedestrians to safely cross from the Toronto Transit Commission bus stop; d. install a sidewalk on the west side of Parkside Drive between Spring Road and just north of the underpass; e. install a sidewalk on the west side of Parkside Drive between Bloor Street south to High Park Boulevard; f. work with the Toronto Parking Authority to install Green P parking spots and any necessary signage and/or physical on-street protection measures on the west side of Parkside Drive between Spring Road and north of the underpass and Bloor Street south to High Park Boulevard once the sidewalks in Parts 1.d. and 1.e. above are installed; g. improve lighting in the City portion of the Parkside Drive underpass; h. amend the Automated Speed Enforcement program to include all Community Safety Zones approved by the City prior to 2017; and i. amend the current contract for Automated Speed Enforcement cameras with the current vendor to accommodate coverage of additional zones. 2. City Council direct the General Manager, Parks, Forestry and Recreation to include the development of a redesign of Parkside Drive as a part of the High Park Movement Strategy public consultations this fall. 3. City Council direct the staff participating in the review in Part 2 above to use the City's Complete Streets guidelines as the principal guiding document for the review and study of Parkside Drive so that the warrants are not solely based on road classification.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council direct staff to implement the following on an expedited basis: a. reduce the speed limit from 50 kilometres per hour to 40 kilometres per hour on Parkside Drive between Bloor Street West and Lakeshore Boulevard West; b. install permanent "Watch Your Speed" signs on Parkside Drive; c. install a traffic signal on Parkside Drive at Geoffrey Street for pedestrians to safely cross from the Toronto Transit Commission bus stop; d. install a sidewalk on the west side of Parkside Drive between Spring Road and just north of the underpass; e. install a sidewalk on the west side of Parkside Drive between Bloor Street south to High Park Boulevard; f. work with the Toronto Parking Authority to install Green P parking spots and any necessary signage and/or physical on-street protection measures on the west side of Parkside Drive between Spring Road and north of the underpass and Bloor Street south to High Park Boulevard once the sidewalks in Parts 1.d. and 1.e. above are installed; g. improve lighting in the City portion of the Parkside Drive underpass; h. amend the Automated Speed Enforcement program to include all Community Safety Zones approved by the City prior to 2017; and i. amend the current contract for Automated Speed Enforcement cameras with the current vendor to accommodate coverage of additional zones. 2. City Council direct the General Manager, Parks, Forestry and Recreation to include the development of a redesign of Parkside Drive as a part of the High Park Movement Strategy public consultations this fall. 3. City Council direct the staff participating in the review in Part 2 above to use the City's Complete Streets guidelines as the principal guiding document for the review and study of Parkside Drive so that the warrants are not solely based on road classification.
RM37.1adopted
- O Canada - Moment of Silence
CALL TO ORDER: Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. November 9, 2021 Members of Council observed a moment of silence and remembered: Valdemar and Fatima Avila Jason Doyle Robyn Israel Edward Leman Christine Ralphs Jean Elizabeth Rider Faye Schulman Peter Soumalias 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, introduced a video from the Royal Canadian Legion commemorating the one hundredth anniversary of the use of the Poppy as a symbol of Remembrance in Canada. Speaker Nunziata called upon Mayor Tory to address City Council about Remembrance Week and the Year of the Poppy. Mayor Tory addressed City Council by acknowledging the proclamation of Remembrance Week and by noting that the iconic and familiar symbol of the Poppy was brought about by the hard work of Canadian veterans and others including Madame Anna Guérin who encouraged the use of the Poppy, on behalf of the people of France, and presented the first Poppy wreath to Toronto Mayor Tommy Langton Church in 1921 at what is now called Old City Hall. Mayor Tory noted that the Royal Canadian Legion has marked 2021 as the Year of the Poppy in honour of Canadians who gave their life for their country, including almost 10,000 from Toronto alone. Mayor Tory told City Council that he was honoured to have helped unveil a new Poppy symbol on the Toronto sign, in Nathan Phillips Square, which will return for Remembrance Week observances and other military anniversaries in years to come. Mayor Tory encouraged Members of Council and all Torontonians to wear a Poppy in honour of Remembrance week and noted that the sale of Poppies helps the Royal Canadian Legion continue to provide services and support to its members. Mayor Tory encouraged Torontonians to take time to observe Remembrance Day on November 11 by attending one of the services, by visiting a cenotaph or by viewing Remembrance Day ceremonies live online. Mayor Tory acknowledged and thanked, on behalf of City Council, the contributions made by the Government of Canada, through the Veterans Affairs Commemorative Partnership program, in support of Remembrance Week ceremonies and thanked the Royal Canadian Legion for their support in the use of the Poppy symbol on the Toronto sign and on City vehicles throughout Remembrance Week. Mayor Tory called on Bruce Stewart, District Sergeant-at-Arms and District Parade Marshall, District D, Royal Canadian Legion, to address City Council. Bruce Stewart thanked Mayor Tory and encouraged Torontonians to observe Remembrance Day by attending a cenotaph or Remembrance Day service. Bruce Stewart informed City Council of a project he had been working on, the Veteran Banner Program, which will be highlighted in Coronation Park, High Park, and Colonel Sam Smith Park next year. Mr. Stewart expressed his thanks to City staff for their help and support bringing the Veteran Banner program to City parks in 2022. Speaker Nunziata thanked Mr. Stewart for his remarks and reminded City Council that in 1998 City Council made a unanimous decision to exempt the Legion from paying property tax. 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.
CC37.2amended
Wells Gordon Limited (the "Applicant") is the owner of the property municipally known as 700-730 Mount Pleasant Road, 214-226 Soudan Avenue, and 19-21 Brownlow Avenue (the "Subject Site"), located on the north side of Soudan Avenue, west of Mount Pleasant Road. The Subject Site currently contains the Briton House Retirement Centre (the "Briton House"), which is comprised of a two-tower building, being 10 and 12 storeys in height, and an above ground Toronto Parking Authority parking garage at 730 Mount Pleasant Road. On November 2, 2017, the Applicant submitted a Zoning By-law Amendment application to the City (the "Application") to permit the development of a new 25-storey building (88.6 metres including mechanical penthouse), including a 7-storey base podium building (the "Original Proposal"). The Original Proposal proposed to add 133 assisted living nursing rooms to the existing retirement centre (in the base podium) and 123 independent retirement dwelling units (in the tower component). In 2018, the Applicant appealed its Application to the Local Planning Appeal Tribunal ("LPAT"), now known as the Ontario Land Tribunal ("OLT" or the "Tribunal"), for non-decision by City Council (the "Appeal"). The Appeal is known as LPAT File No. PL180431. A first case management conference was held on March 22, 2021 and a second case management conference was held on June 22, 2021. A 5-day hearing is currently scheduled for January 10 to 14, 2022. In addition to the City and the Applicant, the following are also parties to the Appeal: Royalwood Developments Limited (owners of 55 Brownlow Avenue); the Toronto District School Board ("TDSB"); and the South Eglinton Ratepayers' and Residents' Association ("SERRA"). City Council, in its decision regarding a Request for Interim Direction Report by City Planning (dated June 21, 2018) instructed the City Solicitor and City staff to oppose the Original Proposal in its current form and to continue reviewing the Application in an effort to resolve any outstanding issues with the proposal. As a result, without prejudice discussions between the City, the Applicant, and the above mentioned parties continued in order to seek amendments to the proposal that would address the City's remaining concerns with the design. On November 1, 2021, the Applicant's counsel, WeirFoulds LLP, submitted to the City Solicitor a with prejudice settlement offer (the "Settlement Offer") based on revised architectural plans dated October 18, 2021 and prepared by SRM Architects (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 also 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 OLT hearing. City Planning has been involved in the preparation of this report.
City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 2, 2021) from the City Solicitor as amended by the Confidential Attachment to motion 1 by Councillor Josh Matlow. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 2, 2021) from the City Solicitor, as amended by the Confidential Attachment to motion 1 by Councillor Josh Matlow, and City Council direct that the balance of Confidential Attachment 1 to the report (November 2, 2021) 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 (November 2, 2021) from the City Solicitor were adopted by City Council, as amended by the Confidential Attachment to motion 1 by Councillor Josh Matlow and are now public as follows: 1. City Council accept the with prejudice Settlement Offer dated November 1, 2021, in Public Attachment 1 to the report (November 2, 2021) from the City Solicitor and as generally shown on the Revised Plans dated October 18, 2021, in Public Attachment 2 to the report (November 2, 2021) from the City Solicitor, subject to the Parts 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 proposal as set out in the with prejudice Settlement Offer dated November 1, 2021, in Public Attachment 1 to the report (November 2, 2021) from the City Solicitor and as generally shown on the Revised Plans dated October 18, 2021, in Public Attachment 2 to the report (November 2, 2021) from the City Solicitor. 3. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. an indexed cash contribution of $1,500,000 to be paid by the Application prior to the issuance of the first above-grade building permit for the proposed development, to be allocated for local area improvements in the vicinity of the Subject Property, to the satisfaction of the Chief Planner in consultation with the local Ward Councillor; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a privately-owned, publicly accessible spaces located along the southern and western frontages of the Subject Property as generally shown on the Revised Plans dated October 18, 2021, in Public Attachment 2 to the report (November 2, 2021) from the City Solicitor and have a minimum depth of not less than 9 metres from the property line along Soudan Avenue and not less than 5 metres from the property line along Brownlow Avenue; prior to the issuance of site plan approval, the Applicant shall convey for nominal consideration an easement along the surface of the privately-owned, publicly accessible spaces lands to the City; the specific location, configuration, and design of the privately-owned, publicly accessible spaces area shall be determined through the site plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, Toronto and East York District; the Applicant shall own, operate, maintain, and repair the privately-owned, publicly accessible spaces and shall be required to install and maintain a sign stating that members of the public shall be entitled to use the privately-owned, publicly accessible spaces area, all at the Applicant's own expense; ii. the Applicant agrees to continue to work with the City through the Site Plan Approval process to refine the driveway design and consolidate the proposed curb cuts on Brownlow if possible, to the satisfaction of the General Manager, Transportation Services; iii. the Applicant agrees to implement through the Site Plan Approval process all wind mitigation measures identified in an updated report from a qualified wind consultant, including updated wind tunnel testing as may be required, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and iv. prior to the issuance of Site Plan Approval, the Applicant shall provide 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 to withhold its final order on the Zoning By-law Amendment application until such time as the Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the City and the Applicant have entered into and registered a Section 37 Agreement securing the benefits outlined in Part 3 above, all to the satisfaction of the City Solicitor; c. all outstanding engineering matters identified in the memorandum from Engineering and Construction Services dated August 18, 2020, including providing an updated Functional Servicing Report and Stormwater Management Report, have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the Applicant has entered into an agreement or agreements or otherwise secured the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report, Stormwater Management Report, and Hydrogeological Assessment, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water; and e. the Applicant has provided to the City a letter from a qualified wind consultant confirming that the amendments to the west façade of the building will not result in adverse wind impacts, all to the satisfaction of the Chief Planner and Executive Director, City Planning. 5. City Council require, as a condition of accepting the Applicant's Settlement Offer dated November 1, 2021, that the Applicant provide to City staff, prior to the City Solicitor attending the Ontario Land Tribunal hearing on this matter in support of the revised proposal, further updated plans showing additional tree plantings at grade along the Soudan Avenue frontage of the Subject Property, and which also demonstrate appropriate soil volumes and depths to accommodate such trees, all to the satisfaction of the Chief Planner and Executive Director, City Planning; the final number, design, size and diameter, and location of these tree plantings shall be determined through the Site Plan Approval process for the proposed development, all to the satisfaction of the Chief Planner and Executive Director, City Planning. 6. 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 (November 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 (November 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 the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.
MM37.2adopted
The North York Harvest Food Bank provides critical food bank services to underserved communities in the northern half of the City of Toronto, including Lawrence Heights. The Food Bank has struggled to find space that would allow them to operate a full-service food bank and community hub, a vital need in the Lawrence Heights community. The Lawrence Heights Community Centre is the ideal space for a centralized food hub that will provide vital emergency food supports, increase local food literacy, address food insecurity, and reduce social isolation through community building. I request that Corporate Real Estate Management and Parks, Forestry and Recreation staff work expeditiously with the North York Harvest Food Bank to secure a space in the Lawrence Heights Community Centre.
City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council request the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Parks, Forestry and Recreation, to work with the North York Harvest Food Bank to negotiate a shared space arrangement with the Food Bank on site at the Lawrence Heights Community Centre.
Staff recommendation as filed
Councillor Mike Colle, seconded by Councillor James Pasternak, recommends that: 1. City Council request the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Parks, Forestry and Recreation, to work with the North York Harvest Food Bank to negotiate a shared space arrangement with the Food Bank on site at the Lawrence Heights Community Centre.
RM37.2adopted
City Council will confirm the Minutes from the regular meeting held on October 1 and 4, 2021.
City Council confirmed the Minutes of Council from the regular meeting on October 1 and 4, 2021.
CC37.3adopted
Rockport (MPE) Inc. (the "Applicant") has applied for a Zoning By-law Amendment (the "Application") for the property municipally known as 717-733 Mount Pleasant Road (the "Site" or "Subject Site"). On December 20, 2019, the Applicant initially submitted its Application to amend Zoning By-law Nos. 438-86 and 569-2013 for the Site in order to permit a 27-storey (92 metres including mechanical penthouse) residential building with retail at grade, including a 5-storey base building measuring 18 metres in height, and a proposed density (floor space index) of 6.68 times the area of the lot (the "Original Proposal"). On July 30, 2020, the Applicant appealed the Application to the Local Planning Appeal Tribunal ("LPAT"), now known as the OLT, for non-decision by City Council (the "Appeal"). An OLT hearing for this matter is scheduled for twelve days commending on January 31, 2022. In addition to the City and the Applicant, the South Eglinton Ratepayers' and Residents' Association ("SERRA"), the Toronto District School Board (the "TDSB"), and the Taunton Residents Association (Toronto) Inc. ("TRA") are parties to the Appeal. City Council instructed the City Solicitor in its decision on Item NY21.3 to oppose the Application in its current form at the OLT and to also attempt to negotiate a resolution of the Appeal based on revisions to the Original Proposal. Pursuant to Council's instructions, the City, along with the above-noted parties to the Appeal, participated in formal mediation in order to attempt to resolve the outstanding concerns regarding the Application. On October 28, 2021, the City Solicitor received a with prejudice settlement offer from the Applicant (the "With Prejudice Settlement Offer"). The With Prejudice Settlement Offer proposes to resolve the Appeal based on the following changes to the proposed development (the "Revised Proposal"), which are reflected in architectural plans dated June 8, 2021 inclusive (the "Revised Plans"): reduction in the overall building height from 27-storeys to 23-storeys (with a new overall metric height of 81 metres to the top of the mechanical penthouse); reduction in height and sculpting of the rooftop mechanical penthouse to reduce its visual and shadow impact; reduction in the number of surface vehicle parking spaces at the rear of the building from eleven (11) spaces to nine (9) spaces; reductions in the number of balconies on the east façade (from 5 per floor to 3 per floor) to reduce potential overlook impacts onto the residential properties in the adjacent Neighbourhoods designation; relocation of balconies from the corners of the building to reduce shadow impacts; relocation of internal and external amenity spaces to the west side of the building to eliminate impacts on residential properties to the east in the adjacent Neighbourhoods designation; inclusion of plantings along the perimeter of terraces and outdoor amenity areas and the reduction in the depth of the 2nd floor terraces on the east side of the building to reduce visual impact and prevent overlook; use of solid materials on east facing balconies to reduce overlook opportunities; inclusion of a dog run on the north end of the 2nd floor with screening to the east; reduced ground floor depth to accommodate a 1.2 metre landscaped area along the east property line, which is to be maintained by the Applicant; and the provision of a 7.5 metre wide paved public laneway which will form part of the eventual public laneway network connecting to Soudan Avenue, and will eventually provide access to sites designated Mixed Use Areas along Mount Pleasant Road. The With Prejudice Settlement Offer includes a community benefit cash contribution of $1.6 million, to be secured in a Section 37 Agreement, pursuant to Section 37 of the Planning Act. The City Solicitor requires further instructions regarding the With Prejudice Settlement Offer from City Council at its upcoming meeting on November 9 and 10, 2021, as the offer will expire at the end of the Council meeting. A copy of the With Prejudice Settlement Offer is contained as Public Attachment 1 to this Report. A copy of the Revised Plans are also included as Public Attachment 2 to this Report.
City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 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 (November 2, 2021) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (November 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 (November 2, 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 October 28, 2021 for the lands municipally known as 717-733 Mount Pleasant Road in Public Attachment 1 to the report (November 2, 2021) from the City Solicitor and as generally shown on the Revised Plans dated June 8, 2021 inclusive in Public Attachment 2 to the report (November 2, 2021) from the City Solicitor, subject to the Parts 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 With Prejudice Settlement Offer dated October 28, 2021 for the lands municipally known as 717-733 Mount Pleasant Road in Public Attachment 1 to the report (November 2, 2021) from the City Solicitor and as generally shown on the Revised Plans dated June 8, 2021 inclusive in Public Attachment 2 to the report (November 2, 2021) from the City Solicitor. 3. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement, pursuant to Section 37 of the Planning Act, in order to secure the following, to the satisfaction of the City Solicitor: a. the community benefits to be secured in the Section 37 Agreement are as follows: i. an indexed cash contribution in the amount of one-million and six-hundred thousand dollars ($1,600,000.00), to be paid by the Applicant to the City prior to the issuance of the first above-grade building permit for the Site, and to be allocated for community improvements in the vicinity of the Site in Ward 15, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; ii. the amount of the cash contribution referred to in Part 3 a.i. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the Applicant to the City; and iii. in the event that the cash contribution in Part 3 a.i. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the Site; and b. the matters to be secured in the Section 37 Agreement as legal conveniences in support of the development are as follows: i. the design, construction, conveyance, and maintenance of lands by the Applicant to the City of Toronto, being 7.5 metres in width, at the rear of the Subject Site, as shown on the Revised Plans dated June 8, 2021 inclusive in Public Attachment 2 to the report (November 2, 2021) from the City Solicitor, for the purpose of a future north-south public laneway, free and clear of all encumbrances, as required by the Yonge-Eglinton Secondary Plan. Details of the design of the lane shall be secured through the site plan process, in accordance with the applicable City standards, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and ii. the design, construction, installation, and ongoing maintenance by the Owner of the 1.5 metre wide landscaped buffer along the east lot line, located within the lands to be conveyed by the Applicant to the City for the new north-south public laneway referred to in Part 4.b.ii and as shown on the Revised Plans dated June 8, 2021 inclusive in Public Attachment 2 to the report (November 2, 2021) from the City Solicitor, the design of which shall be secured through the site plan process, all 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 to withhold its Final Order on the Zoning By-law Amendment Application until such time as the Tribunal has been advised by the City Solicitor that: a. the 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 Section 37 Agreement securing the benefits outlined in Part 3 above and the Section 37 Agreement has been registered on title to the Subject Site; c. the Applicant has submitted a revised Functional Servicing Report and Stormwater Management Report and Hydrogeological Report which address the items contained in the January 4, 2021 Memorandum from Engineering and Construction Services, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the Applicant has submitted a revised Traffic Impact Study, Parking and Loading Study, and Waste Management Study, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and e. the Applicant has submitted a full set of architectural plans, reflecting the settlement offer, for the Subject Site, to the satisfaction of the Chief Planner and Executive Director, City Planning. 5. City Council authorize the City Solicitor to take the necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (November 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 (November 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 confidential recommendations contained in the Confidential Attachment 1 to the report (November 2, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to the report (November 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 (November 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.
MM37.3adopted
This Motion recommends the release of Section 37 Planning Act funds to Arts Etobicoke for the purpose of undertaking the creation of a Heritage themed mural on the restored Royal York Bridge/ Mimico Creek Bridge on Royal York Road to be painted in 2022. Councillor Mark Grimes and Arts Etobicoke are working together to create a vibrant Heritage mural that reflects the beauty of the natural surroundings in the neighbourhood and will act as a gateway to the area. Community consultations will be held online. Funds have been secured from the development at 21 Old Mill Road as community benefits through Section 37 of the Planning Act to be used toward Heritage improvements along the Humber River from Dundas Street to Lake Ontario. The funds identified have been received by the City.
City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council increase the 2021 Approved Operating Budget for Non-Program on a one-time basis by $15,000 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from 21 Old Mill Road (Source Account: XR3026-3700443) for transfer to Arts Etobicoke for the purpose of designing a new Heritage themed mural to be created on the restored Royal York Bridge/ Mimico Creek Bridge on Royal York Road (Cost Centre NP2161). 2. City Council direct that the $15,000 be forwarded to Arts Etobicoke, subject to Arts Etobicoke signing an Undertaking governing the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Stephen Holyday, recommends that: 1. City Council increase the 2021 Approved Operating Budget for Non-Program on a one-time basis by $15,000 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from 21 Old Mill Road (Source Account: XR3026-3700443) for transfer to Arts Etobicoke for the purpose of designing a new Heritage themed mural to be created on the restored Royal York Bridge/ Mimico Creek Bridge on Royal York Road (Cost Centre NP2161). 2. City Council direct that the $15,000 be forwarded to Arts Etobicoke, subject to Arts Etobicoke signing an Undertaking governing the use of the funds and the financial reporting requirements.
RM37.3adopted
Introduction of Committee Reports and New Business from City Officials
Deferred Items: Item NY26.2 Item TE23.10 Item TE23.21 Other Deferred Matter: Item DM37.1 Report of the Executive Committee from Meeting 27 on October 27, 2021 Submitted by Mayor John Tory, Chair Report of the Audit Committee from Meeting 10 on November 2, 2021 Submitted by Councillor Stephen Holyday, Chair Report of the Board of Health from Meeting 31 on October 25, 2021 Submitted by Councillor Joe Cressy, Chair Report of the Civic Appointments Committee from Meeting 24 on November 1, 2021 Submitted by Deputy Mayor Denzil Minnan-Wong, Chair Report of the Economic and Community Development Committee from Meeting 25 on October 21, 2021 Submitted by Councillor Michael Thompson, Chair Report of the General Government and Licensing Committee from Meeting 26 on October 20, 2021 Submitted by Councillor Paul Ainslie, Chair Report of the Infrastructure and Environment Committee from Meeting 25 on October 26, 2021 Submitted by Councillor Jennifer McKelvie, Chair Report of the Planning and Housing Committee from Meeting 27 on October 18, 2021 Submitted by Councillor Ana Bailão, Chair Report of the Planning and Housing Committee from Meeting 28 on October 28, 2021 Submitted by Councillor Ana Bailão, Chair Report of the Striking Committee from Meeting 9 on October 29, 2021 Submitted by Deputy Mayor Denzil Minnan-Wong, Chair Report of the Etobicoke York Community Council from Meeting 27 on October 12, 2021 Submitted by Councillor Mark Grimes, Chair Report of the North York Community Council from Meeting 27 on October 13, 2021 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 27 on October 15, 2021 Submitted by Councillor Jennifer McKelvie, Chair Report of the Toronto and East York Community Council from Meeting 28 on October 14, 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.
CC37.4adopted
808 Mount Pleasant Road - Zoning By-law Amendment Application - Request for Directions
On June 29, 2018, the applicant (2245883 Ontario Inc.) appealed its Zoning By-law Amendment application (Application Number 17 261931 STE 22 OZ) to the Ontario Land Tribunal (OLT). The appeal was made without revisions to the original proposal and citing Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act. The purpose of this report is to request further instructions in respect of this matter prior to the second OLT Case Management Conference that is scheduled to commence on November 19, 2021.
City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor. 2. City Council authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor; and b. Confidential Attachments 2 to 5 to the report (November 1, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (November 1, 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 (November 1, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice settlement offer attached to the report (November 1, 2021) from the City Solicitor as Confidential Attachment 2, Confidential Attachment 3, Confidential Attachment 4, and Confidential Attachment 5 (collectively, the "Settlement Offer"), in respect of the appeal of the Zoning By-law Amendment application (Application 17 261931 STE 22 OZ) subject to the Parts below. 2. City Council direct the City Solicitor, together with the appropriate staff, to attend the Ontario Land Tribunal in support of the Settlement Offer subject to the Parts below. 3. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) for the development 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 to City of Toronto By-law 569-2013 and former City of Toronto By-law 438-86, as amended, are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and include the requirement for appropriate matters, services and facilities to be provided by the owner at its sole expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development as a legal convenience; b. the owner has provided a Functional Servicing and Stormwater Management Report and supporting documents, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water; c. the owner has financially secured and designed any upgrades and/or required improvements to municipal infrastructure in connection with the accepted Functional Servicing Report, and entered into the appropriate agreements with the City, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades to such infrastructure are required to support this development; d. the owner has signed a Section 37 Agreement securing such matters, services and facilities to be provided by the owner at its own expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development all satisfactory to the Chief Planner and Executive Director, City Planning and registered said Agreement on title to the lands, satisfactory to the City Solicitor; and e. the owner has provided a signed solicitor's certificate from the owner's real estate lawyer licensed to practice in Ontario providing the opinion that encumbrances registered on title to the parkland dedication and parkland over-dedication (as set out below) including, but not limited to, a "right of purchase" registered as Instrument No. AT2938877 are discharged and the rights associated therewith are extinguished and no longer enforceable as against the parkland dedication and the parkland over-dedication to the satisfaction of the City Solicitor. 4. City Council approve the acceptance of an on-site parkland dedication comprised of the lands municipally known as 247 Roehampton Avenue, 249 Roehampton Avenue, and 820 Mount Pleasant Road, having an area no less than 269.98 square metres (the "Parkland Dedication"), to be used for the purpose of public parkland pursuant to Section 42 of the Planning Act and in accordance with the Toronto Municipal Code, Chapter 415, Article III, at no cost to the City and subject to the owner transferring all the Parkland Dedication to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition, to the satisfaction of the General Manager, Parks, Forestry and Recreation in accordance with all applicable City policies prior to the issuance of the first above-grade building permit for the site. 5. City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, to exercise their discretion to accept, if proposed by the owner, encumbrances of tiebacks in the Parkland Dedication and the parkland over-dedication as set out in Part 6 below, where such encumbrances are deemed acceptable by the General Manager, Parks, Forestry and Recreation; and such encumbrances 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. 6. City Council direct the City Solicitor to proceed with the preparation, execution, and registration of an agreement with the owner pursuant to Section 37 of the Planning Act to secure the following matters, services, and facilities to be provided as community benefits to support of the development: a. prior to the earlier of the registration of the first condominium in respect of any part of the site and the first occupancy of any part of the development, the owner shall provide no less than 5,000 square feet of space within the development, being the most northern non-residential unit facing the Parkland Dedication and the parkland over-dedication as shown on the enclosed plans, for the City's EarlyON program (the "EarlyON Space"), in accordance with the terms set out in Schedule A to Confidential Attachment 2 to the report (November 2, 2021) from the City Solicitor, to the satisfaction of the Chief Planner and Executive Director, City Planning; b. prior to the earlier of condominium registration in respect of any part of the site and the first residential use of any part of the development, but in any event prior to the conveyance of the EarlyON Space to the City, the owner shall enter into and register on title 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, or portions of the subject lands to be owned by the City and the owner as they pertain to the EarlyON Space; c. prior to the issuance of the first above-grade building permit for any part of the site, the owner shall convey to the City the fee simple interest in a part of the site with an area of no less than 47 square metres as an over-dedication of public parkland, at no cost to the City and subject to the owner transferring all the over-dedication to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition, to the satisfaction of the General Manager, Parks, Forestry and Recreation in accordance with all applicable City policies, and subject to the authority granted to the General Manager, Parks, Forestry and Recreation in respect of tiebacks; and to secure the following matters as legal conveniences: d. prior to the issuance of the first above-grade building permit for any part of the site, the owner shall convey to the City the fee simple interest in the Parkland Dedication to the City on the terms of Part 4 above, all to the satisfaction of the General Manager, Parks, Forestry and Recreation, and subject to the authority granted to the General Manager, Parks, Forestry and Recreation in respect of tiebacks; e. the owner shall provide no less than 15 percent of the total number of residential units as 2-bedroom units, no less than 10 percent of the total number of residential units as 3-bedroom units, and no less than 15 percent of the total number of residential units as convertible to 2-or-3-bedroom units, to the satisfaction of the Chief Planner and Executive Director, City Planning as a part of the Site Plan Control application for the development; f. 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 PG32.3 of the Planning and Growth Management Committee, and as updated by 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 City Council from time to time; 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 the development; g. pursuant to the Site Plan Application process for the development, but in any event prior to Site Plan approval, the owner shall provide the following Transportation Demand Management measures to the satisfaction of the Chief Planner: i. review potential to include 1-2 publicly accessible car-share spaces onsite; ii. one (1) car-share and/or bike-share membership per unit, offered in the first year of occupancy; iii. one (1) pre-loaded Presto card ($100 value) per unit offered in the first year of occupancy; and iv. a minimum of two (2) bike repair stations provided on-site. 7. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. The balance of Confidential Attachment 1 to the report (November 1, 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 (November 1, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor. Confidential Attachments 2 to 5 to the report (November 1, 2021) from the City Solicitor are now public and are available under Background Information (City Council).
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor if the confidential recommendations in Confidential Attachment 1 are adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report (November 1, 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. 4. City Council authorize the public release of the confidential information and documents in Confidential Attachments 2 through 5, inclusive, to the report (November 1, 2021) from the City Solicitor if the confidential recommendations in Confidential Attachment 1 are adopted by City Council.
MM37.4referred
There is a growing opioid/fentanyl substance abuse crisis in communities within the Eglinton Avenue West area. This crisis is having devastating impacts on victims of opioid/fentanyl abuse and a coordinated, comprehensive, multi-partner public health response is required to help victims of substance abuse, and address the impact that this crisis is also having on the local residential and retail areas along Eglinton Avenue West. There is a real and immediate need for medical intervention and support to help victims of opioid abuse. Efforts to address this crisis have been ongoing by Toronto Public Health, community organizations, local residents, along with the local police at 13 Division, but these efforts need to be reinforced by additional agencies and resources in a comprehensive and coordinated way.
City Council on November 9, 10 and 12, 2021, referred Motion MM37.4 to the Board of Health.
Staff recommendation as filed
Councillor Mike Colle, seconded by Councillor Josh Matlow, recommends that: 1. City Council request the General Manager, Social Development, Finance and Administration to work with the General Manager, Shelter, Support and Housing Administration, Toronto Public Health, local police at 13 Division, local Business Improvement Areas, local residents, people living with addiction issues, and any other City Divisions and Agencies to prepare an action plan to tackle this growing opioid/fentanyl crisis in the Eglinton Avenue West area; such action plan to consider the following as urgent priorities: a. a coordinated public health action plan focused on providing medical support and interventions for the victims of the opioid/fentanyl crisis; b. the deployment of a Community Safety Team (based on the model currently being used at the temporary hotel shelters) in the Eglinton Avenue West area where this opioid/fentanyl abuse crisis appears to be impacting individuals and the local community; c. the establishment of a permanent, storefront health clinic in the Eglinton Avenue West area to provide urgently needed medical intervention and supports to victims of substance abuse; and d. expanded outreach to the Provincial and Federal governments to explore programs and secure additional resources in support of the City's efforts to deal with the public health crisis caused by the opioid/fentanyl crisis.
RM37.4received
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.
CC37.5amended
On March 6, 2020, the applicant, Dunpar Holding Inc. (Dunpar), appealed its Zoning By-law Amendment and Draft Plan of Subdivision applications to the Ontario Land Tribunal (OLT). The appeal was made without revisions to the original proposal and citing Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act. On July 28 and 29, 2020 Council directed the City Solicitor, together with appropriate staff, to attend the OLT hearing to oppose the appeal respecting the Zoning By-law Amendment application, as proposed. Concurrently, the City Solicitor obtained instructions from the Chief Planner and Executive Director, City Planning to attend the OLT hearing to oppose the appeal respecting the associated Draft Plan of Subdivision application. On September 22, 2020, Dunpar submitted an Official Plan Amendment application proposing to amend Chapter 7, Site and Area Specific Policies, Policy No. 540 and Schedule 2 of the Official Plan "The Designation Of Planned But Unbuilt Road" to change the requirement for a public road on the subject site to a private road. On February 17, 2021, Dunpar appealed its Official Plan Amendment application to the OLT. The appeal was made without revisions to the original proposal and citing Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act. This appeal was consolidated with the appeals of the applications for Zoning By-law Amendment and Draft Plan of Subdivision for the subject site at the OLT. On February 25, 2021, the applicant submitted a Right of Way Plan, prepared by Dunpar, dated February 18, 2021 for the property municipally known as 2650-2672 St. Clair Avenue West, showing a private road on the westerly portion of the subject site (Public Attachment 1). On October 8, 2021, the applicant submitted drawings in support of a further revised proposal on a with prejudice basis. Those drawings were further revised and resubmitted on or around October 19, 2021, along with the architectural plans prepared by Dunpar and dated October 14, 2021, on a with prejudice basis as a part of a formal submission to the City. The purpose of this report is to request further instructions in respect of this matter prior to the OLT hearing that is scheduled to commence on November 29, 2021.
City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential attachment 1 to motion 1 by Councillor Frances Nunziata. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to motion 1 by Councillor Frances Nunziata. 3. City Council direct that Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to motion 1 by Councillor Frances Nunziata were adopted by City Council and are now public, as follows: 1. City Council accept the settlement offer dated November 10, 2021 from Daniel Artenosi, Overland LLP in Confidential Attachment 2 to motion 1 Councillor Frances Nunziata. 2. City Council direct the City Solicitor to take all necessary action so as to give effect to these instructions. Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor remain 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. Confidential Attachment 2 to motion 1 by Councillor Frances Nunziata 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 recommendations contained in Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to the report (November 1, 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 (November 1, 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.
MM37.5withdrawn
The Eglinton-West Little Jamaica community is continuing to see an explosion of development applications with seven active developments currently underway. These projects only call for market value housing, well beyond the reach of local residents in need of an affordable place to live. The upcoming completion of the Eglinton Crosstown LRT, and the opening of the nearby Fairbank and Oakwood Stations, will result in extreme development in this area because of the new provincial transit station development policies. In March 2021, City Council passed MM30.24 which requested that City staff start the process of transforming the Shortt Street Green P parking lot (located north-west of the Dufferin St and Eglinton Avenue West intersection) into a community service hub, including an affordable housing development. Action is needed now to prioritize the Shortt Street Green P project for affordable housing under the Housing Now program. Given the unprecedented rapid pace of development that is occurring, there is an acute need to provide integrated affordable housing and community and social infrastructure for the thousands of new residents that will be moving into the area.
Motion MM37.5 was withdrawn at City Council on November 9, 10 and 12, 2021.
Staff recommendation as filed
Councillor Mike Colle, seconded by Councillor Ana Bailão, recommends that: 1. City Council request the Executive Director, Housing Secretariat to work with the Toronto Parking Authority, CreateTO, and any other City Divisions to develop an urgent plan to designate the Shortt Street Green P project as an affordable housing project under the Housing Now program; such plan to also explore the possibility of including the Canadian Legion Branch 75 Fairbank as part of this affordable housing community hub redevelopment project.
RM37.5received
Members of Council may file petitions.
City Council on November 9 and 10, 2021, received the following petitions for information: 1. Petition regarding a stoplight on Broadview Avenue, submitted by Councillor Paula Fletcher, Ward 14, Toronto-Danforth, containing the names of approximately 233 persons.
CC37.6adopted
The City Solicitor is seeking authority to approve a motion for leave to intervene in a Federal Court of Appeal case where the court will consider provisions of the Telecommunications Act relevant to telecommunications carriers' access to highways and other public places to construct, maintain and operate wireless telecommunications infrastructure.
City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council authorize the City Solicitor, with retroactive authority if required, to bring a motion seeking leave to intervene in the appeal of the Canadian Radio and Telecommunication's Review of Mobile Wireless Services, Telecom Regulatory Policy decision, CRTC 2021-130, dated April 15, 2021, at the Federal Court of Appeal, and to intervene in the appeal if granted leave by the Court.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council authorize the City Solicitor, with retroactive authority if required, to bring a motion seeking leave to intervene in the appeal of the Canadian Radio and Telecommunication's Review of Mobile Wireless Services, Telecom Regulatory Policy decision, CRTC 2021-130, dated April 15, 2021, at the Federal Court of Appeal, and to intervene in the appeal if granted leave by the Court.
MM37.6adopted
On November 25, 2020, City Council adopted By-law 1063-2020, to temporary modify zoning restrictions affecting outdoor patios respecting 67 Front Street East and 94 The Esplanade. This By-law was later repealed and replaced by By-law 202-2021, for the purposes of extending the temporary permission to April 14, 2022. The restaurant C'est What, located at 67 Front Street East, sought this temporary permission in order to convert the southern half of the surface parking lot at 94 The Esplanade (owned by the same entity as 67 Front Street East) for a temporary outdoor patio space during the COVID-19 pandemic. The owners of C'est What would like to seek minor variances to permit the patio beyond the current expiration date of April 14, 2022.
City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council declare, pursuant to Subsection 45(1.4) of the Planning Act, that an application for variances is permitted with respect to the property municipally known as 67 Front Street East and 94 The Esplanade for relief from the requirements of By-laws 438-86 and 569-2013, to amend the associated development standards only as they relate to an outdoor patio in combination with an eating establishment. 2. City Council declare that Part 1 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 67 Front Street East and 94 The Esplanade.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that: 1. City Council declare, pursuant to Subsection 45(1.4) of the Planning Act, that an application for variances is permitted with respect to the property municipally known as 67 Front Street East and 94 The Esplanade for relief from the requirements of By-laws 438-86 and 569-2013, to amend the associated development standards only as they relate to an outdoor patio in combination with an eating establishment. 2. City Council declare that Recommendation 1 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 67 Front Street East and 94 The Esplanade.
RM37.6received
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 November 9, 10 and 12, 2021. November 9, 2021 Mayor Tory addressed City Council by acknowledging the proclamation of Remembrance Week and by noting that the iconic and familiar symbol of the Poppy was brought about by the hard work of Canadian veterans and others including Madame Anna Guérin who encouraged the use of the Poppy, on behalf of the people of France, and presented the first Poppy wreath to Toronto Mayor Tommy Langton Church in 1921 at what is now called Old City Hall. Mayor Tory noted that the Royal Canadian Legion has marked 2021 as the Year of the Poppy in honour of Canadians who gave their life for their country, including almost 10,000 from Toronto alone. Mayor Tory told City Council that he was honoured to have helped unveil a new Poppy symbol on the Toronto sign, in Nathan Phillips Square, which will return for Remembrance Week observances and other military anniversaries in years to come. Mayor Tory encouraged Members of Council and all Torontonians to wear a Poppy in honour of Remembrance week and noted that the sale of Poppies helps the Royal Canadian Legion continue to provide services and support to its members. Mayor Tory encouraged Torontonians to take time to observe Remembrance Day on November 11 by attending one of the services, by visiting a cenotaph or by viewing Remembrance Day ceremonies live online. Mayor Tory acknowledged and thanked, on behalf of City Council, the contributions made by the Government of Canada, through the Veterans Affairs Commemorative Partnership program, in support of Remembrance Week ceremonies and thanked the Royal Canadian Legion for their support in the use of the Poppy symbol on the Toronto sign and on City vehicles throughout Remembrance Week. Mayor Tory called on Bruce Stewart, District Sergeant-at-Arms and District Parade Marshall, District D, Royal Canadian Legion, to address City Council. Bruce Stewart thanked Mayor Tory and encouraged Torontonians to observe Remembrance Day by attending a cenotaph or Remembrance Day service. Bruce Stewart informed City Council of a project he had been working on, the Veteran Banner Program, which will be highlighted in Coronation Park, High Park, and Colonel Sam Smith Park next year. Mr. Stewart expressed his thanks to City staff for their help and support bringing the Veteran Banner program to City parks in 2022. Speaker Nunziata thanked Mr. Stewart for his remarks and reminded City Council that in 1998 City Council made a unanimous decision to exempt the Legion from paying property tax. November 10, 2021 Councillor Thompson, during the morning session of the meeting, advised Members of Council of a phone call he received from the Chief Financial Officer of Atlantic Packaging on October 23. Councillor Thompson stated that he was told that a water main had broken the day before and that the resulting volume of water flow had been causing concern that it may be impact the Atlantic Packaging building at 111 Progress Avenue. Councillor Thompson advised that he had reached out to Lou Di Gironimo, General Manager, and Toronto Water and asked what could be done to fix the situation. Councillor Thompson said that a crew from Toronto Water was dispatched to fix the problem and thanked those involved including Bill Shea, Director, Distribution and Collection, Derek Thomas, Manager, Customer Field Services, Albert Ruvuza, Coordinator Customer Care, Magdalena Grabowski, Supervisor Customer Care, Anthony Hogarth, Water Maintenance Worker, Daniel Mensah, Water Maintenance Worker and Chad Cholmondeley, Back-hoe operator.
CC37.7amended
Sale of City-Owned Lands, 20 Castlefield Avenue and 565 Duplex Avenue, Yonge-Eglinton Area - Update
Toronto Parking Authority executed an agreement (the "Agreement") to sell the lands municipally known as 20 Castlefield Avenue and 565 Duplex Avenue (the "City Lands") to 2500 Yonge Street Limited (the "Purchaser"). The City of Toronto did not approve the sale of the City Lands as provided for in the Agreement. Confidential Attachment 1 contains information pertaining to potential litigation and contains advice that is subject to solicitor-client privilege.
City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor. 2. City Council direct that the confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, and City Council direct that the balance of Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege. 3. City Council direct that the confidential instructions to staff in Confidential Attachment 1 to the report (October 25, 2021) from the City Solicitor attached to the transmittal (November 8, 2021) from the Toronto Parking Authority Board remain confidential at the discretion of the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (October 25, 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 (November 1, 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 privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 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 (November 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. The confidential instructions to staff in Confidential Attachment 1 to the report (October 25, 2021) from the City Solicitor attached to the transmittal (November 8, 2021) from the Toronto Parking Authority Board remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (October 25, 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 (October 25, 2021) from the City Solicitor attached to the transmittal (November 8, 2021) from the Toronto Parking Authority Board remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council direct that the confidential instructions in Confidential Attachment 1 remain confidential at the discretion of the City Solicitor and the balance of the information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.
MM37.7adopted
The 26th United Nations Climate Change Conference of the Parties (COP26) will take place in Glasgow, Scotland from October 31, 2021 to November 12, 2021. The COP26 summit will convene parties from across the world to accelerate meaningful action towards the goals of the Paris Agreement and the United Nations Framework Convention on Climate Change. The four main goals of the Glasgow Conference are to: 1. Secure global net zero by mid-century and keep 1.5 degrees within reach; 2. Adapt to protect communities and natural habitats; 3. Mobilize finance; and 4. Work together to deliver. It is recognized that climate change represents a significant threat to the world and the impacts of climate change are increasing more rapidly than ever before. This reality also poses a significant threat to housing and secure communities for people across the world. Many areas lack resilience or truly secure housing and as a result are vulnerable to the impacts of climate change such as flooding, severe and extreme weather and the associated effects of unprecedented storms and climate activity. The City of Toronto has approved and is implementing some of the most significant actions to combat climate change of any municipality. TransformTO, the Net Zero Strategy and action on greenhouse gas emissions mark our considerable commitment to action. In view of Toronto's leadership on climate change action and the City's recognized profile across the world, it would be appropriate to convene an ad hoc working group to explore the merits and possibility of hosting a future United Nations Framework Convention on Climate Change in our City utilizing the United Nations Climate Change Secretariat's guide and directions for cities submitting applications. The ad hoc working group would consider the merits of potentially hosting a climate change conference in Toronto and if determined to be appropriate then identify processes with respect to submitting an application to host the United Nations Climate Change Conference of the Parties, identify individuals and partners who could participate in this process and establish a timeline for preparation of a submission and identify the year for which an application is to be submitted. This would be an excellent opportunity for the City of Toronto to demonstrate leadership in terms of progress in combatting climate change and to promote Toronto as a host City for the United Nations Framework Convention on Climate Change conference.
City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council direct the City Manager to convene an ad hoc working group which includes the Chair of the Planning and Housing Committee and the Chair of the Infrastructure and Environment Committee to explore having the City of Toronto host a future United Nations Framework Convention on Climate Change in our City. 2. City Council direct that the ad hoc working group referenced in Part 1 above, once established, would assess and identify processes and merits with respect to submitting an application to host the United Nations Climate Change Conference of the Parties, engage with representatives of the Government of Canada and identify individuals and partners who could participate in this process, establish a timeline for preparation of a submission and identify the year for which an application is to be submitted. 3. City Council direct the City Manager to provide an update on progress with respect to this direction to the Infrastructure and Environment Committee by the first quarter of 2022.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council direct the City Manager to convene an ad hoc working group which includes the Chair of the Planning and Housing Committee and the Chair of the Infrastructure and Environment Committee to explore having the City of Toronto host a future United Nations Framework Convention on Climate Change in our City. 2. City Council direct that the ad hoc working group referenced in Recommendation 1 above, once established, would assess and identify processes and merits with respect to submitting an application to host the United Nations Climate Change Conference of the Parties, engage with representatives of the Government of Canada and identify individuals and partners who could participate in this process, establish a timeline for preparation of a submission and identify the year for which an application is to be submitted. 3. City Council direct the City Manager to provide an update on progress with respect to this direction to the Infrastructure and Environment Committee by the first quarter of 2022.
RM37.7amended
City Council will review the Order Paper.
November 9, 2021: City Council adopted the November 9, 2021 Order Paper, as amended and all other Items not held on consent. November 10, 2021: City Council adopted the November 10, 2021 Order Paper, as amended. November 12, 2021: City Council adopted the November 12, 2021 Order Paper.
CC37.8adopted
Anti-Vaccination Demonstrations - Protecting Healthcare Workers
At its October 1, 2021 meeting, in consideration of MM36.5 - Protecting Healthcare Workers , City Council requested: - The Province of Ontario to create temporary safe access zones around hospitals, healthcare facilities, COVID-19 testing centres, and vaccine clinics to ensure harassment free access to the regular and critical functioning of these facilities. - The City Manager and the Toronto Police Services Board to work with Chief of Police James Ramer and the Toronto Police Service to develop a rapid response protocol for addressing harassment and intimidation of frontline healthcare workers, small business owners, and frontline retail employees by anti-vaxxer protestors. - The City Manager, in consultation with the City Solicitor, to explore the feasibility of temporary "safe zones" of 100 metres around hospitals, healthcare facilities, COVID-19 testing centres, and vaccine clinics to prevent anti-vaxxer protestors from delaying the regular and critical functioning of these facilities. This report responds to Council's requests noted above, and provides available information on current provincial and federal actions in response to anti-vaccination demonstrations and the protection of frontline workers.
City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council direct that Confidential Attachment 1 to the report (November 2, 2021) from the City Manager and the City Solicitor remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (November 2, 2021) from the City Manager and 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 Manager and the City Solicitor recommend that: 1. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.
MM37.8adopted
This Motion seeks Council authorization for the City to receive a $150,000 grant from the Trottier Family Foundation on behalf of the Toronto Atmospheric Fund. The grant is composed of $100,000 for Toronto Atmospheric Fund to deliver a building retrofit program in the Greater Toronto and Hamilton Area and $50,000 for Toronto Atmospheric Fund to provide advisory services to the Greater Montreal Climate Fund. Greater Montreal Climate Fund is a partner with Toronto Atmospheric Fund in its Low Carbon Cities Canada initiative that launched in 2020 including funding to Toronto Atmospheric Fund from the Federal Government under an agreement approved by City Council. City staff confirm that the City can receive grants from charitable foundations and transfer them directly to Toronto Atmospheric Fund. Toronto Atmospheric Fund cannot receive charitable grants directly because Toronto Atmospheric Fund is a non-share capital corporation and therefore not a qualified donee. Under the Income Tax Act, the City is a qualified donee, as a registered Canadian municipality. The City has previously accepted grants on Toronto Atmospheric Fund's behalf to fund projects that align with Toronto Atmospheric Fund's mandate to advance solutions to climate change. This matter is time-sensitive and being presented as a Member Motion to avoid unnecessary delays in receiving the $150,000 grant from the Trottier Family Foundation. Toronto Atmospheric Fund anticipates applying for and receiving additional grants from charitable organizations for its programs. As an interim measure until the end of the current Council term, this Motion also seeks City Council authorization to allow appropriate City officials to enter into agreements for future grants and to receive and transfer funds to Toronto Atmospheric Fund, following review by the City. Beyond the term of this City Council, City staff advise that they and Toronto Atmospheric Fund are reviewing and updating the Toronto Atmospheric Fund governance framework, which will be the subject of future Council reporting, and may identify and recommend methods to simplify the receipt and transfer of charitable grants in the future. Toronto Atmospheric Fund and staff in the City Manager's Office, the Office of the Controller, the Chief Financial Officer and Treasurer and Legal Services have been consulted on this Motion and recommendations. Recognition of these funds will be included in Toronto Atmospheric Fund's financial reporting to the City.
City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council authorize the City Manager or designate to negotiate and enter into an agreement with the Trottier Family Foundation for a $150,000 grant to the Toronto Atmospheric Fund for a building retrofit program with activities in the Greater Toronto and Hamilton Area and in Montreal, Quebec, on terms and conditions acceptable to the Controller and in a form satisfactory to the City Solicitor. 2. City Council authorize the Chief Financial Officer and Treasurer to receive the $150,000 from the Trottier Family Foundation and transfer the funds to the Toronto Atmospheric Fund, in accordance with the Toronto Atmospheric Fund Act, 2005. 3. City Council authorize, until the end of the current term of City Council: a. the City Manager or designate, in consultation with the Chief Financial Officer and Treasurer, to negotiate and enter into agreements with foundations or other grantmaking institutions for other grants to the Toronto Atmospheric Fund that align with its mandate and on terms and conditions acceptable to the Controller and in a form satisfactory to the City Solicitor; and b. the Chief Financial Officer and Treasurer to receive such grants and transfer the funds to the Toronto Atmospheric Fund in accordance with the Toronto Atmospheric Fund Act, 2005.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Shelley Carroll, recommends that: 1. City Council authorize the City Manager or designate to negotiate and enter into an agreement with the Trottier Family Foundation for a $150,000 grant to the Toronto Atmospheric Fund for a building retrofit program with activities in the Greater Toronto and Hamilton Area and in Montreal, Quebec, on terms and conditions acceptable to the Controller and in a form satisfactory to the City Solicitor. 2. City Council authorize the Chief Financial Officer and Treasurer to receive the $150,000 from the Trottier Family Foundation and transfer the funds to the Toronto Atmospheric Fund, in accordance with the Toronto Atmospheric Fund Act, 2005. 3. City Council authorize, until the end of the current term of City Council: a. the City Manager or designate, in consultation with the Chief Financial Officer and Treasurer, to negotiate and enter into agreements with foundations or other grantmaking institutions for other grants to the Toronto Atmospheric Fund that align with its mandate and on terms and conditions acceptable to the Controller and in a form satisfactory to the City Solicitor; and b. the Chief Financial Officer and Treasurer to receive such grants and transfer the funds to the Toronto Atmospheric Fund in accordance with the Toronto Atmospheric Fund Act, 2005.