Toronto City Council
The full agenda, as filed
All 80 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
Items 26 to 50 of 80Show 2550100all
MM38.8amended
The purpose of this Motion is to seek City Council authority to amend the terms of the lease agreement with Young People's Theatre (the "Tenant") and the City (the "Landlord") to allow the Tenant to complete the necessary Heating, Ventilation, and Air Conditioning system repair through their own hired contractor and be compensated by the City. Young People's Theatre is a charitable, not-for-profit arts organization providing professional theatre programming for children, youth and families, and one of the most respected companies in North America. They have continuously occupied the purpose-built theatre at 165 Front Street East since 1977 and steward the facility since then. Young People's Theatre has a below market rent lease with the City that was entered into in August 2010 and renewed in 2020. The Tenant has been without a fully-functioning Heating, Ventilation, and Air Conditioning system since 2019. The current terms of the lease stipulate that the Tenant is responsible for all capital improvements, including Heating, Ventilation, and Air Conditioning. However, Economic Development and Culture has traditionally supported this work as often tenants are not well positioned to do so. Due to the timing of the tender and budget process, the Heating, Ventilation, and Air Conditioning replacement may not be possible until the summer of 2022, or later, thus delaying the planned re-opening. Young People's Theatre is currently undertaking a significant renovation of the space with their own funds. The Tenant is in the unique position of having construction management and engineering expertise on hand to expedite the process, and the ability to cash flow the project in advance of reimbursement from the City. In order to facilitate the successful reopening of this important cultural facility, after a very challenging year for the arts, it is recommended that this amendment be approved so that Heating, Ventilation, and Air Conditioning replacement can occur in advance of a spring 2022 opening. Funding of $0.600 million for Young People's Theatre is part of the Economic Development and Culture's 2022-2031 Capital Budget and Plan through the 2022 process for City Council consideration.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council authorize the General Manager, Economic Development and Culture to administer and release, from Economic, Development and Culture's 2022 Capital Budget, up to $600,000 in eligible expenses to the Young People's Theatre, to fund the replacement of the heating, ventilation, and air conditioning system located in the tenant's leased premises at 165 Front Street East, using the tenant's own contractor, subject to the City's standards and specifications and in compliance with the City's Fair Wage policy and Labour Trades requirements. 2. City Council authorize the City to enter into such agreement(s) with Young People's Theatre as may be required to identify the terms upon which such funding will be provided by the City, to the satisfaction of the General Manager, Economic Development and Culture and including, if required, amendments to the lease dated December 1, 2020, between the Young People's Theatre as "Tenant," and the City of Toronto, as "Landlord", with any such lease amendments to be on terms satisfactory to the Executive Director, Corporate Real Estate Management.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Gary Crawford, recommends that: 1. City Council authorize the Executive Director, Corporate Real Estate Management, to amend the City's lease, dated December 1, 2020, between the Young People's Theatre as "tenant," and the City of Toronto, as "landlord," to permit the tenant to complete Heating, Ventilation, and Air Conditioning repairs with their own contractor and to be reimbursed by the City of Toronto through Economic, Development and Culture's 2022 Capital Budget. 2. City Council authorize the General Manager, Economic Development and Culture, to administer the release of the following payments to the Young People's Theatre for up to $600,000 in eligible expenses related to the replacement of the Tenant's entire Heating, Ventilation, and Air Conditioning system.
CC38.9amended
On October 4, 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 known as the Eglinton Square lands (1-70 Eglinton Square, 1431 and 1437 Victoria Park Avenue, 14-26 and 19-23 Engelhart Crescent, and 64-68 Harris Park Drive) Application 16 230579 ESC 35 OZ to permit a mixed use development (the "Originally Proposed Site and Area Specific Policy "). The Originally Proposed Site and Area Specific Policy maintained the existing Mixed Use Areas and Neighbourhoods designations. The Originally Proposed Site and Area Specific Policy provided for a mixed-use community to develop over time on the lands. 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. A related Rental Housing Demolition and Conversion application (File 16 230698 ESC 35 RH) under Section 111 of the City of Toronto Act, 2006 (Chapter 667 of the Municipal Code) was also submitted on October 4, 2016 to allow for the removal of 91 rental units in eight (8) existing apartment buildings, to be replaced elsewhere in the future redevelopment of the site. Review of this application is underway and a decision on this application will be deferred until such time as a decision has been made by the Ontario Land Tribunal on the Official Plan Amendment application, and a decision has been made on the Zoning By-law Amendment (17 242390 ESC 35 OZ) application for these lands. On November 10, 2017, the applicant appealed their proposed Official Plan Amendment to the OLT due to Council's failure to make a decision within the statutory timeframe. On December 16, 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 to include all of its lands, inclusive of the existing shopping mall, and excluding the lands south of Engelhart Crescent (Block E in the Originally Proposed Site and Area Specific Policy, which contains the four existing rental apartment buildings at 19-23 Engelhart Crescent and 64-68 Harris Park Drive) with a proposed density of 4.9 times the area of the lands. The Resubmission Letter was not accompanied by any supporting reports or update letters from the original application, as acknowledged in the Resubmission Letter. City Staff are not in a position to adequately review, circulate and comment on the revised proposal given the lack of a complete submission package. City staff require a complete submission package, including supporting reports, in order to adequately review and comment on the revised proposal. 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 the January 29, 2020 City Council meeting and due to COVID-19 it was subsequently deferred to the July 28 and 29 City Council meeting and then the November 25 and 26, 2020 City Council meeting. At its April 7 and 8, 2021 meeting, City Council considered a Request for Directions Report from the City Solicitor on the Official Plan Amendment. In May 2021, the Applicant revised their existing Zoning By-law Amendment application and expanded the boundaries to include the entire site. The Applicant has subsequently appealed their Zoning By-law Amendment to the Ontario Land Tribunal. The purpose of this report is to request further instructions in this matter which is the subject of an appeal to the Ontario Land Tribunal.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 14, 2021) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Gary Crawford. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 14, 2021) from the City Solicitor, Confidential Appendix A, Confidential Appendix B, Confidential Appendix C and Confidential Appendix D to the supplementary report (December 14, 2021) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Gary Crawford, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (December 14, 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 (December 6, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1, Confidential Appendix A, Confidential Appendix B, Confidential Appendix C and Confidential Appendix D to the supplementary report (December 14, 2021) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Gary Crawford, 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, Confidential Appendix A, Confidential Appendix B, Confidential Appendix C and Confidential Appendix D to the supplementary report (December 14, 2021) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Gary Crawford will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the supplementary report (December 14, 2021) from the City Solicitor remains confidential at this time in 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 supplementary report (December 14, 2021) from the City Solicitor will be made public a the discretion of the City Solicitor. Confidential Attachment 1 to the report (December 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 contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor. July 27, 2022 The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 15, 2021) from the City Solicitor, as amended by motion 1 by Councillor Gary Crawford, were adopted by City Council, and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public: 1. City Council accept the "without prejudice" settlement offer attached as Confidential Appendix A (the "Settlement Offer"), Confidential Appendix B, Confidential Appendix C and Confidential Appendix D to the supplementary Report (December 15, 2021) from the City Solicitor (together, the "Revised Proposal") for the lands municipally known as 1-70 Eglinton Square, 1431 and 1437 Victoria Park Avenue, 14, 18, 19, 22, 23 and 26 Engelhart Crescent and 64 and 68 Harris Park Drive (the "Development Site") subject to Parts 2 to 15 below and City Council direct the City Solicitor to attend at the Ontario Land Tribunal to support the Revised Proposal. 2. City Council direct the City Solicitor to request the Owner to make the following revisions to Confidential Appendix A to the supplementary report (December 15, 2021) from the City Solicitor, and if confirmation of same from the Owner is not received by December 23, 2021 to the satisfaction of the City Solicitor, the Revised Proposal and the Settlement Offer will be deemed not to be accepted by City Council: a. delete paragraph 13 of Confidential Appendix A to the supplementary report (December 15, 2021) from the City Solicitor and replace it with the following language: Our client agrees that the Housing Issues Report being provided for the Site will include a reference to improvements to the existing low-rise apartment buildings south of the O'Connor Drive realignment in accordance with Policy 3.2.1.5 of the Official Plan, secured in the Section 37 Agreement as a matter required to support the development. The improvements to the existing low-rise apartment buildings south of the O'Connor Drive realignment will be identified through the Housing Issues Report and may include landscaping improvements related to the realignment of O'Connor Drive over and above site plan requirements. The total cost of the improvements shall not exceed $100,000.00 (indexed from the date of the Section 37 Agreement) and these improvements shall be deemed to satisfy the requirement of Policy 3.2.1.5 of the Official Plan. b. delete paragraph 15 of Confidential Appendix A to the supplementary report (December 15, 2021) from the City Solicitor and replace it with the following language: Our client confirms that there is no proposed servicing through the proposed parks. Our client understands that this offer will not be made public unless and until servicing matters are addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and our client. Our client's agreement to the settlement offer described herein is conditional on the City's acceptance of our client's servicing plans and design as submitted to Engineering and Construction Services on November 11, 2021 (attached hereto for reference) and as further revised and submitted on December 13, 2021. However, it is understood that if there are any required reasonable revisions or materials, those revisions would have be agreed to by both parties and our client will work to resolve those matters prior to finalizing drafts of the implementing planning instruments; and c. delete paragraph 20(v) of Confidential Appendix A to the supplementary report (December 15, 2021) from the City Solicitor and replace it with the following language: the owner will construct and maintain the Development Site in accordance with Tier 1, Toronto Green Standards and 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 Site. Toronto Public Library 3. 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 Toronto Public Library Board's and 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 City Librarian and 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 Public Library leased facilities. Proposed Site and Area Specific Policy 4. City Council support the proposed Official Plan Amendment substantially in accordance with Confidential Appendix B to the Supplementary Report (December 15, 2021) from the City Solicitor. Parkland Dedication 5. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 2,858 square metres on Block 3 and a minimum size of 7,277 square metres on Block 4, generally as shown on Confidential Appendix C to the supplementary report (December 15, 2021) from the City Solicitor satisfying the owner's on-site Parkland dedication requirement under 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; 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 to the satisfaction the City Solicitor; and, if applicable, with any remainder being a payment in lieu in accordance with Chapter 415, Article III of the Municipal Code satisfactory to the General Manager, Parks Forestry and Recreation. 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. Community Benefits 7. 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 and Real Estate Management: a. the provision of four million dollars ($4,000,000) payable upon the Zoning By-law Amendments becoming final and binding with all appeal and request for review periods having expired, with the allocation of the funds to be determined by the Ward Councillor in consultation with the Chief Planner and Executive Director, City Planning; b. the provision of an on-site not-for-profit Child Care Centre with a minimum size of 10,000 square feet that will accommodate a minimum of 62 spaces, in accordance with the City's Child Care Development Guidelines (2021), with the location and timing of delivery satisfactory to the Chief Planner and Executive Director, City Planning and the Owner; and c. the provision of 30 affordable rental housing units, based on 100 percent Average Market Rent and an affordability period of fifteen (15) years and the provision of 55 affordable rental housing units, based on 100 percent Average Market Rent and an affordability period of thirty (30) years, both to be delivered on a proportional basis to the market housing in groups of six or more contiguous units, to the satisfaction of the Chief Planner and Executive Director, City Planning. Matters Required to Support the Development 8. City Council also direct that the following matters required to support development be secured in the Section 37 Agreement and/or the Zoning By-law Amendment, where deemed appropriate by the Chief Planner and Executive Director, City Planning and the City Solicitor: a. 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 including the matters set out in Confidential Appendix D to the supplementary report (December 15, 2021) from the City Solicitor, with any financial payments 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 the Section 37 Agreement to the date of payment; b. 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; c. the following privately owned publicly accessible open spaces, whereby as a pre-approval condition to Site Plan Approval for each respective Block or Building 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. Eglinton Avenue East privately owned publicly accessible open space north of Block 2A with a minimum size of 1,464.9 square metres and our client further agrees to integrate the design of this privately owned publicly accessible open spaces with the adjacent City-owned land; ii. Eglinton Square privately owned publicly accessible open space on Block 1 between Building 1A and 1B with a minimum size of 1,016.7 square metres; and iii. If the 23 metre north-south public street does not connect to Eglinton Square and instead connects directly to Eglinton Avenue East, the hatched area shown on the revised plans will become a privately owned publicly accessible open space. d. the provision of public access easements over the private streets to the satisfaction of the Chief Planner and Executive Director, City Planning, with the exact location, design and timing of delivery of the easement to be determined in the context of a Site Plan Approval for each private street or part of each private street within the Block; the Owner shall own, operate, maintain and repair the public 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 easement area 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; e. 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; f. 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; g. 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; h. 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, the Toronto District School Board, the 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; and i. the owner has, at its sole cost and expense, submitted a Housing Issues Report, that identifies the improvements and/or renovations to the existing low-rise apartment buildings south of the O'Connor Drive realignment in accordance with Policy 3.2.1.5 of the Official Plan, satisfactory to the Chief Planner and Executive Director, City Planning. Conditions to Ontario Land Tribunal Order 9. In the event that the Ontario Land Tribunal allows 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 proposed Official Plan Amendment and Zoning By-law Amendment is in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning and the City Solicitor; b. 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; c. the Owner has, at its sole cost and expense submitted revised servicing and transportation reports in order to implement the Settlement Offer and secured the requirement for any new, upgrades to or required improvements to municipal infrastructure to support the development in a manner satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water and the City Solicitor; d. 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 and the matters agreed to and/or required in support of the development of Development Site; and e. 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 as adopted by City Council is brought into force as it applies to the Site, subject to any authorized changes as may be required as determined by the Chief Planner and Executive Director, City Planning and the City Solicitor to implement this Settlement Offer for this Site, including, but not limited to, amending Schedule 1 to Official Plan Amendment 499 (and on associated maps of Official Plan Amendment 499) by removing the requested designation for Parks on the Site and supporting the requested Parks designation included in the proposed Official Plan Amendment for the Site. 10. City Council direct that should the approved Environmental Assessment for the component relevant to O'Connor Reconfiguration and extension require a Zoning By-law Amendment for the Site, that the Chief Planner and Executive Director, City Planning be authorized to undertake a City-initiated Zoning By-law Amendment for all, or part of the Site, as may be required, in consultation and cooperation with the owner of the Site, including the owner's support in providing any required technical reports as directed by the Chief Planner and Executive Director, City Planning. 11. City Council direct that any acceptance of this Settlement Offer be communicated to the Owner, but otherwise remain confidential until the following matters have been addressed satisfactorily to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor: a. that the Owner provide the final form of the phasing plan for the Development Site detailing the timing and provision of municipal servicing and public street infrastructure, parkland dedication for Block 3, affordable housing, and community benefits for the Development Site and 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, and the City Solicitor; b. a Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents are provided to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water; and c. a Zoning By-law Amendment is drafted in a general manner acceptable to the Chief Planner and Executive Director, City Planning, the City Solicitor and the Owner. 12. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. 13. City Council confirm that the City Solicitor has any necessary discretion with regard to the consolidation of the Official Plan Amendment and Zoning By-law Amendment appeals before the Ontario Land Tribunal. Confidential Appendices A, B, C and D to the supplementary report (December 15, 2021) from the City Solicitor 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 direct that all information contained in Confidential Attachment 1 to the report (December 6, 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.
MM38.9adopted
A liquor licence application has been submitted for Fifteen Twelve Salon, 1512 Dundas Street West, Toronto. This application is being opposed as it does not have community support for approval and is not in the community interest.
City Council on December 15, 16 and 17, 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 Fifteen Twelve Salon, 1512 Dundas Street West, Toronto (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 license 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 in 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 Frances Nunziata, 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 Fifteen Twelve Salon, 1512 Dundas Street West, Toronto (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 license 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 in 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.
CC38.10amended
1001 Ellesmere Road - Zoning Amendment Application - Further Request for Direction
Goldman Ellesmere 2 Developments Incorporated and the Goldman Group (the "Owner") applied to redevelop a former industrial site with townhouses and a 4-storey commercial building at 1001 Ellesmere Road (the "Site") in 2014. The Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications were appealed to the Ontario Land Tribunal (the "Tribunal") due to the City's lack of decision within the statutory timeframe. On March 31, 2015, City Council supported a settlement with the Owner, which was ultimately approved by the Tribunal. The Tribunal's approval re-designated a portion of the Site Mixed Use Area (Blocks 1, 2, 3), while maintaining the Employment Area designation for another portion of the Site (Block 4). As a result of the settlement, townhouses are permitted on Blocks 1, 2 and 3, whereas Block 4 is only permitted to have certain commercial uses. The settlement contemplated specific phasing of the development, and required that Block 4 be developed for commercial uses prior to residential townhouse development on Block 3. The Zoning By-law Amendments (By-law 1109-2015 (Ontario Municipal Board), and By-law 892-2016 (Ontario Municipal Board)), require phasing, which is secured and set out in greater detail in in both the Section 37 Agreement (Public Attachment A) and the Subdivision Agreement (Public Attachment B). Townhouses have been developed on Blocks 1 and 2, and the Owner has provided the City with a proposed revision to the settlement offer (Public Attachment C). The purpose of this report is to request further instructions on this revision.
City Council on December 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 Michael Thompson. 2. City Council authorize the public release of the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson and Confidential Attachment 2 to the report (December 7, 2021) from the City Solicitor. 3. City Council direct that Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson were adopted by City Council and are now public as follows: 1. City Council accept the Revised Settlement Offer dated July 13, 2021 set out in Public Attachment C to the report (December 7, 2021) from the City Solicitor, and City Council direct the City Solicitor and appropriate staff to take necessary steps to implement the amendments set out in Confidential Attachment 2 to the report (December 7, 2021) from the City Solicitor, including attending the Ontario Land Tribunal in support of the amendments as required. Confidential Attachment 2 to the report (December 7, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council). Confidential Attachment 1 to the report (December 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 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 and Confidential Attachment 2 is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM38.10adopted
A liquor licence application has been submitted for ARO College Street Market, 846 College Street, Toronto. This application is being opposed as it does not have community support for approval and is not in the community interest.
City Council on December 15, 16 and 17, 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 ARO College Street Market, 846 College Street, Toronto (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 in 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 Bailao, seconded by Councillor Frances Nunziata, recommend 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 ARO College Street Market, 846 College Street, Toronto (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 in 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.
CC38.11adopted
933 - 935 The Queensway - Zoning By-law Amendment Application - Request for Directions
The purpose of this report is to request further instructions for the potential Ontario Land Tribunal hearing into this matter currently scheduled to commence on March 7, 2022, for two weeks. The applicant appealed the proposed zoning by-law amendment for 933-935 The Queensway 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. By letter dated December 7, 2021, attached to this report as Public Attachment "1", and revised plans dated November 22, 2021, attached to this report as Public Attachment "2", counsel for the applicant made a with prejudice settlement offer to the City (the "Settlement Offer") proposing a revised development on the site (the "Revised Proposal").
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 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 (December 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 (December 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 (December 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. The Confidential instructions to staff in Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor. March 4, 2022 The confidential instructions to staff in Confidential Attachment 1 to the report (December 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 "with prejudice" settlement offer as described in Public Attachments 1 and 2 (the "Settlement Offer") to the report (December 7, 2021) from the City Solicitor and subject to Parts 2 to 7 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 Settlement Offer for the lands municipally known as 933 - 935 The Queensway. 3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendments are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor and shall provide for the following: i. a minimum of 10 percent of the dwelling units on the lands must be three-bedroom units and a minimum of 20 percent of the dwelling units on the lands must be two-bedrooms unit; ii. up to a maximum of 200 dwelling units, with any such dwelling units providing park and amenity space in accordance with the Zoning By-law; and iii. any mitigation and/or restrictions on the proposed built form to address the accepted and peer reviewed Compatibility/Mitigation Report satisfactory to the Chief Planner and Executive Director, City Planning; b. 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 subject lands to the satisfaction of the City Solicitor, securing community benefits in Part 4 below and securing the matters required to support the development outlined in Part 5 below; and c. the owner has, at its sole cost and expense: i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage 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; ii. has secured the design and provided financial securities for any upgrades or required improvements to the existing 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 and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; iii. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; iv. 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 Chapter 681; v. has secured any required noise mitigation measures identified in the submitted Noise and Vibration Impact Study, peer reviewed at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the owner shall construct and maintain any required noise mitigation measures, with such design to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning; vi. has secured any required mitigation measures identified in the submitted Compatibility/Mitigation Report, peer reviewed at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the owner shall construct and maintain any required mitigation measures, with such design to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning; and iv. submitted a detailed wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, evaluated to the satisfaction of the Chief Planner and Executive Director, City Planning, and the owner shall construct and maintain any required mitigation measures, to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning. 4. City Council authorize the City Solicitor to enter into and register on title to the lands, one or more Agreements pursuant to Section 37, at the owner's expense, to secure the following matters, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor: a. a cash contribution of one million and two hundred thousand ($1,200,000.00) dollars to be allocated towards the streetscape improvements along The Queensway through the Shop The Queensway Business Improvement Area; traffic control and street (all street designations) improvement measures; improvements to local parks and trails located in local Ward, including Queensway Park and Mimico Park Trail; and/or public art (including heritage plaques) as identified by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; b. the cash contributions referred to in Part 4.a. 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; and c. in the event the cash contributions referred to in Part 4.a. above have not been used for the determined purpose within three years of 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 the Official Plan and will benefit the community in the vicinity of the lands. 5. In the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act securing the following as matters required to support the development: a. the owner shall enter into a financially secured Development Agreement for the construction of any improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development; b. the owner will construct and maintain the development of the 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 site; c. the owner shall satisfy the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues; and d. a minimum of 10 percent of the dwelling units on the lands must be three-bedroom units and a minimum of 20 percent of the dwelling units on the lands must be two-bedrooms units. 6. City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor, to make any further reductions and/or revisions to the proposed development identified in Public Attachment 2 to the report (December 7, 2021) from the City Solicitor to address matters related to compatibility and mitigation as recommended by the peer reviewer through the accepted Compatibility/Mitigation Report all satisfactory to the Chief Planner and Executive Director, City Planning. 7. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the Report (December 7, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the Report (December 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 (December 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.
MM38.11adopted
The challenges of urban living in the City of Toronto are clear to all who call the City home. Many of these are issues which cannot be easily resolved but those that can significantly improve quality of life in our communities must be addressed. One such issue that has significantly impacted residents in my Davenport community, and communities surrounding it, is bell-ringing associated with trains operated by the Provincial transit agency, Metrolinx (GO Transit). As ward Councillor for the Davenport community, I have joined with local residents in calling on Metrolinx to mitigate the impacts on quality of life associated with the bell-ringing connected to their trains. Metrolinx had committed to a pilot project to consider alternatives but there is no indication that this initiative has actually commenced and the lack of clarity on this messaging has created confusion. For some time Metrolinx had maintained that federal railway legislation precluded them from ending or seeking alternatives to bell-ringing. Correspondence from the then federal Minister of Transport in 2019 clearly stated that this was not the case for rail lines operated by Metrolinx and therefore alternatives to bell-ringing can be safely put in place. This is just not a local community issue for residents of Davenport or nearby neighbourhoods. As well as existing provincial rail infrastructure, major rail transit projects are either underway or will soon commence. The issue of bell-ringing is impacting many communities like the Davenport community but with transit expansion planned and underway this will become an exponentially increasing issue at many stations. As a City, we must take the initiative to ensure that Metrolinx undertakes meaningful and expeditious actions that will lead to solutions both in the short and long term to the issue of loud bell-ringing from their trains.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council direct the City Manager and the Deputy City Manager, Infrastructure and Development Services to engage with the President and Chief Executive Officer of Metrolinx, and appropriate staff of the Provincial transit agency, to request and require that they develop and outline how they will cease the use of bell ringing by trains within the City of Toronto and City Council request that a relevant update report be provided to the March 24, 2022 Economic and Community Development Committee.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Frances Nunziata, recommend that: 1. City Council direct the City Manager and the Deputy City Manager, Infrastructure and Development Services to engage with the President and Chief Executive Officer of Metrolinx, and appropriate staff of the Provincial transit agency, to request and require that they develop and outline how they will cease the use of bell ringing by trains within the City of Toronto and City Council request that a relevant update report be provided to the March 24, 2022 Economic and Community Development Committee.
CC38.12amended
2 Valleyanna Drive - Zoning By-law Amendment Application - Request for Directions
The purpose of this report is to request further instructions for the Ontario Land Tribunal ("Tribunal") proceeding that is currently scheduled for a case management conference on December 17, 2021. The applicant has appealed the proposed zoning by-law amendment application for 2 Valleyanna Drive due to Council's failure to make a decision on the application within the time prescribed by the Planning Act. On July 14 and 15, 2021, City Council directed the City Solicitor, along with appropriate staff, to oppose the appeal.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Jaye Robinson. 2. City Council direct the City Solicitor to continue discussions with the applicant and area residents regarding the Zoning By-law Amendment application for 2 Valleyanna Drive. 3. City Council direct that Confidential Attachment 1 and Confidential Appendix A to the report (December 7, 2021) from the City Solicitor remain confidential in their entirety as they contain advice and information that is subject to solicitor-client privilege. 4. City Council direct that the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Jaye Robinson remain confidential in their entirety as they contain advice and information that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the report (December 7, 2021) from the City Solicitor remain confidential in their entirety 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 in the confidential attachment to motion 1 by Councillor Jaye Robinson remain confidential in their entirety as they contain advice and information that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the City Solicitor report dated December 7, 2021. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report and Confidential Appendix A, 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 remain confidential at the discretion of the City Solicitor, as it contains advice and information which is subject to solicitor-client privilege.
MM38.12adopted
The applicant applied to the Committee of Adjustment seeking permission to construct a new detached dwelling with an attached garage at 86 Foch Avenue (Application Number A0112/21EYK). In particular, the applicant seeks variances from City-wide Zoning By-law 569-2013 and Etobicoke Zoning By-law 1979-67, including variances for lot coverage, gross floor area, front yard setback, rear yard setback, window projection, basement grade, and dwelling height. On August 26, 2021, the Etobicoke York District Panel of the Committee of Adjustment refused to grant the requested variances (copy attached). The applicant has appealed the refusal to the Toronto Local Appeal Body. A hearing has been scheduled for February 14, 2022. Community Planning staff do not support the application. On August 18, 2021, Community Planning for the Etobicoke York District wrote a report to the Committee of Adjustment recommending that the minor variances be refused (copy attached). Staff recommend refusal of the minor variances because the proposed massing and scale of the dwelling would not be in keeping with the general intent and purpose of the Official Plan and the Zoning By-laws, and would not respect nor reinforce the prevailing character of the neighbourhood. Urban Forestry staff also wrote to the Committee of Adjustment on April 19, 2021 recommending refusal of the application because the proposed development would require the removal of by-law protected trees (copy attached). This Motion will authorize the City Solicitor to oppose the applicant's Toronto Local Appeal Body appeal and to secure the necessary authorization and resources to support the City's opposition to the appeal.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council direct the City Solicitor, and any other appropriate City Staff, to attend the Toronto Local Appeal Body in respect of 86 Foch Avenue to uphold the Committee of Adjustment's refusal of the Applicant's proposed development (Committee of Adjustment Application Number A0112/21EYK). 2. City Council authorize the City Solicitor to retain outside consultants as necessary.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Michael Ford, recommends that: 1. City Council direct the City Solicitor, and any other appropriate City Staff, to attend the Toronto Local Appeal Body in respect of 86 Foch Avenue to uphold the Committee of Adjustment's refusal of the Applicant's proposed development (Committee of Adjustment Application Number A0112/21EYK). 2. City Council authorize the City Solicitor to retain outside consultants as necessary.
CC38.13amended
The Port Lands Official Plan Modification (the "Port Lands OPM" or "OPM") was first endorsed by City Council in December of 2017. Several appellants of the Central Waterfront Secondary Plan ("OPA 257" or "CWSP"), including public agencies, existing industries, and private owners with development aspirations, raised issues with the Port Lands OPM. Given the large number of parties and issues, the hearing of the Port Lands issues was planned to be phased. The first phase dealt with Land Use and Transportation matters, and was resolved through negotiation and settlement discussions, resulting in Decisions and Orders of the Local Planning Appeal Tribunal in March and May of 2021, commending the City and the parties and approving the OPM in part. The remaining issues to be litigated include matters related to: Urban Design Standards & Heritage; Sustainability and Biodiversity; Infrastructure (Community and Hard Servicing) & Implementation; and Hydro-specific Issues. A six-week hearing is scheduled for May and June, 2022 to deal with any outstanding issues (the Port Lands OPM Hearing (Phase 2)). The purpose of this report is to seek instructions in respect of the Port Lands OPM Hearing (Phase 2). City Planning has been involved in the preparation of this report.
City Council on December 15, 16, and 17, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 13, 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 supplementary report (December 13, 2021) from the City Solicitor; b. Confidential Appendices A and B to the report (December 7, 2021) from the City Solicitor; and c. Confidential Appendix A to the supplementary report (December 13, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (December 13, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain information that is subject to solicitor-client and settlement privilege. The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 13, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council endorse the Toronto District School Board Proposed Modifications, as set out in Confidential Appendix A to Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor. 2. City Council endorse the TWSDI/Pinewood Settlement Proposal, including the TWSDI/Pinewood Proposed Modifications as set out in Confidential Appendix B to Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor. 3. City Council endorse the Hydro Proposed Modifications, as set out in Confidential Appendix A to Confidential Attachment 1 to the supplementary report (December 13, 2021) from the City Solicitor. 4. City Council authorize the City Solicitor and any other City staff to support the Toronto District School Board Proposed Modifications, the TWSDI/Pinewood Proposed Modifications and the Hydro Proposed Modifications (together, the "Proposed Modifications") at the Ontario Land Tribunal, Port Lands OPM Hearing (Phase 2). 5. City Council authorize the City Solicitor to execute Minutes of Settlement with TWSDI/Pinewood as required to implement Part 2 above. 6. City Council authorize the City Solicitor to make such technical and stylistic changes to the Port Lands Official Plan Modification and take such further actions, along with other City staff, as necessary to give effect to City Council's decision. Confidential Appendices A and B to the report (December 7, 2021) from the City Solicitor and Confidential Appendix A to the supplementary report (December 13, 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 (December 7, 2021) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (December 13, 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 information that is subject to solicitor-client and settlement privilege. The balance of Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (December 13, 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 contained in Confidential Attachment 1, and Confidential Appendices A and B to Confidential Attachment 1, once adopted by City Council. 3. City Council direct that the remainder of Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains information that is subject to solicitor-client and settlement privilege.
MM38.13adopted
The intent of this Motion is to approve a financial contribution in the amount of $80,000 to The Theatre Museum Corporation (operating as Theatre Museum Canada), a registered charity to develop cultural and interpretive museum space. Since 2011, the City and Theatre Museum Canada, have been working together to find cultural space appropriate for a small arts and heritage organization with the following mission: "We invite the world to explore and be inspired by the past, present and future of Canadian theatre", and vision: "Our vision is a Canada that values all shared expressions of theatre by all people as essential and enriching elements in our social fabric." Securing space for Theatre Museum Canada would help to preserve Toronto's heritage as a major theatre centre while also creating a new cultural tourism amenity for the city. Theatre Museum Canada will develop a renovation proposal, sustainable, long term funding (capital and operating) and fundraising plan for the potential space, architectural plans, and a long term programming and events plan. In order to do this in a timely fashion, the Theatre Museum requires the support of the City. Funding is required before the end of 2021 to support Theatre Museum Canada's funding applications to other orders of government, and to enable the organization to proceed with planning. The proposed support is consistent with Recommendation 18 to "preserve existing and create new, affordable spaces for culture across the City" of the "Building Back Stronger: Report of the Economic and Culture Recovery Advisory Group" adopted as amended by City Council in Item EC18.15 on December 16, 17 and 18, 2020. Theatre Museum Canada's pursuit of public cultural programming space meets the City's policies and priorities consistent with Item EC8.6 - Establishing Strategic Priorities for Culture Investment (2020 - 2024) adopted by City Council at its meeting on October 29 and 30, 2019 and supports Toronto's arts, heritage and culture community at large. Any delays in securing Council approval may result in financial hardship to Theatre Museum Canada. The proposed one-time financial contribution for Theatre Museum Canada is $80,000 and funding will be accommodated within the 2021 Approved Operating Budget for Economic Development and Culture.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council authorize the General Manager, Economic Development and Culture to contribute and transfer $80,000.00 to Theatre Museum Canada from Economic Development and Culture Division's 2021 Approved Operating Budget to support the feasibility study and pre-construction costs associated with a new space for Theatre Museum Canada, consistent with Item EC8.6 - Establishing Strategic Priorities for Culture Investment (2020 - 2024) adopted by City Council at its meeting on October 29 and 30, 2019. 2. City Council authorize the General Manager, Economic Development and Culture to negotiate, enter into and execute a funding agreement on behalf of the City with Theatre Museum Canada on such terms deemed necessary and appropriate by the Acting General Manager, Economic Development and Culture and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Kristyn Wong-Tam, recommend that: 1. City Council authorize the General Manager, Economic Development and Culture to contribute and transfer $80,000.00 to Theatre Museum Canada from Economic Development and Culture Division's 2021 Approved Operating Budget to support the feasibility study and pre-construction costs associated with a new space for Theatre Museum Canada, consistent with Item EC8.6 - Establishing Strategic Priorities for Culture Investment (2020 - 2024) adopted by City Council at its meeting on October 29 and 30, 2019. 2. City Council authorize the General Manager, Economic Development and Culture to negotiate, enter into and execute a funding agreement on behalf of the City with Theatre Museum Canada on such terms deemed necessary and appropriate by the Acting General Manager, Economic Development and Culture and in a form satisfactory to the City Solicitor.
CC38.14deferred
A Subdivision Agreement was registered on December 1, 2011 for Plan 66M-2493, between University Square (Hucknall) Limited and the City of Toronto. The subject subdivision is shown on the attached map, Attachment 1 Plan of Subdivision 66M-2493. The site has frontage on Sentinel Road and Hucknall Road. The construction of Mantello Drive and the services within the road were completed on or about July of 2013. The up-stream portion of the sanitary sewer that was constructed under Mantello Drive (the road shown in Attachment 1 which has yet to be assumed) contains a 21.9 metre length of sanitary sewer located between two manholes (MH3A and MH4A) that was not constructed according to the original accepted design and the City's design criteria applicable at the time of construction. This section of sewer in question essentially has a 1.28 percent slope rather than the 2 percent minimum slope applicable at the time of construction. All other deficiencies in the services to be assumed have been rectified to the satisfaction of Engineering & Construction Services (ECS). There is litigation concerning this matter. The purpose of this report is to request instructions from Council regarding the on-going litigation. Staff from Toronto Water have also been involved in the preparation of this report.
City Council on December 15, 16 and 17, 2021 deferred consideration of Item CC38.14 until the February 2 and 3, 2022 meeting of City Council.
Staff recommendation as filed
The City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services recommend 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 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.
MM38.14adopted
Krista Kim through Krista Kim Studio Incorporated wishes to provide a donation of $150,000 to support the City of Toronto's Museums and Heritage Services programming. These funds pending, approval from Council, would be paid to the City at the end of December 2021.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council authorize the General Manager, Economic Development and Culture to accept a donation of $0.150 million from Krista Kim Studio Incorporated in compliance with the Donations to the City of Toronto for Community Benefits Policy. 2. City Council increase the 2021 Council Approved Operating Budget for Economic Development and Culture by $0.150 million gross, $0 net, funded by the donation to be paid to Museums and Heritage Services, programming.
Staff recommendation as filed
Councillor Michael Thompson, seconded by Councillor Mark Grimes, recommend that: 1. City Council authorize the General Manager, Economic Development and Culture to accept a donation of $0.150 million from Krista Kim Studio Incorporated in compliance with the Donations to the City of Toronto for Community Benefits Policy. 2. City Council increase the 2021 Council Approved Operating Budget for Economic Development and Culture by $0.150 million gross, $0 net, funded by the donation to be paid to Museums and Heritage Services, programming.
CC38.15adopted
This report recommends that City Council state its intention to designate the property at 147 Church Street (including entrance addresses at 149 Church Street, 18 Dalhousie Street, and 20 Dalhousie Street) for its design, associative, and contextual values under Part IV, Section 29 of the Ontario Heritage Act. Constructed circa 1910 for prominent Toronto businessman and contractor Joseph Wright, the property at 147 Church Street spans the shallow block between Church and Dalhousie Streets, and includes a primary elevation on the east side of Church Street and a secondary elevation on the west side of Dalhousie Street. The property is a representative example of the Edwardian Classicism architectural style that was popular for commercial buildings in the early 20th century. The property retains its original scale, form, and massing as a 3-storey flat-roofed building, and its Edwardian Classicism style is reflected in its simple, balanced design and restrained classical detailing. On June 8, 2018, an Official Plan and Zoning By-law Amendment application was made for a site at 139-149 Church Street. The original development scheme did not propose the conservation of any portion of the building at 147 Church Street. As a result of continued discussions with the owner in an attempt to resolve outstanding issues, the revised development scheme, at the time of writing this report, involves demolition of the building at 147 Church Street, and panelization and reconstruction of its principal (west) elevation. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Ontario Heritage Act to within 90 days after the City Clerk gives notice of a complete application. The application currently under review was deemed complete prior to the new legislation coming into force on July 1, 2021. Designation will enable City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council state its intention to designate the property at 147 Church Street (including entrance addresses at 149 Church Street, 18 Dalhousie Street, and 20 Dalhousie Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 147 Church Street (Reasons for Designation) attached as Attachment 3 to the report (December 1, 2021) from the Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning recommends that: 1. City Council state its intention to designate the property at 147 Church Street (including entrance addresses at 149 Church Street, 18 Dalhousie Street, and 20 Dalhousie Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 147 Church Street (Reasons for Designation) attached as Attachment 3 to the report (December 1, 2021) from the Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.
MM38.15adopted
A liquor licence application has been submitted for Con-nois-seur, 87 Wade Avenue Unit 102B, Toronto. This application is being opposed as it does not have community support for approval and is not in the community interest.
City Council on December 15, 16 and 17, 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 Con-nois-seur, 87 Wade Avenue Unit 102B, Toronto (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 license 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 in 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 Frances Nunziata, recommend 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 Con-nois-seur, 87 Wade Avenue Unit 102B, Toronto (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 license 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 in 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.
CC38.16adopted
This report recommends that City Council state its intention to designate the listed heritage property at 545 Lake Shore Boulevard West (including active entrances at 525 and 535 Lake Shore Boulevard West and 11, 13, and 15 Bathurst Street) under Part IV, Section 29 of the Ontario Heritage Act for its design/physical, historical/ associative, and contextual values. The Crosse & Blackwell building located on the property at 545 Lake Shore Boulevard West holds heritage value as a unique example of a former industrial headquarters with Art Deco and Beaux Arts stylistic influences. The property comprises a three-and-a-half-storey brick and cast-stone building with a two-and-a-half-storey hexagonal pavilion, located on the southeast corner of Lake Shore Boulevard West and Bathurst Street. Constructed in 1927 as an office and manufacturing plant for Crosse & Blackwell, a longstanding producer of British foodstuffs, was one of the first buildings constructed on reclaimed land at the west end of Toronto harbour as part of the Toronto Harbour Commission's waterfront industrial development plan. The building's design by notable architects Chapman and Oxley demonstrates a unique application of Art Deco and Beaux Arts stylistic influences to an industrial headquarters. Listed on the City's inaugural heritage register by City Council on June 20, 1973, the Crosse & Blackwell Building located on the property at 545 Lake Shore Boulevard West was amongst the earliest properties recognized by the City for its heritage value. The property also represents an early example of adaptive reuse; after the building was listed on the municipal heritage register and acquired by the Harbourfront Corporation in 1973, it was successfully reused as a media centre associated with CFMT-TV and OMNI-TV from 1979 to 2009. In 2018, a Zoning By-law Amendment application (File 18 241642 STE 20 OZ) was submitted to the City to permit a 12 storey and a 22-storey mixed-use building, containing primarily residential uses with some ground floor retail uses on the south portion of the site. The Crosse and Blackwell building is proposed to be conserved and used primarily for office uses with the potential for retail uses at grade level. A courtyard open space is proposed centrally located on the site between the Crosse and Blackwell building and the new portion of the development. In September 2021, the City received an application for Site Plan Approval related to the proposed redevelopment of the site at 545 Lake Shore Boulevard West, which would retain the existing structure. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act (OHA). The Bill 108 Amendments to the OHA came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the OHA now restricts City Council's ability to give notice of its intention to designate a property under the OHA to within 90 days after the City Clerk gives notice of a complete application. The designation of this property is not subject to Section 29 (1.2) since it is an application for Site Plan Approval. A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council state its intention to designate the property at 545 Lake Shore Boulevard West (including active entrances at 525 and 535 Lake Shore Boulevard West and 11, 13, and 15 Bathurst Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 545 Lake Shore Boulevard West (Reasons for Designation) attached as Attachment 3 to the report (December 1, 2021) from the Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning recommends that: 1. City Council state its intention to designate the property at 545 Lake Shore Boulevard West (including active entrances at 525 and 535 Lake Shore Boulevard West and 11, 13, and 15 Bathurst Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 545 Lake Shore Boulevard West (Reasons for Designation) attached as Attachment 3 to the report (December 1, 2021) from the Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.
MM38.16adopted
Each applicant applied to the Committee of Adjustment (Applications A0680/21TEY and A0913/21TEY) (the "Applications") seeking permission to construct parking pads in the front yards of the existing detached dwellings on adjacent properties and to modify the front yard landscaping. More specifically, each of the Applications request similar variances from the front yard soft landscaping requirements set out in Zoning By-law 569-2013 and the prohibition on front yard parking spaces. City Planning provided reports to the Committee of Adjustment dated October 13, 2021 recommending refusal of each of the Applications (copies attached). At its hearing on October 20, 2021, the Committee of Adjustment refused both of the Applications (the "Decisions"). The Notices of Decision are attached. The applicants appealed the Decisions on November 5, 2021. This Motion will authorize the City Solicitor to seek party status in the appeal of the Decisions and to attend the Toronto Local Appeal Body with appropriate City Staff or outside consultants, in order to oppose the minor variances requested in the Applications. This Motion will also give the City Solicitor authority to negotiate a settlement of the appeal and retain outside consultants as necessary.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council authorize and direct the City Solicitor to seek party status in the appeal of the Committee of Adjustment's refusals of Applications A0913/21TEY and A0680/21TEY for 324 and 324A High Park Avenue, and to attend the Toronto Local Appeal Body hearing(s), with appropriate City staff, in opposition to the proposal. 2. City Council authorize the City Solicitor to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeals and, if a resolution is reached, to settle the appeals at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Mike Layton, recommend that: 1. City Council authorize and direct the City Solicitor to seek party status in the appeal of the Committee of Adjustment's refusals of Applications A0913/21TEY and A0680/21TEY for 324 and 324A High Park Avenue, and to attend the Toronto Local Appeal Body hearing(s), with appropriate City staff, in opposition to the proposal. 2. City Council authorize the City Solicitor to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeals and, if a resolution is reached, to settle the appeals at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
CC38.17adopted
This report recommends that City Council state its intention to amend the former Borough of York By-Law 2970-78, and in so doing, update the Statement of Significance designating the property at 64 King Street under Part IV of the Ontario Heritage Act, to reflect the 2021 amendments to the Act and Ontario Regulation 9/06 of the Act, the provincial criteria prescribed for municipal designation. The property was designated in 1978 by the Council of the former Borough of York. The Reasons for Designation does not include a statement of the cultural heritage value or a description of heritage attributes of the property. On October 1, 2021, City Council directed the Chief Planner and Executive Director, City Planning to review the statement of significance for the Tyrrell House at 64 King Street, and to report on the recommendations to amend the designation By-law 2970-78 to update the cultural heritage values and attributes in accordance with the 2021 amendments to the Act, for City Council consideration by December 15, 2021. The property at 64 King Street is located at the northeast corner of Rosemount Avenue and King Street. Known as the "Tyrrell House," it contains the original main dwelling fronting King Street and the original two-storey rear wing fronting Rosemount Avenue. The property was designed by and built for William Tyrrell, a successful politician in York Township and the Village of Weston and an architect, carpenter, and builder, as his grand estate in 1859. The subject property is amongst one of the first and largest properties constructed in the historic Village of Weston east of the railway tracks. The Tyrrell family continued to own the property until c.1920. Staff have completed the Research and Evaluation Report for the property at 64 King Street and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design and physical, historical and associative, and contextual value. As such, the property is a significant built heritage resource. The property at 64 King Street is considered a local landmark as it contributes to a sense of place within the Weston neighbourhood and is valued by the local community as a significant part of the area's history and present-day context. A Consent Application was submitted by the owner on May 5, 2021 to obtain consent to sever the designated property into two residential lots. Two Minor Variance applications were also submitted on May 5, 2021 to maintain the existing historic detached dwelling and to construct a new detached dwelling with an attached garage. The Committee of Adjustment Etobicoke York has scheduled a public hearing on November 16, 2021. A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council state its intention to propose an amendment to City of Toronto By-Law 2970-78, designating the property at 64 King Street under Part IV, Section 29 of the Ontario Heritage Act, to update and revise the Statement of Significance: 64 King Street (Reasons for Designation) attached as Attachment 3 to the report (December 1, 2021) from the Chief Planner and Executive Director, City Planning. 2. City Council provide notice of the proposed amendment to By-Law 2970-78 to the owner of the designated property in accordance with sections 30.1(3) and 30.1(4) of the Ontario Heritage Act. 3. If there are no objections to the amendment of the by-law in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the necessary Bill in City Council to amend By-Law 2970-78.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning recommends that: 1. City Council state its intention to propose an amendment to City of Toronto By-Law 2970-78, designating the property at 64 King Street under Part IV, Section 29 of the Ontario Heritage Act, to update and revise the Statement of Significance: 64 King Street (Reasons for Designation) attached as Attachment 3 to the report (December 1, 2021) from the Chief Planner and Executive Director, City Planning. 2. City Council provide notice of the proposed amendment to By-Law 2970-78 to the owner of the designated property in accordance with sections 30.1(3) and 30.1(4) of the Ontario Heritage Act. 3. If there are no objections to the amendment of the by-law in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the necessary bill in Council to amend By-Law 2970-78.
MM38.17adopted
This Motion will permit the City Solicitor and staff to amend the Subdivision Agreement in order to take the road widening in advance of the Notice of Approval Conditions.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council direct the City Solicitor and appropriate City staff to amend the Subdivision Agreement registered on title to the lands identified as Block 3 and Block 6 on Plan 66M2496 at 980 Lansdowne Avenue to require the owner to convey to the City a road widening for the purpose of providing sufficient space to accommodate a left-turn lane from Brandon Avenue to Lansdowne Avenue. 2. City Council authorize the City Solicitor and any other City staff to take such actions or require any conditions as necessary to give effect to the conveyance in Part 1 above.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Frances Nunziata, recommend that: 1. City Council direct the City Solicitor and appropriate City staff to amend the Subdivision Agreement registered on title to the lands identified as Block 3 and Block 6 on Plan 66M2496 at 980 Lansdowne Avenue to require the owner to convey to the City a road widening for the purpose of providing sufficient space to accommodate a left-turn lane from Brandon Avenue to Lansdowne Avenue. 2. City Council authorize the City Solicitor and any other City staff to take such actions or require any conditions as necessary to give effect to the conveyance in Part 1 above.
CC38.18adopted
Appointment of Public Members to the Committee of Adjustment
At its meeting on December 2, 2021, the Nominating Panel - Committee of Adjustment considered Item NA10.1 - Agenda Item History - 2021.NA10.1 (toronto.ca) and made recommendations to City Council regarding candidates for appointment to the Committee of Adjustment.
City Council on December 15, 16, and 17, 2021, adopted the following: 1. City Council appoint the following two public members, one each to the North York and Scarborough panels of the Committee of Adjustment, for a term of office ending November 14, 2022, and until successors are appointed: Natasha Manning - North York Panel Igor Samardzic - Scarborough Panel 2. City Council direct that Confidential Attachments 1 to 6 to the report (November 16, 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 Committee of Adjustment. Confidential Attachments 1 to 6 to the report (November 16, 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 Committee of Adjustment.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Nominating Panel - Committee of Adjustment The Nominating Panel - Committee of Adjustment recommends that: 1. City Council appoint the following two public members, one each to the North York and Scarborough panels of the Committee of Adjustment, for a term of office ending November 14, 2022, and until successors are appointed: Natasha Manning - North York Panel Igor Samardzic - Scarborough Panel 2. City Council direct that Confidential Attachments 1 to 6 to the report (November 16, 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 Committee of Adjustment. Candidates' biographies Natasha Manning Natasha Manning is a lawyer licensed with the Law Society of Ontario. She received her Juris Doctor (J.D.) degree from Osgoode Hall Law School, and holds an Honours Bachelor of Social Science (SCocSC) with a Double Major in Public Administration and Criminology from the University of Ottawa. She has practiced Administrative Law for over seven years and currently specializes in Immigration Law at a Nonprofit Organization in Toronto. Throughout her career Natasha has appeared as a lawyer before numerous administrative tribunals. She has worked in the private sector, for the Federal Government, and for non-profit organizations. Throughout Natasha's legal career she has worked in some of Toronto's most underprivileged neighborhoods serving diverse and often vulnerable clients. Igor Samardzic Igor Samardzic has a Master of Science in Urban Planning from the University of Toronto. Igor holds a B.A. from the University of Toronto. He has over 10 years of experience in community organizing and advocacy work. He is a strong advocate for people with disabilities and believes that they are in integral part of community building. He believes all residents should have the opportunity to engage with the city and planning process.
MM38.18adopted
The Federal government announced phase one the Rapid Housing Initiative in September 2020, which included an allocation of $203 million under the Major Cities stream to the City of Toronto to create a minimum of 540 new affordable and supportive homes. The City of Toronto has used this funding to acquire properties and convert them into permanent affordable housing, as well as to develop new modular housing for people experiencing homelessness as an urgent response to the ongoing COVID-19 pandemic. The acquisition, conversion and construction of these properties will be completed throughout 2021 and into early 2022. On October 27, 28 and 30, 2020, City Council adopted Item MM25.32 authorizing, among other things, the Executive Director, Housing Secretariat, in consultation with the General Manager, Shelter, Support and Housing Administration, to issue a Request for Proposals and to select non-profit housing providers to operate the affordable and supportive housing units to be developed under phase one of Rapid Housing Initiative. A Request for Proposals for Indigenous housing providers to operate the Rapid Housing Initiative phase one sites at 222 Spadina Avenue and 292-296 Parliament Street was issued by the City of Toronto on November 9, 2021 and will close on December 17, 2021. To ensure that the sites can be ready for occupancy in early 2022, this Motion recommends that the Executive Director, Housing Secretariat be authorized to undertake a non-competitive process, in collaboration with the Toronto Alliance to End Homelessness and Miziwe Biik Development Corporation, to identify qualified operators in the event that no successful proponent is identified through the Request for Proposals process. This non-competitive process, should it be used, would help ensure that the sites can be opened upon completion of construction to move people experiencing homelessness into permanent affordable homes with appropriate supports, thereby relieving pressure from the City's shelter system.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council authorize the Executive Director, Housing Secretariat to work with the Toronto Alliance to End Homelessness and Miziwe Biik Development Corporation to engage the non-profit sector and select suitable operators to lease and operate the new Federally-funded affordable rental housing being created at 222 Spadina Avenue and 292-296 Parliament Street through a non-competitive process for an initial five-year term, with an option to extend the term for up to 5 additional years, (prioritizing those with extensive supportive housing management experience), and subsequently conduct a competitive process to select operators for longer term leasing and operation of the properties, in the event that no successful proponent(s) are identified through the open Request for Proposals. 2. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the Executive Director, Housing Secretariat, to negotiate, approve and execute, on behalf of the City, nominal rent leases or below market rent leases and related agreements with each of the non-profit housing operators that may be selected through the process referred to in Part 1 above for up to five (5) years, with an option to extend the term for up to 5 additional years, on such terms and conditions acceptable to the Executive Director, Corporate Real Estate Management, in consultation with the Executive Director, Housing Secretariat, and in a form satisfactory to the City Solicitor. 3. City Council authorize the Executive Director, Housing Secretariat to negotiate and execute on behalf of the City, municipal housing facility agreements (the City's "Contribution Agreement") with the non-profit housing providers that may be selected through the processes referred to in Part 1 above, to secure the financial assistance being provided and to set out the terms of the operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form approved by the City Solicitor.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommend that: 1. City Council authorize the Executive Director, Housing Secretariat to work with the Toronto Alliance to End Homelessness and Miziwe Biik Development Corporation to engage the non-profit sector and select suitable operators to lease and operate the new Federally-funded affordable rental housing being created at 222 Spadina Avenue and 292-296 Parliament Street through a non-competitive process for an initial five-year term, with an option to extend the term for up to 5 additional years, (prioritizing those with extensive supportive housing management experience), and subsequently conduct a competitive process to select operators for longer term leasing and operation of the properties, in the event that no successful proponent(s) are identified through the open Request for Proposals. 2. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the Executive Director, Housing Secretariat, to negotiate, approve and execute, on behalf of the City, nominal rent leases or below market rent leases and related agreements with each of the non-profit housing operators that may be selected through the process referred to in Part 1 above for up to five (5) years, with an option to extend the term for up to 5 additional years, on such terms and conditions acceptable to the Executive Director, Corporate Real Estate Management, in consultation with the Executive Director, Housing Secretariat, and in a form satisfactory to the City Solicitor. 3. City Council authorize the Executive Director, Housing Secretariat to negotiate and execute on behalf of the City, municipal housing facility agreements (the City's "Contribution Agreement") with the non-profit housing providers that may be selected through the processes referred to in Part 1 above, to secure the financial assistance being provided and to set out the terms of the operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form approved by the City Solicitor.
CC38.19adopted
Property Acquisition for New TTC Bus Garage and Additional Operational Uses
The purpose of this report is to obtain City Council approval for the City to move forward on the strategic acquisition of a suitable industrial property (the "Property") for the future site of a new Toronto Transit Commission ("T.T.C.") garage and maintenance facility (the "10th Garage"). The Property is ideally situated and can offer interim T.T.C. uses until such time that a garage on the Property is constructed. Given the parcel size, additional long-term T.T.C. uses could be incorporated during the Property's redevelopment process. The description of the Property, its suitability and terms and conditions of the acquisition are described in Confidential Attachment 1 to this report. The Property is considered to be a strategic acquisition that aligns with the T.T.C. Capital Investment Plan 2021-2035, it's Real Estate Investment Plan, CreateTO's Industrial Portfolio Strategy, and the Council-adopted Strategic Acquisition Policy under City-Wide Real Estate model. On December 8, 2021, the Toronto Transit Commission Board approved recommendations concerning this strategic acquisition and is available for City Council review as an attachment to this City report.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council authorize the Deputy City Manager, Corporate Services, to negotiate and execute a Letter of Intent, agreement of purchase and sale and any additional or ancillary agreements required for the acquisition of the Property identified in Confidential Attachment 1 to the report (December 8, 2021) from the City Manager and the Executive Director, Corporate Real Estate Management, substantially on the terms and conditions outlined in Confidential Attachment 1 to the report (December 8, 2021) from the City Manager and the Executive Director, Corporate Real Estate Management, and on such other additional or amended terms and conditions as may be acceptable to the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor. 2. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 8, 2021) from the City Manager and the Executive Director, Corporate Real Estate Management, and the Toronto Transit Commission Board Transmittal - Confidential Attachment 1 and City Council direct that they remain confidential at this time as they pertain to a proposed or pending acquisition of land. 3. City Council authorize the public release of Confidential Attachment 1 to the report (December 8, 2021) from the City Manager and the Executive Director, Corporate Real Estate Management, and the Toronto Transit Commission Board Transmittal - Confidential Attachment 1 following the closing of any purchase transaction and any other related ancillary agreements. 4. City Council forward the Item and Confidential Attachment 1 to the report (December 8, 2021) from the City Manager and the Executive Director, Corporate Real Estate Management, and the Toronto Transit Commission Board Transmittal - Confidential Attachment 1 to the CreateTO Board for their information. Confidential Attachment 1 to the report (December 8, 2021) from the City Manager and the Executive Director, Corporate Real Estate Management, and the Toronto Transit Commission Board Transmittal - Confidential Attachment 1 remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to a proposed or pending acquisition of land. Confidential Attachment 1 to the report (December 8, 2021) from the City Manager and the Executive Director, Corporate Real Estate Management, and the Toronto Transit Commission Board Transmittal - Confidential Attachment 1 will be made public following the closing of any purchase transaction and any other related ancillary agreements.
Staff recommendation as filed
The City Manager and the Executive Director, Corporate Real Estate Management recommend: 1. City Council authorize the Deputy City Manager, Corporate Services, to negotiate and execute a Letter of Intent, agreement of purchase and sale and any additional or ancillary agreements required for the acquisition of the Property identified in Confidential Attachment 1 of this report, substantially on the terms and conditions outlined in Confidential Attachment 1 of this report, and on such other additional or amended terms and conditions as may be acceptable to the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor. 2. City Council adopt the confidential instructions to staff in Confidential Attachment 1 of this report, and Toronto Transit Commission Board Transmittal - Confidential Attachment 1 and that the information remain confidential at this time as it pertains to a proposed or pending acquisition of land. 3. City Council authorize the public release of Confidential Attachment 1 of this report and Toronto Transit Commission Board Transmittal - Confidential Attachment 1 following the closing of any purchase transaction and any other related ancillary agreements. 4. City Council forward this report, City of Toronto Confidential Attachment 1, City of Toronto Attachment 2 - Toronto Transit Commission Board Transmittal, and Toronto Transit Commission Board Transmittal - Confidential Attachment 1, be forwarded to the CreateTO Board for their information.
MM38.19adopted
The newly established Toronto Seniors Housing Corporation represents an important step forward in the implementation of the City's Tenants First project and the Toronto Seniors Strategy, and the objective of improving support of vulnerable seniors in social housing. As the Toronto Seniors Housing Corporation is in a developmental phase, it is critically important that the corporation is aligned and collaborating with the City as it prepares to assume operations of approximately 14,000 seniors-designated social housing units. Toronto Seniors Housing Corporation currently has a Transitional Lead and Chief Corporate Officer and the corporation has initiated a search for its first Chief Executive Officer. Under the shareholder direction the core mandate of Toronto Seniors Housing Corporation includes supporting aging in place through the delivery of the Council-approved Integrated Service Model. The reporting to City Council on the selection of Toronto Seniors Housing Corporation's first Chief Executive Officer will facilitate the alignment of City and Toronto Seniors Housing Corporation decisions during this phase and going forward. Toronto Seniors Housing Corporation is a corporation created under the Business Corporations Act (Ontario), and City of Toronto is its sole shareholder. Section 5(g) of the Council-approved shareholder direction to the Corporation authorizes the Board of Directors to appoint its Chief Executive Officer and section 11.2 requires the board to adopt a Senior Executive compensation policy that is consistent with the City's Guiding Principles in the Development of Senior Executive Compensation Policies for City agencies and corporations. In addition to the shareholder direction, City Council acting as shareholder has the authority to direct the corporation to take certain actions.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council, as Shareholder, direct the Board of Directors of the Toronto Seniors Housing Corporation to report to City Council on the decision of the Board appointing the first Chief Executive Officer of the Corporation and on its Senior Executive Compensation Policy.
Staff recommendation as filed
Councillor Paul Ainslie, seconded by Councillor Paula Fletcher, recommend that: 1. City Council, as Shareholder, direct the Board of Directors of the Toronto Seniors Housing Corporation to report to City Council on the decision of the Board appointing the first Chief Executive Officer of the Corporation and on its Senior Executive Compensation Policy.
MM38.20adopted
In a Motion from November, Council approved a look at updating the Guiding Principles document, with respect to how we manage traffic around construction sites, including the implementation of greater safety measures for cyclists during construction activity ( http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2021.MM36.18 ). Council should look to augment this report back, due for the first quarter of 2022, to specifically include examples of best-practices regarding the implementation of new temporary bike lanes or cycling detours when a bike lane or other existing bicycle infrastructure is disrupted by longer-term construction projects and the feasibility of making these practices a permanent policy within Transportation Services. We must ensure the safety of our most vulnerable road users firstly when planning traffic diversions and enforcing our by-laws to ensure that developers and contractors are not putting any road user in harm's way.
City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council request the General Manager, Transportation Services to report back on best practices and policies for the safe accommodation of bicycles through or around work zones, including evaluating the potential for a "mobility squad" as used in Montreal, and make any recommendations for enhancements to the City's Guiding Principles for Cycling Safety in Work Zones and/or implementation of new policies.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that: 1. City Council request the General Manager, Transportation Services to report back on best practices and policies for the safe accommodation of bicycles through or around work zones, including evaluating the potential for a "mobility squad" as used in Montreal, and make any recommendations for enhancements to the City's Guiding Principles for Cycling Safety in Work Zones and/or implementation of new policies.
MM38.21deferred
Arts and culture make up the fabric of every major city, and it is integral to tourism, hospitality and the well being of life in our downtown. The arts have been a critical piece to the collective well-being of residents, and it will be essential in the recovery of the downtown and the City of Toronto. Over the past two years, we have seen many businesses shutter permanently, and have seen many arts organizations lose their venues and spaces to operate and rehearse. Most recent examples are Rehearsal Factory, a substantial building dedicated to rehearsal for live music; Sterling Lofts, an intimate artistic hub, and now several artisans from the Distillery District. Not only is the loss of these arts organizations a detriment to arts and culture in Toronto, but further perpetuates empty storefronts and lost businesses to our streets. If the City of Toronto is serious in its recovery, we cannot afford to forget about an investment in arts and culture, especially for the two-spirited, lesbian, gay, bisexual, trans, and queer (2SLGBTQ) and Black, Indigenous, and People of Color (BIPOC) communities. If we wish to remain a hub for the creative industry, we have to find creative and supportive solutions to sustain the future of arts and culture or we risk losing our innovators, creators, storytellers and performers forever. It cannot wait.
City Council on December 15, 16 and 17, 2021, deferred consideration of Motion MM38.21 to the February 2 and 3, 2022 meeting of City Council.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that: 1. City Council direct the General Manager, Economic Development and Culture, in consultation with the Toronto Arts Council, to consider the feasibility of a grant which supports the promotion and preservation of independent live performance venues and art spaces in Toronto and to report back through the 2022 budget process, including but not limited to: a. a new grant stream pilot, to be administered by Toronto Arts Council; b. add-on to existing grant structures to direct operational funding toward obtaining, or maintaining a venue; c. scalable options for a variety of venue sizes, operational costs, and d. estimated additional funding required to implement the recommended program. 2. City Council direct the General Manager, Economic Development and Culture, in consultation with Strategic Communications, to provide recommendations on outreach and educational campaigns promoting existing programs at the federal, provincial and municipal programs to support cultural recovery. 3. City Council direct the General Manager, Economic Development and Culture to report on recommendations for granting reform for all municipal cultural granting programs to better advance Equity-deserving groups and new organizations by July 2022. 4. City Council direct the General Manager, Economic Development and Culture to develop comprehensive plans and policy recommendations that will sustain the arts and culture sector, including the possibility of working with for-profit organizations, structured partnerships, Business Improvements Areas, and CreateTO to develop smart, long-term policies for operations of City-owned cultural spaces, and to report back to City Council by July 2022. 5. City Council direct the City Manager, in consultation with the Chief Financial Officer and Treasurer, to recommend a cost estimate for interim financial supports for arts and culture spaces through the 2022 budget process, and to consider a segregated fund to assist with the replacement of existing cultural space for artists and venue operators lost through the impacts of the COVID-19 pandemic and consistent with Part 18 of the Building Back Stronger Report adopted by Council December 7, 2020. 6. City Council direct the General Manager, Economic Development and Culture, in consultation with the City Solicitor, the Executive Director, Corporate Real Estate Management, to determine recommendations for alternative location for the displaced arts organizations and vendors in the Distillery, including a review of the City's portfolio of available spaces in the Distillery District and the local community and opportunities to fill vacant storefronts and report to City Council on outcomes in 2022. 7. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Economic Development and Culture, to prioritize efforts to secure new affordable and permanent space for arts and culture uses through new development applications in the Distillery District and the local community. 8. City Council direct the General Manager, Economic Development and Culture, in consultation with the Executive Director, Corporate Real Estate Management and the local Business Improvement Area, to explore the feasibility of providing pop-up storefronts and other accessible spaces from across the City for both non-profit and for-profit arts businesses and to report back to City Council in the first quarter of 2022.