Toronto City Council
The full agenda, as filed
All 63 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
Items 1 to 50 of 63Show 2550100all
BL39.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills.
City Council on February 2 and 3, 2022, enacted By-laws 43-2022 to 104-2022.
CC39.1adopted
Report on Councillor Mark Grimes’ actions relating to Adamson Barbecue
In December 2020, the Integrity Commissioner received a complaint that Councillor Mark Grimes had breached the Code of Conduct for Members of Council (the "Code of Conduct") by interfering with the City's response to Adamson Barbecue operating from November 24 to 26, 2020. The complaint alleged that Councillor Grimes' statements to the media about the City's response show he was improperly directing how officials were managing this situation. There were grounds to investigate whether Articles XII (Conduct Respecting Staff) and XIV (Discreditable Conduct) had been broken. Having investigated, the Integrity Commissioner found there was no evidence Councillor Grimes broke the Code of Conduct. A third allegation, that Article VIII (Improper Use of Influence) was broken, was dismissed without investigation as the complaint provided no grounds alleging that any personal benefit was obtained.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council receive the report (January 26, 2022) from the Integrity Commissioner for information.
Staff recommendation as filed
The Integrity Commissioner recommends that: 1. City Council receive this report for information.
DM39.1adopted
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 February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services remain confidential, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor were adopted by City Council. The following confidential instruction to staff has been made public, the City Solicitor having exercised the City Solicitor's discretion to make it public, as follows: 2. As part of the settlement, City Council assume the municipal road and services, in accordance with the terms of the Subdivision Agreement for Plan 66M-2493, registered on December 1, 2011 between University Square (Hucknall) Limited and the City in the following manner: a. City Council authorize the City to assume the services installed within Mantello Drive and that the City formally assume the road within the Registered Plan of Subdivision 66M-2493; b. City Council authorize the Director, Engineering Review to release the performance guarantee held with respect to the municipal services in accordance with the Subdivision Agreement; c. City Council direct that an assumption By-law be prepared to assume the public highway and municipal services within the Registered Subdivision Plan 66M-2493; d. City Council authorize and direct the City Solicitor to register the assumption By-law in the Land Registry Office, at the expense of the Owner; e. City Council authorize the appropriate City Officials to take the necessary action to give effect to City Council's decision; and f. City Council authorize the appropriate City Officials to transfer ownership of the street lighting system constructed with Registered Plan of Subdivision 66M-2493 to Toronto Hydro. The balance of Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor 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.
IA39.1received
Regarding Toronto Paramedic Services
Councillor Kristyn Wong-Tam has submitted the following Administrative Inquiry: I am submitting this Administrative Inquiry under Municipal Code S27-61 to seek information about service standards and staffing levels at Toronto Paramedic Services. I have been advised by members of the Toronto Paramedic Services who wished to remain anonymous as they have not been empowered to speak up publicly about their working conditions and their concerns about understaffing levels affecting response times for service calls. The paramedics state that their expressed concerns about staff shortage pre-existed the pandemic and that COVID-19 has only made matters worse. They maintain that years of chronic understaffing have left the City of Toronto unable to adequately cope with the service demands especially during call surges. On Saturday January 8, 2022, the paramedic union tweeted a #CodeRed stating that "No units available in the city at 18:38 hours tonight." In following media interviews, City spokespersons shifted the responsibility to province and explained that hospitals were taking longer to off-load the patient in transferring care from the paramedics to the emergency rooms. At this critical point, it is important that City Council understand the status of Toronto Paramedic Services and the extent to which deferred hiring, early retirement or departures, salaries, health and mental health, workload and staff morale are affecting our ability to effectively and efficiently serve and protect the health of Torontonians. Specifically, I am respectfully requesting the following information: 1. How many 911 calls have had a response time of 30 minutes to 59 minutes min. from time of first key stroke by call takers to crew arriving on scene with a transport vehicle in 2021 and 2018? 2. How many 911 calls have had a response time of 1 hour to 1 hour and 59 minutes min. from time of first key stroke by call takers to crew arriving on scene with a transport vehicle in 2021 and 2018? 3. How many 911 calls have had a response time of 2 hours to 2 hours and 59 minutes min. from time of first key stroke by call takers to crew arriving on with a transport vehicle scene in 2021 and 2018? 4. How many 911 calls have had a response time of 3 hours to 5 hours and 59 minutes min. from time of first key stroke by call takers to crew arriving with a transport vehicle on scene in 2021 and 2018? 5. How many 911 calls have had a response time of 6 hours to 7 hours and 59 minutes min. from time of first key stroke by call takers to crew with a transport vehicle arriving on scene in 2021 and 2018? 6. How many 911 calls have had a response time of 8 hours to 11 hours and 59 minutes min. from time of first key stroke by call takers to crew with a transport vehicle arriving on scene in 2021 and 2018? 7. How many 911 calls have had a response time of 12 hours or greater from time of first key stroke by call takers to crew with a transport vehicle arriving on scene in 2021 and 2018? 8. In 2018, 2019, 2020, and 2021 for each year what were the numbers of part-time staff and full-time employees that resigned? 9. In 2021, until the date of this submission what were the number of calls that were referred from Toronto Paramedic Services to Toronto Fire that in the end resulted in a required response from Toronto Paramedics? 10. In 2019, 2020, and 2021 what were the number of Alpha and Courtesy Code 2 priority calls that resulted in a CTAS 1 return by Toronto Paramedics? 11. In 2019, 2020, and 2021 what were the number of Bravo priority calls that resulted in a CTAS 1 return by Toronto Paramedics? 12. How many exit interviews were conducted with resigning or retiring staff vs number that resigned or retired in 2018, 2019, 2020 and 2021? 13. How does the pay of Toronto Paramedic Services compare to that of neighboring services such as Durham? 14. What was the average number of shifts worked by part-time paramedics in a 6-week cycle in 2021? 15. What specifically is Toronto Paramedic Services doing to retain staff and improve morale? 16. How has the growth of Toronto Fire Services compared to the growth of Toronto Paramedic Services in regards to new stations, additional apparatus, and number of crews being staffed? 17. Has the growth of Toronto Paramedic Services kept in pace with the growth of the city's population? 18. What are the benefits and goals of the part-time paramedic program? 19. How many calls were serviced by a neighboring paramedic service within city of Toronto boundaries in 2021 and 2018? 20. Was there an increase in paramedic calls relating to opioid use in 2021 vs 2018? 21. How many part time paramedics are currently employed with Toronto Paramedic Services? 22. How many full-time paramedics are currently employed with Toronto Paramedic Services? 23. How do those numbers compare to pre-pandemic years (2018/2019)? 24. Has the number of paramedics on WSIB/LTD increased in this time span as well? 25. At the time of this request, how many paramedics are deemed fit to work, not including community paramedics, paramedics in the staff support centre or in roles where they will not be responding to 911 calls? 26. What is the estimated timeline for when the staffing gaps in Toronto Paramedic Services and all other divisions will be fulfilled, the proportionate costs to implement, and an explanation of why it was not achieved sooner and/or whether it can be achieved in 2022?
City Council on February 2 and 3, 2022, received Administrative Inquiry IA39.1 from Councillor Kristyn Wong-Tam, Ward 13, Toronto Centre, regarding the Toronto Paramedic Services and Answer IA39.1a from the City Manager for information.
MM39.1adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 847 Jane Street, Pizza Pizza Restaurant No.40 ("Premises"). The application is for an indoor area only. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that this application for a liquor licence is not in the public interest.
City Council on February 2 and 3, 2022, 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 847 Jane Street operating under the name Pizza Pizza Restaurant is not in the public interest, and that the Registrar should issue a Proposal to Refuse the liquor licence application. 2. City Council request the Licensing Appeal Tribunal to provide the City of Toronto with an opportunity to participate in 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 City Council direct the City Solicitor to take all necessary actions 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 Frances Nunziata, seconded by Councillor Paula Fletcher, 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 847 Jane Street operating under the name Pizza Pizza Restaurant is not in the public interest, and that the Registrar should issue a Proposal to Refuse the liquor licence application. 2. City Council request the Licensing Appeal Tribunal to provide the City of Toronto with an opportunity to participate in 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 City Council direct the City Solicitor to take all necessary actions 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.
RM39.1adopted
- O Canada - Moment of Silence
CALL TO ORDER: 9:33 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. February 2, 2022 Members of Council observed a moment of silence and remembered: The discovery of burial sites at St. Joseph's Mission Residential School Archbishop Emeritus Desmond Tutu Fred Arsenault Sheila Cary-Meagher Samuel Cass Salvatore Cerullo Lili Dicker-Palmer Jack Dominico Michael Goldrick Marvin Gord Ian Greenberg Jon Harstone James Douglas (Jim) Hunter Joan King Katalin Klein Concetto Merlino Anica Mihevc Eberhard "Eb" Zeidler Speaker Nunziata acknowledged that City Council was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. Speaker Nunziata also acknowledged that Toronto is covered by Treaty 13 signed with the Mississaugas of the Credit. Speaker Nunziata advised Council of the following: For the benefit of those who are connected to the internet, the City Clerk has posted all of the agenda materials for today's meeting at toronto.ca/council. Members, although Civic Buildings, including City Hall are currently closed to the public, I want to emphasize that today's Council meeting is being conducted publicly and is being streamed live on YouTube. I want to welcome the public who are watching our meeting this morning. February 3, 2022 Members of Council observed a moment of silence and remembered: Bessie Stallworthy
CC39.2amended
G. Gagliano Properties Ltd./Benton Property Corp. has an appeal to Official Plan Amendment 231 ("OPA 231") at the Ontario Land Tribunal ("OLT") regarding their property municipally known as 1235-1255 Lawrence Avenue West and 3-23 Benton Road (the "Lands"). City Council adopted OPA 231 in 2013 following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding employment lands. OPA 231 re-designates part of the Lands as General Employment Areas and the remainder as Core Employment Areas. The 2014 appeal sought the Mixed Use Areas designation on all or part of the Lands. The City Solicitor requires further directions.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor. 3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 4. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor. 5. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (January 25, 2022) from the City Solicitor remain confidential as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations and they contain advice or communications that are subject to solicitor-client privilege. 6. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor and the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council refuse the December 9, 2021 without prejudice settlement offer from G. Gagliano Properties Ltd./Benton Property Corp. to settle site specific Appeal No. 92 (regarding 1235-1255 Lawrence Avenue West and 3-23 Benton Road) to Official Plan Amendment 231 as set out in Confidential Attachment 2 to the report (January 25, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor and necessary staff to enter into further settlement discussions with the Appellant to consider an introduction of some residential uses on the north part of the Lands as part of the settlement of the appeal, provided that a comprehensive land use approach, including public engagement, can be applied to the south east quadrant of Lawrence Avenue West and Keele Street (approximately 10 hectares) to ensure that employment GFA can be secured on the Lands along with other necessary complete community components. 3. In order to implement the direction set out in Part 2 above, City Council direct City staff, upon receipt of a complete Zoning Amendment application from the Appellant to expedite review of the application and bring forward a report at the earliest opportunity. 4. City Council authorize the City Solicitor to take all necessary steps to bring resolution to the matter in accordance with Part 2 above, in consultation with the Chief Planner and Executive Director City Planning. The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (January 25, 2022) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations and they contain advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions with 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 (January 31, 2022) 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 instructions to staff in Confidential Attachment 1. 2. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of the recommendations contained in the Confidential Attachment 1, with the remainder of Confidential Attachment 1 and Confidential Attachment 2 to remain confidential.
DM39.2amended
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 February 2 and 3, 2022, adopted the following: 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 or as soon as possible, including but not limited to: a. a new grant stream pilot, to be administered by Economic Development and Culture; b. add-on to existing grant structures to direct operational funding toward obtaining, or maintaining a venue; c. supporting scalable options for a variety of venue sizes, operational costs, and the creation of opportunities in all parts of the City; 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 and access to creative space. 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, mitigate funding cuts or precarious funding arrangements, ensure fair geographic and per capita distribution, advance local access opportunities, 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 2023 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 City Council on 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 across the City 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.
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.
MM39.2adopted
This Motion seeks Council approval of an interim amendment to the Toronto Atmospheric Fund's Statement of Investment Objectives and Principles. Toronto Atmospheric Fund funds its climate action mandate through proceeds from the investment of its endowment and with external funding such as grants from charitable foundations or governments. Toronto Atmospheric Fund's endowment is made up of the City's initial $23 million in funding, $17 million from the Province of Ontario and $40 million from the federal government and now totals approximately $100 million. The Statement of Investment Objectives and Principles guides the investment of Toronto Atmospheric Fund funds to ensure prudent and efficient investment management, capital preservation and financial well-being. The City and Toronto Atmospheric Fund are currently considering updates to the Statement of Investment Objectives and Principles, the City-Toronto Atmospheric Fund Relationship Framework and the Toronto Atmospheric Fund By-law to reflect the growth of Toronto Atmospheric Fund's endowment and the evolution of its capacity and activities. Amendments to these governance documents must be approved by City Council following recommendation from the Toronto Atmospheric Fund Board. At its July 9, 2021 meeting, the Toronto Atmospheric Fund Board adopted amendments to the Statement of Investment Objectives and Principles and requested Council's approval via the Chief Financial Officer and Treasurer (TA13.4). The Chief Financial Officer and Treasurer is expected to report to Executive Committee and Council in 2022 on the amended Statement of Investment Objectives and Principles. This Motion asks City Council to approve interim amendments to specific sections of the current Statement of Investment Objectives and Principles that were adopted by the Toronto Atmospheric Fund Board in July, which the Toronto Atmospheric Fund feels are time-sensitive and cannot wait until the full Statement of Investment Objectives and Principles is reviewed and brought to City Council. The requested Statement of Investment Objectives and Principles change would introduce an "alternative investments" class of assets into Toronto Atmospheric Fund's asset mix to replace and expand the current "private (pooled) equities" asset class, with a corresponding asset mix range and constraints. I am presenting this as an urgent matter via a Members Motion at the request of the Toronto Atmospheric Fund Board and its Investment Committee to address anticipated risks associated with in the equity market and inflationary impact and a lack of options to protect Toronto Atmospheric Fund fund during this uncertain time. The Chief Financial Officer and Treasurer has been consulted on this Motion. Under the Toronto Atmospheric Fund Act, the Chief Financial Officer and Treasurer's role is one of oversight of financial processes, while the Toronto Atmospheric Fund Board is responsible for making decisions regarding the management of the Toronto Atmospheric Fund and its investments, and is accountable for those decisions. Given that that the Toronto Atmospheric Fund is asking City Council to approve Statement of Investment Objectives and Principles amendments without the benefit of the Chief Financial Officer and Treasurer's report and recommendation, the Toronto Atmospheric Fund is willing to provide the Chief Financial Officer and Treasurer with appropriate written assurances that the Toronto Atmospheric Fund investment activities undertaken pursuant to this Motion will not introduce any new risk for the City until such time at the Chief Financial Officer and Treasurer reports to City Council on the Statement of Investment Objectives and Principles and related amendments to the Toronto Atmospheric Fund Relationship Framework and Bylaw are also brought to City Council.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council approve the following amendments to the Toronto Atmospheric Fund's current Statement of Investment Objectives and Principles, as adopted by the Board of Directors of the Toronto Atmospheric Fund at its meeting of July 9, 2021: a. in Section 5.2, replace the term "Private Pooled Equity" in the desired asset mix with the term "Alternative Investments" and assign an allocation range of 0 percent to 15 percent with a portfolio target of 10 percent; b. in Section 6.5, change the title from "Private Pooled Equity" to "Alternative Investments" and replace the current content with the following text: Alternative investments are financial assets that do not fall into conventional investment categories such as stocks, bonds, and cash. Alternative investment assets, due to their complex nature, tend to be held by more sophisticated investors such as institutional investors or other accredited investors. Alternative investments are usually less liquid and may involve strategies such as the use of margin, leverage, derivatives, and other techniques, can be used to improve the risk-adjusted performance of the overall portfolio. Examples of these kinds of investments are private (pooled) equity or venture capital funds, hedge funds, managed futures, and commodities. Real estate is also often classified as an alternative investment. Toronto Atmospheric Fund will continue to invest in third party managed private market investment funds which help in addressing climate change and air quality issues and avoid exposure to companies whose share value and/or viability may be at risk from climate change. These Alternative investments are intended to provide diversification benefits for the overall portfolio along with solutions to manage certain risks (for example, interest rate risk, inflation risk).; and  c. insert a new Section 7 entitled "Constraints and Prohibitions" that includes the following text: 7.1. Toronto Atmospheric Fund may invest in Financial Derivatives only under certain conditions, and for risk management purposes, namely:  a. Derivatives may not be used to create a net leveraged position for the portfolios, introduce uncovered positions, or to create exposures to investments that would otherwise be prohibited by this Policy.   b. The portfolios may directly or indirectly (for example through pooled funds) utilize derivatives only to: i. create an Asset Mix position within the ranges and among the asset classes set out in this Policy; ii. adjust the duration of the fixed income portfolio; iii. replicate the investment performance of a recognized capital market index; iv. increate the portfolio current revenue by selling covered calls; v. manage the currency exposure of a portfolio, or vi. reduce risk as part of a hedging strategy. c. When investing in pooled funds, the pooled fund offering documents/investment policy will apply and the Investment Manager for any pooled fund must provide notification to Toronto Atmospheric Fund regarding any revisions to the fund's policies. 7.2 Prohibited Investments a. Toronto Atmospheric Fund may not invest in companies for the purpose of managing them unless approved by Council. b. Toronto Atmospheric Fund will not actively purchase securities on margin or making short sales. c. Toronto Atmospheric Fund will not invest in funds and make investments that are inconsistent with Toronto Atmospheric Fund's mandate.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Shelley Carroll, recommends that: 1. City Council approve the following amendments to the Toronto Atmospheric Fund's current Statement of Investment Objectives and Principles, as adopted by the Board of Directors of the Toronto Atmospheric Fund at its meeting of July 9, 2021: a. in Section 5.2, replace the term "Private Pooled Equity" in the desired asset mix with the term "Alternative Investments" and assign an allocation range of 0 percent to 15 percent with a portfolio target of 10 percent; b. in Section 6.5, change the title from "Private Pooled Equity" to "Alternative Investments" and replace the current content with the following text: Alternative investments are financial assets that do not fall into conventional investment categories such as stocks, bonds, and cash. Alternative investment assets, due to their complex nature, tend to be held by more sophisticated investors such as institutional investors or other accredited investors. Alternative investments are usually less liquid and may involve strategies such as the use of margin, leverage, derivatives, and other techniques, can be used to improve the risk-adjusted performance of the overall portfolio. Examples of these kinds of investments are private (pooled) equity or venture capital funds, hedge funds, managed futures, and commodities. Real estate is also often classified as an alternative investment. Toronto Atmospheric Fund will continue to invest in third party managed private market investment funds which help in addressing climate change and air quality issues and avoid exposure to companies whose share value and/or viability may be at risk from climate change. These Alternative investments are intended to provide diversification benefits for the overall portfolio along with solutions to manage certain risks (i.e. interest rate risk, inflation risk).; and  c. insert a new Section 7 entitled "Constraints and Prohibitions" that includes the following text: 7.1 Toronto Atmospheric Fund may invest in Financial Derivatives only under certain conditions, and for risk management purposes, namely:  a. Derivatives may not be used to create a net leveraged position for the portfolios, introduce uncovered positions, or to create exposures to investments that would otherwise be prohibited by this Policy.   b. The portfolios may directly or indirectly (e.g. through pooled funds) utilize derivatives only to: i. Create an Asset Mix position within the ranges and among the asset classes set out in this Policy; ii. Adjust the duration of the fixed income portfolio; iii. Replicate the investment performance of a recognized capital market index; iv. Increate the portfolio current revenue by selling covered calls; v. Manage the currency exposure of a portfolio, or vi. Reduce risk as part of a hedging strategy. c. When investing in pooled funds, the pooled fund offering documents / investment policy will apply and the Investment Manager for any pooled fund must provide notification to Toronto Atmospheric Fund regarding any revisions to the fund's policies. 7.2 Prohibited Investments a. Toronto Atmospheric Fund may not invest in companies for the purpose of managing them unless approved by Council. b. Toronto Atmospheric Fund will not actively purchase securities on margin or making short sales. c. Toronto Atmospheric Fund will not invest in funds and make investments that are inconsistent with Toronto Atmospheric Fund's mandate.
RM39.2adopted
City Council will confirm the Minutes from the regular meeting held on December 15, 16 and 17, 2021.
City Council confirmed the Minutes of Council from the regular meeting on December 15, 16 and 17, 2021.
CC39.3amended
240 Markland Drive - Zoning By-law Amendment Application - Request for Direction
The purpose of this report is to seek further instruction in relation to a development application that was referred to the Ontario Land Tribunal (OLT). At its meetings of June 28-29, 2018 and July 16-18, 2019, City Council considered earlier rezoning submissions for the site, ultimately granting the City Solicitor authority to negotiate revisions to reach a settlement on specified terms. Further changes to the plans were made and a settlement was reached. The Tribunal heard a settlement hearing on September 17, 2019, and issued a decision approving the development on March 26, 2020. The final Order was withheld pending the satisfaction of a number of pre-approval conditions. In mid-2020 a new owner of the site provided City Planning and the City Solicitor with a revised settlement offer and resubmission of the rezoning application proposing a reconfigured built form, an increase in the number of units, but no increase to the proposed density. The offer is the result of extensive discussion with City staff. Further detail regarding revisions to the previous settlement offer is provided below.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor, as amended by motion 1 by Councillor Stephen Holyday. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor, as amended by motion 1 by Councillor Stephen Holyday. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor, as amended by motion 1 by Councillor Stephen Holyday, were adopted by City Council and are now public as follows: 1. City Council authorize the City Solicitor to attend the Ontario Land Tribunal in support of a revised settlement offer and resubmission of revised materials related to 240 Markland Drive on terms set out in a letter dated January 22, 2022 from Sherman Brown Barristers and Solicitors attached as Public Appendix A to the report (January 25, 2022) from the City Solicitor, and substantially in the form of Architectural Drawings prepared by IBI Group, dated January 17, 2022 attached as Public Appendix B to the report (January 25, 2022) from the City Solicitor. 2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order on the Zoning By-law Amendment appeal until such time as: a. the owner enters into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, such Agreement to be registered on title to the lands at 240 Markland Drive, in a manner satisfactory to the City Solicitor to secure the following community benefits at the owners expense: i. a cash contribution of $185,000 to be paid to the City prior to the issuance of the first above-grade building permits, to be used towards local park improvements; ii. the above noted cash contribution referred to in Part 2.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment; and iii. in the event the cash contribution referred to in Part 2.a.i. above has not been used for the intended purpose within three (3) years of the 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands; b. the owner enters into an Agreement pursuant to Section 37 to secure as a legal convenience, the following matters to be addressed prior to the issuance of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the appropriate Civic Officials and the Ward Councillor: i. as a condition of site plan approval and prior to the issuance of any permits for this development, the owner shall prepare a Construction Management Plan with the City of Toronto and to the satisfaction of the Director, Community Planning, along with the Chief Engineer and Executive Director, Engineering and Construction Services; ii. prior to final Site Plan Approval, the owner shall provide a Construction Mitigation Strategy which includes a communication strategy for adjacent property owners and the neighbourhood association and an interim parking plan for existing tenants and tradespeople during the construction period, and a Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and thereafter the owner shall implement such strategies and plans; and iii. prior to final Site Plan Approval, the owner shall provide a Construction Management Plan, in consultation with the Ward Councillor, which addresses construction vehicle routing, temporary parking and communications with neighbouring stakeholders, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning and thereafter the owner shall implement such strategies and plans; c. the owner enters into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, such Agreement to be registered on title to the lands at 240 Markland Drive, in a manner satisfactory to the City Solicitor to secure the following matters, facilities, amenities and building improvements for the existing residential rental units, with no pass-through of costs to the existing tenants all at the owners expense to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor: i. the owner shall provide and maintain the 113 existing residential rental units at 240 Markland Drive as rental housing for a period of at least 20 years, from the date of the Zoning By-Law coming into full force and effect and with no applications for demolition or conversion from residential rental use made during such 20 year period, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; ii. the owner shall provide a dog run for the use of residents of the site as well as the surrounding community, to be located adjacent to the entrance of the existing building fronting Markland Drive, and this space shall be designed and furnished to the satisfaction of the Chief Planner and Executive Director, City Planning, up to a maximum cost of $30,000; iii. improvements to the outdoor amenity space for use by the residents of the existing building and the new buildings on an equal basis in the form of: a. a children's play area, which shall be designed and furnished to the satisfaction of the Chief Planner and Executive Director, City Planning, up to a maximum cost of $40,000; b. at least 15 benches up to a maximum cost of $22,000; and c. at least 85 bicycle parking spaces/racks for tenants of the existing building, of which 77 will be long-term bicycle parking spaces located beneath the underpass of the existing building and 8 will be short-term bicycle parking spaces located close to the main entrance of the existing building; and iv. improvements to the existing laundry room facilities in the form of two new dryers; d. the final form and content of the draft Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; e. the City Solicitor confirms the execution and registration of a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning to secure community benefits pursuant to Section 37 of the Planning Act; such Section 37 Agreement will include a further agreement to provide for the shared access of and maintenance and easements with respect to the shared driveway, underground parking/bike parking, walkway, loading areas, servicing areas or any other commonly accessed areas as illustrated on any approved drawing between the new development and the existing 10-storey rental apartment building to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; f. the owner shall address all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application as set out in their memo dated August 10, 2021 or as may be updated in response to further submission(s) filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; g. the owner has submitted a Revised Transportation Impact Study and Parking Study, to the satisfaction of the General Manager, Transportation Services to demonstrate whether the existing road network can support the proposed development, whether road improvements of the existing municipal infrastructure are required and the provision of acceptable parking for the development; and h. any improvements required to City services or facilities required to support the development as identified in revised engineering submissions from the owner or the Revised Transportation Impact Study and Parking Study shall be secured in a financially secured agreement, with the owner to construct such improvements at no cost to the City. 3. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of the Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the Confidential Recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the Confidential Recommendations in Confidential Attachment 1 if adopted by City Council, with the balance of the Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor as it contains advice which is subject to solicitor-client privilege.
DM39.3referred
City Council adopted Item EX27.11 Summary of COVID-19 Property Tax Deferral Program at its meeting on November 9, 10 and 12, 2021. The COVID-19 Property Tax Deferral Program was adopted by Council to provide financial support to residents and businesses that faced loss of income and revenues due to the provincial shutdown during the first wave of the pandemic. Property owners that applied and were approved for the program were eligible to defer property tax payments for the 2020 taxation year and the City would waive all interest and fees provided that the City received full payment of all taxes due on or before November 30, 2020. Certain eligible properties that were unable to meet this repayment deadline are still facing many of the same financial pressures that they were last year when this program was implemented due to lock downs throughout the first half of 2021 and capacity limits that continue to be in place for some businesses. Most recently, the Province has paused the lifting of capacity limits in higher-risk settings including food and drink establishments with dance facilities such as night clubs and wedding receptions, strip clubs, sex clubs and bathhouses. It is for these residents and businesses that I ask Council to consider extending the payment due date to June 30, 2021 through a by-law amendment to provide the financial relief originally sought in applying for this program. Staff have advised that 46 out of the 50 properties that did not meet the original repayment due date would benefit from extending the due date to June 30, 2021 as they have since paid their 2020 property taxes in full. Amounts waived would be applied as credits to the property tax account. The total amount of fees, interest and penalties that the City would be waiving as a result of this motion are summarized below. Amounts to be waived will be funded from the 2021 Non-Program Tax Deficiency account, with no impact on current or future year budgets. Account Type Number of Accounts Total Penalty, Fees and Interest added as of November 30, 2020 Residential 35 $3,857 Non-Residential 11 $12,456 Grand Total 46 $16,313 City Council on December 15, 16 and 17, 2021 re-opened Item EX27.11 only as it pertains to the repayment date for eligible properties.
City Council, on February 2 and 3, 2022, referred Item DM39.3 to the Budget Committee to be considered as part of the City's 2022 Budget Process, and requested the Chief Financial Officer and Treasurer to: a. conduct an analysis of the Item; and b. advise on any recommendations to: i. retroactively change the eligibility and/or repayment requirements of the 2020 property tax deferral program; and/or ii. waive the approved property tax deferral program provisions for individual businesses.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Josh Matlow, recommends that: 1. City Council amend the City of Toronto Municipal Code Chapter 767, Taxation, Property Tax, to change the repayment due date for eligible properties approved for the 2020 COVID-19 Property Tax Payment Deferral Program from November 30, 2020 to June 30, 2021 by deleting the following Section 767-7G (2)(a): (a) the taxes on the eligible property are not paid in full on or before November 30, 2020; or and replacing it with the following new Section 767-7G (2)(a): (a) the taxes on the eligible property for the 2020 taxation year are not paid in full on or before June 30, 2021; or 2. City Council authorize the introduction of the necessary Bills in Council to give effect to City Council's decision.
MM39.3adopted
The purpose of this Motion is to authorize the City to accept conveyance of the parkland dedication associated with the Toronto Community Housing Corporation revitalization project at 1555-1575 Queen Street East prior to environmental investigation and remediation of the parkland. The Official Plan and Zoning Amendment, Part Lot Control, and Rental Housing Demolition and Conversion Applications (the "Development Applications") for the proposed development were approved by City Council on July 28, 2020. City Council's decision may be found at this link: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2020.TE16.5 Pursuant to Section 42 of the Planning Act and in accordance with City Council's approval of the development, Toronto Community Housing Corporation is required to dedicate 675.32 square metres of land located at 2 Phin Avenue for parkland purposes (the "Parkland Dedication"). The Parkland Dedication is adjacent to an existing City owned and operated park called Phin Park. The Parkland Dedication lands were previously owned by the City from 1950 until it was transferred to the Province of Ontario in 1971, and then transferred to Toronto Community Housing Corporation in 2002. In its decision on the Development Applications, City Council adopted Part 28 of Item 2020.TE16.5 directing the Chief Financial Officer and Treasurer, in consultation with the Deputy City Manager, Community and Social Services, to include in the 2021 Capital Plan, submission of funds to cover any costs related to the impact of the conveyance, remediation and landscape improvement costs for the transfer of parkland at 2 Phin Avenue from Toronto Community Housing Corporation. In light of City Council's adoption of Part 28 of Item 2020.TE16.5, it would be more efficient and cost-effective from an operational perspective for the City to conduct its own environmental investigation and any necessary remediation. For this reason, this Motion seeks to exempt the Parkland Dedication from the "Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act" and will permit the City to accept the conveyance of the Parkland Dedication prior to environmental investigation and any remediation.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council exempt the conveyance of the off-site parkland dedication at 2 Phin Avenue associated with the proposed Toronto Community Housing Corporation revitalization project at 1555-1575 Queen Street East from the applicable provisions of the City policy entitled "Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act" and City Council authorize the City to accept the conveyance of the parkland dedication prior to environmental investigation and remediation of the parkland. 2. City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Executive Director, Corporate Real Estate Management, to conduct environmental investigation and remediation (if necessary) and to make the parkland available to the public only after such investigation and remediation is complete. 3. City Council authorize the City Solicitor to amend the Section 37 Agreement registered on title to 1555-1575 Queen Street East to implement City Council's decision on this matter to the satisfaction of the General Manager, Parks Forestry and Recreation and the City Solicitor.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council exempt the conveyance of the off-site parkland dedication at 2 Phin Avenue associated with the proposed Toronto Community Housing Corporation revitalization project at 1555-1575 Queen Street East from the applicable provisions of the City policy entitled "Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act" and City Council authorize the City to accept the conveyance of the parkland dedication prior to environmental investigation and remediation of the parkland. 2. City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Executive Director, Corporate Real Estate Management, to conduct environmental investigation and remediation (if necessary) and to make the parkland available to the public only after such investigation and remediation is complete. 3. City Council authorize the City Solicitor to amend the Section 37 Agreement registered on title to 1555-1575 Queen Street East to implement City Council's decision on this matter to the satisfaction of the General Manager, Parks Forestry and Recreation and the City Solicitor.
RM39.3adopted
Introduction of Committee Reports and New Business from City Officials
Other Deferred Matter: Item DM39.1 Item DM39.2 Item DM39.3 Report of the Executive Committee from Meeting 29 on January 26, 2022 Submitted by Mayor John Tory, Chair Report of the Economic and Community Development Committee from Meeting 27 on January 21, 2022 Submitted by Councillor Michael Thompson, Chair Report of the General Government and Licensing Committee from Meeting 28 on January 14, 2022 Submitted by Councillor Paul Ainslie, Chair Report of the Infrastructure and Environment Committee from Meeting 27 on January 11, 2022 Submitted by Councillor Jennifer McKelvie, Chair Report of the Planning and Housing Committee from Meeting 30 on January 12, 2022 Submitted by Councillor Ana Bailão, Chair Report of the Etobicoke York Community Council from Meeting 29 on January 5, 2022 Submitted by Councillor Mark Grimes, Chair Report of the North York Community Council from Meeting 29 on January 6, 2022 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 29 on January 10, 2022 Submitted by Councillor Jennifer McKelvie, Chair Report of the Toronto and East York Community Council from Meeting 30 on January 6, 2022 Submitted by Councillor Gord Perks, Chair New Business submitted by City Officials
Committee Reports and New Business were presented to City Council for consideration.
CC39.4adopted
At its meeting on September 30, October 1 and 2, 2015, City Council adopted the recommendations in the Final Report (August 28, 2015) from the Director, Community Planning, Scarborough District approving an Official Plan Amendment and Zoning By-law Amendments for a development located at 411 Victoria Park Avenue and 2510 and 2530 Gerrard Street East. As part of this development approval, City Council enacted By-law 985-2015, Official Plan Amendment 324 (OPA 324), a City initiated Official Plan Amendment to add the former road allowance located on the property at 2480 to 2490 Gerrard Street East to Schedule 2, The Designation of Planned But Unbuilt Roads, in the City's Official Plan. OPA 324 was appealed to the former Ontario Municipal Board (OMB) along with the site specific Official Plan Amendment and Zoning By-law Amendment applications. The site specific appeals were approved by the OMB on a settlement, but the OPA 324 appeal is still ongoing, and a five-day hearing has been scheduled at the Ontario Land Tribunal (OLT) commencing on March 14, 2022. On January 18, 2022, the lone appellant, the owner of 2480 to 2490 Gerrard Street East, submitted a with prejudice settlement offer to the City. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting on February 2, 2022.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer and authorize the City Solicitor and appropriate City Staff to attend at the Ontario Land Tribunal to advise that City Council supports a modified Official Plan Amendment 324 attached as Public Appendix 2 to the report (January 25, 2022) from the City Solicitor. The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendation in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendation is adopted by City Council, then City Council authorize the public release of the recommendation contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege).
MM39.4adopted
This Motion seeks an exemption to the City of Toronto Municipal Code Chapter 743, Use of Streets and Sidewalks, for the installation of a public art work as part of streetscape improvements in the Ossington Business Improvement Area. An exemption is requested to allow the rebar and helical piles and depth of footings for the artwork proposed within the public right of way to exceed the allotted 1.2 metres. Engineer Stamped plans have been provided to depict the structural components of the art pieces and confirm the rebar and helical piles are necessary for the structural stability of the artwork. The artwork includes two pieces consisting of an arch that was designed by Forest and Field Landscape Architecture and an art panel that was created by Indigenous Artist Philip Cote. The arch will be 4 metres in length, setback 3.4 metres from the curb on Foxley Street. It will be constructed with curved steel with rounded edges and sand-blasted to ensure a smooth finish. It will be painted in yellow (underside) and orange (topside). The art panel which is located behind the arch, and parallel with the building face and is setback 1 metre from the building. It will be constructed of three (3), 10 millimetres thick steel panels to be painted orange on all sides to match the arch with its centre to be hand-painted by the artist. An epoxy clear coat sealant will be applied over the finished artwork. The Ossington Business Improvement Area has been working in partnership with the City, through the Business Improvement Area Office to construct two new public spaces that include public art, landscaping, and seating on the side street flankages including south-west side of Foxley Avenue and on the north-west side of Argyle Street in the Ossington Business Improvement Area. This project implements the Business Improvement Area's vision to create new public spaces that are truly special and offer a sense of and celebration of history and heritage. The Business Improvement Area will create a variety of destinations to promote economic growth and stability, branding, sustainability, and slower vehicular traffic. The Right-of-Way/Construction permit application includes the engineer-stamped drawings that show public art as two pieces - an arch that was designed by Forest and Field Landscape Architecture and an art panel that was created by Indigenous Artist Philip Cote. The arch has been engineered-designed as a structure, including snow loads and live loads considerations. The arch will have deep grade-beam footing composed of the re-enforced concrete which will be further supported by 5 angled helical piles, with a depth of 5.0 metres below the concrete grade-beam to a depth of 6.5 metres. The reinforced concrete grade-beam is 1.2 metres deep and set 0.3 metres below finished grade to allow for a consistent pavement surface for a total depth of about 1.5 metres below grade. This could be raised to 1.2 metres, but the top of the grade-beam would be exposed to create tripping hazards around the anchors, and it is preferred that the area be flush at grade for safety purposes. The footings below reflect the potential forces applied above to maintain its structural integrity. Philip Cote's art panel, called 'the Thunderbird,' is a simple vertical assembly of three sheets of steel on a base plate that is surface mounted into a reinforced curb that is flush with the adjacent sidewalk. The reinforced concrete curb sits about 0.45 metres below grade. The Business Improvement Area will maintain the new public spaces, including the Arch and the Art Panel as part of the improvements.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council approve an exemption to the City of Toronto Municipal Code Chapter 743, Use of Streets and Sidewalks, for the installation of public artwork as part of streetscape improvements in the Ossington Business Improvement Area to allow rebar and helical screw piles present, and depth of footings for the artwork proposed within the public right of way to exceed the allotted 1.2 metres.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Mike Layton, recommends that: 1. City Council approve an exemption to the City of Toronto Municipal Code Chapter 743, Use of Streets and Sidewalks, for the installation of public artwork as part of streetscape improvements in the Ossington Business Improvement Area to allow rebar and helical screw piles present, and depth of footings for the artwork proposed within the public right of way to exceed the allotted 1.2 metres.
RM39.4received
Members of Council will declare interests under the Municipal Conflict of Interest Act.
Members of Council declared interests under the Municipal Conflict of Interest Act.
CC39.5amended
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 OPM appeals 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 for their work and approving the OPM in part. The remaining issues to be litigated include matters related to: Urban Design Standards & Heritage; Sustainability and Biodiversity; and Infrastructure (Community and Hard Servicing) & Implementation. 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 further 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 February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2022) 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 (January 31, 2022) from the City Solicitor; b. Confidential Appendix A to the report (January 25, 2022) from the City Solicitor; and c. Confidential Appendix A to the supplementary report (January 31, 2022) from the City Solicitor. 3. City Council direct that Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) 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 (January 31, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council endorse the Manulife and Sprackman (Polson Quay) Proposed Modifications, as set out in Confidentia Appendix A to Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council endorse the 309 Cherry Proposed Modifications, as set out in Confidential Appendix A to Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor. 3. City Council authorize the City Solicitor and any other City staff to support the Manulife and Sprackman (Polson Quay) Proposed Modifications and the 309 Cherry Proposed Modifications (together, the "Proposed Modifications") at the Ontario Land Tribunal, Port Lands Official Plan Modification Hearing (Phase 2). 4. 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 Appendix A to the report (January 25, 2022) from the City Solicitor and Confidential Appendix A to the supplementary report (January 31, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council). Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client and settlement privilege. Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contain information that is subject to solicitor-client and settlement privilege. The balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) 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 Appendix A 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.
MM39.5adopted
This Motion will authorize the City Solicitor, along with appropriate City Staff or outside consultants, as necessary, to support the Committee of Adjustment's decision refusing the minor variance application at 197 Greyabbey Trail, Application A0021/21SC, (the "Application") and attend the Toronto Local Appeal Body in order to oppose the Application. The Application seeks to construct a new three storey detached dwelling. The Application required the Committee of Adjustment's approval of four (4) proposed variances to Zoning By-law 569-2013, and one (1) proposed variance of Zoning By-law 9676. The variances sought relate to the increase of the gross floor area, the increase of the dwelling height, the construction of a third storey, and an increase to the maximum number of platforms permitted at or above the second storey, on the front of the dwelling. Planning staff did not file a report to the Committee of Adjustment with respect to the Application. The Committee of Adjustment refused the Application in its decision issued on December 8, 2021. Subsequently, the owner of 197 Greyabbey Trail appealed the Decision to the Toronto Local Appeal Body. This Motion will direct the City Solicitor to attend the Toronto Local Appeal Body in order to oppose the Appeal. No hearing date has been scheduled yet.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff in order to oppose minor variance Application A0021/21SC regarding 197 Greyabbey Trail (the "Appeal"), and any other variances and relief that may be requested. 2. City Council authorize the City Solicitor to retain outside consultants as may be necessary in order to oppose the Appeal. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Appeal, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and with the Director, Community Planning, Scarborough District.
Staff recommendation as filed
Councillor Jennifer McKelvie, seconded by Councillor Paul Ainslie, recommends that: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff in order to oppose minor variance Application A0021/21SC regarding 197 Greyabbey Trail (the "Appeal"), and any other variances and relief that may be requested. 2. City Council authorize the City Solicitor to retain outside consultants as may be necessary in order to oppose the Appeal. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Appeal, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and with the Director, Community Planning, Scarborough District.
RM39.5received
Members of Council may file petitions.
No petitions were filed during the Routine Matters portion of the meeting.
CC39.6adopted
On May 8, 2020, Official Plan and Zoning By-law Amendment applications were submitted to permit a 35-storey residential building containing 372 dwelling units. The application included the severance of a 1,217 square metre portion of 15 Oxford Drive and the reconfiguration of the terminus of Locust Street into a new cul-de-sac. On May 17, 2021, the applicant appealed the Official Plan and Zoning By-Law Amendments to the Ontario Land Tribunal (OLT) citing City Council's failure to make a decision on the applications within the time period prescribed under the Planning Act. A Case Management Conference was held on June 23, 2021, and the OLT has scheduled a 10-day hearing commencing on Monday June 13, 2022. The City and the applicant participated in OLT led mediation on November 1 and 4, 2021. As a result of the mediation the City Solicitor requires further instructions in advance of upcoming hearing disclosure dates. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting which starts on February 2, 2022.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor; and b. Confidential Appendix 1 to the report (January 25, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer and direct the City Solicitor and staff to attend the Ontario Land Tribunal in support of the Revised Proposed. 2. City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure benefits under Section 37 of the Planning Act as follows: a. a cash contribution of $1,500,000 to be allocated as follows; i. $250,000 towards streetscape improvements in the local area beyond the site; and ii. $1,250,000 towards for capital improvements for new or existing affordable housing in the vicinity of the site to the satisfaction of the Chief Planner, Executive Director, City Planning, in consultation with the local Councillor; b. the amount of the cash contribution in Part 2.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the Owner to the City; and c. in the event that the cash contribution in Part 2.a. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the Site. 3. City Council direct that the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development if approved by the Ontario Land Tribunal: a. the owner shall enter into an agreement to convey lands required for the cul-de-sac to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor; b. the owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item 2009.PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item 2017.PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time; and 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. 4. 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 final form and content of the Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has provided a revised Transportation Impact Study including a revised Parking Justification, satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning; c. the owner has provided accessible parking spaces in accordance with the supply and dimensional requirements in Section 200.15 of City-wide Zoning By-law 569-2013 as amended by By-law 579-2017 to the satisfaction of the General Manager, Transportation Services; d. the owner has provided all regular parking spaces, accessible parking spaces, and a minimum of one (1) Type 'G' loading space for the project in accordance with the dimensional requirements noted in Zoning By-law 569-2013 to the satisfaction of the General Manager, Transportation Services; e. the owner has submitted revised drawings illustrating the conveyance of lands required for the cul-de-sac satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning; f. the owner has submitted a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; g. the owner has made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate agreement with the City of Toronto for the design and construction of the cul-de-sac and any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; h. the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers Chapter 681, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; i. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment applications, to the satisfaction of the Supervisor, Tree Protection and Plan Review; j. the owner has submitted a revised Landscape Plan and/or Tree Inventory and Preservation Plan Report and that Tree Preservation matters are resolved to the satisfaction of the General Manager, Parks, Forestry and Recreation; k. the submitted Noise and Vibration Feasibility Study, has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; l. the submitted revised Rail Safety Assessment, has been peer reviewed by a third-party retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; m. the submitted Rail Safety Assessment has been reviewed to the satisfaction of Metrolinx; n. the owner has provided a revised Pedestrian Level Wind Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning; o. the owner has provided information regarding the current number and type of rental units on the land and, if required, has addressed all rental replacement requirements in accordance with the Official Plan and City standards to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and p. community benefits and other matters in support of the development have been secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 5. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendix 1 to the report (January 25, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendations are adopted by Council, then City Council authorize the public release of: a. The recommendations contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege); and b. All of Confidential Appendix 1.
MM39.6adopted
All residents in Toronto should be able to go about their daily lives free from harassment and hate. No one should be targeted because of their national origin, race, culture, language, religion, sex/gender, age, mental or physical disability, or sexual orientation. As Toronto grows, it faces a greater challenge in following up on complaints of hate, investigating hate crimes and making sure that occurrence reports are compiled and forwarded to the Attorney General of Ontario for criminal prosecution. Crimes of hate are growing. There is also growing complexity in the investigative process. According to the Toronto Police Service Annual Hate Crime Statistical Report of that year, Toronto Public Service experienced an unprecedented increase in hate crime reporting in 2020. In 2020, there was an increase of 51 percent from 2019 in the number of hate crimes reported occurrences.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council request the Toronto Police Services Board, to consider as part of its annual budgetary and human resources decision making process, investing additional personnel, technology and other resources into the forces' Hate Crime Unit in order to address the growing occurrences of hate in Toronto.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Cynthia Lai, recommends that: 1. City Council request the Toronto Police Services Board, to consider as part of its annual budgetary and human resources decision making process, investing additional personnel, technology and other resources into the forces' Hate Crime Unit in order to address the growing occurrences of hate in Toronto.
RM39.6received
Presentations, Introductions and Announcements
Various presentations and announcements will be made at the City Council meeting.
Various presentations, introductions and announcements were made to City Council on February 2 and 3, 2022. February 2, 2022 Councillor Thompson, during the morning session of the meeting, advised Members of Council that February is Black History Month which is an opportunity to honour the legacy of Black Canadians, past and present, and to recognize and celebrate the significant contributions Black Canadians continue to make to our country. Councillor Thompson acknowledged that Black History Month has been celebrated by the City of Toronto since 1979. Councillor Thompson, during the morning session of the meeting, acknowledged and thanked the amazing team from Parks, Forestry and Recreation for the outstanding work they did for the Scotia Bank Hockey Day event in January: Howie Dayton, Kerri Zollen, Dexter Slater, Steve Jordan, Peter White, Edward Lewis and Mari Caravaggio. Councillor Fletcher, during the morning session of the meeting, advised Members of Council that during the month of February, staff from Parks, Forestry and Recreation have displayed fantastic posters at the skating rinks across the City to acknowledge Black History Month. Councillor Lai, during the afternoon session of the meeting, wished the Chinese, Korean, Vietnamese and other Asian communities in Toronto a very happy Lunar New Year of the Tiger. Councillor Lai commented that the Tiger is known as the king of all beasts and symbolizes bravery, energy, confidence and strength. Councillor Lai remarked that she hoped the Year of the Tiger would bring an end to the pandemic, that there would be prosperity for a speedy recovery and that there would be good health for all. February 3, 2022 Mayor Tory, during the morning session of the meeting, advised Members of Council that he had met that morning with the City Manager, senior City staff, the Police Chief, Toronto Police Service, senior Police Officers, the Fire Chief and General Manager - Emergency Management, Councillor Cressy and others to get an update from the Police regarding a possible Convoy of Freedom protest in Toronto this weekend. Mayor Tory remarked that Members and residents support the right of all Canadians to a peaceful and respectful protest. Mayor Tory noted that the Toronto Police Service is continuing to gather information about the possible protest and will have an update for residents and businesses on February 4, 2022. Mayor Tory also noted that the Police Chief will provide an update to all Members of Council. Mayor Tory advised that he supports the Toronto Police Service in taking necessary action to prepare for this possible protest and doing everything they can to protect the safety of Toronto residents and businesses as well as minimize any disruptions. Mayor Tory emphasized that any protest in the area of Queens Park absolutely cannot block access to the hospitals around the Legislature, and that people should not be blocked from receiving emergency care or any medical care. Mayor Tory also said that hospital workers must be able to go freely and safely to and from their respective work places.
CC39.7adopted
Madison Group (the "Applicant" or "Owner") has applied for a Zoning By-law Amendment (the "Application") for the property municipally known as 10 - 32 Raglan Avenue (the "Site" or "Subject Site"). On June 12, 2020, the Applicant initially submitted its Application to amend Zoning By-laws 438-86, 1-83, and 569-2013 for the Site in order to permit a 28-storey (100.2 metres including mechanical penthouse) residential building with 14 grade-related townhouse units, and a proposed density (floor space index) of 10.24 times the area of the lot (the "Original Proposal"). The City Planning Division prepared a Preliminary Report for Toronto and East York Community Council's consideration, being Item TE 18.39, identifying a preliminary set of issues regarding the Application. Community Council recommended that City staff schedule a community consultation meeting regarding the Application, and that notice about the meeting be given to landowners and residents within 240 metres of the Site. On March 30, 2021 the Applicant appealed the Application to the Ontario Land Tribunal (the "Tribunal") for non-decision by City Council (the "Appeal"). An OLT hearing for this matter is scheduled for ten days commencing on June 6, 2022. In addition to the City and the Applicant, 538 St. Clair Avenue West Ltd. ("538 St. Clair"), and Merkur Realty (1993) Limited ("Merkur Realty") are parties to the Appeal. The City Solicitor requires further instructions at the upcoming City Council meeting on February 2 and 3, 2022 due to upcoming hearing disclosure deadlines regarding this Appeal.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor; and b. Confidential Appendices 1 and 2 to the report (January 25, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Without Prejudice Settlement Offer dated January 21, 2022 for the lands municipally known as 10 - 32 Raglan Avenue in Confidential Appendix 1 to the report (January 25, 2022) from the City Solicitor and as generally shown on the Revised Plans dated January 21, 2022 inclusive in Confidential Appendix 2 to the report (January 25, 2022) from the City Solicitor, subject to Part 2 to 5 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 Without Prejudice Settlement Offer dated January 21, 2022 for the lands municipally known as 10-32 Raglan Avenue in Confidential Appendix 1 to the report (January 25, 2022) from the City Solicitor and as generally shown on the Revised Plans dated January 21, 2022 inclusive in Confidential Appendix 2 to the report (January 25, 2022) from the City Solicitor. 3. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an Agreement, pursuant to Section 37 of the Planning Act, in order to secure the following, to the satisfaction of the City Solicitor: a. the community benefits to be secured in the Section 37 Agreement are as follows: i. prior to the issuance of the first above-grade building permit, an indexed one-time cash contribution in the amount of four-hundred thousand dollars ($400,000.00), to be paid by the Applicant to the City prior to the issuance of the first above-grade building permit for the Site, and to be allocated for future capital improvements to the community space located at the Site, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; ii. the amount of the cash contribution referred to in Part 3.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the Applicant to the City; iii. in the event that the cash contribution in Part 3.a.i. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the Site; iv. the design, construction and conveyance to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a community space of approximately 245.8 square metres, with the location as shown on the Revised Plans and recognizing that small adjustments may be required in the future to ensure adequate exiting requirements for the residential portion of the development, and subject to the following: A. the community space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Conditions, with the terms and specifications to be secured in the Section 37 Agreement and the Community Space Term Sheet, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Ward Councillor; B. the Base Building Conditions for the community space referenced in Part 3.a.iv.A. above shall include a kitchen, single washroom and janitor's closet, provided that the owner, in its sole discretion, working with its architect and engineers, and acknowledging the demand and intended use of the above-noted community space, will determine: 1. the location and design/layout of the kitchen, single washroom and janitor's closet, with the owner retaining sole discretion for material, fixture and appliance selection; and 2. the size and location for the stubbed utility connections, location of base building lighting required for non-residential occupancy under the Ontario Building Code, and the location of all electrical outlets and telecom conduits; C. prior to the issuance of the first above-grade building permit for the Site, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the community space and the pedestrian surface easement (as described in Part 3.a.v. below), complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor; D. the Community Space Term Sheet, referenced in Part 3.a.iv.A. above and specifications for the community space will include negotiation of the following matters: 1. the City and future tenant(s) will be solely responsible for the costs of any signage on the exterior of or within the community space, with the owner agreeing to provide structural support and electrical conduit(s) to the City for installation of such signage at a later date; 2. the owner will provide a sub-metered connection to the building heating and cooling system, as well as HVAC and venting, required to achieve non-residential occupancy requirements of the Ontario Building Code; 3. an acoustic ceiling to be installed by the City and/or any future tenant as per the specifications of the owner; 4. the owner and the City agree that concrete floors will be non-finished concrete within ¼-inch flatness over ten (10) feet; 5. all ancillary uses for the community space, such as garbage and bicycle storage, will be addressed within the footprint of the community space; 6. the owner agrees to provide a second door to the rear laneway; 7. the owner, in its sole discretion, shall determine the finish level of the above-noted community space, which shall include landscaping pavers adjacent to the public park and landscaping in accordance with site plan approval requirements along Raglan Avenue, with no additional finishes and/or property delineation required adjacent to the public park; and 8. the owner shall provide the City with access to one (1) visitor vehicle parking space on a first-come/first-served basis at all times, with no individual car permitted to park for longer than eighteen (18) hours in any continuous period, and with a requirement for any user of such visitor vehicle parking space to attain a parking permit (if available) and check-in with building security; v. a surface easement of approximately 136.3 square metres, secured as a public pedestrian walkway, as shown on the Revised Plans, to be registered on title of the future condominium for the exclusive use and enjoyment of any tenant and/or users of the community space, to the satisfaction of the Chief Planner and Executive Director, City Planning; vi. an indexed cash payment of one-hundred thousand dollars ($100,000.00), to be paid prior to the first above-grade building permit, to be allocated by the Chief Planner and Executive Director, City Planning for use by the City for local area roadway improvements in the vicinity of the Site, in consultation with the local Ward Councillor; vii. an indexed cash payment of fifty thousand dollars ($50,000.00), to be paid prior to the first above-grade building permit, to be allocated for a bike share station in the vicinity of the Site; and viii. the conveyance of a new public park, approximately 252.4 square metres, for nominal consideration to the City, as shown on the Revised Plans, in a condition satisfactory to the General Manager, Parks, Forestry and Recreation, free and clear of all physical encroachments and obstructions above and below grade and not encumbered by any easements or interests in land above and below grade, in accordance with all City policies in respect of the environmental condition of lands conveyed to the City; and b. the matters to be secured in the Section 37 Agreement as legal conveniences in support of the development are as follows: i. the design, construction, and installation of pedestrian lighting, owned and operated by the owner, for the east-west and north-south laneway surfaces along the Site, which shall be secured through the site plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. the provision of micro-retail space, as shown on the Revised Plans, which shall be secured through the site plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning; iii. the owner has submitted the required Rental Housing Demolition application under Chapter 667 of the Toronto Municipal code to demolish the existing residential dwelling units at the Site, and that the owner ensure that the demolition of the existing buildings will be processed pursuant to Chapter 363-6.2 of the Municipal Code; iv. the provision of four (4) live/work units that front onto the east-west public lane to the south of the Site, which shall be secured through the site plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning; and v. the provision of a minimum of ten-percent (10%) three (3)-bedroom units. 4. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Final Order on the Zoning By-law Amendment Application until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form and content of the proposed Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. City Council has authorized the Rental Housing Demolition application for the Site, under Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, as applicable, to demolish the existing rental dwelling units at the Site, and should City Council authorize the application, that the owner has entered into a Section 111 Agreement pursuant to Section 111 of the City of Toronto Act, 2006, as may be necessary, and registered such Agreement on title to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; c. the City has received an executed Section 37 Agreement securing the benefits outlined in Part 3 above in accordance with the Planning Act before it was amended by Bill 108 and Bill 197, and the Section 37 Agreement has been registered on title to the Site; d. the Applicant has submitted a final Pedestrian Wind Study, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; e. the Applicant has submitted a Transportation Demand Management Plan, which shall include, amongst other measures: 1. a letter of intent from a car-share operator that the proposed 6 car-share spaces are to be provided; and 2. the provision of bicycle repair stations; the Transportation Demand Management Plan along with all other measures shall be prepared and delivered to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and f. the Applicant has submitted a full set of architectural plans reflecting the settlement offer for the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning. 5. City Council authorize the City Solicitor to take all necessary steps to implement City Council's decision. Confidential Appendices 1 and 2 to the report (January 25, 2022) 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 (January 25, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. If the City Solicitor's confidential recommendations are adopted by City Council, then City Council authorize the public release of: a. The recommendations contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege); and b. All of Confidential Appendix 1 and Confidential Appendix 2.
MM39.7adopted
On December 1, 2021, the Committee of Adjustment (the "Committee") refused an application brought by an agent of the owner of 818 Eastern Avenue for a variance to the provisions of the former City of Toronto Zoning By-law 438-86 to permit a dog daycare and boarding use in a zone which does not permit the use (the "Application"). A copy of the Committee's decision is attached. On December 20, 2021, the owner appealed the Committee's decision to refuse the Application to the Toronto Local Appeal Body. In a report from the Director, Community Planning, Toronto and East York District dated November 24, 2021, Community Planning Staff opposed the Application. A copy of the Planning report is attached. Community Planning Staff opined that the requested uses discussed above are not permitted by the former City of Toronto Zoning By-law 438-86. Community Planning Staff further opined that the Application fails to maintain the intent of the Zoning By-law and the Official Plan, is not minor in nature, and is not desirable for the appropriate development or use of the land. This Motion will authorize the City Solicitor, along with appropriate City Staff, to attend the Toronto Local Appeal Body and oppose the appeal. A hearing date has not yet been scheduled, but a hearing date is anticipated to be scheduled shortly.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council direct the City Solicitor and appropriate City Staff to attend the Toronto Local Appeal Body to oppose minor variance Application A0706/21TEY respecting 818 Eastern Avenue, as well as any other variances and relief that may be requested. 2. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding Application A0706/21TEY respecting 818 Eastern Avenue, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and the Director, Community Planning, Toronto and East York District.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Ana Bailão, recommends that: 1. City Council direct the City Solicitor and appropriate City Staff to attend the Toronto Local Appeal Body to oppose minor variance Application A0706/21TEY respecting 818 Eastern Avenue, as well as any other variances and relief that may be requested. 2. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding Application A0706/21TEY respecting 818 Eastern Avenue, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and the Director, Community Planning, Toronto and East York District.
RM39.7amended
City Council will review the Order Paper.
February 2, 2022: City Council adopted the February 2, 2022 Order Paper, as amended and all other Items not held on consent. February 3, 2022: City Council adopted the February 3, 2022 Order Paper.
CC39.8adopted
The purpose of this report is to seek further instruction in relation to a development application that was referred to the Ontario Land Tribunal (the "OLT"). The appeal is known at OLT case number PL210030. A 10-day hearing relating to the development proposal is scheduled to commence on March 21, 2022. In accordance with timelines imposed by the OLT the Owner has submitted with prejudice revised plans to be considered at the Tribunal hearing. The purpose of this report is to seek further instruction for the OLT hearing on the above-noted appeal.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council authorize the City Solicitor to attend the Ontario Land Tribunal in support of the revised plans related to 133-141 Queen Street East and 128 Richmond Street East, substantially in the form of Architectural Drawings prepared by IBI Group, dated November 5, 2021 and attached as Public Appendix A to the report (January 25, 2022) from the City Solicitor subject to the following conditions: a. the maximum depth of the balconies of the Jarvis Street frontage of the proposed tower will be limited to 1 metre depth; b. balconies located on the Jarvis Street frontage of the proposed tower will occupy no more than 70 percent of the building face for each floor, with the precise location to be resolved to the satisfaction of City staff through the site plan approval process; c. no balconies will be permitted to "wrap around" the corners of the building on any frontage, and no balcony will be located within 1.5 metre of a corner of the tower, to the satisfaction of City staff through the site plan approval process; and d. the fifth floor outdoor amenity space will be stepped back a minimum 3 metres above the 4 storey podium portion of the building on Queen Street East; a minimum 1.8 metres of that stepback width will be landscaping. 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order with respect to the Zoning By-law Amendment application until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the draft Zoning By-laws are in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. the Applicant has entered into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, such Agreement to be registered on title to the lands at 133-141 Queen Street East and 128 Richmond Street East, in a manner satisfactory to the City Solicitor to secure the community benefits outlined in Part 3 below; c. the Applicant has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application as set out in their memorandum dated December 11, 2019 or as may be updated in response to further submissions filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the Applicant has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the reports will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required; and e. the owner has withdrawn its appeal of Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy, and the associated Zoning By-laws 1106-2016 and 1107-2016, as relates to the subject lands. 3. City Council authorize the City Solicitor to prepare an agreement between the owner and the City pursuant to Section 37 of the Planning Act to secure the following: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. a cash contribution of $3,500,000.00 to be paid by the Applicant prior to the issuance of the first above-grade building permit for the proposed development, excluding demolition permits and any permits associated with the heritage alterations and conservation work, and to be allocated to certain community benefits in the vicinity of the Subject Site with the allocation of such funds to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; ii. the required cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Ontario Land Tribunal decision to the date of payment; and iii. in the event the cash contributions referred to in Part 3.a.i. above has not been used for the intended purposes within three (3) years of the site specific 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. the Applicant shall provide a minimum of 10 percent of the new residential dwelling units in the development as dwelling units containing at least three bedrooms and having a minimum gross floor area of 100 square metres, to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. the Applicant shall pay for and construct any improvements to the municipal infrastructure, at their sole expense, in connection with the Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development; iii. the Applicant shall develop a Construction Mitigation Plan prior to the issuance of the first below grade building permit for the proposed development of the Subject Site to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and iv. the Applicant shall submit an updated Pedestrian Level Wind Study, to the satisfaction of the Chief Planner and Executive Director, City Planning and provide any wind mitigation measures identified in the required wind studies for the revised proposal as part of the Site Plan approval process for the Subject Site. 5. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the Confidential Recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the Confidential Recommendations in Confidential Attachment 1 if adopted by City Council, with the balance of the Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor as it contains advice which is subject to solicitor-client privilege.
MM39.8amended
The Eglinton East Light Rail Transit project will extend the Eglinton Crosstown Light Rail Transit by 15 kilometres from Kennedy Station through the University of Toronto Scarborough and Centennial College campuses to Malvern, with up to 21 stops and three connections to GO Transit. The Eglinton East Light Rail Transit will serve seven Neighbourhood Improvement Areas and bring higher-order transit to within walking distance of 49,000 people, including an equity-weighted population of 30,000. To demonstrate their commitment to the Eglinton East Light Rail Transit, City Council has allocated $1.2 billion in funding, which brings us closer to securing the estimated $4.2 billion needed for the project. Advocacy continues to the Provincial and Federal Governments for their support for this project. As a next step, the City of Toronto has initiated a Transit Project Assessment Process for the Eglinton East Light Rail Transit. The scope for the Transit Project Assessment Process is to complete technical studies needed to obtain Minister of Environment, Conservation and Parks approval and has a target completion of the fourth quarter of 2022. This process has identified several issues that must be resolved in partnership with Metrolinx. There is a need for a joint constructability exercise to resolve interface conflicts between the approved Eglinton East Light Rail Transit alignment and the Scarborough Subway Extension tunnel. In addition, the City of Toronto would like to discuss the potential to use the Provincial lands at 8304 Sheppard Avenue East for the vehicle Maintenance and Storage Facility.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council request the Executive Director, Transit Expansion and the Chief Planner and Executive Director, City Planning, to request Metrolinx to enter into a joint constructability exercise with the City of Toronto for the Eglinton East Light Rail Transit to: a. resolve alignment issues at Kennedy Station; b. evaluate the potential to host the vehicle Maintenance and Storage Facility for the Eglinton East Light Rail Transit on Provincial lands at 8304 Sheppard Avenue East; and c. ensure that the new Sheppard Station for the Scarborough Subway Extension does not prohibit the development of future higher order transit connections, including a subway, along Sheppard.
Staff recommendation as filed
Councillor Jennifer McKelvie, seconded by Mayor John Tory, recommends that: 1. City Council request the Executive Director, Transit Expansion and the Chief Planner and Executive Director, City Planning, to request Metrolinx to enter into a joint constructability exercise with the City of Toronto for the Eglinton East Light Rail Transit to: a. resolve alignment issues at Kennedy Station; b. evaluate the potential to host the vehicle Maintenance and Storage Facility for the Eglinton East Light Rail Transit on Provincial lands at 8304 Sheppard Avenue East; and c. ensure that the new Sheppard Station for the Scarborough Subway Extension does not prohibit the development of future higher order transit connections along Sheppard.
CC39.9adopted
1306-1310 The Queensway - Zoning By-law Amendment - Request for Updated Instructions
KS 1306-1310 The Queensway Inc. (the "Applicant") is the owner of the lands municipally known as 1306-1310 The Queensway (the "Site"). The Site is comprised of two lots, located at the northwest corner of Kipling Avenue and The Queensway within The Queensway corridor. It has frontages along The Queensway and Kipling Avenue, and each of the two lots comprising the Site are currently occupied by 1-storey commercial buildings used for temporary car dealerships. The Applicant submitted applications to amend both the former City of Etobicoke Zoning Code and City-wide By-law No. 569-2013 to permit the redevelopment of the Site. The Applicant has proposed a redevelopment that consists of a 10-storey mid-rise building, with a height of 38.5 metres, and two towers of 24 and 35-storeys connected via an 8-storey podium, with heights of 81.7, 113.3, and 26.4 metres respectively (the "Development"). There are a total of 840 new dwelling units in the Development. The Development features a total gross floor area ("GFA") of 67,458 square metres (including 1,018 square metres of retail space), resulting in an FSI of 5.72 times the area of Site. Moreover, the Development provides a new 1,575 square metre public park on the south-east corner of the Site, as well as an additional 759 square metres of Privately-Owned Publicly Accessible Space ("POPS") in between the buildings. The Development is also proposed to contain 12 new affordable rental units. At its meeting of June 8 and 9, 2021, City Council approved the Applicant's Zoning By-law Amendment application in respect of the Development in principle, and adopted recommendations from City Planning contained in a Final Report dated March 30, 2021 (the "Decision). Through the Decision, City Council instructed the City Solicitor to enter into, and register on title to the Site, a Section 37 Agreement with the Applicant securing the provision of: (1) an indexed cash contribution of $4,000,000 to be allocated towards capital improvements in Ward 3; (2) 12 rental dwelling units as affordable rental housing for a period of 15 years; (3) the proposed 759 square metre POPS; and (4) the proposed 1,575 square metre public park on the south-east corner of the Site (the "Section 37 Agreement"). The purpose of this report is to request updated direction with respect to implementing the Decision in order to enable the City Solicitor to finalize, execute, and register the Section 37 Agreement. City Planning has been involved in the preparation of this report.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council amend its decision dated June 8 and 9, 2021 with respect to Item 2021.EY24.2 regarding the Zoning By-law Amendment application at 1306-1310 The Queensway by substituting Parts 6.a.v.g and 6.a.v.i with the following: "g. after the first year of occupancy of a new affordable rental dwelling unit, the rent (inclusive of utilities) charged to tenants occupying the new affordable rental dwelling unit may be escalated annually by not more than the annual provincial rent guideline;" "i. if an affordable rental dwelling unit becomes vacant and is re-rented during the 15-year affordability period, the initial rent (inclusive of utilities) charged to new tenants shall be no higher than the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; and" The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.
MM39.9adopted
Edgeley Village is a Toronto Community Housing community built in 1970 and is composed of neighbourhoods located on Driftwood Avenue, Driftwood Court, Shoreham Drive, and Shoreham Court. The community is bounded by two schools, many mid-rise buildings and an aging condominium complex at Shoreham Drive and Jane Street. Lands within the Edgeley Village area are located within walking distance of Pioneer Village subway station, York University, Aviva Tennis Centre, ravine trails along the Black Creek, Black Creek Pioneer Village, Black Creek Community Farm and other amenities. This community is in desperate need of renewal. Local tenants have been advocating for improvements to their community, and as the Toronto Community Housing Corporation housing stock nears the end of its life, significant renewal rather than repair must be undertaken.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council request the Chief Executive Officer, CreateTO, to consult with the President and Chief Executive Officer, Toronto Community Housing Corporation, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the Chief Executive Officer, Toronto Lands Corporation, on opportunities for City building, with a focus on public realm improvements and housing renewal in and around the Edgeley Village neighbourhood, and to report back to the Board of Directors, CreateTO with the findings of this work.
Staff recommendation as filed
Councillor Anthony Perruzza, seconded by Mayor John Tory, recommends that: 1. City Council request the Chief Executive Officer, CreateTO, to consult with the President and Chief Executive Officer, Toronto Community Housing Corporation, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the Chief Executive Officer, Toronto Lands Corporation, on opportunities for City building, with a focus on public realm improvements and housing renewal in and around the Edgeley Village neighbourhood, and to report back to the Board of Directors, CreateTO with the findings of this work.
CC39.10adopted
On March 9, 2020, a Zoning By-law Amendment application was submitted for an 8 storey mixed use building with 89 dwelling units at the properties known as 3194 - 3206 Dundas Street West ("the Site"). On May 6, 2021 the Applicant appealed the application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 90-day time frame in the Planning Act. On December 13, 2021, the Applicant submitted a with prejudice settlement offer to the City, (the "Settlement Proposal") set out in Public Appendices "A" and "B" to this Report. On January 10, 2022, Mr. Mathias Scolozzi, a party to the OLT appeal, submitted a with prejudice settlement offer to the City (the "Resident Proposal"), set out in Public Appendices "C" and "D" to this Report. The purpose of this report is to request further instructions for the future OLT hearing that is not yet scheduled.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) 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 (January 26, 2022) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) 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 dated December 13, 2021 in Public Appendix A to the report (January 26, 2022) from the City Solicitor and the revised plans substantially in accordance with Public Appendix B to the report (January 26, 2022) from the City Solicitor as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning (the "Settlement Proposal"), for the lands municipally known as 3194-3206 Dundas Street West (the "Site"), subject to Parts 2 to 5 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised development proposal generally described in the settlement offer and the revised plans substantially in accordance with Public Appendices A and B to the report (January 26, 2022) from the City Solicitor. 3. In the alternative, if accepted by the Applicant and adopted by the Ontario Land Tribunal, City Council accept the with prejudice settlement offer dated January 22, 2022 in Public Appendix C to the report (January 26, 2022) from the City Solicitor and the revised plans substantially in accordance with Public Appendix D to the report (January 26, 2022) from the City Solicitor as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning (the "Resident Proposal"), for Site and, if adopted by the Applicant or Ontario Land Tribunal, to support a revised development proposal generally described in the settlement offer and the revised plans substantially in accordance with Public Appendices C and D to the report (January 26, 2022) from the City Solicitor. 4. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its Order until such time as the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendment(s) are in a form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 5. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the 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.
MM39.10adopted
On October 12, 2021, the applicant (Bousfields Inc. on behalf of the owner, Sequence Condos Inc.) applied to the Committee of Adjustment for twenty-eight (28) variances that would enable construction of a mixed-use development consisting of three residential towers having heights of 21, 27 and 30 storeys and comprising 879 dwelling units in total (Committee file A0347/21SC). City Planning staff opposed the Minor Variance Application and submitted a report to the Committee of Adjustment, dated December 2, 2021, recommending that the Application be refused. A copy of the Planning staff's report is attached. This property is also subject to an application for Site Plan approval (File 20 171710 ESC 24 SA). The plans submitted as part of the Site Plan Application are premised on the approval of the Minor Variance Application. At its hearing on December 8, 2021, the Committee of Adjustment refused the Minor Variance Application. A copy of the Notice of Decision of the Committee of Adjustment is attached. On December 13, 2021 the owner appealed the Site Plan Application to the Ontario Land Tribunal, citing the City's failure to approve the Site Plan within 30 days of its submission, as provided in section 114 of the City of Toronto Act, 2006. On December 14, 2021, the owner also appealed the Committee of Adjustment's decision on the Minor Variance Application to the Ontario Land Tribunal, requesting that the two appeals be consolidated for a joint hearing. Under the provisions of section 115 of the City of Toronto Act, 2006, minor variance appeals that are related to existing appeals before the Ontario Land Tribunal will also be directed to the Ontario Land Tribunal, rather than the Toronto Local Appeal Body. Since there is an existing Site Plan appeal before the Ontario Land Tribunal for this property, this minor variance appeal is also directed to the Ontario Land Tribunal. This Motion will authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal hearing of the Minor Variance Application appeal, to retain outside consultants as necessary, and to negotiate a settlement of the appeal in consultation with the Chief Planner and Executive Director, City Planning, and the Ward Councillor. Any substantial changes to the Section 37 Agreement registered against title to the subject property required as a result of any potential settlement with the applicant will be subject of a further report to City Council. The authority to direct the City Solicitor with respect to the Site Plan appeal before the Ontario Land Tribunal is exercised by the Chief Planner and Executive Director, City Planning pursuant to the delegated authority under the Municipal Code (§ 415-18.1).
City Council on February 2 and 3, 2022, adopted the following: 1. City Council authorize the City Solicitor and appropriate City Staff to attend at the Ontario Land Tribunal hearing to uphold the Committee of Adjustment's refusal of the minor variances requested through Application A0347/21SC respecting 1221 Markham Road. 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 appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning, and to report back to City Council on the outcome of discussions or to obtain additional instructions, if necessary.
Staff recommendation as filed
Councillor Paul Ainslie, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council authorize the City Solicitor and appropriate City Staff to attend at the Ontario Land Tribunal hearing to uphold the Committee of Adjustment's refusal of the minor variances requested through Application A0347/21SC respecting 1221 Markham Road. 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 appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning, and to report back to City Council on the outcome of discussions or to obtain additional instructions, if necessary.
CC39.11adopted
1821-1823 and 1831 Weston Road - Zoning By-law Amendment Application - Request for Directions
On November 28, 2019, the applicant (Weston Road Limited Partnership) submitted an application for a zoning by-law amendment, which was deemed complete by the City on December 27, 2019, and on October 30, 2020, the applicant further revised the application and provided a resubmission after receiving preliminary comments from City staff and commenting agencies (collectively, the "Application"). On April 19, 2021, the applicant appealed its Zoning By-law Amendment application (Application 19 254711 WET 05 OZ) to the Ontario Land Tribunal. The appeal was made citing Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act. The purpose of this report is to request further instructions in respect of this matter prior to the Ontario Land Tribunal hearing that is scheduled to commence on April 4, 2022.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2022) 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 authorize the public release Confidential Attachment 2 to the report (January 26, 2022) from the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice settlement offer, attached as Confidential Attachment 2 (the "Settlement Offer") to the report (January 26, 2022) from the City Solicitor , in respect of the appeal of the Zoning By-law Amendment application (Application 19 254711 WET 05 OZ) subject to Parts 3 to 5 below. 2. City Council direct the City Solicitor, together with the appropriate staff, to attend the Ontario Land Tribunal hearing in support of the Settlement Offer subject to Parts 3 to 5 below. 3. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) for the development until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form of the Zoning By-law Amendment(s) are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and include the requirement for appropriate matters, services and facilities to be provided by the owner at its sole expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development as a legal convenience; b. the owner has provided a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water; c. the owner has designed and provided financial securities for any upgrades and/or required improvements to municipal infrastructure in connection with the accepted Functional Servicing Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades to such infrastructure are required to support this development; d. the owner has signed a Section 37 Agreement securing such matters, services and facilities to be provided by the owner at its own expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development all satisfactory to the Chief Planner and Executive Director, City Planning and registered said Agreement on title to the lands, satisfactory to the City Solicitor as set out in more detail in Part 4 below; e. the owner has submitted a Noise and Vibration Feasibility Study, the study has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City of Toronto at the owner's expense, and the owner has agreed to implement the noise and vibration control measures and recommendations identified through the peer review, with these measures to be secured through the Site Plan Control process, all to the satisfaction of the Chief Planner and Executive Director, City Planning; f. the owner has submitted a Derailment Protection Report, the report has been peer reviewed by a third-party retained by the City of Toronto at the owner's expense, and the owner has agreed to implement the derailment protection measures and recommendations identified through the peer review, with these measures to be secured through the Site Plan Control process, all to the satisfaction of the Chief Planner and Executive Director, City Planning; g. the owner has provided a revised Pedestrian Level Wind Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning; h. the owner has provided information regarding the current number and type of rental units on the land and, if required, has addressed all rental replacement requirements in accordance with the Official Plan and City standards to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; i. the owner has submitted a revised Transportation Impact Study including a revised Parking Justification to the satisfaction of the General Manager, Transportation Services; j. the owner has provided dimensions for all parking spaces and parking aisles complying with the minimum dimensional requirements of Sections 200.5.1 and 200.5.1.10 of City of Toronto By-law 569-2013 to the satisfaction of the General Manager, Transportation Services; k. the owner has provided accessible parking spaces in accordance with the supply and dimensional requirements of City of Toronto Zoning By-law 579-2017 to the satisfaction of the General Manager, Transportation Services; l. the owner has provided one shared-use Type 'G' loading space for the proposed mixed-use development and each required loading space providing minimum dimensional requirements of Section 220.5.1.10 of City of Toronto Zoning By-law 569-2013 to the satisfaction of the General Manager, Transportation Services; m. the owner has entered into an appropriate agreement with the City introducing, at no cost to the City, any ultimately-approved traffic control signal timing adjustments and additional phases, including any hardware modifications, required at the signalised intersections in the immediate vicinity of the site to facilitate forecast traffic from the subject development to the satisfaction of the General Manager, Transportation Services; n. the following definitions have been included in the amending by-laws: i. Car-share" means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organisation and where such an organisation may require that use of cars be reserved in advance, charge fees based on time and/or kilometres driven, and set membership requirements of the car-sharing organisation, including the payment of a membership fee that may or may not be refundable; and ii. "Car-share parking space" means a parking space that is reserved and actively used for car-sharing. o. the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers Chapter 681; p. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and q. the owner has submitted a revised Landscape Plan and/or Tree Inventory and Preservation Plan Report and that Tree Preservation matters are resolved to the satisfaction of the General Manager, Parks, Forestry and Recreation. 4. City Council direct the City Solicitor to proceed with the preparation, execution and registration of an Agreement with the owner pursuant to Section 37 of the Planning Act to secure the following matters, services and facilities to be provided as community benefits and legal conveniences to support of the development: a. prior to the issuance of the first above-grade building permit for any part of the site, the owner shall make a cash payment to the City in the amount of $1,600,000.00 (One Million, Six Hundred Thousand) to be allocated to be allocated as follows: i. $1,000,000 (One Million) paid into a capital reserve account designated the "Weston Village Revitalization Fund;" such funds are to be used within the Weston Village Business Improvement Area (or adjacent areas on Weston Road) for capital improvements to the public realm, in consultation with a Weston Village Revitalization Committee of local residents and business owners appointed by City Council, and chaired by the local Ward Councillor, and in consultation with the local Ward Councillor; ii. $500,000.00 (Five Hundred Thousand) to the City for capital improvements to local City of Toronto Parks and/or a dog off-leash park, in consultation with the General Manager, Parks, Forestry and Recreation in Ward 5 (2021 boundaries) and in consultation with the local Ward Councillor; and iii. $100,000.00 (One Hundred Thousand) towards the revitalization of the Weston Library Branch.; b. the cash contributions referred to in Part 4.a. above shall be indexed upwardly in accordance with the Statistics Canada Residential 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 Section 37 Agreement to the date of payment; c. in the event the cash contribution referred to in Part 4.a. above has not been used for the specified purpose within three (3) years after the 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; d. pursuant to the site plan control application process for the site but in any event prior to Site Plan Approval of the proposed development, the owner shall use its best efforts to design an at-grade privately-owned publicly accessible open space for mid-block pedestrian connection to the GO station along the west side and north side of the property, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate; and e. in the event that the provision of the privately-owned publicly accessible open space referred to in Part 4.d. above is feasible, prior to the earlier of: i. registration of a condominium in respect of any part of the site; and ii. the first residential occupancy of any part of the development, the owner shall register a grant of easement for public access to the City, for nominal consideration, along, upon, over, and above the entirety of the privately-owned publicly accessible open space referred to in Part 4.d. above. 5. City Council authorize the City Solicitor and necessary City staff to take such necessary steps as required to implement City Council's decision. Confidential Attachment 2 to the report (January 26, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor if the confidential recommendations in Confidential Attachment 1 are adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege. 4. City Council authorize the public release of the confidential information and documents in Confidential Attachment 2 to the report (January 26, 2022) from the City Solicitor if the confidential recommendations in Confidential Attachment 1 are adopted by City Council.
MM39.11amended
Since 2010, the operation of a concrete batching facility in the Mimico neighbourhood of Etobicoke-Lakeshore has conflicted with the residential area surrounding the site. In 2012, I moved a motion at City Council prohibiting concrete batching and other heavy industrial uses in a large section of South Etobicoke, however ML Ready Mix (Remicorp Industries Inc.) was in operation prior to the by-law so they have been able to continue operating at 29 Judson Street. In an effort to relocate ML Ready Mix, in July 2018 Toronto City Council approved the City purchase of 29 Judson Street and lease-out of 545 Commissioners Street to ML Ready Mix. Shortly thereafter, the Agreement of Purchase and Sale was executed, and following a thorough due diligence process, both transactions closed in November 2019. Complications from the COVID-19 pandemic delayed ML Ready Mix's move to the Port Lands by over a year so in 2021 I re-started the ML Interdivisional Working Group to get the move back on track. I also requested the Executive Director, Corporate Real Estate Management to issue a legal demand letter to Remicorp Industries Inc. (ML Ready Mix) that outlined the requirement for the following conditions to be met by no later than December 31st, 2021, failing which the City will issue a notice of termination of Remicorp's lease agreement at 29 Judson Street and a notice of termination of Remicorp's lease agreement at 545 Commissioners Street: 1. provide a notice to the City of Remicorp's intention to take possession of 545 Commissioners Street, including the date on which possession will be taken; 2. produce a permit from Toronto and Region Conservation Authority for 545 Commissioners Street; 3. produce a detailed project schedule for 545 Commissioners Street outlining all construction activities necessary to entirely relocate Remicorp's business operations from 29 Judson Street to 545 Commissioners Street; 4. execute the lease amending agreement provided by the City for the lease agreement at 29 Judson Street; and 5. pay the outstanding arrears balance, in full, under the lease agreement at 29 Judson Street. ML Ready Mix complied with these conditions so the countdown clock can now begin. In order to ensure ML Ready Mix adheres to their construction timeline, this Motion seeks to issue a notice of termination of ML Ready Mix's lease agreement at 29 Judson Street should they fail to meet with June 30, 2022 deadline.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council direct the Executive Director, Corporate Real Estate Management to issue a notice of termination of Remicorp's lease agreement at 29 Judson Street should the following conditions not be met by June 30, 2022: a. Remicorp to discontinue all concrete batching activities at 29 Judson Street; b. Remicorp to discontinue any operational activities that include attendance of trucks at 29 Judson Street (including truck maintenance); c. Remicorp to have an account with the City of Toronto that is in good standing; and d. Remicorp to demonstrate compliance with all conditions of the Notice of Approval Conditions (NOAC) for 545 Commissioners Street. 2. City Council direct the Executive Director, Corporate Real Estate Management, in consultation with Chief Executive Officer, CreateTO, to ensure that the conditions listed in Parts 8 and 9 of 2021TE23.15 be fully met before Remicorp is permitted to begin concrete batching operations at 545 Commissioners Street. 3. City Council direct the Executive Director, Corporate Real Estate Management, in consultation with Chief Executive Officer, CreateTO, to ensure that the conditions listed in Part 7 of 2021.TE23.15 be completed by the fourth quarter of 2022 in order to ensure necessary coordination with capital work to be undertaken at 545 Commissioners Street. 4. Council request the General Manager, Transportation Services consider truck activity in the Port Lands Truck Access Management Study currently underway, to inform the future street design of Commissioners Street, focusing on improving safety for pedestrians, cyclists and other road users.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Mayor John Tory, recommends that: 1. City Council direct the Executive Director, Corporate Real Estate Management to issue a notice of termination of Remicorp's lease agreement at 29 Judson Street. should the following conditions not be met by June 30, 2022: a. Remicorp to discontinue all concrete batching activities at 29 Judson Street; b. Remicorp to discontinue any operational activities that include attendance of trucks at 29 Judson Street (including truck maintenance); and c. Remicorp to have an account with the City of Toronto that is in good standing.
CC39.12adopted
On June 26, 2020, a Zoning By-law Amendment and Rental Housing Demolition Application were submitted to demolish the existing buildings at 63-91 Montclair Avenue (the "Site") and to allow two new residential buildings at 21 and 23-storeys with a shared 5 and 8-storey base building (the "Application"). The Application proposes a gross floor area of 39,003 square metres, which would result in a Floor Space Index of 11.3 times the area of the Site. On December 23, 2020, the Applicant appealed the Zoning Amendment Application to the Ontario Land Tribunal ("OLT"), due to Council not making a decision within the 90-day time frame in the Planning Act. A hearing is scheduled to commence on April 12, 2022. The purpose of this report is to request further instructions for the purposes of the OLT Case Management Conference and hearing. City Planning has been involved in the preparation of this report.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (January 26, 2022) 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 (January 26, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor. Confidential Attachment 1 and Confidential Appendices A and B to the report (January 26, 2022) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice or communications that are subject to solicitor-client privilege and information regarding potential litigation. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (January 26, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, and Confidential Appendices A and B, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor.
MM39.12adopted
On December 15, 16 and 17, 2021, City Council approved Amending By-law 1107-2021 which amends Zoning By-law 569-2013 to further facilitate the construction of Laneway Suites. Staff have advised that the wording of regulation7(C) in Amending By-law 1107-2021, regarding side yard setbacks abutting the rear lot line of an adjacent residential lot, does not accurately reflect the intent of the Amending By-law as detailed in the Staff Report presented to City Council. Provision 7(C) in Amending By-law 1107-2021 was intended to regulate only those properties where the side yard of a lot on which a Laneway Suite is proposed abuts the rear yard of an adjacent residential lot. Regulation 7(C) of Amending By-law 1107-2021 has the effect of requiring a side yard setback that is greater than intended for all lots on which a Laneway Suite is proposed. The proposed technical amendment resolves this overbreadth, consistent with staff's original intent, and ensures that the regulations in effect for Laneway Suites are consistent with City Council's decision on December 15, 16 and 17, 2021.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council enact the Zoning By-law amendments substantially in accordance with Attachment 1 to Motion MM39.12. 2. City Council determine that the revision is minor, technical in nature, and reflective of the intent of the staff report considered by City Council in Item 2022.PH.30.2, and, pursuant to subsection 34(17) of the Planning Act, no further public notice is required in respect of the proposed amendment to the Zoning By-law.
Staff recommendation as filed
Councillor Ana Bailao, seconded by Councillor Paula Fletcher, recommends that: 1. City Council enact the Zoning By-law amendments substantially in accordance with Attachment 1 to this Motion. 2. City Council determine that the revision is minor, technical in nature, and reflective of the intent of the staff report considered by City Council in Item 2022.PH.30.2, and, pursuant to subsection 34(17) of the Planning Act, no further public notice is required in respect of the proposed amendment to the Zoning By-law.
CC39.13adopted
Litigation in the United States and Canada Regarding Prescription Opioids
There are several litigation proceedings involving government claims to recover costs incurred as a result of the opioid crisis. The claims are being advanced against the manufacturers and distributors of prescription opioids in the United States and Canada. Confidential Attachment 1 contains legal advice from the City Solicitor regarding these legal proceedings.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) 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 (January 26, 2022) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client and litigation privilege. Confidential Attachment 1 to the report (January 26, 2022) 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 and litigation privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) 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 instructions to staff in Confidential Attachment 1. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, at the discretion of the City Solicitor, but that the remainder of Confidential Attachment 1 remain confidential as it contains advice which is subject to solicitor-client and litigation privilege.
MM39.13adopted
This Motion seeks authority to release up to $275,000 in Section 37 funds to Toronto Standard Condominium Corporation 2210, the condominium corporation governing the Bohemian Embassy Flats & Lofts at 1171 Queen Street West, for improvements within the integrated privately-owned publicly accessible space that connects and serves the Queen Street West, Lisgar Street and Sudbury Street triangle neighbourhood. These funds were secured through a Section 37 contribution from the adjacent development at 1181 Queen Street West at the southeast corner of Queen Street West and Sudbury Street, which included $275,000 specifically identified to be directed towards improvements to the privately-owned publicly accessible space through provision of a playground or public art. These funds have been received by the City. The privately owned, publicly accessible open space is an essential space within the neighbourhood providing pedestrian connectivity through the block and to the surrounding streets, trees and landscaping, and places to sit, gather and showcase arts and creativity. The integrated design of the privately owned, publicly accessible open space's mews, courtyards and passageways were developed through community input and participation in the planning and Ontario Municipal Board settlement processes around the redevelopment of the lands, and is secured in the site plan agreements for these developments. Toronto Standard Condominium Corporation 2210 is currently investigating improvements to the privately owned, publicly accessible open space to better take advantages of its opportunities and resolve issues that its decade of use has revealed, such as the need to address dog waste, provide inviting areas for people to congregate, dine, play and exercise, improve lighting and for public art. Toronto Standard Condominium Corporation 2210 would raise and invest additional funds to pay for the improvements, should the cost exceed the $275,000, and will be responsible for their design, construction and maintenance. Design of the privately owned, publicly accessible open space improvements will be reviewed and determined to be satisfactory by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. If approved by City Council, the City would reimburse the condominium corporation for costs actually incurred in the construction, to an upper limit of $275,000.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council increase the 2022 Staff Recommended Operating Budget for Non-Program on a one-time basis, subsequent to its approval, by $276,243.22 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from 1181 and 1187 Queen Street West (Source Account: XR3026-3701100) for transfer to Toronto Standard Condominium Corporation 2210 or the purpose of installing improvements to the privately owned, publicly accessible open space located at 1171 Queen Street West (Cost Centre: NP2161). 2. City Council authorize the Director, Community Planning, Toronto and East York District, to negotiate and sign a Construction Funding Agreement with Toronto Standard Condominium Corporation 2210 for the improvements to the privately owned, publicly accessible open space referred to in Part 1 above, in consultation with the Ward Councillor, on terms and conditions satisfactory to the Director, Community Planning, Toronto and East York, and in a form satisfactory to the City Solicitor, including the following requirements: a. Toronto Standard Condominium Corporation 2210 shall construct the improvements to the privately owned, publicly accessible open space in accordance with the City's construction standards and with detailed plans and cost estimates approved in advance by the Director, Community Planning, Toronto and East York District; b. Toronto Standard Condominium Corporation 2210 shall comply with all relevant City policies as applicable, including the City's Fair Wage Policy, the Labour Trades Construction Obligations in the Construction Industry, and the Declaration of Compliance with Anti-Harassment/Discrimination Legislation Policy in constructing the improvements to the privately owned, publicly accessible open space; c. an amount of up to $276,243.22 shall be forwarded to Toronto Standard Condominium Corporation 2210 directly, in accordance with an agreed to payment schedule, with each payment to be reviewed and approved by the Director, Community Planning, Toronto and East York District upon Toronto Standard Condominium Corporation 2210 providing documentation of the costs of the improvements to the privately owned, publicly accessible open space; and d. any cost overruns shall be the responsibility of Toronto Standard Condominium Corporation 2210, and not of the City or Toronto; in the event that the costs of the improvements to the privately owned, publicly accessible open space are less than $276,243.22, Toronto Standard Condominium Corporation 2210 the remainder of the funds will be allocated by the City towards public art improvements to Lisgar Park or other purpose identified in the Official Plan. 3. City Council authorize and direct City Officials to take such action as is necessary to implement City Council's decision.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommends that: 1. City Council increase the 2022 Staff Recommended Operating Budget for Non-Program on a one-time basis, subsequent to its approval, by $276,243.22 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from 1181 and 1187 Queen Street West (Source Account: XR3026-3701100) for transfer to Toronto Standard Condominium Corporation 2210 or the purpose of installing improvements to the privately owned, publicly accessible open space located at 1171 Queen Street West (Cost Centre: NP2161). 2. City Council authorize the Director, Community Planning, Toronto and East York District, to negotiate and sign a Construction Funding Agreement with Toronto Standard Condominium Corporation 2210 for the improvements to the privately owned, publicly accessible open space referred to in Recommendation 1 above, in consultation with the Ward Councillor, on terms and conditions satisfactory to the Director, Community Planning, Toronto and East York, and in a form satisfactory to the City Solicitor, including the following requirements: a. Toronto Standard Condominium Corporation 2210 shall construct the improvements to the privately owned, publicly accessible open space in accordance with the City's construction standards and with detailed plans and cost estimates approved in advance by the Director, Community Planning, Toronto and East York District; b. Toronto Standard Condominium Corporation 2210 shall comply with all relevant City policies as applicable, including the City's Fair Wage Policy, the Labour Trades Construction Obligations in the Construction Industry, and the Declaration of Compliance with Anti-Harassment/Discrimination Legislation Policy in constructing the improvements to the privately owned, publicly accessible open space; c. an amount of up to $276,243.22 shall be forwarded to Toronto Standard Condominium Corporation 2210 directly, in accordance with an agreed to payment schedule, with each payment to be reviewed and approved by the Director, Community Planning, Toronto and East York District upon Toronto Standard Condominium Corporation 2210 providing documentation of the costs of the improvements to the privately owned, publicly accessible open space; and d. any cost overruns shall be the responsibility of Toronto Standard Condominium Corporation 2210, and not of the City or Toronto; in the event that the costs of the improvements to the privately owned, publicly accessible open space are less than $276,243.22, Toronto Standard Condominium Corporation 2210 the remainder of the funds will be allocated by the City towards public art improvements to Lisgar Park or other purpose identified in the Official Plan. 3. City Council authorize and direct City Officials to take such action as is necessary to implement City Council's decision.
CC39.14adopted
Times Group (the "Applicant") has applied for an Official Plan Amendment and Zoning By-law Amendment (the "Application") for the property municipally known as 1913-1951 Yonge Street, 17-21 Millwood Road, and 22 Davisville Avenue (the "Site"). The Official Plan Amendment application was initially submitted on March 29, 2017 and appealed to the Local Planning Appeal Tribunal ("LPAT") (now the OLT) on November 2, 2017. A Zoning By-law Amendment application submitted with the Official Plan Amendment application was later withdrawn following the approval by the Minister of Municipal Affairs and Housing of Official Plan Amendment 405 (now known as the current "Yonge Eglinton Secondary Plan" or "YESP"). The current Zoning By-law Amendment application was later submitted on September 8, 2020 and appealed on December 16, 2020 to the LPAT. The Application proposed the redevelopment of the Site with two residential towers at 30 and 45-storeys on a shared 8-storey base building with ground floor retail (the "Development"). The Site includes a number of heritage properties. The properties at 1913, 1917, 1919, 1919A, 1921, and 1923 Yonge Street are listed on the Toronto Heritage Register, and were all proposed to be demolished as part of the Development. The property at 1913 Yonge Street is currently proposed to be designated by the City under Part IV of the Ontario Heritage Act. On January 24, 2022, the Toronto Preservation Board recommended to City Council that 1913 Yonge Street be designated as a representative example of a main street commercial row building from the interwar period. As noted above, both the Official Plan Amendment and the Zoning By-law Amendment, which together form the Application, have been appealed to the OLT for non-decision as OLT case numbers PL171228 and PL210014 respectively. The related appeals of the Official Plan Amendment and Zoning By-law Amendment applications have been consolidated and will be addressed together at the OLT (the "Appeal"). Prehearings and Case Management Conferences related to the Appeal were held on the following dates: April 26, 2018, June 15, 2018, February 9, 2021, and June 15, 2021. A 12-day OLT hearing of the Appeal is scheduled to begin on March 28, 2022. In addition to the City and the Applicant, the Toronto District School Board ("TDSB"), the South Eglinton Ratepayers' and Residents' Association ("SERRA"), and 1131815 Ontario Limited (the owners of the adjacent property at 1909 Yonge Street and 2A Davisville Avenue) are also parties to the Appeal. On July 19, 21, and 23, 2021, the City attended confidential mediation with the other parties regarding the Appeal. On January 21, 2022, the City Solicitor received a with prejudice and public settlement offer from the Applicant (the "Settlement Offer"). The Settlement Offer proposes to the resolve the Appeal based on certain revisions to the proposal. The revisions to the proposal described in the letter include two different options available for City Council to support. The Settlement Offer letter is included as Public Attachment "1" to this Solicitor's Report and is discussed in more detail in the "Comments" section below.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) 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 authorize the public release of Confidential Attachment 2 to the report (January 25, 2022) from the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the "with prejudice" settlement offer for the lands municipally known as 1913-1951 Yonge Street, 17-21 Millwood Road, and 22 Davisville Avenue (the "Site") as described in Public Attachment 1 (the "Settlement Offer") to the report (January 25, 2022) from the City Solicitor; City Council more particularly accepts a settlement based on the revised proposal described as Settlement Option 2 in the Settlement Offer and shown in the architectural plans by Core Architects Inc. dated January 24, 2022, that includes a grocery store use with a minimum size of 1,858 square metres and building heights of 38 and 45-storeys, and which are included as Public Attachment 7 (the "Settlement Option 2 Plans") to the report (January 25, 2022) from the City Solicitor; and City Council's acceptance of the "with prejudice" settlement offer based on the Settlement Offer and the Settlement Option 2 Plans is subject to Part 2 to 8 below. 2. City Council accept the "without prejudice" supplementary Section 37 offer as described in Confidential Attachment 2 (the "Section 37 Offer") to the report (January 25, 2022) from the City Solicitor and subject to Part 3 to 8 below. 3. 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 and the Section 37 Offer for the Site. 4. 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 Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the Applicant has submitted an updated Transportation Study and a Transportation Demand Management Plan to the satisfaction of the General Manager, Transportation Services; c. the Applicant has addressed all outstanding comments by Engineering and Construction Services as they relate to the Zoning By-law Amendment application, including submitting a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; d. the Applicant has entered into an agreement or agreements or otherwise secured the design, construction and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing and Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; e. the Applicant and the City have entered into a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, and such agreement has been executed and registered on title to the Site to the satisfaction of the City Solicitor, securing community benefits and matters of legal convenience to support the development as more particularly described in Part 5 below; f. the Applicant has submitted and received approval from City Council regarding a Rental Housing Demolition and Conversation Application pursuant to Section 111 of the City of Toronto Act with respect to the existing rental dwelling units being demolished on the Site; g. the Applicant has, as applicable, submitted and received approval from City Council under Section 33 of the Ontario Heritage Act for the proposed alterations to the heritage building municipally known as 1913 Yonge Street and the Applicant has fulfilled all conditions of such approval, including entering into a Heritage Easement Agreement with the City substantially in accordance with the Heritage Impact Assessment Addendum by GBCA Architects dated December 24, 2021, included as Public Attachment 5 to the report (January 25, 2022) from the City Solicitor, all to the satisfaction of the Senior Manager, Heritage Planning and the City Solicitor; and h. the Applicant has fulfilled the conditions for applying the Over-Dedication Credit to the Applicant's parkland dedication requirements pursuant to Section 42 of the Planning Act, to the satisfaction of the City Solicitor, as more particularly described in Part 7 below. 5. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor: a. the community benefit recommended to be secured in the Section 37 Agreement are as follows: i. an indexed cash contribution of ten million dollars ($10,000,000.00) to be paid by the Applicant prior to the issuance of the first above-grade building permit for the proposed development, to be allocated for local area improvements in the vicinity of the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; or ii. the transfer by the Applicant to the City, at no cost to the City, of the property municipally known as 1909 Yonge Street and 2A Davisville Avenue, with such transfer to be on terms and conditions acceptable to the City Solicitor, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning, and the Senior Manager, Heritage Planning, in consultation with the Ward Councillor, with the election between the community benefits described in Parts 5.a.i. and 5.a.ii. above, to be made by the City Solicitor. in consultation with the Ward Councillor, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Planning; b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a privately-owned publicly accessible space generally located along the southern frontage of the Site and behind the retained heritage building known municipally as 1913 Yonge Street and as generally shown on the Public Easement Plans by Core Architects Inc. dated January 13, 2022, in Public Attachment 4 to the report (January 25, 2022) from the City Solicitor; prior to the issuance of Site Plan approval, the Applicant shall convey for nominal consideration an easement along the surface of the privately-owned publicly accessible space lands to the City; the specific size, location, configuration, and design of the privately-owned publicly accessible space area shall be determined through the Site Plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, Toronto and East York District; the Applicant shall own, operate, maintain, and repair the privately-owned publicly accessible space and shall be required to install and maintain a sign stating that members of the public shall be entitled to use the privately-owned publicly accessible space area, all at the Applicant's own expense; ii. the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, publicly accessible vehicular and pedestrian access easements over the north-south driveway and pedestrian and cycling connection running along the eastern boundary of the Site and connecting Davisville Avenue and Millwood Road as generally shown on the Public Easement Plans by Core Architects Inc. dated January 13, 2022, in Public Attachment 5 to the report (January 25, 2022) from the City Solicitor and having a minimum depth of not less than 6 metres wide for the driveway connection and 3 metres for the pedestrian and cycling connection; the specific size, location, configuration, and design of the driveway and pedestrian and cycling connection shall be determined through the Site Plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, Toronto and East York District; the Applicant shall own, operate, maintain, and repair the driveway and the pedestrian and cycling connection, all at the Applicant's own expense; iii. the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a publicly accessible pedestrian access easement over the building setback at grade along Yonge Street between the building face and the western property line as generally shown on the Public Easement Plans by Core Architects Inc. dated January 13, 2022, in Public Attachment 4 to the report (January 25, 2022) from the City Solicitor and having a varied depth but with a minimum depth of not less than 1.9 metres; the specific size, location, configuration, and design of the pedestrian access easement shall be determined through the Site Plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, Toronto and East York District; the Applicant shall own, operate, maintain, and repair the pedestrian access easement, all at the Applicant's own expense; iv. the Applicant shall, prior to Site Plan approval for the proposed development of the Site, in relation to the heritage property municipally known as 1913 Yonge Street, shall complete the following all to the satisfaction of the Senior Manager, Heritage Planning: a. provide a detailed Conservation Plan prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment Addendum , all to the satisfaction of the Senior Manager, Heritage Planning. b. provide final site drawings substantially in accordance with the approved Conservation Plan required in Part 5.b.iv.a. above to the satisfaction of the Senior Manager, Heritage Planning; c. provide a Heritage Lighting Plan that describes how the exterior of the property at 1913 Yonge Street will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall agree to implement such Heritage Lighting Plan to the satisfaction of the Senior Manager, Heritage Planning; d. provide a detailed Landscape Plan for the property at 1913 Yonge Street to the satisfaction of the Senior Manager, Heritage Planning; e. submit a Signage Plan for the property at 1913 Yonge Street to the satisfaction of the Senior Manager, Heritage Planning; f. provide an Interpretation Plan for the property at 1913 Yonge Street, to the satisfaction of the Senior Manager, Heritage Planning thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; g. provide a Letter of Credit upon such terms and conditions, including provision for upward indexing and in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan required in Part 5.b.iv.a. above, all to the satisfaction of the Senior Manager, Heritage Planning; and h. provide full documentation of the existing property at 1913 Yonge Street, including two (2) printed sets of archival quality 8" x 10" colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning; and v. the Applicant shall provide prior to Site Plan approval for the Site a Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Applicant shall agree to implement any wind mitigation measures required therein to the satisfaction of the Chief Planner and Executive Director, City Planning. 6. City Council require, as a condition of accepting the Applicant's Settlement Offer, that the Applicant not object to the notice of intention to designate the properties municipally known as 1909 Yonge Street and 1913 Yonge Street under Part IV of the Ontario Heritage Act. 7. City Council approve the use of the over-dedication credit of 185.5 square metres of off-site parkland (the "Over-Dedication Credit"), which is related to the off-site parkland dedication of the properties municipally known as 70, 72, 74, 76 Soudan Avenue for the rezoning approval for the property municipally known as 55-65 Broadway Avenue and that was secured in Section 4 of the Section 37 Agreement dated September 5, 2019 between Times 5565 Inc. and the City (Instrument No. AT5232244) (the "55-65 Broadway Section 37 Agreement"), with such Over-Dedication Credit to be applied to the Applicant's parkland dedication requirements pursuant to Section 42 of the Planning Act for the proposed redevelopment of the Site, which is located within the boundaries of the Yonge Eglinton Secondary Plan; City Council requires that any parkland dedication remaining after the application of the Over-Dedication Credit shall be satisfied by the Applicant through payment of cash-in-lieu or off-site parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and City Council requires, pursuant to section 4.3 of the 55-65 Broadway Section 37 Agreement, that as a condition of the application of the Over-Dedication Credit the Applicant must complete the following prior to any final approval of the Applicant's Zoning By-law Amendment for the Site, all the satisfaction of the City Solicitor: a. if the Applicant still owns the property municipally known as 55-65 Broadway Avenue, the Applicant shall enter into an agreement, amending the 55-65 Broadway Section 37 Agreement, (the "Amending Agreement") to be registered on title to 55-65 Broadway Avenue at the sole cost and expense of the owner and to the satisfaction of the City Solicitor, to document the extent to which the Over-Dedication Credit has been applied and to identify any remaining parkland credit; or b. if the Applicant no longer owns the property municipally known as 55-65 Broadway Avenue, the Applicant shall: i. if the Applicant is not Time 5565 Inc., provide a solicitor's corporate opinion confirming that it is a Times Group of Companies entity, authorized to benefit from the Over-Dedication Credit by Time 5565 Inc., to the satisfaction of the City Solicitor; ii. provide a sworn acknowledgement to the General Manager, Parks, Forestry and Recreation confirming the amount of the Over-Dedication Credit that has been used; and iii. acknowledge in a Development Agreement (with the appropriate agreement to be determined by the City Solicitor) for the Zoning By-law Amendment application for the Site the extent to which the Applicant has drawn on the Over-Dedication Credit. 8. City Council authorize and direct the City Solicitor and appropriate City staff to take such necessary steps as required to implement City Council's decision. Confidential Attachment 2 to the report (January 25, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege. 4. City Council authorize the public release of Confidential Attachment 2 to the report (January 25, 2022) from the City Solicitor, if the confidential recommendations contained in Confidential Attachment 1 to the same report are adopted by City Council.
MM39.14amended
Live music and cultural performance is among one of the most significantly negatively impacted sectors of the Toronto economy during the pandemic. As a result, the City of Toronto is committed to a full range of initiatives to support the healthy recovery of live music and cultural spaces. In March 2020, Hugh's Room Live, a legendary Toronto live music venue, and a registered charity, lost its rented venue, after successfully operating for 20 years. Following an extensive search for a permanent home, Hugh's Room Live, has identified as a new home a former church, at 296 Broadview Avenue, designed by the noted E.J. Lennox. Hugh's Room has undertaken considerable due diligence, including developing an operating business case, confirming the purchase price through an independent appraisal, obtaining a building condition assessment, and developing an accessibility plan. Hugh's Room is now in the final stages of negotiating the purchase of the property. In addition to preserving an important heritage building, Hugh's Room is committed to the principles of diversity and inclusion in its programing, while providing a venue to support a full range of teaching and community uses as well as being an important cultural and music-centred hub for the entire City. To complete the purchase of the property Hugh's Room has made an application to Canadian Heritage through their Cultural Spaces grant program. The grant application requests $2.2 million in capital funding to support the purchase and necessary renovations. This Notice of Motion is urgent as a decision by Heritage Canada is not expected until early March 2022 and without the City loan guarantee the vendor is expected to sell to another buyer. Through its own efforts to date, Hugh's Room Live has confirmed more than $2.2 million in donations and vendor take back loans but requires up to an additional $2.2 million in financing to secure the purchase and close on the property no later than March 31, 2022. As a result, a City of Toronto loan guarantee of up to and not exceeding of $2.2 million is required at this time to support the important City building work of Hugh's Room Live and to provide the necessary assurances to a financial institution that the City supports Hugh's Room.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council approve the request for a loan guarantee (the "Loan Guarantee") to be provided in support of Hugh's Room for the Performing Arts Inc. ("Hugh's Room Live") on an exceptional basis in order to support its lending arrangements for the acquisition of the property at 296 Broadview Avenue for a music and cultural-oriented community centre an amount up to and not to exceed $2.2 million and City Council direct the City Manager, in consultation with the Chief Financial Officer and Treasurer, to conduct the required due diligence. 2. City Council direct that the provision of the Loan Guarantee is contingent on Hugh's Room Live being able to demonstrate to the satisfaction of City staff by March 31, 2022 that it has secured financing for the full purchase price of the property. 3. City Council direct that the City's Loan Guarantee be secured against the property being purchased and ahead of all creditors. 4. City Council delegate authority to the Deputy City Manager, Community and Social Services to extend the date to secure financing by Hugh's Room Live for the full purchase price should it be determined that an extension is necessary and justified. 5. City Council authorize the Deputy City Manager, Community and Social Services, in consultation with the Chief Financial Officer and Treasurer, to secure the City's financial interest in the property relating to the Loan Guarantee and to negotiate and enter into all related agreements, on such terms and conditions, as are acceptable to the Deputy City Manager, Corporate Services and the Chief Financial Officer and Treasurer, and in a form satisfactory to the City Solicitor. 6. City Council deem the consideration of the Loan Guarantee to be in the interest of the City. 7. City Council advise Heritage Canada of the decision to support Hugh's Room Live through a Loan Guarantee and that City Council supports Hugh's Room Live's grant application to Heritage Canada's Cultural Spaces program. 8. City Council authorize and direct appropriate City Officials to take such action as may be necessary to implement City Council's decision.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Brad Bradford, recommends that: 1. City Council approve the request for a loan guarantee (the "Loan Guarantee") to be provided in support of Hugh's Room for the Performing Arts Inc. ("Hugh's Room Live") on an exceptional basis in order to support its lending arrangements for the acquisition of the property at 296 Broadview Avenue for a music and cultural-oriented community centre an amount up to and not to exceed $2.2 million. 2. City Council direct that the provision of the Loan Guarantee is contingent on Hugh's Room Live being able to demonstrate to the satisfaction of City staff by March 31, 2022 that it has secured financing for the full purchase price of the property. 3. City Council delegate authority to the Deputy City Manager, Community and Social Services to extend the date to secure financing by Hugh's Room Live for the full purchase price should it be determined that an extension is necessary and justified. 4. City Council authorize the Deputy City Manager, Community and Social Services, in consultation with the Chief Financial Officer and Treasurer, to secure the City's financial interest in the property relating to the Loan Guarantee and to negotiate and enter into all related agreements, on such terms and conditions, as are acceptable to the Deputy City Manager, Corporate Services and the Chief Financial Officer and Treasurer, and in a form satisfactory to the City Solicitor. 5. City Council deem the consideration of the Loan Guarantee to be in the interest of the City. 6. City Council advise Heritage Canada of the decision to support Hugh's Room Live through a Loan Guarantee and that City Council supports Hugh's Room Live's grant application to Heritage Canada's Cultural Spaces program. 7. City Council authorize and direct appropriate City Officials to take such action as may be necessary to implement City Council's decision.
CC39.15adopted
This report recommends that City Council state its intention to designate the properties at 1909 Yonge Street (including entrance addresses at 2 and 2A Davisville Avenue) and 1913 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act. Constructed circa 1890 and acquired by J. J. Davis in 1896, the J. J. Davis General Store at 1909 Yonge Street is a local landmark that anchors the northeast corner of Yonge Street and Davisville Avenue, and includes frontages on both Yonge Street and Davisville Avenue. As a late-Victorian vernacular mixed-use building, the property represents the early wave of development that took place in Davisville in the late-19th century. The property served as the Davisville post office and general store in the late-19th and early-20th centuries, and is valued for its important early role in the community and its associations with J. J. Davis and the Davis family, who were prominent early residents of Davisville. The property retains its original scale, form, and massing as a 2-storey brick building with a cross-gabled roof. Dating to circa 1927, the property at 1913 Yonge Street is a representative example of a main street commercial row building from the interwar period. It retains its original scale, form, and massing as a two-storey brick building with a flat roof, along with original architectural details above its storefront. The property at 1909 Yonge Street was listed on the City of Toronto's Inventory of Heritage Properties (now known as the Heritage Register) on November 21 and 23, 1973, while the property at 1913 Yonge Street was listed on the Heritage Register on October 2, 2017 as part of the Midtown in Focus - Phase 1 "batch listing". Following city staff's additional research and evaluation under Ontario Regulation 9/06, the provincial criteria prescribed for municipal designation, it has been determined that the properties at 1909 Yonge Street and 1913 Yonge Street meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act for the following reasons: 1909 Yonge Street for its design/physical, associative and contextual values, and 1913 Yonge Street for its design/physical, and contextual values. On September 8, 2020, a Zoning By-law Amendment application was submitted to permit two residential towers at 30 and 45-storeys on a shared 8-storey base building with ground floor retail at 1913-1951 Yonge Street, 17-21 Millwood Road and 22 Davisville Avenue. This proposal includes the listed main street heritage properties at 1913, 1917, 1919, 1919A, 1921 and 1923 Yonge Street, all of which were proposed to be demolished as part of the original development scheme. This property is also the subject of a Solicitor's Report for further direction to be considered at the same meeting of City Council. Adjacent to the development proposal is the listed landmark J. J. Davis General Store at 1909 Yonge Street, which anchors the northeast corner of Yonge Street and Davisville Avenue. 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 application currently under review was deemed complete prior to the new legislation coming into force. 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 February 2 and 3, 2022, adopted the following: 1. City Council state its intention to designate the property at 1909 Yonge Street (including the entrance addresses at 2 and 2A Davisville Avenue) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 1909 Yonge Street (Reasons for Designation) attached as Attachment 3 to the report (January 26, 2022) from the Chief Planner and Executive Director, City Planning. 2. City Council state its intention to designate the property at 1913 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 1913 Yonge Street (Reasons for Designation) attached as Attachment 4 to the report (January 26, 2022) from the Chief Planner and Executive Director, City Planning. 3. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in City Council designating the properties at 1909 Yonge Street (including the entrance addresses at 2 and 2A Davisville Avenue) and 1913 Yonge Street 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 1909 Yonge Street (including the entrance addresses at 2 and 2A Davisville Avenue) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 1909 Yonge Street (Reasons for Designation) attached as Attachment 3, to the report (January 26, 2022) from the Chief Planner and Executive Director, City Planning. 2. City Council state its intention to designate the property at 1913 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 1913 Yonge Street (Reasons for Designation) attached as Attachment 4, to the report (January 26, 2022) from the Chief Planner and Executive Director, City Planning. 3. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the properties at 1909 Yonge Street (including the entrance addresses at 2 and 2A Davisville Avenue) and 1913 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act.
MM39.15adopted
On November 3, 2021 the Committee of Adjustment (the "Committee") refused to authorize minor variances to facilitate the construction of a two-storey laneway suite in the rear yard of an existing two-and-a half-storey detached dwelling at 16 Ferndale Avenue. The owner applied to reduce the required percentage of soft landscaping, the required rear yard setback, and the required separation distance between the laneway suite and the existing residential building on the property; to increase the permitted height of the laneway suite, and to alter the required angular plane projection of the laneway suite. A copy of the Committee's decision is attached. In a report from the Director, Community Planning, Toronto and East York District, dated October 27, 2021, City Planning staff recommended to the Committee that it refuse to authorize the requested variance to reduce the separation distance between the proposed laneway suite and the existing residential dwelling. Planning Staff opined that the distance between the proposed second storey of the laneway suite and the existing residential suite on the same lot and the adjacent sites, would create unacceptable impacts related to privacy and overlook, in particular that a person from the second storey of the proposed laneway suite could see into the windows located on the rear walls of adjacent properties and into the existing residential building on the property itself. On November 23, 2021, the owner appealed the Committee's decision to refuse to authorize the requested variances to the Toronto Local Appeal Body. The Toronto Local Appeal Body has issued a notice of hearing for this file and the deadline for the City to elect to be a party in this matter is January 31, 2022.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council authorize and direct the City Solicitor, and any other appropriate City staff to attend the Toronto Local Appeal Body hearing in respect of 16 Ferndale Avenue to oppose the variances in Committee of Adjustment Application A0609/21TEY, minor variance application (A0609/21TEY). 2. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the appeal and City Council authorize the City Solicitor to resolve the matter on behalf of the City, at the City Solicitor's discretion, after consulting with the Ward Councillor and the Director, Community Planning, Toronto and East York District.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Layton, recommends that: 1. City Council authorize and direct the City Solicitor, and any other appropriate City staff to attend the Toronto Local Appeal Body hearing in respect of 16 Ferndale Avenue to oppose the variances in Committee of Adjustment Application A0609/21TEY, minor variance application (A0609/21TEY). 2. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the appeal and City Council authorize the City Solicitor to resolve the matter on behalf of the City, at the City Solicitor's discretion, after consulting with the Ward Councillor and the Director, Community Planning, Toronto and East York District.
CC39.16adopted
This report recommends that City Council state its intention to designate the property at 906 Yonge Street (including the entrance address at 908 Yonge Street) for its design and associative values under Part IV, Section 29 of the Ontario Heritage Act. Constructed in 1928 to the designs of architect Mackenzie Waters as the furniture maker John I. Ridpath's company showroom and workshop, the property at 906 Yonge Street is located on the west side of Yonge Street, north of Davenport Road. The rear portion of the property, which contains a warehouse originally used to manufacture, store and ship furniture, is also visible from McMurrich Street to the west. The property is a representative example of the Tudor Revival architectural style, but is a rare application of this style to a commercial building in Toronto. The property also has important associations to the significant Toronto furniture manufacturer and retailer, Ridpath's Ltd., and its founder John I. Ridpath, as well as to architect Mackenzie Waters. Waters was a significant and influential Canadian architect in the early-20th century, whose early work in the 1920s and 1930s was firmly rooted in a knowledge of period architectural styles, including Tudor Revival. The property at 906 Yonge Street was listed on the City of Toronto's Inventory of Heritage Properties (now known as the Heritage Register) by City Council on March 15, 1974. Staff have completed the Research and Evaluation Report for the property at 906 Yonge 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 the categories of design/physical and historical/associative value. As such, the property is a significant built heritage resource. On November 3, 2021, a Zoning By-Law Amendment application was submitted to the City for 906 Yonge Street and 25 McMurrich Street to permit two 33-storey and 19-storey towers containing 401 residential dwelling units and 74.9 square metres of non-residential floor area. The proposal involves retention and alteration of a portion of the three-storey listed heritage building at 906 Yonge Street. 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 City Clerk issued a complete application notice for the aforementioned Zoning By-Law Amendment application for 906 Yonge Street and 25 McMurrich Street on December 10, 2021. Council has until March 10, 2022 to issue a Notice of Intention to Designate the property. As such, this is an urgent matter for the Chief Planner and Executive Director, City Planning to bring forward for consideration by City Council on February 2, 2022. Designation enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council state its intention to designate the property at 906 Yonge Street (including the entrance address at 908 Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 906 Yonge Street (Reasons for Designation) attached as Attachment 3 to the report (January 24, 2022) 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 City Council designating the property at 906 Yonge Street (including the entrance address at 908 Yonge Street) 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 906 Yonge Street (including the entrance address at 908 Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 906 Yonge Street (Reasons for Designation) attached as Attachment 3 to the report (January 24, 2022) 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 at 906 Yonge Street (including the entrance address at 908 Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act.
MM39.16adopted
Community Music Schools of Toronto have expressed interest in building a music school to serve the Jane Finch community at the site of the York Woods Library located at 1785 Finch Avenue West. Community Music Schools of Toronto has been engaging the Jane Finch community and the local Councillor in these discussions since 2019. Community Music Schools of Toronto have a funder to build a music school at this location.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council endorse the building of a music school at the site of the York Woods Library and direct the City Manager to engage all of the relevant City of Toronto divisions, the Toronto Public Library and the Community Music Schools of Toronto to explore the feasibility of building a music school at this site. 2. City Council direct the Executive Director, Social Development, Finance and Administration together with all relevant stakeholders, to commence a community consultation/engagement for this project.
Staff recommendation as filed
Councillor Anthony Perruzza, seconded by Mayor John Tory, recommends that: 1. City Council endorse the building of a music school at the site of the York Woods Library and direct the City Manager to engage all of the relevant City of Toronto divisions, the Toronto Public Library and the Community Music Schools of Toronto to explore the feasibility of building a music school at this site. 2. City Council direct the Executive Director, Social Development, Finance and Administration together with all relevant stakeholders, to commence a community consultation/engagement for this project.
CC39.17adopted
This report recommends that City Council state its intention to designate the properties at 241 Richmond Street West and 133 John Street under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value. The subject properties are located on the east side of John Street between Richmond Street West and Nelson Street. The southeast corner of Richmond and John contains the building at 241 Richmond Street West, a two-storey commercial building constructed in three phases (1936, 1940 and 1948) in the Art Moderne style by the leading Toronto architecture firm, Page & Steele. The Second Empire style house-form building at 133 John Street anchoring the same block at Nelson Street represents the only surviving building in a larger grouping of dwellings constructed on the east side of John Street in the 1870s. The properties at 241 Richmond Street West and 133 John Street were listed on the City's Heritage Register on December 5, 2017. The subject properties are also identified as contributing heritage properties in the King-Spadina Heritage Conservation District (HCD), which was adopted by City Council in October, 2017 and is currently under appeal. Heritage Planning staff have undertaken research and evaluation and determined that the two subject properties meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under all three categories of design, associative and contextual values. As such, the properties are significant built heritage resources. Designation enables City Council to review proposed alterations for the properties, enforce heritage property standards and maintenance, and refuse demolition. 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. On June 25, 2021 the City received an application to amend the zoning by-law to permit the redevelopment of the site with a 41-storey mixed-use building with a total height of 137.5 metres. The application proposes commercial uses within the ground floor and 470 residential units above. The existing heritage building at 241 Richmond Street West is proposed to be retained and the heritage building at 133 John Street is proposed to be demolished. A Heritage Impact Assessment has been submitted in support of the conservation strategy for the development. This application is to be reviewed concurrently with site plan application No. 21-171254 STE 10 SA. The development application currently under review was deemed complete following the new legislation coming into force. This Notice of Intention to Designate report must be considered by City Council before February 10, 2022.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council state its intention to designate the property at 241 Richmond Street West (including the entrance addresses at 239 Richmond Street West and 137, 139, 141 and 145 John Street) under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance attached as Attachment 3 to the report (January 24, 2022) from the Chief Planner and Executive Director, City Planning. 2. City Council state its intention to designate the property at 133 John Street under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance attached as Attachment 4 to the report (January 24, 2022) from the Chief Planner and Executive Director, City Planning. 3. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in City Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.
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 241 Richmond Street West (including the entrance addresses at 239 Richmond Street West and 137, 139, 141 and 145 John Street) under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance attached as Attachment 3 to the report (January 24, 2022) from the Chief Planner and Executive Director, City Planning. 2. City Council state its intention to designate the property at 133 John Street under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance attached as Attachment 4 to the report (January 24, 2022) from the Chief Planner and Executive Director, City Planning. 3. 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.
MM39.17amended
The City of Toronto is in a housing crisis. Rent is unaffordable and new home ownership is reserved for those with generational wealth, or a very select few in the workforce. The impacts of this troubled market is felt most acutely within populations which have been historically oppressed and suffer from the impacts of inequity in the services governments provide. City Council is committed to add a substantial amount of supportive and deeply affordable housing in the years ahead and plan to work collaboratively with other levels of government and housing partners to secure more units for residents of Toronto. This commitment especially extends to the Indigenous residents under the guidance of the province's Urban Indigenous Action Plan, and our commitments to truth, justice and reconciliation. Action Area 3 of the Urban Indigenous Plan focusses on developing Services Planning, Design and Delivery alongside Indigenous partners to meet and respond to the needs of their communities. Toronto has one of the largest Indigenous populations in Canada, with our partner agencies serving the Indigenous community estimating that there are 70,000 residents who belong to this community and that number is certainly growing, with an increase of 25 percent between the two most recent census disclosures. In 2016, the City also determined that over 90 percent of Toronto's Indigenous population lives below the (before tax) low income cut-off. This makes securing a home Toronto very difficult given the ongoing crisis. The City has a unique opportunity at Spadina and Bloor to convert a parking lot into much needed Indigenous housing. Surface parking lots are not contributing to the well-being of Toronto residents and the neighbourhood. These spaces must be re-envisioned to become important community hubs and unique housing opportunities. Working alongside Indigenous service agencies who have shown support for the idea, there is a strong potential to secure this site for Indigenous specific housing needs. The issue with this specific parking lot is the fact it is owned by the Province. Before substantial work can begin by the City and Indigenous partners to build housing on site, we need to get the Province to provide this land to the City to rezone and utilize. We can continue this process by formally asking the Province to consider the request and work with the relevant staff at the City on a framework and timeline for doing so. City Council has previously requested that this site is transferred to the City for housing purposes. Housing must be treated as a human right and as a means to ensure the best possible health outcomes for Toronto residents. If we can provide housing for more people, the City and the people within it will thrive. City Council must work to support every effort to secure housing and apply pressure where needed to make this potential housing site a reality.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council re-iterate its request to the Province of Ontario to convey the existing Green "P" parking lot site located at 19 Spadina Road (the "Property"), which is currently owned by the Province and leased to the City of Toronto (the "City"), to the City, or to whom the City may direct, for the purpose of creating new Indigenous-led and owned affordable rental and supportive housing. 2. City Council request the City Manager and the Executive Director, Housing Secretariat, upon entering into an agreement of purchase and sale with the Province, to issue a proposal call to select a qualified Indigenous housing organization to own, develop and operate the Property as permanent affordable and supportive housing for the Indigenous community.
Staff recommendation as filed
Councillor Mike Layton, seconded by Mayor John Tory, recommends that: 1. City Council re-iterate its request to the Province of Ontario to convey the existing Green "P" parking lot site located at 19 Spadina Road (the "Property"), which is currently owned by the Province and leased to the City of Toronto (the "City"), to the City, or to whom the City may direct, for the purpose of creating new Indigenous-led and owned affordable rental and supportive housing. 2. City Council request the City Manager and the Executive Director, Housing Secretariat, upon entering into an agreement of purchase and sale with the Province, to issue a proposal call to select a qualified Indigenous housing organization to own, develop and operate the Property as permanent affordable and supportive housing for Indigenous seniors and women.
CC39.18adopted
This report recommends that City Council affirm its decision of October 1, and 4, 2021 (Item PH26.9) stating its intention to designate the property at 22 Lytton Boulevard under Part IV, Section 29 of the Ontario Heritage Act. The City has received an objection to the Notice of Intention to Designate from an interested party within the statutory timeline. The property at 22 Lytton Boulevard is located on the north side of Lytton Boulevard between Yonge Street and Duplex Avenue. Staff have reviewed the objections raised by the interested party and are of the opinion that despite these objections, the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under all three categories of design and physical, historical and associative, and contextual values. As the property has cultural heritage value or interest and meets the prescribed criteria pursuant to Part IV, Section 29 of the Ontario Heritage Act, staff are of the opinion that this property should be designated. Designation enables City Council to review proposed alterations for the property, enforce heritage property standards and maintenance, and refuse demolition. 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 which included amendments to the listing and designation processes. The Bill 108 Amendments to the OHA came into force on July 1, 2021. City Council has until February 6, 2022, 90 days from the date of the end of the objection period, to make a decision on this objection.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council affirm its decision to state its intention to designate the property at 22 Lytton Boulevard under Part IV, Section 29 of the Ontario Heritage Act as set out in City Council Decision Item PH26.9 on October 1 and 4, 2021. 2. City Council authorize the City Solicitor to introduce the Bill in City Council designating the property at 22 Lytton Boulevard 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 affirm its decision to state its intention to designate the property at 22 Lytton Boulevard under Part IV, Section 29 of the Ontario Heritage Act as set out in City Council Decision Item PH26.9 on October 1 and 4, 2021. 2. City Council authorize the City Solicitor to introduce the Bill in City Council designating the property at 22 Lytton Boulevard under Part IV, Section 29 of the Ontario Heritage Act.
MM39.18adopted
EllisDon Corporation is constructing a 13-storey institutional building (the new University of Toronto Schwartz Reisman Innovation Centre) at 112 College Street. The site is located on the north side of College Street, east of University Avenue. The north sidewalk and a portion of the westbound curb lane on College Street, abutting the site, is currently closed for construction staging operations. City Council at its meeting on June 29 and 30, 2020 authorized the subject construction staging area on College Street from July 1, 2020 to January 31, 2021. At its subsequent meeting on December 16, 17 and 18, 2020 ( http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2020.TE21.56 ), City Council authorized amending the end date of the construction staging area on College Street to August 31, 2021. The developer has requested an extension of the duration of the construction staging area on College Street, as the site has experienced a number of construction delays due to issues arising from COVID-19. EllisDon Cooperation is requesting to extend the duration of the construction staging area on College Street for an additional six months (i.e. from February 3, 2022 to July 31, 2022), to allow for the construction of the development to be completed. Transportation Services has been consulted and have no objections to providing the extension, beyond which there is planned conflicting capital work on College Street. Transportation Services will engage further with the developer for possible solutions, should there be a need for a further extension beyond July 31, 2022.
City Council on February 2 and 3, 2022, adopted the following: 1. City Council amend Parts 1 and 2 of City Council's decision on Item 2020.TE21.65 by deleting the date August 31, 2021 and inserting the date July 31, 2022 so that the Parts now read as follows: 1. City Council authorize the closure of the north sidewalk on College Street, between a point 57 metres east of University Avenue and a point 66 metres further east, from July 1, 2020 to July 31, 2022. 2. City Council authorize the continuation of the closure of the bike lane and a portion of the westbound curb lane on the north side of College Street, between a point 50 metres east of University Avenue and a point 86 metres further east, from July 1, 2020 to July 31, 2022.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that: 1. City Council amend Parts 1 and 2 of City Council's decision on Item 2020.TE21.65 by deleting the date August 31, 2021 and inserting the date July 31, 2022 so that the Parts now read as follows: 1. City Council authorize the closure of the north sidewalk on College Street, between a point 57 metres east of University Avenue and a point 66 metres further east, from July 1, 2020 to July 31, 2022. 2. City Council authorize the continuation of the closure of the bike lane and a portion of the westbound curb lane on the north side of College Street, between a point 50 metres east of University Avenue and a point 86 metres further east, from July 1, 2020 to July 31, 2022.
MM39.19adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 2862 Dundas Street West operating under the name Pi Co Pizza (the "Premises"). The application is for an indoor area. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that this application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence. This Premises is located in close proximity to residential units. There are concerns related to noise, litter, safety and other potential disturbances to residents in the area. If conditions are put in place, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales licence without conditions attached. This matter is considered urgent as the deadline for objections is February 2, 2022.
City Council on February 2 and 3, 2022, 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 Pi Co Pizza, 2862 Dundas Street West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence, and that the Registrar should issue a Proposal to Review 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 City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Mike Layton, 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 Pi Co Pizza, 2862 Dundas Street West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence, and that the Registrar should issue a Proposal to Review 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 City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
MM39.20adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor sales licence at the premises at 1721 Bloor Street West operating under the name Pizza Pizza Restaurant No. 20 (the "Premises"). The application is for an indoor area only. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that this application for a liquor sales licence at the Premises is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence. This Premises is located in close proximity to residential units. There are concerns related to noise, litter, safety, and other potential disturbances to residents in the area. If conditions are put in place, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales licence without conditions attached. This matter is considered urgent as the deadline for objections is February 2, 2022.
City Council on February 2 and 3, 2022, 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 sales licence for Pizza Pizza Restaurant No. 20, 1721 Bloor Street West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor sales 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 City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Mike Layton, 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 sales licence for Pizza Pizza Restaurant No. 20, 1721 Bloor Street West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor sales 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 City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor.