Toronto City Council
The full agenda, as filed
All 43 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.
BL41.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills.
City Council on March 9, 2022, enacted By-laws 154-2022 to 211-2022.
CC41.1amended
Response to COVID-19 - March 2022 Update to City Council
City of Toronto staff are reviewing Toronto's situation with respect to COVID-19 activity, particularly the local epidemiological context. A supplementary report with the most up-to-date data and findings of this review will be provided for the March 9, 2022 City Council meeting.
City Council on March 9, 2022, adopted the following: 1. City Council amend Bylaw 541-2020, the Mask Bylaw, as amended by City of Toronto Bylaw 664-2020, so that it expires upon any one or more of the requirements related to the wearing of masks in the Roadmap Exit Step of the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 being amended, revoked, or ceasing to apply to the City of Toronto. 2. City Council affirm that, even in the absence of regulations requiring mask wearing, City Council supports the ability for residents to choose to wear a mask. 3. City Council request the Medical Officer of Health to continue to engage regularly with the Chief Medical Officer of Health of Ontario to review Toronto's local epidemiology and discuss the use of masks and other appropriate infection prevention and control measures to reduce the risk of COVID-19 spread, particularly in certain settings, such as hospitals and long-term care homes, public transit, and shelters. 4. City Council request the Medical Officer of Health to work with the Province to make PCR testing available to a wider range of individuals at higher risk of serious illness and to put mechanisms in place so that those who test positive have appropriate access to antiviral medications. 5. City Council request the Medical Officer of Health to work with the Chair of the Toronto Accessibility Advisory Committee and consult with the accessibility community as soon as possible to solicit feedback from people living with disabilities and organizations working with this population about Toronto's evolving epidemiology and masking policies. 6. City Council request the Medical Officer of Health to work with the Executive Director, Social Development, Finance and Administration on measures to combat the rise of hate crimes including anti-Asian hate as it pertains to masking and other public health measures. 7. City Council request the Medical Officer of Health to continue to report to each of the remaining Board of Health meetings in the term with a COVID-19 update.
Staff recommendation as filed
The City Manager recommends that: 1. City Council receive this report for information.
MM41.1adopted
I am recommending that City Council, together with the Provincial and Federal governments, reappoint Stephen Diamond as a Director and Chair of Waterfront Toronto for a one-year term commencing on March 21, 2022. Stephen Diamond has served as the Chair of the Board for the past three years. Under the Toronto Waterfront Revitalization Act, the Board of Directors of Waterfront Toronto is composed of: • Four members appointed by the Provincial Government • Four members appointed by the Federal Government • Four members appointed by City Council • One member jointly appointed by all three governments, such member to serve as chair I understand that our government partners are moving forward in parallel to confirm the extension to Stephen Diamond's term, provided that City Council agrees. The City retains the power to appoint its four members, three public members and the Mayor or designate. Councillor Joe Cressy is appointed as the Mayor's Designate for a term of office ending November 14, 2022. The terms of the three public members - Wende Cartwright, Michael Galego and Jack Winberg - end on June 20, 2022 and City Council will consider appointments for the next three-year term at its June 2022 meeting.
City Council on March 9, 2022, adopted the following: 1. City Council reappoint Stephen Diamond as Director and Chair of Waterfront Toronto for a one-year term commencing on March 21, 2022 until March 21, 2023.
Staff recommendation as filed
Mayor John Tory, seconded by Councillor Joe Cressy, recommends that: 1. City Council reappoint Stephen Diamond as Director and Chair of Waterfront Toronto for a one-year term commencing on March 21, 2022 until March 21, 2023.
RM41.1adopted
- O Canada - Moment of Silence
CALL TO ORDER: 9:38 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. March 9, 2022 Members of Council observed a moment of silence and remembered: The discovery of burial sites at a former residential school near Kapawe'no First Nation John Duffy Steve Fonyo Andrew Gregorovich Chaitanya Kalevar Peter Moor Macintrye Anthony (Tony) O'Donohue and Michael Bryan Vaughan 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. Today's special meeting of Council is for the following purposes: 1. to consider a deferred matter from the February 2 and 3, 2022 meeting; 2. to consider Reports from the Community Councils and the Planning and Housing Committee; 3. to consider New Business and Member Motions with Notice; and 4. to introduce and enact General Bills and a Confirming Bill for this special meeting. Members of Council, this is a special meeting. Under Council's Procedures, no new business items, such as Motions without Notice, may be introduced. This rule cannot be waived.
CC41.2adopted
Appointment of Public Members to the Sign Variance Committee
At its meeting on February 14, 2022, reconvened on February 22, 2022, the Nominating Panel - Sign Variance Committee considered Item NS4.1 - Appointment of Public Members to Sign Variance Committee and made recommendations to City Council.
City Council on March 9, 2022, adopted the following: 1. City Council appoint the following candidates to the Sign Variance Committee, for a term of office ending March 9, 2026, and until successors are appointed: Anne Milchberg Janet Ross 2. City Council direct that Confidential Attachments 1 to 4 to the report (February 2, 2022) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Sign Variance Committee.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Nominating Panel - Sign Variance Committee. The Nominating Panel - Sign Variance Committee recommends that: 1. City Council appoint the following candidates to the Sign Variance Committee, for a term of office ending March 9, 2026, and until successors are appointed: Anne Milchberg Janet Ross 2. City Council direct that Confidential Attachments 1 to 4 to the report (February 2, 2022) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Sign Variance Committee. Candidates' biographies Anne Milchberg Anne Milchberg is a Registered Professional Planner since 1999, a Registered Architect since 1987, and a seasoned adjudicator who served on the Ontario Municipal Board/Local Planning Appeal Tribunal for five years. Janet Ross Janet Ross is a graduate of the University of Manitoba where she received a Bachelor of Arts. She is a graduate of Osgoode Hall Law School and called to the Ontario Bar. She was employed as a lawyer in the private sector and later joined the Immigration and Refugee Board of Canada, Hearings Determination Division as a Refugee Protection Officer until her retirement in 2019.
MM41.2adopted
Renaming Underhill Park - by Deputy Mayor Denzil Minnan-Wong, seconded by Mayor John Tory
Dr. Daniel Hill is a man of extraordinary accomplishments. An immigrant from the United States, Dr. Hill settled in Toronto and made Don Mills his home, residing around the corner from Underhill Park. He and his wife Donna moved to Don Mills in 1962 where they raised three children, Daniel, Lawrence and Karen. His many accomplishments include being the first Director on the Ontario Human Rights Commission (including being appointed as Chair in 1971), the Provincial Ombudsman from 1984-1989, the author of The Freedom Seekers: Blacks in Early Canada and the founder of the Ontario Black History Society. Pursuant to the advice of City staff, Underhill Park is scheduled to have a new playground installed by June 2022. This would be an ideal time to initiate the renaming. In order to meet this schedule, local schools and residents have been contacted and consulted. They are supportive of renaming the park after a resident who has made such an important contribution to the community, the City of Toronto and the Province of Ontario. Renaming the park after Dr. Hill is also in alignment with the City's draft guiding principles for commemoration by sharing the story of a prominent Black Torontonian and celebrating the City's diversity. Staff have advised that this naming is considered to be of City-wide significance and accordingly is being submitted to City Council for approval.
City Council on March 9, 2022, adopted the following: 1. Despite the previous moratorium on the naming and renaming of civic properties, City Council approve the renaming of Underhill Park to Dr. Daniel Hill Park and the placement of a plaque in the park to commemorate Dr. Daniel Hill and his contributions to the City of Toronto.
Staff recommendation as filed
Deputy Mayor Denzil Minnan-Wong, seconded by Mayor John Tory, recommends that: 1. Despite the previous moratorium on the naming and renaming of civic properties, City Council approve the renaming of Underhill Park to Dr. Daniel Hill Park and the placement of a plaque in the park to commemorate Dr. Daniel Hill and his contributions to the City of Toronto.
RM41.2adopted
City Council will confirm the Minutes from the regular meeting held on February 2, and 3, 2022 and the special meeting held on February 17, 2022.
City Council confirmed the Minutes of Council from the regular meeting held on February 2 and 3, 2022 and the special meeting held on February 17, 2022.
CC41.3adopted
Appointment of Public Members to the Toronto Local Appeal Body
At its meeting on February 15, 2022, the Nominating Panel - Toronto Local Appeal Body considered Item XV6.1 Appointment of Public Members to the Toronto Local Appeal Body and made recommendations to City Council.
City Council on March 9, 2022, adopted the following: 1. City Council appoint the following candidates to the Toronto Local Appeal Body, for a term of office ending March 9, 2026, and until successors are appointed: Gerald Swinkin Carissa Wong 2. City Council direct that Confidential Attachments 1 to 6 to the report (February 1, 2022) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Local Appeal Body.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Nominating Panel - Toronto Local Appeal Body. The Nominating Panel - Toronto Local Appeal Body recommends that: 1. City Council appoint the following candidates to the Toronto Local Appeal Body, for a term of office ending March 9, 2026, and until successors are appointed: Gerald Swinkin Carissa Wong 2. City Council direct that Confidential Attachments 1 to 6 to the report (February 1, 2022) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Local Appeal Body. Candidates' biographies Gerald Swinkin Gerald Swinkin obtained his LL.B. from Osgoode Hall Law School. He was called to the Ontario Bar in 1979. After commencing his legal career as a staff lawyer in the Legal Department of the City of Mississauga, he moved into the private sector, ultimately becoming a partner with the national law firm Blake, Cassels and Graydon LLP, specializing in municipal/planning law. After retirement from practice, Gerald was appointed in August 2016 to the Ontario Municipal Board (now the Ontario Land Tribunal) and served 5 years. Carissa Wong Carissa Wong is a second-generation Torontonian, lawyer, and accredited mediator who is passionate about community, planning and the environment. She has published extensively on diverse participation in environmental decision-making and has assisted multi-party discussions on natural resource governance with First Nations in the Canadian north. She holds a Master of Environmental Management from Duke University and a certificate in Advanced Mediation from Harvard's Negotiation Institute.
MM41.3adopted
The City of Shenzhen, China has requested an extension to the Memorandum of Understanding between Shenzhen and Toronto. The City of Toronto has enjoyed a strong, productive relationship with the Municipality of Shenzhen for several years, supported most recently by a 5-year Memorandum of Understanding. Unlike agreements with other cities that fall within the scope of the City's International Alliance Program which are open-ended, a sunset clause was included in Toronto's Memorandum of Understanding with Shenzhen: after 5 years both cities must make the decision to renew the relationship agreement. This mechanism encourages both cities to innovate and helps to ensure that our continued engagement yields tangible mutual benefits which take account of current circumstances and market opportunities. Among other achievements to date: Toronto's collaboration with Shenzhen has resulted in the annual Sci-Innovation Competition. This is the largest innovation competition of its kind in Canada, which since 2016 has awarded over $1.4 million in prizes to Canadian start-up businesses for the development of innovative technologies. In 2019 Toronto sent a business delegation to Shenzhen. Recognizing Toronto as an important global hub, Shenzhen established an office in Toronto to encourage, develop and grow relationships between our business communities. The most recent Shenzhen-Toronto Memorandum of Understanding expired in 2021. While there is currently a moratorium in place which prevents the City from entering into new city-to-city agreements while a review of the International Alliance Program is undertaken, there is no restriction on temporarily extending existing city-to-city agreements with other jurisdictions. As with many projects and plans during recent times, the review of the International Alliance Program has been significantly delayed by the COVID-19 pandemic, and a report to City Council is not expected until early 2023. Extending the City's Memorandum of Understanding with Shenzhen for a period of 2 years will support the continuity of one of Toronto's most productive and important inter-municipal relationships, while allowing time for the implementation of any new recommendations approved by City Council resulting from the review of the International Alliance Program before any longer-term agreement with Shenzhen is considered or confirmed.
City Council on March 9, 2022, adopted the following: 1. City Council endorse an extension of the existing Shenzhen-Toronto Memorandum of Understanding for a 2 year term.
Staff recommendation as filed
Deputy Mayor Denzil Minnan-Wong, seconded by Councillor Michael Thompson, recommends that: 1. City Council endorse an extension of the existing Shenzhen-Toronto Memorandum of Understanding for a 2 year term.
RM41.3adopted
Deferred Item: Item EX29.12 Report of the Planning and Housing Committee from Meeting 31 on February 15, 2022 Submitted by Councillor Ana Bailão, Chair Report of the Etobicoke York Community Council from Meeting 30 on February 24, 2022 Submitted by Councillor Mark Grimes, Chair Report of the North York Community Council from Meeting 30 on February 23, 2022 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 30 on February 25, 2022 Submitted by Councillor Jennifer McKelvie, Chair Report of the Toronto and East York Community Council from Meeting 31 on February 16, 2022 Submitted by Councillor Gord Perks, Chair New Business submitted by City Officials
The Planning and Housing Committee Report, Community Council Reports and New Business were presented to City Council for consideration.
CC41.4adopted
Leave to Intervene in Sudbury v. Ontario (Ministry of Labour) Appeal to Supreme Court of Canada
The City Solicitor is seeking authority for the City to bring a motion for leave to intervene in a Supreme Court of Canada case that will consider whether, under the Ontario Occupational Health and Safety Act ("OHSA"), a municipality has the responsibilities of an "employer" in respect of work that was or ought to have been performed by the contractor's employees on a construction work site.
City Council on March 9, 2022, adopted the following: 1. City Council authorize the City Solicitor to bring a motion seeking leave to intervene in the appeal of The Corporation of the City of Greater Sudbury v. Her Majesty the Queen in Right of Ontario (Ministry of Labour, Training and Skills Development), File 39754, before the Supreme Court of Canada, and to intervene in the appeal if granted leave by the Court.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council authorize the City Solicitor to bring a motion seeking leave to intervene in the appeal of The Corporation of the City of Greater Sudbury v. Her Majesty the Queen in Right of Ontario (Ministry of Labour, Training and Skills Development), File 39754, before the Supreme Court of Canada, and to intervene in the appeal if granted leave by the Court.
MM41.4amended
The Upper Avenue Road area north of Lawrence Avenue to Wilson Avenue is a park-deficient area that is facing increased intensification pressures with five residential development applications underway. The Toronto Transit Commission Roe Bus Loop, located at 1870 Avenue Road, is an under-utilized piece of Toronto Transit Commission property that could be converted into a thriving and much-needed community park. The bus loop is seldom used (roughly 15-20 times per year) for Toronto Transit Commission buses with the north portion having already been declared surplus by the Toronto Transit Commission. Given the under-utilization of this property by the Toronto Transit Commission and the acute need for open space and parkland in this community under great intensification pressure, there is an opportunity to use this property as a park. There is Section 37 money available from local developments to underwrite the possible purchase of the loop by Toronto Parks, Forestry, and Recreation.
City Council on March 9, 2022, adopted the following: 1. City Council request the Toronto Transit Commission to work with the General Manager, Parks, Forestry, and Recreation and the Executive Director, Corporate Real Estate Management on transferring the entire Roe Bus Loop property located at 1870 Avenue Road to the Parks, Forestry, and Recreation division after the completion of planned accessibility improvements at Lawrence Station in 2024 and after the Toronto Transit Commission confirms the bus loop is no longer required for operations. 2. City Council request the General Manager, Parks, Forestry, and Recreation to explore the use of all available Section 37 funding to support the development of the park and City Council direct the Executive Director, Corporate Real Estate Management, in consultation with the Chief Executive Officer, CreateTO, to explore the potential purchase of commercial properties on Avenue Road abutting the bus loop to further expand the size of the park. 3. City Council direct that, as the loop may be required by the Toronto Transit Commission during accessibility improvements at Lawrence Station, no transfer should be planned until the completion of this work in 2024. 4. City Council request the Toronto Transit Commission, in consultation with the General Manager, Transportation Services, to establish an alternative on-street routing option or options for buses in the vicinity of the Roe Bus Loop and local streets to manage unscheduled service impacts and emergencies, and City Council request City staff to work with Toronto Transit Commission staff and the local Councillor to review and recommend parking restrictions, if required, and communicate the proposed route to impacted residents. 5. City Council request the General Manager, Transportation Services to confirm that the Toronto Transit Commission will have continued exclusive use of the Bombay Bus Loop, located at Avenue Road and Bombay Avenue, to replace the Roe Bus Loop.
Staff recommendation as filed
Councillor Mike Colle, seconded by Councillor John Filion, recommends that: 1. City Council request the Toronto Transit Commission to work with the General Manager, Parks, Forestry, and Recreation on transferring the entire Roe Bus Loop property located at 1870 Avenue Road to the Parks, Forestry, and Recreation division. 2. City Council request the General Manager, Parks, Forestry, and Recreation to explore the use of all available Section 37 money to ensure the Toronto Transit Commission is made whole for the purchase of the property and explore the potential purchase of commercial properties on Avenue Road abutting the bus loop to further expand the size of the park. 3. City Council direct that, as the loop may be required by the Toronto Transit Commission during accessibility improvements at Lawrence Station, no transfer should be planned until the completion of this work in 2024.
RM41.4received
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.
CC41.5adopted
Sherway Area Secondary Plan - City-initiated Official Plan Amendment - Request for Directions
On October 29 and 30, 2019, City Council adopted Official Plan Amendment No. 469, which, among other matters, created Chapter 6, Section 43, Sherway Area Secondary Plan. The Secondary Plan was subsequently appealed to the Ontario Land Tribunal (the "OLT") by 9 appellants. An appeal by 2217 The Queensway has been withdrawn of the Secondary Plan. The purpose of this report is to request further instructions for an ongoing matter before the OLT.
City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 28, 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, B, and C to the report (February 28, 2022) from the City Solicitor, including any part of them, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (February 28, 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. Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (February 28, 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 that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (February 28, 2022) from the City Solicitor, including any part of them, will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (February 28, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor. March 29, 2022 The Confidential instructions to staff in Confidential Attachment 1 to the report (February 28, 2022) from the City Solicitor were adopted by City Council. The following confidential instructions to staff have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public: 1. City Council authorize the City Solicitor and other appropriate staff to request the Ontario Land Tribunal to modify and partially approve non-policy text, policies and maps in Official Plan Amendment 469 substantially in accordance with Confidential Appendix A to the report (February 28, 2022) from the City Solicitor and to ensure that such modifications are appropriately reflected within the Official Plan Amendment 469 policies and maps in a manner satisfactory to the Chief Planner and Executive Director, City Planning. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed modifications to Official Plan Amendment 469, in Confidential Appendix A to the report (February 28, 2022) from the City Solicitor, including to any associated maps, as deemed necessary in the sole discretion of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning. 4. City Council direct the City Solicitor to continue discussions with other Official Plan Amendment 469 appellants in an effort to resolve their remaining issues, and to take all necessary steps to bring resolution to the matter, in consultation with the Chief Planner and Executive Director, City Planning. Confidential Appendix A to the report (February 28, 2022) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and it can be accessed under Background Information (City Council). The balance of Confidential Attachment 1, including the balance of the confidential instructions to staff adopted by City Council, and Confidential Appendices B and C to the report (February 28, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendices B and C to the report (February 28, 2022) from the City Solicitor, including any part of them, will be made public at the discretion of the City Solicitor. April 19, 2022 The following confidential instruction to staff has also been made public, the City Solicitor having exercised the City Solicitor's discretion to make it public: 6. City Council authorize the City Solicitor to seek revisions to the policies as set out in Confidential Appendix C to the report (February 28, 2022) with any further minor modifications as determined by the Chief Planner and Executive Director, City Planning, if in the opinion of the City Solicitor it will resolve all of the appeal of Official Plan Amendment 469 by Appellant 5. Confidential Appendix C to the report (February 28, 2022) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and it can be accessed under Background Information (City Council).
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (February 28, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, Confidential Appendix A, Confidential Appendix B, and Confidential Appendix C to the report (February 28, 2022) from the City Solicitor, if adopted by City Council, including any part thereof, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report (February 28, 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.
MM41.5adopted
The Bell Box Murals Project is a program of Community Matters Toronto. Since 2009, artists from the Bell Boxes Murals Project have painted murals on Bell Canada outdoor utility boxes throughout Toronto, Southern Ontario and Quebec. The benefits of the Bell Boxes Murals Project include: Makes the streets more inviting to residents and visitors. Enhances residents' sense of community. Art is accessible to all people, regardless of income, language or social stature. Creates a public art channel to reflect local culture and heritage. Provides income and opportunities for local artists. Eight Bell utility boxes have been identified in the Sunnylea-Stonegate Neighbourhood. Funding has been identified from the development at 784 The Queensway. The theme for the murals will be determined in consultation with local residents and artists. Preference will be given to artists who live or work in Ward 3. The Bell Box Canada utility box mural project is to be completed in Spring/Summer 2022 by the Bell Box Murals Project, represented by Michael Cavanaugh of Community Matters Toronto. The intent of this Motion is to transfer a total of $12,000 of Section 37 Funds from the development at 784 The Queensway to Community Matters Toronto to provide on-time capital funding for the purpose of painting murals on 8 Bell utility boxes in the Sunnylea-Stonegate Neighbourhood in Ward 3.
City Council on March 9, 2022, adopted the following: 1. City Council increase the Council approved 2022 Operating Budget for Non-Program by $12,000.00 gross, $0 net, fully funded by Section 37 funds obtained from the development at 784 The Queensway, secured for streetscaping improvement (XR3026- 3701047), for the purpose of providing one time capital funding to Community Matters Toronto to paint 8 murals on Bell Canada outdoor junction cabinets in the Sunnylea-Stonegate Neighbourhood in Ward 3 (Cost Centre: NP2161). 2. City Council direct that the funds be forwarded to Community Matters Toronto upon the signing of an Undertaking that governs the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Gary Crawford, recommends that: 1. City Council increase the Council approved 2022 Operating Budget for Non-Program by $12,000.00 gross, $0 net, fully funded by Section 37 funds obtained from the development at 784 The Queensway, secured for streetscaping improvement (XR3026- 3701047), for the purpose of providing one time capital funding to Community Matters Toronto to paint 8 murals on Bell Canada outdoor junction cabinets in the Sunnylea-Stonegate Neighbourhood in Ward 3 (Cost Centre: NP2161). 2. City Council direct that the funds be forwarded to Community Matters Toronto upon the signing of an Undertaking that governs the use of the funds and the financial reporting requirements.
RM41.5received
Members of Council may file petitions.
City Council on March 9, 2022 received the following petition for information: 1. Petition headed "Expropriate 214-230 Sherbourne! Housing Now!", submitted by Councillor Kristyn Wong-Tam, Ward 13, Toronto Centre, containing the names of approximately 1,900 persons.
CC41.6adopted
City Council designated the King-Spadina Heritage Conservation District and adopted the King-Spadina Heritage Conservation District Plan (the "King-Spadina HCD") under Part V of the Ontario Heritage Act at its meeting of October 2, 2017. The King-Spadina HCD was subsequently appealed to the Ontario Land Tribunal (the "OLT"). The OLT had scheduled a 20 day hearing on the merits of the King-Spadina HCD commencing on April 6, 2020, but it was subsequently adjourned. In order to move forward with this matter, the City Solicitor requires further direction.
City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 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 (March 1, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 1, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor and other appropriate staff to attend the Ontario Land Tribunal in support of the revisions to the King Spadina Heritage Conservation District and King-Spadina Heritage Conservation District Plan (the "King-Spadina HCD") as set out in and substantially in accordance with Confidential Appendix A to the report (March 1, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed revisions to the King-Spadina Heritage HCD contained in Confidential Appendix A to the report (March 1, 2022) from the City Solicitor, as deemed necessary by and at the sole discretion of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Planning and to ensure that such stylistic and technical changes are reflected within the King-Spadina HCD Plan's policies, guidelines, schedules, appendices and maps. 3. City Council authorize the City Solicitor and Senior Manager, Heritage Planning, in consultation with the Chief Planner and Executive Director, City Planning, to finalize an appendix to the King-Spadina HCD to recognize development applications approved prior to the date of disposition of the matter by the Ontario Land Tribunal for transition purposes as outlined in Appendix F of Confidential Appendix A to the report (March 1, 2022) from the City Solicitor. 4. City Council direct the City Solicitor to continue negotiations with other appellants to the King-Spadina HCD and City Council authorize the City Solicitor, in consultation with the Senior Manager, Heritage Planning and the Chief Planner and Executive Director, City Planning to make such further changes required to implement a negotiated settlement, if, in the opinion of the City Solicitor, it would resolve one or more appeals. 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 Appendices A and B to the report (March 1, 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 (March 1, 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 and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (March 1, 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 (March 1, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Appendix A, and Confidential Appendix B to the report (March 1, 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 (March 1, 2022) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.
MM41.6adopted
The applicant applied to the Committee of Adjustment seeking permission to construct a new detached dwelling with an attached garage at 86 Foch Avenue (Application Number A0112/21EYK). In particular, the applicant seeks variances from City-wide Zoning By-law 569-2013 and Etobicoke Zoning By-law 1979-67, including variances for lot coverage, gross floor area, front yard setback, rear yard setback, window projection, basement grade, and dwelling height. On August 26, 2021, the Etobicoke York District Panel of the Committee of Adjustment refused to grant the requested variances. The applicant has appealed the refusal to the Toronto Local Appeal Body. City Council adopted Agenda Item MM38.12 on December 15, 16, and 17, 2021 ( http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2021.MM38.12 ) in respect of the appeal of the application to the Toronto Local Appeal Body and directed the City Solicitor and any other appropriate staff to attend at the Toronto Local Appeal Body to uphold the Committee of Adjustment's refusal. Council also authorized the City Solicitor to retain outside consultants as necessary. A Toronto Local Appeal Body hearing took place on February 14, 2022. An additional hearing date has been scheduled for April 28, 2022. This Motion will authorize the City Solicitor to negotiate a resolution to the appeal, as necessary, in addition to the directions in Council Agenda Item MM38.12.
City Council on March 9, 2022, adopted the following: 1. City Council authorize the City Solicitor to negotiate a resolution of the appeal to the Toronto Local Appeal Body of 86 Foch Avenue (Committee of Adjustment Application Number A0112/21EYK) and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the local Ward Councillor and the Chief Planner and Executive Director, City Planning.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Frances Nunziata, recommends that: 1. City Council authorize the City Solicitor to negotiate a resolution of the appeal to the Toronto Local Appeal Body of 86 Foch Avenue (Committee of Adjustment Application Number A0112/21EYK) and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
RM41.6received
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 March 9, 2022. Mayor Tory, during the morning session of the meeting and on behalf of City Council, recognized the on-going conflict in Ukraine and the devastating impact that the Russian invasion of Ukraine is having on millions of innocent lives. Mayor Tory noted that the City of Toronto joins the Government of Canada in continuing to condemn the attack on Ukraine and on its sovereignty and its own people. Mayor Tory added that as a representative of Toronto City Council and the people of Toronto, he expresses as much as possible, how much we stand with the people of Ukraine and with the Ukrainian-Canadian community in Toronto which is also the largest Ukrainian community, outside Ukraine, and in the world. Mayor Tory noted that the City of Toronto will continue to support any and all action taken by the Government of Canada in support of Ukraine. Mayor Tory further added that although what Russia is doing to Ukraine is completely wrong and without justification, this situation has a deeper meaning for the City of Toronto as the City of Toronto and the capital of Ukraine - Kyiv, have a 30-year long special relationship. Mayor Tory said that he had the honour of meeting and welcoming Kyiv Mayor Vitali Klitschko in 2017 at Toronto City Hall with Deputy Mayor Stephen Holyday and also spoke to him virtually early in 2021. Now Kyiv Mayor Vitali Klitschko is on the front lines of this war fighting for his country and for his people. Mayor Tory remarked that the courage and resilience of Kyiv Mayor Vitali Klitschko and the President of Ukraine amazes and inspires many around the world, including their own citizens and him as well. Mayor Tory said that he would like the people of Kyiv and Ukraine to know that the people of the City of Toronto stand with them at this terrible time. Mayor Tory noted that the City of Toronto will not stop drawing attention to the unlawful invasion of Ukraine and will continue to urge the leadership of Russia to stop this aggression. Mayor Tory affirmed that the Ukrainian flag will continue to fly high at Toronto City Hall in honour of the fight taking place abroad and in honour and support of the community here while continuing to raise awareness of the situation taking place in Ukraine. Mayor Tory further added that although this conflict is geographically far away, it is a fight about freedoms and our way of life and values here in Canada. Mayor Tory noted that 1.7 million Ukrainian refuges have rightfully fled for safety so far and the UNHCR (United Nations Refugee Agency) has noted that this is the fastest growing refugee crisis in Europe since World War 2. Mayor Tory affirmed that as Mayor of Toronto and in keeping with the same response the City has had with other humanitarian crisis of this kind, the City of Toronto will support the Ukrainian community here and will support the Government of Canada in any way possible to help successfully resettle Ukrainians who are fleeing their home country because of the war. Mayor Tory noted that the Greater Toronto and Hamilton Area Mayors and Chairs have met recently and have given their unanimous support of full cooperation with the Government of Canada, the Government of Ontario, and the Ukrainian community with respect to resettling refugees. Mayor Tory advised that he has met virtually with the Minister of Immigration, Refugees and Citizenship, the Honourable Sean Fraser, to deliver a similar message that the City of Toronto is here to support Ukrainian refugees and to help people when they need help the most. Mayor Tory further advised that he has also reached out to the Ukrainian-Canadian Congress, which the Minister of Immigration, Refugees and Citizenship has indicated will be playing a leading role in helping to resettle refugees, and discussed that matter. The Ukrainian-Canadian Congress has also reached out to Mayor Tory and Ward Councillor Josh Matlow to install 'Free Ukraine' street signs around the Russian consulate which City staff are working to install as soon as possible as another important gesture of solidarity with the people of Ukraine. Mayor Tory noted that Toronto City Council is proud to be the home of such a vibrant, dynamic and contributing community of Ukrainian-Canadians and noted that when they are hurting, all of us are also hurting. Mayor Tory urged the residents of the City of Toronto to support, in any way possible, Ukrainians abroad as well as the Ukrainian community in the City of Toronto and the anticipated Ukrainian refugees expected to be welcomed in Toronto over the coming weeks. Mayor Tory, during the morning session of the meeting and on behalf of City Council, recognized the outstanding achievement of Torontonian Domee Shi, Animator, Storyboard Artist and Director for Pixar-Disney, in recognition of her accomplishments in the film industry and in representing and featuring Toronto in her film 'Turning Red'. Mayor Tory noted that it is a great honour for the City of Toronto that Domee Shi chose to feature and star Toronto as a city in her film 'Turning Red' celebrating the City she grew up in. The film 'Turning Red', which premiered in Toronto this week, will be globally available as of March 11, 2022. Mayor Tory also noted that Domee Shi studied animation at Sheridan College which has a globally recognized program. Mayor Tory noted that the film 'Turning Red' pays homage to the diversity in Toronto and the strength of our Asian community which all contribute greatly to the success and achievements of the City. Mayor Tory noted that Toronto is excited to see, as a first, the City in animation form showcased to the world, and he further recognized the extraordinary achievement that Domee Shi is the now first woman to ever direct a Pixar feature. Mayor Tory noted that Toronto is honoured that Domee is a Torontonian and congratulated Domee Shi on that achievement as well as winning an Oscar for a short film in 2018. Mayor Tory further noted that Toronto continues to excel in the film industry, attracting big names and remarkable productions to the City and this is another example of that and the incredible talent that Toronto has. Mayor Tory advised that Toronto City Council has presented Domee Shi with a scroll, a certificate of achievement, and a piece of art by another Toronto artist in recognition of her achievements and to note the City's appreciation for her work. Domee Shi, during the morning session of the meeting, addressed City Council and thanked Members for congratulating her and for Toronto always welcoming immigrants as she herself immigrated to Toronto with her family from China 30 years ago. Domee Shi noted that Toronto has molded her into who she is today and the animated movie 'Turning Red' was set in Toronto because of that. She noted that she hopes to inspire other women and thanked the City of Toronto. Speaker Nunziata, during the morning session of the meeting, acknowledged that March 8, 2022 was International Women's Day. She thanked Councillor McKelvie, who put together a short video, to honour all the women on City Council in recognition of International Women's Day. Councillor McKelvie, during the morning session of the meeting, introduced the video that was made as a tribute to the women on Toronto City Council in recognition of International Women's Day.
CC41.7adopted
335 Yonge Street - Official Plan and 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 has been appealed to the Ontario Land Tribunal (the "OLT") as Tribunal case number PL200329. A 10-day hearing relating to the development proposal is scheduled to commence on March 21, 2022.
City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 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 (March 1, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 1, 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 (March 1, 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 settlement offer presented in the letter from Cassels Brock & Blackwell dated February 25, 2022 and substantially in the form of Architectural Drawings prepared by Zeidler Architecture Inc. dated February 23, 2022 and attached respectively as Confidential Appendices A and B to the report (March 1, 2022) from the City Solicitor. 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 Tribunal has been advised by the City Solicitor that: a. the proposed Official Plan amendment and Zoning By-laws are in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. the Owner 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; c. in the event that the updated reports required above identify necessary upgrades to existing municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational prior to the issuance of any above grade building permit, any upgrades or required improvements, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the Owner has provided confirmation from both the Hospital for Sick Children and St. Michael's Hospital, or their representative, that any temporary (including construction cranes or related construction machinery) and permanent structures are below or outside the protected flight path, to the satisfaction Chief Building Official and Executive Director, Toronto Building; e. the Owner has provided written confirmation from the Toronto Transit Commission that a Toronto Transit Commission Technical Review has been completed, that the development will maintain a 3.0 metre clearance between the building and all Toronto Transit Commission infrastructure, or has otherwise confirmed that the Toronto Transit Commission does not object to the development; and f. the Applicant 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 and other City staff to take any necessary steps to implement City Council's decision. Confidential Appendices A and B to the report (March 1, 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 (March 1, 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 (March 1, 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 the Confidential Attachment 1. 2. City Council authorize the public release of Confidential Appendix A, Confidential Appendix B, and 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.
MM41.7adopted
The Bell Box Murals Project is a program of Community Matters Toronto. Since 2009, artists from the Bell Boxes Murals Project have painted murals on Bell Canada outdoor utility boxes throughout Toronto, Southern Ontario and Quebec. The benefits of the Bell Boxes Murals Project include: Makes the streets more inviting to residents and visitors. Enhances residents' sense of community. Art is accessible to all people, regardless of income, language or social stature. Creates a public art channel to reflect local culture and heritage. Provides income and opportunities for local artists. Seven Bell utility boxes have been identified in the Humber Bay Shores neighbourhood in Ward 3, with the assistance of the Humber Bay Shores Condominium Association. Funding has been identified from the development at 2242-2246 Lake Shore Boulevard West for streetscape improvements. The theme for the murals will be determined in consultation with local residents and artists. Preference will be given to artists who live or work in Ward 3. The Bell Box Canada utility box mural project is to be completed in Spring/Summer 2022 by the Bell Box Murals Project, represented by Michael Cavanaugh of Community Matters Toronto. The intent of this Motion is to transfer a total of $12,000 of Section 45(9) Funds from the development at 2242-2246 Lake Shore Boulevard West to Community Matters Toronto to provide on-time capital funding for the purpose of painting murals on 7 Bell utility boxes in the Humber Bay Shores neighbourhood of Ward 3.
City Council on March 9, 2022, adopted the following: 1. City Council increase the Council approved 2022 Operating Budget for Non-Program by $12,000.00 gross, $0 net, fully funded by Section 45(9) funds obtained from the development at 2242-2246 Lake Shore Boulevard West, secured for public initiatives (XR3028- 4500028), for the purpose of providing one time capital funding to Community Matters Toronto to paint 7 murals on Bell Canada outdoor junction cabinets in the Humber Bay Shores neighbourhood of Ward 3 (Cost Centre: NP2161). 2. City Council direct that the funds be forwarded to Community Matters Toronto upon the signing of an Undertaking that governs the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Gary Crawford, recommends that: 1. City Council increase the Council approved 2022 Operating Budget for Non-Program by $12,000.00 gross, $0 net, fully funded by Section 45(9) funds obtained from the development at 2242-2246 Lake Shore Boulevard West, secured for public initiatives (XR3028- 4500028), for the purpose of providing one time capital funding to Community Matters Toronto to paint 7 murals on Bell Canada outdoor junction cabinets in the Humber Bay Shores neighbourhood of Ward 3 (Cost Centre: NP2161). 2. City Council direct that the funds be forwarded to Community Matters Toronto upon the signing of an Undertaking that governs the use of the funds and the financial reporting requirements.
RM41.7adopted
City Council will review the Order Paper.
March 9, 2022: City Council adopted the March 9, 2022, Order Paper and all other Items not held on consent.
CC41.8adopted
The Port Lands Official Plan Modification (the "Port Lands OPM" or "OPM") was first endorsed by City Council in December of 2017. Several appellants of the Central Waterfront Secondary Plan ("OPA 257" or "CWSP"), including public agencies, existing industries, and private owners with development aspirations, raised issues with the Port Lands OPM. Given the large number of parties and issues, the hearing of the Port Lands issues was planned to be phased. The first phase dealt with Land Use and Transportation matters, and was resolved through negotiation and settlement discussions, resulting in Decisions and Orders of the Local Planning Appeal Tribunal in March and May of 2021, commending the City and the parties and approving the OPM in part. A five-week hearing is scheduled for May and June, 2022 to deal with the remaining issues (the Port Lands OPM Hearing (Phase 2). The parties have agreed to adjourn consideration of some Phase 2 issues pending ongoing City-wide work. Through settlement discussions, most of the remaining Phase 2 issues have been resolved. There are now only two outstanding parties with issues to be litigated: 309 Cherry and OPG/PEC. The remaining issues include matters related to: Urban Design Standards & Heritage; and Sustainability and Biodiversity. 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 March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 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 (March 1, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 1, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains information that is subject to solicitor-client and settlement privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council endorse the Ontario Power Generation Portlands Energy Centre Proposed Modification, as set out in Confidential Appendix A to the report (March 1, 2022) from the City Solicitor. 2. City Council endorse the 309 Cherry Proposed Modifications as set out in Confidential Appendix B to the report (March 1, 2022) from the City Solicitor. 3. City Council authorize the City Solicitor and any other City staff to support the Ontario Power Generation/Portlands Energy Centre Modification and the 309 Cherry 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 Appendices A and B to the report (March 1, 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 (March 1, 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 privilege and settlement privilege. The balance of Confidential Attachment 1 to the report (March 1, 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 Appendices A and B to Confidential Attachment 1, once adopted by City Council. 3. City Council direct that the remainder of Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains information that is subject to solicitor-client and settlement privilege.
MM41.8adopted
The applicant applied to the Committee of Adjustment (Application Number A0813/20TEY) (the "Application") seeking permission to alter the existing two-storey detached dwelling by constructing a rear one-storey addition. The Application sought variances from Zoning By-law 569-2013 to reduce the required rear yard setback and the required setback from a stable top-of-bank, and exceed the maximum permitted building length and depth. The City's Engineering and Construction Services division provided a memorandum to the Committee of Adjustment describing a sewer that is located on the abutting property and at the rear of 21 Valley View. The Engineering and Construction Services memorandum (attached) noted that City design standards require a 6 metre wide easement for operation and maintenance purposes and recommended that the Committee defer consideration of the Application or require the Owner to submit revised site plans deleting all proposed structures and encroachments that were to be located within the required easement lands. At its hearing on January 12, 2022 the Committee of Adjustment refused the Application (the "Decision"). The Notice of Decision is attached. The applicant appealed the Decision on January 28, 2022. This Motion will authorize the City Solicitor to seek party status in the appeal of the Decision and to attend the Toronto Local Appeal Body with appropriate City Staff or outside consultants, in order to oppose the minor variances requested in the Applications. This Motion will also give the City Solicitor authority to negotiate a settlement of the appeal and retain outside consultants as necessary.
City Council on March 9, 2022, adopted the following: 1. City Council authorize and direct the City Solicitor to seek party status in the appeal of the Committee of Adjustment's refusal of Application Number A0813/20TEY for 21 Valley View, and to attend the Toronto Local Appeal Body hearing(s), with appropriate City staff, in opposition to the proposal. 2. City Council authorize the City Solicitor to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeals and, if a resolution is reached, to settle the appeals at the City Solicitor's discretion, and in consultation with the local Ward Councillor and the Chief Planner and Executive Director, City Planning.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that: 1. City Council authorize and direct the City Solicitor to seek party status in the appeal of the Committee of Adjustment's refusal of Application Number A0813/20TEY for 21 Valley View, and to attend the Toronto Local Appeal Body hearing(s), with appropriate City staff, in opposition to the proposal. 2. City Council authorize the City Solicitor to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeals and, if a resolution is reached, to settle the appeals at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
CC41.9adopted
Golden Mile Secondary Plan - City-initiated Official Plan Amendment - Request for Directions
On October 27, 28 and 30, 2020, City Council adopted Official Plan Amendment No. 499, which, among other matters, created Chapter 6, Section 45, Golden Mile Secondary Plan. The Secondary Plan was subsequently appealed to the Ontario Land Tribunal (the "OLT") by 20 appellants and the OLT added three additional parties. The purpose of this report is to request further instructions in this matter which is the subject of an appeal to the OLT.
City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 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, B, and C to the report (March 1, 2022) from the City Solicitor, including any part of them, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 1, 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 (March 1, 2022) from the City Solicitor were adopted by City Council. The following confidential instructions to staff have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public: 1. City Council authorize the City Solicitor to request the Ontario Land Tribunal to modify and partially approve the non-policy text, policies and maps in Official Plan Amendment 499 substantially in accordance with Confidential Appendix A to the report (March 1, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed modifications to Official Plan Amendment 499 in Confidential Appendix A to the report (March 1, 2022) from the City Solicitor as deemed necessary by and at the sole discretion of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning. 7. City Council direct the City Solicitor to continue discussions with Official Plan Amendment 499 appellants in an effort to resolve their remaining issues, and to take all necessary steps to bring resolution to the matter, in consultation with the Chief Planner and Executive Director, City Planning. Confidential Appendix A to the report (March 1, 2022) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and it can be accessed under Background Information (City Council). The balance of Confidential Attachment 1, including the balance of the confidential instructions to staff adopted by City Council, and Confidential Appendices B and C to the report (March 1, 2022) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006. The balance of Confidential Attachment 1 and Confidential Appendices B and C to the report (March 1, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor. September 16, 2022 The following confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2022) from the City Solicitor have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public: 3. City Council authorize the City Solicitor to request the Ontario Land Tribunal to modify and partially approve the non-policy text, policies and maps in Official Plan Amendment 499 arising from Confidential Appendix B to the report (March 1, 2022) from the City Solicitor, provided that the Chief Engineer and Executive Director, Engineering and Construction Services receives a satisfactory Master Servicing Report or equivalent for the Golden Mile Area for such lands impacted by the modifications in Confidential Appendix B to the report (March 1, 2022) from the City Solicitor and subject to Part 4 below. 4. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed modifications to Official Plan Amendment 499 in Confidential Appendix B to the report (March 1, 2022) from the City Solicitor, including any necessary adjustments to reduce the maximum building heights in some or all parts of the Golden Mile Secondary Plan Area, as deemed necessary by and at the sole discretion the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services. 8. City Council request the General Manager, Parks, Forestry, and Recreation to include within the Capital Plan, the provision of a new community recreation centre within the Golden Mile Secondary Plan Area in future budget submissions for Parks, Forestry, and Recreation and some or all funding be collected through development charges for such community recreation centre, and to explore other financial tools to fund the provision of such community recreation centre. 9. City Council request the General Manager, Toronto Water and the Chief Engineer and Executive Director, Engineering and Construction Services to include within the Capital Plan, the provision of any required trunk sewer upgrades or major capital upgrades, including any required Environmental Assessment studies, arising from the satisfactory and accepted Master Servicing Report or equivalent for the Golden Mile Area in future budget submissions for Engineering and Construction Services and some or all funding be collected through development charges for such municipal servicing upgrades. Confidential Appendix B to the report (March 1, 2022) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and it can be accessed under Background Information (City Council).
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (March 1, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, Confidential Appendix A, Confidential Appendix B, and Confidential Appendix C to the report (March 1, 2022) from the City Solicitor, if adopted by City Council, including any part thereof, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report (March 1, 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.
MM41.9adopted
Low-income seniors and persons with disabilities may apply annually to receive a rebate on the solid waste portion of their utility bill if they meet certain eligibility criteria. The solid waste rebate is based on the size of the garbage bin and applies to eligible persons that have a small, medium, or large bin and garbage bag only customers. One of the eligibility requirements of the program stipulated in the current Municipal Code require the property to be occupied by the eligible person making the application and must be owned solely by one or more eligible persons, the estate of a low-income person, the widow or both or owned jointly by the eligible persons with one or more owners who do not reside at the property. By definition, this does not include shareholders of a housing co-operative as they are not listed as the assessed owner of the property and therefore would not qualify for the solid waste relief program offered by the City. This Motion asks City staff to explore the possibility of including low income seniors and disabled shareholders of co-operative housing who receive a separate solid waste bill for their unit and would otherwise be eligible to take advantage of the rebate programs.
City Council on March 9, 2022, adopted the following: 1. City Council request the Chief Financial Officer and Treasurer to report to the Executive Committee on the feasibility and financial implications of amending the program eligibility criteria for the Single Family Residential Low Income Solid Waste Relief Program provided in Section 844-30.1 of the Toronto Municipal Code to include eligible persons that receive a separate solid waste bill and is a shareholder of a housing co-operative corporation.
Staff recommendation as filed
Councillor Cynthia Lai, seconded by Councillor Gary Crawford, recommends that: 1. City Council request the Chief Financial Officer and Treasurer to report to the Executive Committee on the feasibility and financial implications of amending the program eligibility criteria for the Single Family Residential Low Income Solid Waste Relief Program provided in Section 844-30.1 of the Toronto Municipal Code to include eligible persons that receive a separate solid waste bill and is a shareholder of a housing co-operative corporation.
CC41.10adopted
Riocan Holdings Inc. ("RioCan") applied for Official Plan and Zoning By-law Amendments and Plan of Subdivision to permit the redevelopment of their lands at 815-­845 Eglinton Avenue East (the "Applications"). The Applications were appealed to the Local Planning Appeal Tribunal ("LPAT", now Ontario Land Tribunal, "OLT" or "Tribunal") citing Council's failure to make a decision within the time allotted by the Planning Act. The Parties to the appeals participated in a private mediation session on November 18-20, 2019. In November, 2019, RioCan made a settlement offer to the City to resolve the appeals, which was accepted by City Council at its meeting of November 26 and 27, 2019 (the "Settlement Offer"). City Council directed that in the event that the LPAT allows the appeals in whole or in part, the City Solicitor request that the final order approving the zoning by-law amendments be withheld until the LPAT is advised by legal counsel for the City that, amongst other matters, the final form and content of the zoning by-law amendments are acceptable to the City, and a satisfactory Section 37 Agreement has been executed and registered to secure the Section 37 matters. At a settlement hearing held before the Tribunal on February 5, 2020, evidence was presented in support of the Settlement Offer. By its Decision and Order issued on March 4, 2020, the Tribunal amended the City of Toronto Official Plan, the Borough of East York (Leaside) Zoning By-law 1916, as amended, and the City Wide Zoning By-law 569-2013, as amended, and approved the draft Plan of Subdivision to permit the proposed re-development, with the final order withheld in regard to the zoning amendments and the plan of subdivision approval. Since the Tribunal decision approving the settlement was issued, the City Solicitor has been working with counsel for RioCan and City staff to finalize the form of the zoning by-law amendments and the Section 37 Agreement to implement the Settlement Offer. The City Solicitor requires further direction in respect of the implementation of the settlement of the rezoning appeals, such that the Section 37 Agreement can be finalized and a final order can be issued in respect of the zoning by-law amendments. City Planning and Parks, Forestry and Recreation staff have been involved in the preparation of this report.
City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 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 (March 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 2, 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 (March 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council direct staff to support the narrowing of the pedestrian walkway easement secured in the Settlement Offer for the pathway to the north of the proposed public park from 5 metres to 2.5 metres in the vicinity of the child care centre in order to accommodate outdoor play space associated with the child care centre. 2. City Council direct that the future public park being secured as part of the development be permitted to be used for the stockpiling of any soils or materials, or as an interim construction staging area for the development, subject to an agreement having been obtained outlining the insurance requirements, extent of area and use permitted, tree removal and replacement, duration, restoration plan and costs, to the satisfaction of the General Manager, Parks, Forestry and Recreation. 3. City Council direct that any compensation for the use of the future public park in accordance with Part 2 above, be charged in the same manner as set out in Municipal Code Chapter 441 (Fees and Charges), Appendix C - Schedule 2, Transportation Services, Ref. No. 38 describing fees to temporarily occupy a portion of sidewalk or boulevard, or, as otherwise may be agreed between the parties, and to the satisfaction of the General Manager, Parks, Forestry and Recreation. 4. City Council authorize the City Solicitor and necessary City staff to take such further actions as necessary to give effect to City Council's decision. The balance of Confidential Attachment 1 to the report (March 2, 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 (March 2, 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 the Confidential Attachment 1. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor, once adopted by City Council. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 2, 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.
MM41.10adopted
The King-Sumach Plaza Belt comprises mostly City-owned lands located under or adjacent to the Richmond Street East, Adelaide Street East and Eastern Avenue overpass network. The addresses include 1 Sumach Street, 440-450 King Street East and 513 King Street East. They are currently large unpaved dirt parking lots and an eyesore to the community. They create a hindrance for public safety and are under-utilized public space. The King-Sumach Plaza Belt was identified for revitalization, as outlined in the King-Parliament Secondary Plan, in September 2019. The plan outlines public realm improvements such as: Pedestrian and cyclist safety, comfort and accessibility under or adjacent to the overpass network; Pedestrian and cyclist connectivity under or adjacent to the overpass network between the West Don Lands, Distillery District, Corktown and Queen Street Policy Areas; and Meaningful opportunities for placemaking and gathering. It also outlines improvements that will be achieved over time through development and capital investment like: streetscape improvements, including but not limited to, new trees, seating and landscaping along King Street East, Sumach Street and Cherry Street; and high quality paving materials, new trees, seating, lighting, public art, heritage interpretation, programming, landscaping and integration of stormwater capture where possible, on City-owned lands located under the overpass network. These are very welcomed public realm improvements, yet it is concerning that they will not be realized for many years. Recently, 1 Sumach Street became a development site under review for rezoning. This creates an unexpected opportunity to accelerate the design work and public consultation to determine new urban design options post-rehabilitation. Given the size and great potential of the King-Sumach Plaza Belt, the unsafe condition and poor maintenance can not be allowed to persist. Residents of Corktown, Distillery and the West Don Lands deserve to know how the City is proactively meeting the official public realm objectives in the King-Parliament Secondary Plan.
City Council on March 9, 2022, adopted the following: 1. City Council direct the General Manager, Transportation Services to determine the feasibility of accelerating the rehabilitation, placemaking plan public realm improvements for the King-Sumach Plaza Belt as per the King-Parliament Secondary Plan, and with local Section 37 funds, to ensure the planning and design rehabilitation work includes interim and/or permanent public realm improvements and to report back to the Infrastructure and Environment Committee as soon as possible and no later than the first quarter of 2023.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Mike Layton, recommends that: 1. City Council direct the General Manager, Transportation Services to determine the feasibility of accelerating the rehabilitation, placemaking plan public realm improvements for the King-Sumach Plaza Belt as per the King-Parliament Secondary Plan, and with local Section 37 funds, to ensure the planning and design rehabilitation work includes interim and/or permanent public realm improvements and to report back to the Infrastructure and Environment Committee as soon as possible and no later than the First Quarter of 2023.
CC41.11adopted
1521 Queen Street West - Zoning Amendment - Request for Directions
On November 8, 2019, a Zoning By-law Amendment application was submitted for the property at 1521 Queen Street West (the "Site"), proposing to amend Zoning By-laws 569-2013 and 438-86 to permit the construction of a new eight-storey mixed-use building with an overall height of 30.9 metres (the "Original Proposal"). The Original Proposal proposed 78 residential units and approximately 300 square metres of retail space on the ground floor, with a total gross floor area of approximately 5,923 square metres. The Original Proposal was deemed complete on December 6, 2019. The application was appealed to the Ontario Land Tribunal (the "OLT") on November 2, 2020 due to the City's failure to make a decision within the prescribed time period set out in the Planning Act. The OLT conducted one Case Management Conference on June 8, 2021 and scheduled a 13-day hearing commencing on May 17, 2022. The applicant provided revised plans to the OLT on January 21, 2022, which addressed some of the City's issues with the Original Proposal. The purpose of this report is to request further instructions for the OLT hearing that is scheduled to commence on May 17, 2022. City Planning has been involved in the preparation of this report.
City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 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 (March 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege and litigation privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 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 February 28, 2022 in Confidential Appendix A to the report (March 2, 2022) from the City Solicitor, and the revised plans generally in accordance with Confidential Appendix B to the report (March 2, 2022) from the City Solicitor, for the lands municipally known as 1521 Queen Street West (the "Site"), subject to Part 2 to 7 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing in support of the revised development proposal as described in the settlement offer and the revised plans in accordance with Confidential Appendices A and B to the report (March 2, 2022) from the City Solicitor. 3. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council accept cash-in-lieu of a parkland contribution pursuant to Section 42 of the Planning Act and Chapter 415, Article III of the Toronto Municipal Code. 4. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Toronto East York District and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate divisions; b. the owner has entered into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement(s) registered on title to 1521 Queen Street West, in a manner satisfactory to the City Solicitor to secure the matters set out in Part 5 below; c. revised Landscape Plans have been submitted that are in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning, the General Manager of Parks, Forestry and Recreation and the City Solicitor; and d. the owner has made satisfactory arrangements for the withdrawal of its appeal of Official Plan Amendment 445 (Parkdale Main Street and West Queen West Site and Area Specific Policy) and associated Zoning By-laws. 5. City Council authorize the entering into of an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the City Solicitor to secure the following matters at the Owner's expense as a legal convenience to support the development: a. a cash contribution of one million dollars ($1,000,000.00) to the City's Capital Revolving Reserve Fund for Affordable Housing, to be paid prior to the earlier of issuance of notice of approval conditions for site plan approval for the development, issuance of the first building permit for the construction of the development, or eighteen (18) months from the date of Council endorsement of the Settlement Offer, to be allocated towards the City's Multi-Unit Residential Acquisition Program to facilitate the acquisition of affordable housing in the Parkdale neighbourhood; b. the cash contribution referred to in Part 5.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 Agreement to the date of payment; c. a cash contribution of two-hundred thousand dollars ($200,000.00) for tenant compensation and reasonable administration costs to be allocated to the 2022 Approved Operating Budget for Shelter, Support and Housing Administration and to be paid upon the execution and registration of the Section 37 Agreement and upon the issuance of a Final Order by the Tribunal approving the development, and administered in accordance with an agreement between the City and the Parkdale Neighbourhood Land Trust; d. any remaining unused and unallocated funds referred to in Part 5.c. above shall be allocated towards the City's Multi-Unit Residential Acquisition Program to facilitate the acquisition of affordable housing in the Parkdale neighbourhood; e. the following transportation demand management measures to support the development: i. a payment of fifty thousand dollars ($50,000.00) payable to the City prior to first above grade building permit to provide a new bike-share station on the Site or the surrounding area; ii. one car-share membership per unit, offered in the first five years of occupancy; iii. one bike-share membership per unit, offered in the first five years of occupancy; iv. one pre-loaded Presto card ($150.00 value) per unit, offered in the first five years of occupancy; and v. a minimum of one bike repair station provided on the Site; f. the owner shall provide and maintain the residential dwelling units on the Site, once constructed, as rental dwelling units, together with the associated facilities and amenities, for a period of at least twenty (20) years beginning from the date of first residential occupancy with no applications for demolition or conversion from residential rental use made during such twenty (20) year period, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and g. the owner shall at the time of and through the Site Plan Approval process for the proposed development secure improvements to the architecture and materiality of the building. 6. City Council acknowledge that an application under Chapter 667 of the City's Municipal Code, "Residential Rental Property Demolition and Conversion Control" pursuant to Section 111 of the City of Toronto Act, 2006 is not required for the development proposal on the Site, and that the settlement offer referred to in Part 1 above and matters secured in the section 37 agreement referred to in Part 5 above, once secured, will comprehensively resolve any rental housing replacement issues in respect of the redevelopment of the Site; the Owner or any subsequent owners of the Site will have no further obligations to the City with respect to dwelling unit and/or dwelling room replacement in respect of the redevelopment of the Site and any matters arising prior to the date of this settlement offer. 7. City Council increase the 2022 Approved Operating Budget for Shelter, Support and Housing Administration on a one-time basis by up to $200,000.00 gross, $0 net, for transfer to Parkdale Neighbourhood Land Trust for the purposes of distributing compensation to former tenants and reasonable administration costs (Cost Centre: FD5101) fully funded by Section 37 (Planning Act Reserve Funds) community benefits from the development at 1521 Queen Street West (account number 220096), in the amount of $200,000.00. 8. City Council approve forwarding up to a maximum of $200,000.00 to the Parkdale Neighbourhood Land Trust, subject to the Parkdale Neighbourhood Land Trust signing an agreement with Shelter, Support and Housing Administration governing the transfer of the funds to tenants and administration requirements. 9. City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision. Confidential Appendices A and B to the report (March 2, 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 (March 2, 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 and litigation privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, and Confidential Appendices A and B, if adopted by City Council. 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 and litigation privilege.
MM41.11adopted
The Bum Run event began ten years ago to raise public awareness of the fact that 90 percent of colon cancer deaths are preventable by early diagnosis. Through collaboration with surgeons, hospital staff, friends and families the event was created in order to raise funds for early diagnosis clinics, facilitation and awareness of the benefits of preventative action. The Bum Run is the only Toronto-hosted event that is registered as 100 percent non-profit. All funds raised are used toward the cause, cure and awareness campaign. The Bum Run is an unpaid volunteer event. Although there is a fundraising registration fee for a timing chip, it is an open, no-fee event. All are invited to participate in the event for free by simply showing up. The user fee charged for an Athletic Event for permission to fully or partially close/occupies an expressway, major arterial, minor arterial and collector roads for the purpose of holding an Athletic Event increased to $3,870.46 per event. Toronto City Council is being asked to waive the user fees for this street event as a means to support colon cancer awareness.
City Council on March 9, 2022, adopted the following: 1. City Council direct the General Manager, Transportation Services to waive the permit fee charged for the Bum Run's 2022 event (Fee Ref. 61.07, Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 2, Transportation Services).
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Mike Layton, recommends that: 1. City Council direct the General Manager, Transportation Services to waive the permit fee charged for the Bum Run's 2022 event (Fee Ref. 61.07, Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 2, Transportation Services).
CC41.12adopted
169 The Donway West - Request for Directions regarding Ontario Land Tribunal Appeal
The City Solicitor has received a with-prejudice settlement offer regarding lands at 169 The Donway West (the "Settlement Offer" attached as Public Appendix "A"). This report will outline the Settlement Offer, its associated challenges, the relationship between 169 The Donway West and 966 Don Mills, and offer confidential advice from the City Solicitor related to the Settlement Offer.
City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 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 (March 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 2, 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 (March 2, 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 dated February 28, 2021 attached as Public Appendix A to the report (March 2, 2022) from the City Solicitor (the "Settlement Offer") provided that within ten business days of the adoption of this City Council decision, the Don Mills Residents Inc. elects either Part 1a. or Part 1b. below as follows: a. within ten business days of the adoption of this City Council decision, the Don Mills Residents Inc. withdraws its appeal to the Court of Appeal in the matter CV-19-623680; and provides a written communication to the City Solicitor, undertaking that the organization will not appeal or cause to be appealed the Rezoning and Official Plan Amendment for the lands at 966 Don Mills Road as adopted by City Council on November 9, 2021 to the Ontario Land Tribunal; or b. within ten business days of the adoption of this City Council decision, the Don Mills Residents Inc. enters into Minutes of Settlement with the City, to the satisfaction of the City Solicitor, in which it agrees that: i. the Don Mills Residents Inc. will modify its appeal to the Court of Appeal in the matter CV-19-623680, to withdraw its request for injunctive relief/specific performance requiring the construction of the community centre at 966 Don Mills Road and regarding the use of the 17 million dollars (indexed) in Section 37 money related to the community centre; ii. the Don Mills Residents Inc.'s requests for declaratory relief and a trial to determine consequential (monetary) damages would continue, but an upper limit of $450,000 would be set on the damages that could be claimed by the Don Mills Residents Inc.; and iii. the Don Mills Residents Inc. will not appeal or cause to be appealed the Rezoning and Official Plan Amendment for the lands at 966 Don Mills Road as adopted by City Council on November 9, 2021 to the Ontario Land Tribunal. 2. City Council authorize the City Solicitor to advise the Ontario Land Tribunal that the City supports the request by owner that the Ontario Land Tribunal revise its decision in matter PL160225 to allow the development proposal to proceed as generally described in the Settlement Offer. 3. Should the Ontario Land Tribunal agree to revise its decision in this matter, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form and content of the Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate divisions; b. the owner has entered into an agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement(s) registered on title to 169 The Donway West, in a manner satisfactory to the City Solicitor to secure the community benefits and matters of legal convenience at the owner's expense, as set out in Part 4 below; c. the owner has, at the owner's expense provided an updated Functional Servicing and Stormwater Management Report; to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and d) the owner has submitted a complete Site Plan Application to the City. 4. City Council authorize the entering into of an agreement pursuant to Section 37 of the Planning Act as follows, satisfactory to the City Solicitor: a. the community benefits offered in the Settlement Offer and recommended to be secured in the Section 37 Agreement are as follows: i. A contribution of four million dollars (indexed) to be put toward a community space of approximately 1,766 square metres (19,000 square feet) of gross floor area to be provided on the first storey of the proposed building at 169 The Donway West (the " Community Space"); the owner shall construct and finish the Community Space at its own cost, inclusive of all fixtures, and shall also provide furnishings and equipment for the Community Space, to a maximum cost of $350,000.00; the Community Space will be conveyed to the City at a nominal cost upon the earlier of completion of the Community Space; registration of a condominium corporation at 169 The Donway; or first occupancy of 169 The Donway and will be operated by the City or a third party operator; and ii. the Community Space will be finished with flexible meeting/fitness spaces, gymnasium/auditorium area and associated changing rooms and washrooms, administrative space, and an integrated walking track, and the facility will be fully accessible for people with disabilities and will have visible frontage and signage; the City and the owner shall work together to finalize the details of the design, construction and finishes of the Community Space that is acceptable to both parties, prior the issuance of any above grade permits for the building at 169 The Donway West, to the satisfaction of General Manger, Parks, Forestry and Recreation; and b. the matters to be secured as a legal convenience in the Section 37 Agreement are as follows: i. a minimum of ten percent three bedroom units and twenty percent two bedroom units shall be provided; and ii. the parking rate as set out in the Settlement Offer will be supplemented by three additional Travel Demand Management measures agreed to by the owner: a. one Bikeshare station will be provided (financial contribution of $50,000); b. preloaded Presto Cards with a value of $150.00 shall be provided to each unit; and c. five dedicated carshare spaces which shall be located on P1 Level and accessible to the public. 5. City Council approve a development charge credit against the Parks, Forestry and Recreation component of the Development Charges for the constructing and finishing by the owner of the Community Space at 169 The Donway West to the satisfaction of the General Manager, Parks, Forestry and Recreation, the total Parks, Forestry and Recreation component of overall Development Charges for 169 The Donway West is currently estimated at up to $2.89 million based on November 2020 rates; that amount shall be indexed to the date of the pulling of the first above grade building permit (the "Indexed Amount"); if the Parks, Forestry and Recreation component of the Development Charges payable at the time is more than the Indexed Amount, CF/Lanterra shall receive credits equivalent to the actual costs of constructing and finishing the Community Space (less the indexed $4 million) Section 37 contribution to be paid by the owner), to a maximum of the total available Parks, Forestry and Recreation credit; if the Parks, Forestry and Recreation component of the Development Charges payable at the time is less than the Indexed Amount, the difference between the Indexed Amount and the Parks, Forestry and Recreation component will be paid to owner by Parks, Forestry and Recreation from a Section 42 Reserve Fund to offset the actual costs of constructing and finishing the Community Space. 6. City Council amend Item NY26.2 adopted on November 9, 10 and 12, 2021 as follows: i. Part 5 of Council's decision shall be amended so that it now reads: 5. City Council direct CreateTO and the Executive Director, Corporate Real Estate Management, in consultation with other City divisions, to consider the feasibility of a not-for-profit long-term care facility as a potential future use for the 966 Don Mills Road site and to work with the principals of the Thompson House and Don Mills Residents Inc. on a business case, including fit and requisite funding; i. Part 6 of the instructions to Staff from City Council shall be amended so that it now reads: 6. City Council direct staff to form a working group on the potential future uses of the public lands at 966 Don Mills Road; the group shall be formed after the City takes possession of the lands and shall include at a minimum 3 members of the executive of the Don Mills Residents Inc. and other members of the community, which shall include the possible use of the lands for the development of a new, non-profit long term care home; the working group shall be consulted at least 3 times before a report on the future use of the lands at 966 Don Mills Road is presented to City Council. 7. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. The balance of Confidential Attachment 1 to the report (March 2, 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. 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 the Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege.
MM41.12adopted
The St. James Town neighbourhood experiences high rates of food insecurity. Although it is very densely populated, it is served only by two grocery stores, which do not ensure affordable access to healthy, fresh, culturally-appropriate food for low-income residents. The St. James Town Food Table is an exciting opportunity to bring a critical and community-led service to St. James Town. The St. James Town Community Food Table was established in January 2021, following direction from City Council and convened with representation from community agencies, residents and residential apartment owner groups, including Toronto Community Housing Corporation and City divisions. The intent of establishing the Food Table was to lead the development of a collaborative framework to address food security in the St James Town neighbourhood. The key actions were established by members of the Food Table along with city staff. They include: 1) Developing emergency response teams in buildings that can provide residents with food and water during a sudden event such as a power outage or fire; 2) Ensuring residents are engaged in the development and implementation of food programming in the neighbourhood; and 3) Mobilizing spaces for food programing in St. James Town. The vision of the food table is as follows: "A collaborative, resident-led, and sustainable food system that secures healthy, culturally appropriate, quality food that is equitable and just for the community of St. James Town. We envision this neighbourhood system as a part of City and regional food systems." The Hub draws on the Neighbourhood Pod model, currently supported by the City as a local response to the pandemic. The idea is that pods facilitate and build community capacity and social capital that already exist within neighbourhoods. In order to support the mandate of the Interim Collaborative Framework, one-time funds of $50,000 will be made available as part of the Request for Expressions of Interest Process for the 200 Wellesley Food Hub. Toronto Community Housing has committed to spending $1 million dollars, yet there is a missing balance of $967,000 for the kitchens, which includes countertop, millwork, electrical rough-ins, plumbing work and appliances, as well as elevators, and allowance for entrance reception storefront and interior fit outs of pantry, office and storage space.
City Council on March 9, 2022, adopted the following: 1. City Council increase the 2022 approved Operating Budget for Shelter, Support and Housing Administration on a one-time basis by $967,000.00 gross, $0 net, for transfer to Toronto Community Housing Corporation in order to undertake capital building upgrades to the building at 200 Wellesley Street East necessary to create a Food Hub, (cost centre: FD5101) fully funded by Section 37 (Planning Act Reserve Funds) community benefits from the following developments: a. 480-494 Yonge Street and 3 Grosvenor Street, secured for capital improvements for new or existing cultural and/or community space in the Ward, in the amount of $617,655.00 (source account XR3026-3700911); and b. 88 Queen Street East, 10 Mutual Street and parts of 30-50 Mutual Street, secured for community, recreation and/or cultural space improvements, in the amount of $349,345.00 (source account XR3026-3701155). 2. City Council direct that $967,000 be forwarded to Toronto Community Housing Corporation, subject to Toronto Community Housing Corporation signing an Undertaking governing the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Mike Layton, recommends that: 1. City Council increase the 2022 approved Operating Budget for Shelter, Support and Housing Administration on a one-time basis by $967,000.00 gross, $0 net, for transfer to Toronto Community Housing Corporation in order to undertake capital building upgrades to the building at 200 Wellesley Street East necessary to create a Food Hub, (cost centre: FD5101) fully funded by Section 37 (Planning Act Reserve Funds) community benefits from the following developments: 480-494 Yonge Street and 3 Grosvenor Street, secured for capital improvements for new or existing cultural and/or community space in the Ward, in the amount of $617,655.00 (source account XR3026-3700911); and 88 Queen Street East, 10 Mutual Street and parts of 30-50 Mutual Street, secured for community, recreation and/or cultural space improvements, in the amount of $349,345.00 (source account XR3026-3701155). 2. City Council direct that $967,000 be forwarded to Toronto Community Housing Corporation, subject to Toronto Community Housing Corporation signing an Undertaking governing the use of the funds and the financial reporting requirements.
CC41.13adopted
On September 1, 2020, the City received a Zoning By-law Amendment application for 630-686 Finch Avenue East (the "Site") to permit a new 12-storey mixed-use building with a height of 43.25 metres plus 5.5 metres for the mechanical penthouse. The proposed development would have a total gross floor area of 28,333 square metres, with 206 residential units and 897 square metres of non-residential gross floor area. Vehicular access would be from two locations on Finch Avenue East and there would be no vehicular access from Banstock Drive. On June 3, 2021, the City received a Site Plan Control application for the Site. The applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment, along with its Site Plan Control application (together the "Appeal"), to the Ontario Land Tribunal (the "OLT") on August 16, 2021. The OLT has scheduled a Case Management Conference for March 28, 2022.
City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 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 (March 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 2, 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 (March 2, 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 as described in Public Attachment 1 and Public Attachment 2 (the "Settlement Offer") to the report (March 2, 2022) from the City Solicitor and subject to the Parts below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal case management conference on this matter in support of the Settlement Offer for 630-686 Finch Avenue East (the "Site"). 3. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, 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 owner has resubmitted the Functional Servicing and Stormwater Management Report and Hydrogeological Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner 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; d. the residential visitor parking rate has been resolved to the satisfaction of the General Manager, Transportation Services; and e. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor has been executed and registered on title to the satisfaction of the City Solicitor, securing the community benefits and matters of legal convenience to support the development described in Part 5 below. 4. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its Order(s) on the Site Plan Control application until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the City has issued Notice of Approval Conditions to the satisfaction of the Chief Planner and Executive Director, City Planning. 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: a. the community benefit offered in the Settlement Offer and recommended to be secured in the Section 37 Agreement is as follows: i. an upwardly indexed cash contribution of two million four hundred thousand dollars ($2,400,000.00) to be paid by the owner prior to the issuance of the first above-grade building permit for the proposed development, to be allocated for improvements to local parks and/or community facilities in the vicinity of the Site, including improvements to the Toronto Public Library - Hillcrest branch, to be determined by the Chief Planner and Executive Director, City Planning, consultation with the Ward Councillor; and b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. the owner shall 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 approximately 537 square metres in size located along Banstock Drive as shown in the Revised Plans in Public Attachment 2 to the report (March 2, 2022) from the City Solicitor; the owner 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, North 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; and ii. the owner will provide a publicly accessible pedestrian mid-block connection at ground level through the proposed building from Finch Avenue East to Banstock Drive (the "Midblock Connection"), to be secured by means of a surface pedestrian public easement, and to include access to the mid-block connection elevator, in the location as generally shown on the Revised Plans found at Public Attachment 2 to the report (March 2, 2022) from the City Solicitor, the final location and design of which will be secured as part of and through the Site Plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 6. 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. The balance of Confidential Attachment 1 to the report (March 2, 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 (March 2, 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 (March 2, 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 (March 2, 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 (March 2, 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.
MM41.13adopted
At its meeting on May 28, 2020, City Council adopted the Recommendations in the Report (February 25, 2020) from the Director, Community Planning, Scarborough District approving amendments to Zoning By-law 569-2013 and the Highland Creek Community Zoning By-law 10827, to permit the development of 8 detached homes, 20 semi-detached homes and 16 townhouse units. After the statutory public meeting held at Scarborough Community Council on March 12, 2020, and after the May 28, 2020, City Council meeting it was determined by Toronto Buildings that the draft Zoning By-law Amendments found in Attachments 7 and 8 to the Planning Report required minor amendments to correct technical deficiencies that brought about by continued refinement of the proposal through concurrent review of the Plan of Subdivision application. The built form of the development has not changed. This is an urgent matter as the Zoning By-law Amendments require the minor amendments to be made prior to their enactment by City Council in order for building permits to be issued. Construction will be further delayed if the By-laws are not enacted at the March 9, 2022 City Council meeting.
City Council on March 9, 2022, adopted the following: 1. City Council amend Zoning By-law 569-2013, for the lands at 6175, 6183 Kingston Road, 1, 2, 4, 5, 7, 10 and 11 Franklyn Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (February 25, 2020) from the Director, Community Planning, Scarborough District, with Attachment 7 amended as follows: a. by deleting and replacing Site Specific Provision 5 (A), so that it reads: (A) For all parcels, the required parking space must be located in a parking garage attached to each residential unit.; b. by deleting and replacing Site Specific Provisions 5 (B) (iii), B (iv), B (xi), B (xiv), so they read: (iii) Despite regulation 10.5.40.10(1), the height of a building for units 1 to 8, is measured from the Canadian Geodetic Datum elevation of 118.31 metres; (iv) Despite regulation 10.5.40.10(1), the height of a building for units 19 to 26 , is measured from the Canadian Geodetic Datum elevation of 116.75 metres; (xi) Despite regulation 10.60.40.10(1), the permitted maximum height of a building or structure is 12.35 metres; (xiv) Despite regulation 10.5.40.60(1)(D) in the rear yard of lot /parcel 26, a platform with a floor higher than the first storey of the building above established grade may encroach into the required rear yard setback 1.5 metres, if it is no closer to a side lot line than the required side yard setback plus 1.8 metres as shown on Diagram 4; c. by adding (xvi) and (xvii) to Site Specific Provisions 5 B as follows: (xvi) For the purposes of establishing the first floor for regulation (xii) above, the first floor is the first storey above established grade . (xvii) Regulation 10.60.40.80 (1) shall not apply.; d. by deleting and replacing Site Specific Provisions 5 C (i) and (C) (iii) so that they read: (i) Despite regulation 10.5.40.70(1) and clause 10.60.40.70, the required minimum building setbacks are as shown on Diagram 6 of By-law No. XX-2020. (iii) Despite regulation 10.60.30.10, the required minimum lot area for each lot /parcel is as follows: (a) Lot /Parcel 37: 240 square metres; (b) Lots /Parcels 44, 39, 38: 300 square metres; (c) Lots /Parcels 40, 43: 350 square metres; and (d) Lots /Parcels 41, 42: 400 square metres; e. by adding (ix) and (x) to Site Specific Provisions 5 (C) as follows: (ix) For the purposes of establishing the first floor for regulation (viii) above, the first floor is the first storey above established grade . (x) Despite regulation 10.5.40.10(1), the height of a building , is measured from the Canadian Geodetic Datum elevation of 117.00 metres; f. by deleting and replacing Site Specific Provisions 5 (D) (vi), D (vii), D (xiv) so that they read: (vi) Despite regulation 10.60.40.10(1), the permitted maximum height of a building or structure on Lots /Parcels 9-17, 18, and 21-32 is 12.35 metres; (vii) Despite regulation 10.60.40.10(2), the permitted maximum number of storeys of a building or structure on Lots /Parcels 9-17, 18, and 21-32 is 3; (xiv) A permitted platform in a rear yard must not project beyond the rear main wall of the first floor for lots/parcels 9-18 and lots /parcels 27-32, as shown on Diagram 5; g. by adding (xviii), (xix), and (xx) to Site Specific Provisions 5 (D) as follows: (xviii) Despite regulation 10.5.40.10 (1), the height of a building for units 9 to 18 and 27 to 32, is measured from the Canadian Geodetic Datum elevation of 117.54; (xix) Despite regulation 10.5.40.10(1), the height of a building for units 33 to 36. , is measured from the Canadian Geodetic Datum elevation of 116.86 metres; (xx) For the purposes of establishing the first floor , the first floor is the first storey above established grade ; and h. by deleting and replacing Diagram 1, Diagram 2, Diagram 3, Diagram 4, Diagram 5, and Diagram 6 with the Diagrams 1 to 6 attached to Motion MM41.13. 2. City Council amend the Highland Creek Community Zoning By-law 10827, for the lands at 6175, 6183 Kingston Road, 1, 2, 4, 5, 7, 10 and 11 Franklyn Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (February 25, 2020) from the Director, Community Planning, Scarborough District, with Attachment 8 amended as follows: a. by further amending Clause 1 to add a definition for First Floor to Clause V _ Interpretation as follows: First Floor Means the first storey above established grade.; b. by amending Clause 2 by deleting and replacing Schedule 'A', so that it reads: SCHEDULE 'A' is amended by deleting the current zoning for the lands outlined in Schedule '1' and replacing it with the following so that the amended zoning shall read as follows: S-99C-159-208-270-383-385-415-586-593-594-595-600 T-99C-159-208-268-270-386-403-586-587-588-589-590-591-592-594-595-597-601 T-99C-159-208-268-270-384-415-586-587-588-589-590-591-592-594-595-597-602 ST-99C-159-160-208-270-285-382-403-579-580-581-582-583-584-585-587-591-592-594-595-596-598-599; c. by amending Clause 2 by deleting and replacing Performance Standard 383, so that it reads: 383. The minimum lot frontages and minimum lot areas for Lots 37-44, as identified on Schedule '1', are as follows: Lot/Parcel Number Minimum Lot Area Minimum Lot Frontage Lots/Parcels 37 240 square metres 10.0 metres Lots/Parcels 44, 39, 38 300 square metres 9.0 metres Lots/Parcels 40, 43 350 square metres 9.0 metres Lots/Parcel 41, 42 400 square metres 9.0 metres d. by amending Clause 2 by adding Performance Standards 598, 599, 600, 601, and 602, so that they read: 598. The height of a building for units 1 to 8, is measured from the Canadian Geodetic Datum elevation of 118.31 metres; 599. The height of a building for units 19 to 26, is measured from the Canadian Geodetic Datum elevation of 116.75 metres; 600. Despite regulation 10.5.40.10(1), the height of a building , is measured from the Canadian Geodetic Datum elevation of 117.00 metres; 601. Despite regulation 10.5.40.10 (1), the height of a building for units 9 to 18 and 27 to 32, is measured from the Canadian Geodetic Datum elevation of 117.54; 602. Despite regulation 10.5.40.10(1), the height of a building for units 33 to 36. , is measured from the Canadian Geodetic Datum elevation of 116.86 metres; e. by amending Clause 2 by deleting and replacing Performance Standard 159, so that it reads: 159. Minimum building setbacks shall comply with those shown on Schedule '2', Schedule '3' and Schedule '4' of By-law No XX-2020.; f. by amending Clause 3 by adding the words "accompanying schedule 5" to Exception 63, so that it reads: 63. On those lands identified as Exception No. 63 on the accompanying Schedule "5" map the following provisions shall apply: Notwithstanding the definition of Street Townhouse Dwelling contained within CLAUSE V, INTERPRETATION, Section (f), Street Townhouse Dwelling shall be permitted to have frontage on a private road. SCHEDULE "C" EXCEPTION MAP is amended by deleting Exception Number 11 and adding Exception Number 47 and 63 to the property shown outlined on Schedule '4'; and g. by deleting and replacing Schedule 1, Schedule 2, Schedule 3, Schedule 4, and Schedule 5 with Schedules 1 to 5 attached to Motion MM41.13. 3. City Council determine that no further notice is required to be given in respect of these changes under section 34(17) of the Planning Act, RSO.
Staff recommendation as filed
Councillor Jennifer McKelvie, seconded by Councillor Paul Ainslie, recommends that: 1. City Council amend Zoning By-law 569-2013, for the lands at 6175, 6183 Kingston Road, 1, 2, 4, 5, 7, 10 and 11 Franklyn Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (February 25, 2020) from the Director, Community Planning, Scarborough District, with Attachment 7 amended as follows: a. by deleting and replacing Site Specific Provision 5 (A), so that it reads: (A) For all parcels, the required parking space must be located in a parking garage attached to each residential unit. b. by deleting and replacing Site Specific Provisions 5 (B) (iii), B (iv), B (xi), B (xiv), so they read: (iii) Despite regulation 10.5.40.10(1), the height of a building for units 1 to 8, is measured from the Canadian Geodetic Datum elevation of 118.31 metres; (iv) Despite regulation 10.5.40.10(1), the height of a building for units 19 to 26 , is measured from the Canadian Geodetic Datum elevation of 116.75 metres; (xi) Despite regulation 10.60.40.10(1), the permitted maximum height of a building or structure is 12.35 metres; (xiv) Despite regulation 10.5.40.60(1)(D) in the rear yard of lot /parcel 26, a platform with a floor higher than the first storey of the building above established grade may encroach into the required rear yard setback 1.5 metres, if it is no closer to a side lot line than the required side yard setback plus 1.8 metres as shown on Diagram 4; c. by adding (xvi) and (xvii) to Site Specific Provisions 5 B as follows: (xvi) For the purposes of establishing the first floor for regulation (xii) above, the first floor is the first storey above established grade . (xvii) Regulation 10.60.40.80 (1) shall not apply. d. bydeleting and replacing Site Specific Provisions 5 C (i) and (C) (iii) so that they read: (i) Despite regulation 10.5.40.70(1) and clause 10.60.40.70, the required minimum building setbacks are as shown on Diagram 6 of By-law No. XX-2020. (iii) Despite regulation 10.60.30.10, the required minimum lot area for each lot /parcel is as follows: (a) Lot /Parcel 37: 240 square metres; (b) Lots /Parcels 44, 39, 38: 300 square metres; (c) Lots /Parcels 40, 43: 350 square metres; and (d) Lots /Parcels 41, 42: 400 square metres; e. by adding (ix) and (x) to Site Specific Provisions 5 (C) as follows: (ix) For the purposes of establishing the first floor for regulation (viii) above, the first floor is the first storey above established grade . (x) Despite regulation 10.5.40.10(1), the height of a building , is measured from the Canadian Geodetic Datum elevation of 117.00 metres; f. by deleting and replacing Site Specific Provisions 5 (D) (vi), D (vii), D (xiv) so that they read: (vi) Despite regulation 10.60.40.10(1), the permitted maximum height of a building or structure on Lots /Parcels 9-17, 18, and 21-32 is 12.35 metres; (vii) Despite regulation 10.60.40.10(2), the permitted maximum number of storeys of a building or structure on Lots /Parcels 9-17, 18, and 21-32 is 3; (xiv) A permitted platform in a rear yard must not project beyond the rear main wall of the first floor for lots/parcels 9-18 and lots /parcels 27-32, as shown on Diagram 5; g. by adding (xviii), (xix), and (xx) to Site Specific Provisions 5 (D) as follows: (xviii) Despite regulation 10.5.40.10 (1), the height of a building for units 9 to 18 and 27 to 32, is measured from the Canadian Geodetic Datum elevation of 117.54; (xix) Despite regulation 10.5.40.10(1), the height of a building for units 33 to 36. , is measured from the Canadian Geodetic Datum elevation of 116.86 metres; (xx) For the purposes of establishing the first floor , the first floor is the first storey above established grade ; and h. by deleting and replacing Diagram 1, Diagram 2, Diagram 3, Diagram 4, Diagram 5, and Diagram 6 with the Diagrams 1 to 6 attached to Motion MM41.13. 2. City Council amend the Highland Creek Community Zoning By-law 10827, for the lands at 6175, 6183 Kingston Road, 1, 2, 4, 5, 7, 10 and 11 Franklyn Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (February 25, 2020) from the Director, Community Planning, Scarborough District, with Attachment 8 amended as follows: a. by further amending Clause 1 to add a definition for First Floor to Clause V _ Interpretation as follows: First Floor Means the first storey above established grade. b. by amending Clause 2 by deleting and replacing Schedule 'A', so that it reads: SCHEDULE 'A' is amended by deleting the current zoning for the lands outlined in Schedule '1' and replacing it with the following so that the amended zoning shall read as follows: S-99C-159-208-270-383-385-415-586-593-594-595-600 T-99C-159-208-268-270-386-403-586-587-588-589-590-591-592-594-595-597-601 T-99C-159-208-268-270-384-415-586-587-588-589-590-591-592-594-595-597-602 ST-99C-159-160-208-270-285-382-403-579-580-581-582-583-584-585-587-591-592-594-595-596-598-599 c. by amending Clause 2 by deleting and replacing Performance Standard 383, so that it reads: 383. The minimum lot frontages and minimum lot areas for Lots 37-44, as identified on Schedule '1', are as follows: Lot/Parcel Number Minimum Lot Area Minimum Lot Frontage Lots/Parcels 37 240 square metres 10.0 metres Lots/Parcels 44, 39, 38 300 square metres 9.0 metres Lots/Parcels 40, 43 350 square metres 9.0 metres Lots/Parcel 41, 42 400 square metres 9.0 metres d. by amending Clause 2 by adding Performance Standards 598, 599, 600, 601, and 602, so that they read: 598. The height of a building for units 1 to 8, is measured from the Canadian Geodetic Datum elevation of 118.31 metres; 599. The height of a building for units 19 to 26, is measured from the Canadian Geodetic Datum elevation of 116.75 metres; 600. Despite regulation 10.5.40.10(1), the height of a building , is measured from the Canadian Geodetic Datum elevation of 117.00 metres; 601. Despite regulation 10.5.40.10 (1), the height of a building for units 9 to 18 and 27 to 32, is measured from the Canadian Geodetic Datum elevation of 117.54; 602. Despite regulation 10.5.40.10(1), the height of a building for units 33 to 36. , is measured from the Canadian Geodetic Datum elevation of 116.86 metres; e. by amending Clause 2 by deleting and replacing Performance Standard 159, so that it reads: 159. Minimum building setbacks shall comply with those shown on Schedule '2', Schedule '3' and Schedule '4' of By-law No XX-2020. f. by amending Clause 3 by adding the words "accompanying schedule 5" to Exception 63, so that it reads: 63. On those lands identified as Exception No. 63 on the accompanying Schedule "5" map the following provisions shall apply: Notwithstanding the definition of Street Townhouse Dwelling contained within CLAUSE V, INTERPRETATION, Section (f), Street Townhouse Dwelling shall be permitted to have frontage on a private road. SCHEDULE "C" EXCEPTION MAP is amended by deleting Exception Number 11 and adding Exception Number 47 and 63 to the property shown outlined on Schedule '4'; and g. by deleting and replacing Schedule 1, Schedule 2, Schedule 3, Schedule 4, and Schedule 5 with Schedules 1 to 5 attached to Motion MM41.13. 3. City Council determine that no further notice is required to be given in respect of these changes under section 34(17) of the Planning Act, RSO.
CC41.14amended
2457938 Ontario Limited (the "Applicant") is the owner of the property municipally known as 3100-3200 Bloor Street West and 4-8 Montgomery Road (the "Subject Site"). The Subject Site currently contains a car dealership, car rental establishment, and a paved parking lot along Bloor Street, as well as three two-storey detached residential dwellings fronting onto Montgomery Road. To the north of the Subject Site are the Toronto Transit Commission ("TTC") subway tracks for the Bloor-Danforth Line 2. A portion of the Subject Site is found north of the TTC subway tracks. To the west of the Subject Site is the Mimico Creek. On June 8, 2020, the Applicant submitted Official Plan and Zoning By-law Amendment applications to the City (the "OPA and ZBLA Applications") to permit the development of a new 13-storey residential building with commercial uses at grade on the Subject Site (the "Original Proposal"). The Original Proposal included 319 dwelling units and 443 square metres of commercial space. As part of the development, the Applicant proposed to naturalize and convey to the Toronto and Region Conservation Authority ("TRCA") the portion of the Subject Site that is located below the top-of-bank along the western edge of the property. The TRCA has also requested the conveyance of the lands that fall within a 10 metre buffer between the top-of-bank line and the new building. On April 6, 2021 a related Site Plan Control application was also submitted by the Applicant for the Subject Site (the "Site Plan Application"). On January 19, 2021 the Applicant appealed the OPA and ZBLA Applications to the Ontario Land Tribunal ("OLT"). On May 11, 2021, the Applicant also appealed the Site Plan Application to the OLT. The consolidated appeals are known as OLT case number PL210087 (the "Appeal"). A case management conference was held on May 28, 2021 and a telephone conference status hearing was held on August 31, 2021. A 10 day hearing is scheduled to for May 30 to June 10, 2022. In addition to the City and the Applicant, the Thompson Orchard Community Association ("TOCA") is also a party to the Appeal. Local residents David Amato, Meghan Payne, and the Sunnylea Kingsway Community Association ("SKCA") have been granted participant status to the Appeal. City Council, in its decision regarding a Request for Directions Report by City Planning (dated June 4, 2021) instructed the City Solicitor and City staff to oppose the Original Proposal in its current form and to continue discussions with the Applicant in an attempt to resolve outstanding issues and report back on the outcome of those discussions. As a result, the City agreed to engage in without prejudice OLT-led mediation. The City attended mediation with the other parties to the Appeal, being the Applicant and TOCA, as well as the participants Mr. Amato and the SKCA, who elected to be involved for a part of the mediation proceedings. On March 1, 2022, the Applicant's counsel, Stikemann Elliot LLP, submitted to the City Solicitor a with prejudice settlement offer (the "Settlement Offer") based on revised architectural plans also dated March 1, 2022 and prepared by Kirkor Architects (the "Revised Plans"). The Settlement Offer is attached to this report as Public Attachment 1 and the Revised Plans are also attached as Public Attachment 2. The Settlement Offer and Revised Plans are described further in the "Comments" section below. The purpose of this report is to request instructions for the upcoming OLT hearing. City Planning has been involved in the preparation of this report.
City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff attached to motion 1 by Councillor Mark Grimes. 2. City Council direct that the confidential instructions to staff adopted by City Council be made public. 3. City Council direct that Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor remain confidential. The confidential instructions to staff attached to motion 1 by Councillor Mark Grimes were adopted by City Council and are now public as follows: 1. City Council accept the with prejudice Settlement Offer dated March 1, 2022, in Public Attachment 1 to the report (March 2, 2022) from the City Solicitor and as generally shown on the Revised Plans dated March 1, 2022, in Public Attachment 2 to the report (March 2, 2022) from the City Solicitor, in principle, subject to the further amendments described in Parts 2 and 3 below. 2. City Council require as a condition of settlement that the Applicant further amend the proposed development as generally shown on the Revised Plans dated March 1, 2022, in Public Attachment 2 to the report (March 2, 2022) from the City Solicitor, and submit update architectural plans to the City before the Ontario Land Tribunal hearing for this matter showing the following changes, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor: a. reduce the height of the 18-storey tower component by removing 2 storeys from the tower for a new maximum height of 16-storeys; b. increase the height of the 6-storey component by adding 1 additional storey for a new maximum height of 7-storeys, with the new 7th storey having south and east stepbacks from the top of the 6th storey of a minimum 3 metres along and wrapping around the corner of Bloor Street Avenue West and Montgomery Road and having a north stepback of a minimum 1 metre from the top of the 6th storey that matches the north stepback of the 10-storey component; and c. the amended plans, as described above, shall additionally demonstrate that there are no shadow impacts from the further revised building on the Neighbourhood designated properties north of the Subject Site along Montgomery Road. 3. City Council accept, if the Applicant makes the further amendments described in Part 2 above, a Section 37 community benefit from the Applicant of an indexed cash contribution of $2,690,000 to be secured in a Section 37 Agreement as set out in Part 5 below. 4. City Council, if the Applicant makes the further amendments described in Recommendation 2 above, authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised settlement proposal as modified by Parts 2 and 3 above. 5. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. an indexed cash contribution of $2,690,000 to be paid by the Application prior to the issuance of the first above-grade building permit for the proposed development, to be allocated for local area improvements in the vicinity of the Subject Property, to the satisfaction of the Chief Planner in consultation with the local Ward Councillor; b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and the City Solicitor, a privately-owned, publicly-accessible space ("POPS") located along the southeastern frontages of the Subject Property at the corner of Montgomery Road and Bloor Street West as generally shown on the Revised Plans dated March 1, 2022, in Public Attachment 2 to the report (March 2, 2022) from the City Solicitor and have a minimum area of not less than 200 square metres; 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 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, Etobicoke 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 agree to convey all lands below the proposed top-of-bank, within the 10 metre buffer adjoining the top-of-bank, and north of the Toronto Transit Commission subway tracks to the Toronto and Region Conservation Authority; iii. the Applicant 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 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 PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time; iv. the Applicant shall satisfy the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues and the provision of a construction management plan to address student safety; and v. the location, design, and construction of off-site sidewalk improvements by the Applicant to be funded by a development charge credit and funding allocated from Transportation Service's capital budget as described in Part 9 below. 6. City Council authorize the City Solicitor to request that the Ontario Land Tribunal issue an Order containing the following: a. the final form and content of the draft Official Plan and Zoning By-law Amendments to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and b. direction that the applicable community benefits and other matters in support of the development identified in Part 5, above, are to be secured in a Section 37 Agreement executed by the Applicant and the City and registered on title to the Subject Site, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 7. City Council authorize the City Solicitor to require the Applicant to complete the following matters prior to the Ontario Land Tribunal hearing and, in the event that one or more of these matters has not been completed by the Applicant, further authorize the City Solicitor to request at the City Solicitor's discretion that the Ontario Land Tribunal withhold its final Order until such time as the Tribunal has been advised by the City Solicitor that the outstanding matters have been completed or to request that the Tribunal impose as part of the Zoning By-law Amendment a Holding (H) Symbol be placed on the Subject Site until such time as the outstanding matters have been completed, all to the satisfaction of the City Solicitor: a. the Applicant has submitted all identified revisions required to submission materials related to site servicing and a revised Functional Servicing Report to determine the stormwater run-off, sanitary flow, and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; b. the Applicant has provided a revised Urban Transportation Considerations Report including a revised Transportation Demand Management Plan, satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning; c. the Applicant has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report and Traffic Impact Study/Urban Transportation Consideration Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; d. the Applicant 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 681-10, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; e. the Applicant has provided a revised Pedestrian Level Windy Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning; f. the Applicant 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; g. the Applicant 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; h. 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 Applicant's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; and i. the Applicant has satisfied the requirements of the Toronto Region and Conservation Authority regarding requested revisions to reports. 8. City Council authorize the City Solicitor to request that the Ontario Land Tribunal adjourn the Applicant's Site Plan Control application appeal sine die. 9. City Council approve a development charge credit and funding allocated from Transportation Service's capital budget for the design and construction by the Applicant of off-site sidewalk improvements to the existing sidewalk along the west side of Montgomery Road, between the north end of the Subject Site to Belvedere Boulevard, in amounts to the satisfaction of the Chief Financial Officer and the General Manager, Transportation Services; City Council further authorize such funds to be advanced to the Applicant for such off-site sidewalk improvements to the satisfaction of the Chief Financial Officer and the General Manager, Transportation Services; the off-site sidewalk improvements shall comprise raising the level of the existing sidewalk and providing a curb edge to ensure clear and safe separation from the roadway; the location, design, and construction of such off-site sidewalk improvements by the Applicant shall be to the satisfaction of the General Manager, Transportation Services, and shall be secured as a matter of legal convenience in the Section 37 Agreement authorized by City Council in Part 5 above, or such other agreement as may be required, all to the satisfaction of the City Solicitor, Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in consultation with the Ward Councillor; the off-site sidewalk improvements shall be constructed prior to any occupancy of the proposed redevelopment of the Subject Site and shall be constructed concurrently with any public realm improvements otherwise required to be undertaken by the Applicant secured as part of the redevelopment of the Subject Site through the site plan approvals process. 10. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision. Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1. 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 remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.
MM41.14adopted
This Motion requests City Council authority to release Section 37 funds from developments located at 1-25 Defries Street to support a public art commission led by Waterfront Toronto at the King/Queen Triangle. In collaboration with Indigenous Public Art Curator Ryan Rice, the City of Toronto and the Toronto and Region Conservation Authority, Waterfront Toronto released a Request for Qualifications in August 2021 for Indigenous artists to submit public art proposals for King/Queen Triangle. The site is located at the intersection of King, Queen and River Streets, which currently forms the eastern gateway into the Corktown neighbourhood. King/Queen Triangle Indigenous Public Art will contribute towards celebrating and acknowledging historical and contemporary Indigenous visual culture as city placemaking. In January 2022, three Indigenous artist teams were shortlisted by an Indigenous Evaluation Committee to develop proposals for permanent site-specific public art. In order to rethink the site holistically and comply with the sensitive environmental context of the site's underlying Flood Protection Landform, artists were required to include a landscape architect on their teams. The King/Queen Triangle is a unique site situated alongside the route of the Don River, which has been earmarked for public realm improvements. Part of this vision is to transform an undefined, transitory area wedged between high traffic transportation corridors, into a welcoming gathering space for nearby communities and the public at large. This project will invigorate a downtown site and create a cultural venue that draws upon rich and diverse narratives and relationships connecting time and cultures. It will also regenerate an uninterrupted Indigenous presence in the area. By adding meaningful artwork and rethinking the current landscaping, the triangle will shine as a culturally significant illumination of (urban) Indigeneity. The successful Indigenous artwork will also engage Corktown community objectives to celebrate and broaden the history, culture, and significance of this site by transforming it into a welcoming space that ties the diverse neighborhood together.
City Council on March 9, 2022, adopted the following: 1. City Council increase the Council approved 2022 Capital Budget for Economic Development and Culture by $1,528,150 gross and $0 debt in project costs with cash flow funding of $1,528,150 in 2022, fully funded by Section 37 community benefits obtained from the development at 1-25 Defries Street (Source Account: XR3026-3701147), to create a new project for the purpose of providing one time capital funding to Waterfront Toronto for a public art commission at the King/Queen Triangle. 2. City Council direct that the funds be forwarded to Waterfront Toronto upon the signing of a Delivery Agreement that governs the use of the funds and that outlines the scope of work, subject to terms satisfactory to the General Manager, Economic Development and Culture.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy and Councillor Paula Fletcher, recommends that: 1. City Council increase the Council approved 2022 Capital Budget for Economic Development and Culture by $1,528,150 gross and $0 debt in project costs with cash flow funding of $1,528,150 in 2022, fully funded by Section 37 community benefits obtained from the development at 1-25 Defries Street (Source Account: XR3026-3701147), to create a new project for the purpose of providing one time capital funding to Waterfront Toronto for a public art commission at the King/Queen Triangle. 2. City Council direct that the funds be forwarded to Waterfront Toronto upon the signing of a Delivery Agreement that governs the use of the funds and that outlines the scope of work, subject to terms satisfactory to the General Manager, Economic Development and Culture.
CC41.15amended
2872, 2880 and 2882 Kingston Road- Zoning By-law Amendment Application - Request for Direction
Artlife Developments (the "Applicant") is the owner of the property municipally known as 2872, 2880 and 2882 Kingston Road (the "Subject Site"). The Applicant applied for amendments to Cliffcrest Community By-law 9396 and City of Toronto Zoning By-law 569-2013 (the "Application") in order to facilitate a 10-storey mixed-use building containing 145 dwelling units and 295 square metres of ground floor commercial space with a total gross floor area of 9,437 square metres (the "Original Application"). On March 10, 2021, City Council adopted the recommendations of Community Planning staff to refuse the Applications. The Applicant appealed City Council's decision to the Ontario Land Tribunal (the "OLT"). The appeal was assigned Case PL210208. In its decision dated October 6, 2021, the OLT set an 8-day hearing of the appeal to commence on June 28, 2022.
City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 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 (March 2, 2022) from the City Solicitor, and City Council direct that that the balance of Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege; and b. Confidential Attachments 2 and 3 to the report (March 2, 2022) from the City Solicitor. 3. City Council instruct the City Solicitor and City staff to consult with the local Councillor on any upgrades or solutions proposed by the Applicant to address City staff's concerns relating to sanitary sewer capacity. The confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer dated March 1, 2022, in Confidential Attachment 2 to the report (March 2, 2022) from the City Solicitor and as generally shown on the Revised Plans in Confidential Attachment 3 to the report (March 2, 2022) from the City Solicitor, subject to Parts 2-5 below. 2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in support of the revised proposal as set out in the Settlement Offer dated March 1, 2022 in Confidential Attachment 2 to the report (March 2, 2022) from the City Solicitor and as generally shown on the Revised Plans in Confidential Attachment 3 to the report (March 2, 2022) from the City Solicitor, subject to Parts 3 and 4 below. 3. City Council instruct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal hearing to request that a holding provision (H) be included in the final form of the Zoning By-law, to be lifted at such time that the following conditions have been fulfilled to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water: a. upgrades of Wirral Sanitary Pumping Station and forcemain by the City have been constructed to solve the existing pumping station capacity constraints based on the findings of an Environmental Assessment; b. all local municipal infrastructure improvements or upgrades required to service the proposed development identified by the accepted Functional Servicing Report are secured or constructed; and c. the owner has entered into appropriate financially secured agreements to implement the required local infrastructure. 4. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until such time as: a. the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Director, Community Planning, Scarborough District and the City Solicitor; and b. the City Solicitor confirms that the owner has provided a Functional Servicing and Stormwater Management Stage 1 Report, a Hydrogeological Report and Summary Forms for each Report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services. 5. In the event the Applicant agrees to the imposition of a holding (H) provision in accordance with Part 3 above, City Council authorize the City Solicitor to settle the appeal and attend the Ontario Land Tribunal in support of the development as shown on the Revised Plans in Confidential Attachment 3 to the report (March 2, 2022) from the City Solicitor in its entirety. 6. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision. Confidential Attachments 2 and 3 to the report (March 2, 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 (March 2, 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. If the confidential recommendations in Confidential Attachment 1 are adopted by City Council, City Council authorize the public release of: a. the confidential recommendations in Confidential Attachment 1 but that the remainder of Confidential Attachment 1 remain confidential as it contains advice which is subject to solicitor-client privilege; and b. Confidential Attachments 2 and 3.
MM41.15adopted
This Motion will give the City Solicitor authority, along with appropriate City Staff, to attend the Toronto Local Appeal Body in order to support the Committee of Adjustment's decision to refuse the minor variance application to construct a new dwelling at 122 Rochester Avenue (Application Number A0600/21NY) (the "Application"). The Application seeks variances from City-wide Zoning By-law 569-2013 and former City of North York Zoning By-law 7625, including variances for building height, building length, building depth, and side yard setbacks, among others. Planning Staff recommended that the Committee of Adjustment refuse the Application because the variances, as combined, create an inappropriate massing condition, do not meet the intent of the Zoning By-law and are not minor, among other reasons (report attached). On October 21, 2021, the Panel of the Committee of Adjustment refused to grant the requested variances (Decision attached). The applicant has appealed the refusal to the Toronto Local Appeal Board (the "Appeal"). This matter is time sensitive and urgent as a hearing of the appeal has been scheduled for May 10, 2022.
City Council on March 9, 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 the appeal of the Committee of Adjustment's decision to refuse the minor variance application to construct a new dwelling at 122 Rochester Avenue (Application Number A0600/21NY). 2. City Council authorize the City Solicitor to retain such outside consultants, as may be necessary, 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 local Ward Councillor and with the Director, Community Planning, North York District.
Staff recommendation as filed
Councillor Jaye Robinson, seconded by Councillor Mike Colle; recommends that: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff, in order to oppose the appeal of the Committee of Adjustment's decision to refuse the minor variance application to construct a new dwelling at 122 Rochester Avenue (Application Number A0600/21NY). 2. City Council authorize the City Solicitor to retain such outside consultants, as may be necessary, 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 of Community Planning, North York District.
CC41.16amended
80 Thirtieth Street - Zoning Amendment Application -Request for Direction
The application proposes to amend City-wide Zoning By-law 569-2013 to permit 14 back-to-back townhouse units in one block. The proposed townhouse units would be 4- storeys (14.5 metres) in height and have a total residential gross floor area of 1,993 square metres, representing a Floor Space Index of 0.92 times the area of the lot. The application proposes 18 surface parking spaces adjacent to the rail corridor and 14 parking spaces integral to the townhouses. The owner of the site has appealed its Zoning By-law Amendment application to the Ontario Land Tribunal ("OLT") citing Council's failure to make a decision within the time required by the Planning Act. Further direction from City Council is required on this matter.
City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff attached to motion 1 by Councillor Mark Grimes. 2. City Council direct that the confidential instructions to staff adopted by City Council remain confidential at the discretion of the City Solicitor. 3. City Council direct that Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor remain confidential. The Confidential Instructions to staff attached to motion 1 by Councillor Mark Grimes were adopted by City Council and remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006. The Confidential Instructions to staff attached to motion 1 by Councillor Mark Grimes will be made public at the discretion of the City Solicitor. Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor remains confidential in its entirty in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to the report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Appendix A, if adopted by City Council. 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.
MM41.16amended
Metrolinx's proposal to run the Ontario Line above ground in their rail corridor between East Harbour and Pape/Gerrard involves rebuilding and expanding at least four bridges along the current heavy rail corridor at Queen Street East, Eastern Avenue, Dundas Street East and Logan Avenue. They will also be raising the rail bed about five feet, taking out the current rail lines and constructing 6 new rail lines. This work will have major impacts on the local roads, sidewalks, businesses and residential neighbourhoods; and on TTC bus and streetcar operations. At its meeting on October 29, 2019, City Council directed the Deputy City Manager, Infrastructure and Development Services to immediately study the impact on road operations of the significant expansion of the rail bridges at Eastern Avenue, Queen Street East, Dundas Street East, Logan Avenue, Carlaw Avenue and Gerrard Street in order to safely service 6 new tracks and railbed, and the required rebuild of the Lakeshore Bridge as part of the Gardiner take down; and that this information be forwarded to Metrolinx to be considered in their amended Transit Project Assessment Process. In their January 27, 2021 report on this matter to IE19.10(Metrolinx Projects - Eglinton Crosstown West Extension, Yonge North Subway Extension and Ontario Line - Temporary Delegation for Long-term Road Closures), City staff noted that: there has been insufficient information available to undertake this detailed analysis at the time of this report Recently Metrolinx have shared information with City Staff regarding their requests to access the rail line through 14 access points. Metrolinx has also indicated their requirement to replace the Dundas Bridge which belongs to the City with their own. In previous motions passed by this Council, the City has added requirement in order for Metrolinx to use the City's Rights of Way prior to the issuing of any permits, must have an approved traffic mitigation plan for construction and to have an approved business interruption mitigation plan. Though some more details have been forthcoming from Metrolinx there has not been any public consultation on any of the above. The City has a very high standard of deep and thorough public consultation. Since road and sidewalk disruptions are expected to start in August of this year, it is critical this be done and done by professionals who are experienced in solving these types of problems in conjunction with the community. Furthermore, given the degree of road, sidewalk and Toronto Transit Commission operational impacts of the Ontario Line construction and the traffic impacts resulting from the Gardiner takedown and rebuild, the City needs to consider whether other construction projects in the area should be prohibited from sidewalk or lane occupation. Based on the Council motion of October 1, 2021 (MM36.48) regarding design excellence for the retaining and noise walls along the 1.7 kilometres of the above ground Ontario Line, Metrolinx is holding a series of public discussions with community members who live along the rail line. The progress of these discussions and the City's expectations should be a matter of public record.
City Council on March 9, 2022, adopted the following: 1. City Council once again request Metrolinx to undertake an assessment of running the Ontario Line underground in the segment of the former Relief Line from Pape to the Don Yards, the elevated segment of the proposed Ontario Line that runs through the Thorncliffe Park neighbourhood and the length of the Ontario Line from Eglinton East through the Flemingdon Community. 2. City Council request the General Manager, Transportation Services: a. to report to the Toronto and East York Community Council meeting of April 21, 2022 with proposals for access routes and traffic mitigation measures for the construction of the Ontario Line, such report to include a list of conditions for any permits needed by Metrolinx for that project in Ward 14; b. to include in the report in Part 2a above proposals for a mechanism to review right-of-way permits for lane or sidewalk occupations from 3rd party applicants in the vicinity of the Ontario Line project in Ward 14; and c. in developing the report in Part 2a above to have the appropriate staff attend a public meeting held by the local Councillor, on the impacts on the City's right-of-way of the construction and assets of the proposed above ground section of the Ontario Line, and City Council direct that until the consultation is complete and reported to City Council, no right-of-way permits be issued for this project in Ward 14. 3. City Council request the General Manager, Parks, Forestry and Recreation to report to the Toronto and East York Community Council meeting of April 21, 2022 on proposals for a mechanism to review any and all tree removal proposals or permits in the vicinity of the Ontario Line project in Ward 14. 4. City Council request the City Manager to provide an update report on the recommendations made by Council on October 1, 2021 as part of item MM36.48 to the May 4, 2022 meeting of the Executive Committee. 5. City Council request the General Manager, Transportation Services, the Executive Director, Transit Expansion, and the General Manager, Parks, Forestry and Recreation to have the appropriate staff attend the public meeting held by the local Councillor noted in Part 2 above, and City Council request the City Manager to request Metrolinx to immediately make public the interim Arborist Report for the Ontario Line it has submitted to Parks, Forestry and Recreation.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Joe Cressy, recommends that: 1. City Council once again request Metrolinx to undertake an assessment of running the Ontario Line underground in the segment of the former Relief Line from Pape to the Don Yards, the elevated segment of the proposed Ontario Line that runs through the Thorncliffe Park neighbourhood and the length of the Ontario Line from Eglinton East through the Flemingdon Community. 2.City Council request the General Manager, Transportation Services: a. to report to the Toronto and East York Community Council meeting of April 21, 2022 with proposals for access routes and traffic mitigation measures for the construction of the Ontario Line, such report to include a list of conditions for any permits needed by Metrolinx for that project in Ward 14; b. to include in the report in Recommendation 2a above proposals for a mechanism to review right-of-way permits for lane or sidewalk occupations from 3rd party applicants in the vicinity of the Ontario Line project in Ward 14; and c. in developing the report in Recommendation 2a above to have the appropriate staff attend a public meeting held by the local Councillor, on the impacts on the City's right-of-way of the construction and assets of the proposed above ground section of the Ontario Line, and City Council direct that until the consultation is complete and reported to City Council, no right-of-way permits be issued for this project in Ward 14. 3. City Council request the City Manager to provide an update report on the recommendations made by Council on October 1, 2021 as part of item MM36.48 to the May 4, 2022 meeting of the Executive Committee. 4. City Council request the General Manager, Transportation Services, the Executive Director, Transit Expansion, and the General Manager, Parks, Forestry and Recreation to have the appropriate staff attend the public meeting held by the local Councillor noted in Recommendation 2, and ask the City Manager to request Metrolinx to immediately make public the interim Arborist Report for the Ontario Line it has submitted to Parks, Forestry and Recreation.
CC41.17adopted
625 Church Street - Zoning By-law Amendment Application - Request for Directions
The applicant (Manulife Investment Management) appealed its Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) on February 25, 2021 citing City Council's failure to make a decision on the application within the statutory timeline. A hearing of this matter before the OLT is scheduled to begin on March 30, 2022 for a duration of 8 days.
City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 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 (March 2, 2022) from the City Solicitor; and b. Confidential Appendices A and B to the report (March 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 2, 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 (March 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council conditionally accept the owner's settlement offer, dated February 28, 2022 composed of the letter attached as Confidential Appendix A to the report (March 2, 2022) from the City Solicitor and the plans and project statistics attached as Confidential Appendix B to the report (March 2, 2022) from the City Solicitor (the "Settlement Offer") subject to Parts 3 to 10 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal on this matter in support of the proposed development set out in the Settlement Offer, with any necessary revisions to address the matters identified in Parts 3 to 10 below. 3. City Council require the owner to design, construct, finish, and maintain at least 15 affordable rental housing dwelling units on the site (the "Affordable Housing Units"), in accordance with the following terms: a. at least 10 percent of the Affordable Housing Units shall be three-bedroom rental units with a minimum unit size of 84 square metres; b. at least 30 percent of the Affordable Housing Units shall be two-bedroom rental units with a minimum unit size of 60 square metres; c. no more than 10 percent of the Affordable Housing Units shall be studio rental units at similar sizes to the market studio units; d. one-bedroom Affordable Rental Units shall be similar sizes to market one-bedroom units; e. the Affordable Housing Units will generally be located on the 7th to 28th floors of the building, and the final location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; f. the Affordable Housing Units will be rented at no more than 90 percent of Affordable Rents as currently defined in the Official Plan, inclusive of utilities for heat, hydro and hot and cold water, for a minimum period of 40 years, beginning from the date that each such unit is first occupied (the "Affordability Period"); during which, no Affordable Housing Unit shall be registered as a condominium or any other form of ownership housing, and no application shall be made to demolish or convert any Affordable Housing Unit to a non-residential rental purpose; g. after the first year of occupancy of any Affordable Housing Units, the rent charged to the tenants occupying a unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends; h. notwithstanding the annual rent increases permitted in Part 3.g. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit shall not be increased to an amount that exceeds 90 percent of the average rent for the same unit type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; i. the City's Centralized Affordable Housing Access System will be used to advertise and select tenants, provided it is in place; in addition, at least six months in advance of any new Affordable Housing Units being made available for rent, the owner shall develop and implement a Housing Access Plan, which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; j. the new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which seventy percent of the new dwelling units are available and ready for occupancy, or to the satisfaction of, the Chief Planner and Executive Director, City Planning; k. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the development on the same terms and conditions as any other resident of the building; l. the owner shall provide all tenants of the Affordable Housing Units with laundry facilities on the same basis as other units within the building; and m. the owner shall provide all tenants of the Affordable Housing Units with access to permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, and in accordance with the Zoning By-law. 4. City Council authorize the Chief Planner and Executive Director, City Planning, or designate, to enter into of an agreement with the owner pursuant to Section 37 of the Planning Act as follows, to the satisfaction of the Chief Planner and the City Solicitor: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. the owner will design, construct, finish, and maintain at least 15 affordable rental housing dwelling units on the site (the "Affordable Housing Units"), in accordance with the following terms: a. at least 10 percent of the Affordable Housing Units shall be three-bedroom rental units with a minimum unit size of 84 square metres; b. at least 30 percent of the Affordable Housing Units shall be two-bedroom rental units with a minimum unit size of 60 square metres; c. no more than 10 percent of the Affordable Housing Units shall be studio rental units at similar sizes to the market studio units; d. one-bedroom Affordable Rental Units shall be similar sizes to market one-bedroom units; e. the Affordable Housing Units will generally be located on the 7th to 28th floors of the building, and the final location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; f. the Affordable Housing Units will be rented at no more than 90 percent of Affordable Rents as currently defined in the Official Plan, inclusive of utilities for heat, hydro and hot and cold water, for a minimum period of 40 years, beginning from the date that each such unit is first occupied (the "Affordability Period"); during which, no Affordable Housing Unit shall be registered as a condominium or any other form of ownership housing, and no application shall be made to demolish or convert any Affordable Housing Unit to a non-residential rental purpose; g. after the first year of occupancy of any Affordable Housing Units, the rent charged to the tenants occupying a unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends; h. notwithstanding the annual rent increases permitted in Part 4 a.i.g. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit shall not be increased to an amount that exceeds 90 percent of the average rent for the same unit type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; i. the City's Centralized Affordable Housing Access System will be used to advertise and select tenants, provided it is in place; in addition, at least six months in advance of any new Affordable Housing Units being made available for rent, the owner shall develop and implement a Housing Access Plan, which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; j. the new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which 70 percent of the new dwelling units are available and ready for occupancy, or to the satisfaction of, the Chief Planner and Executive Director, City Planning; k. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the development on the same terms and conditions as any other resident of the building; l. the owner shall provide all tenants of the Affordable Housing Units with laundry facilities on the same basis as other units within the building; and m. the owner shall provide all tenants of the Affordable Housing Units with access to permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, and in accordance with the Zoning By-law; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development if approved by the Ontario Land Tribunal: i. pursuant to the site plan control application process but in any event prior to final Site Plan approval, the owner shall design a minimum 2.1 metre wide pedestrian walkway connection (the "pedestrian connection") running north-south along the eastern portion of the subject property in the approximate location as shown on the Settlement Offer plans, with the final location of the pedestrian connection and design to be to the satisfaction of the Chief Planner and Executive Director, City Planning or designate; ii. prior to final site plan approval, the owner shall prepare all documents and convey to the City, at its own expense and for nominal consideration, a public access easement upon the pedestrian connection, including rights of support as applicable, for its use by the general public, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the City Solicitor; the easement conveyance shall be registered in priority and clear of all physical encumbrances unless otherwise agreed to by the Chief Planner and Executive Director; iii. pursuant to the site plan control application process but in any event prior to final Site Plan approval, the owner shall design a privately-owned publicly accessible space with an area of no less than 126.6 square metres wide at the south side of the property fronting onto Charles Street East in the approximate location as shown on the Settlement Offer plans, with the final location and configuration of the privately-owned publicly accessible space to be to the satisfaction of the Chief Planner and Executive Director, City Planning or his designate; iv. prior to final site plan approval, the owner shall prepare all documents and convey to the City, at its own expense and for nominal consideration, a surface easement in respect of the privately-owned publicly accessible space, including rights of support as applicable, permitting its use by the general public, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the City Solicitor; the easement conveyance shall be registered in priority and clear of all physical encumbrances unless otherwise agreed to by the Chief Planner and Executive Director; v. the owner shall make a cash payment to the City in the amount of $50,000, to be paid prior to the first above-grade building permit, to be allocated by the City to the proposed signalization at Church Street and Hayden Street, with the City responsible for the construction of such signalization; the $50,000 cash payment shall be upwardly indexed 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 Table 18-10-0135-01, or its successor, and calculated from the date of the Tribunal's order to the date of the first above-grade building permit for the development; and vi. the owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site. 5. City Council authorize the City Solicitor to request the Ontario Land Tribunal to include in its Order for the Zoning By-law amendment application a Zoning By-law amendment in form and content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor. 6. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order for the Zoning By-law amendment appeal pending receipt of written confirmation from the City Solicitor that: a. the owner has resubmitted to an updated Functional Servicing Report, updated Stormwater Management Report, and updated Hydrogeological Study to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning; and b. the owner has made satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services for the design and construction of new infrastructure or any improvements to the existing municipal infrastructure, should it be determined in the Engineering Reports that new infrastructure and/or upgrades/improvements are required to the existing infrastructure, to support this development, and that the owner has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure, with any such agreement to be executed prior to the issuance of the first above-grade building permit. 7. City Council authorize the City Solicitor, in the event the owner has not satisfied the matters set out in Parts 6.a. and 6.b. above on or before May 11, 2022, to request the Ontario Land Tribunal to issue its Order on the Zoning By-law amendment appeal inclusive of a holding symbol under Section 36 of the Planning Act with the conditions for the removal of the holding symbol being the satisfactory completion of the matters set out in Parts 6.a and 6.b. above. 8. City Council require the owner to withdraw its appeal of Official Plan Amendment 352 on or before May 11, 2022. 9. City Council require the owner to file an application under Section 33 of the Ontario Heritage Act permitting the alteration of the property municipally known as 625 Church Street and designated under Part IV of the Ontario Heritage Act pursuant to the passing of City of Toronto By-law 808-2021 in time for the application to be considered by the Toronto Preservation Board at its meeting of April 5, 2022. 10. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendices A and B to the report (March 2, 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 (March 2, 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 the report (March 2, 2022) from the City Solicitor. 2. City Council authorize the public release of the recommendations in Confidential Attachment 1 and the information in Confidential Appendices A and B in the event City Council adopts the recommendations in Confidential Attachment 1. 3. City Council direct that the balance of Confidential Attachment 1 remain confidential as these documents contain advice which is subject to solicitor-client privilege.
MM41.17adopted
The Canada Malting property - a landmark site located in our waterfront's Bathurst Quay neighbourhood, and which marks the western entrance to Toronto's Inner Harbour - is undergoing a long-awaited transformation into a welcoming and attractive destination for all Torontonians. Following more than two years of intensive consultation and study, in 2017 City Council approved the Bathurst Quay Neighbourhood Plan with a vision to improve this derelict City-owned property with new public spaces, and to repair and revitalize the heritage-designated Canada Malting Silos located on the property into a cultural and community services-focused hub. Since that time, the City with our local partners including the local resident association and business community, Canada Ireland Foundation, Waterfront Neighbourhood Centre, Ports Toronto, and the TDSB, have been hard at work advancing this vision. In October 2019, construction on the first phase of public realm improvements got started, and a new waterfront promenade and additional improvements were formally opened in November 2021. The next phase of work on the Bathurst Quay Neighbourhood Plan is now well underway including two major initiatives: repurposing a derelict office building on the site into "The Corleck" - a new waterfront hub for arts and culture to be operated by the non-profit Canada Ireland Foundation; and the structural rehabilitation and repair of the historically significant Canada Malting Company Silos - two of the oldest remaining maritime structures on Toronto's waterfront. Construction crews are presently working on improvements to the silos that include the creation of a new publicly accessible pedestrian "portal" between the south and north structures; and are delivering enabling investments to support the silo's future planned re-use and activation, including restoration of electrical connections, foundation repair and water-proofing, debris and contaminated water removal, and repairing the silo's damaged concrete roof and walls. And later this year, construction begins on a dynamic new public waterfront plaza with which to tie all of these improvements to each other and to the water's edge. Though the silo rehab work underway is approximately one year to completion, these investments are already beginning to make a difference. An exciting potential partnership with OCAD University has emerged that presents an opportunity to accelerate the re-use and activation of the north silo with a unique program in full alignment with the vision and objectives of the Bathurst Quay Neighbourhood Plan. OCAD University has a compelling vision to re-purpose this landmark structure as the home to a planned Global Centre for Climate Resilience through Art and Design on Toronto's waterfront. This Global Centre concept aims to facilitate critical dialogues and presentations on climate resilience, from the lens of art and design, via public arts programming and partnership collaboration. In a planned partnership with Trans Europe Halle - an international, social incubator that animates abandoned buildings around the globe - OCAD University will leverage the north silo's unique and soaring interior volumes and exterior walls to facilitate curatorial programming and year-round public engagement in the form of exhibitions, installations, symposiums, projections, film festivals, and other public-facing events. Critically, OCAD University's program would prioritize nurturing relationships with Indigenous communities, elders, students and faculty, and would invite and engage various local, national and international creative partners, to help realize the potential of this architectural landmark as a canvas and laboratory for contemporary art and design. This is an important opportunity to pursue because a nimble and creative partnership here will allow for piloting ideas, quick wins, and an ability to learn from curator and guest experiences in the north silo while continually exploring future possible opportunities for the adjacent south silo. This accelerated and incremental re-use approach is exciting, it is achievable, and it will maintain the heritage integrity of these structures while leveraging ongoing revitalization efforts, without precluding expanded and/or additional silo programming and partnership opportunities in the future. I am requesting that City Council authorize necessary City staff to advance detailed discussions and further due diligence analysis with OCAD University regarding a possible short-term (up to five years) nominal lease arrangement for the north silo and immediate environs, in order to bring cultural and artistic activities to the Canada Malting property, and to report back with a specific proposal and term sheet for Council's consideration by May 2022.
City Council on March 9, 2022, adopted the following: 1. City Council direct the Executive Director, Corporate Real Estate Management, in consultation with the Director, Waterfront Secretariat, the Chief Planner and Executive Director, City Planning, and the General Manager, Economic Development and Culture, working in partnership with OCAD University, to undertake a due diligence analysis of OCAD University's 'Global Centre for Climate Resilience through Art and Design' proposal at the Canada Malting property in order to confirm various technical matters, including: compliance of the proposed program with relevant municipal policy; relative to the proposed program, ability of the proposed tenanted space to meet requirements of the Ontario Building Code and Accessibility for Ontarians with Disabilities Act, and any necessary facility upgrades related thereto; and any additional regulatory, occupancy, liability and/or other statutory approval matters that must be addressed in order to permit the proposed short-term adaptive re-use program. 2. City Council request the Executive Director, Corporate Real Estate Management, in consultation with the Director, Waterfront Secretariat, the Chief Planner and Executive Director, City Planning, and the General Manager, Economic Development and Culture to report back to the General Government and Licensing Committee meeting on June 7, 2022 on findings and recommendations of above-mentioned due diligence analysis; and additionally, should the proposal prove feasible, include: a. recommended terms for a short-term (up to five year) nominal lease of the interior of the north malting silo and adjacent exterior space as necessary to support OCAD University's proposed programming; and b. an update on the future open and transparent proposal call process for the adaptive re-use and animation of the Canada Malting Silos, including how that process will be informed by the experience of the short-term partnership with OCAD University.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Mayor John Tory, recommends that: 1. City Council direct the Executive Director, Corporate Real Estate Management, in consultation with the Director, Waterfront Secretariat, the Chief Planner and Executive Director, City Planning, and the General Manager, Economic Development and Culture, working in partnership with OCAD University, to undertake a due diligence analysis of OCAD University's 'Global Centre for Climate Resilience through Art and Design' proposal at the Canada Malting property in order to confirm various technical matters, including: compliance of the proposed program with relevant municipal policy; relative to the proposed program, ability of the proposed tenanted space to meet requirements of the Ontario Building Code and Accessibility for Ontarians with Disabilities Act, and any necessary facility upgrades related thereto; and any additional regulatory, occupancy, liability and/or other statutory approval matters that must be addressed in order to permit the proposed short-term adaptive re-use program. 2. City Council request the Executive Director, Corporate Real Estate Management, in consultation with the Director, Waterfront Secretariat, the Chief Planner and Executive Director, City Planning, and the General Manager, Economic Development and Culture to report back to the General Government and Licensing Committee meeting on June 7, 2022 on findings and recommendations of above-mentioned due diligence analysis; and additionally, should the proposal prove feasible, include: a. recommended terms for a short-term (up to five year) nominal lease of the interior of the north malting silo and adjacent exterior space as necessary to support OCAD University's proposed programming; and b. an update on the future open and transparent proposal call process for the adaptive re-use and animation of the Canada Malting Silos, including how that process will be informed by the experience of the short-term partnership with OCAD University.
MM41.18withdrawn
Since the brutal, illegal invasion of Ukraine by Russia, Torontonians have been steadfast in their support of the people of Ukraine as they fight to protect their homeland. Thousands of Canadians of Ukrainian Heritage call Toronto home and it is critical that the City of Toronto show solidarity with all Ukrainians, both here in Canada and in Ukraine. Toronto Transit Commission Streetcars are an iconic and visible symbol in Toronto and wrapping them in the blue and yellow Ukrainian flag would be a highly visible demonstration of support and solidarity.
Motion MM41.18 was withdrawn at City Council on March 9, 2022.
Staff recommendation as filed
Councillor Mike Colle, seconded by Councillor Anthony Perruzza, recommends that: 1. City Council request the Toronto Transit Commission to urgently assess wrapping as many Toronto Transit Commission streetcars as possible with the Ukrainian Flag to demonstrate solidarity with the people of Ukraine as they fight against the brutal and illegal Russian invasion. 2. City Council request the Toronto Transit Commission to explore corporate sponsorships to cover part of the costs associated with wrapping streetcars.